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Friday 6 November 2015
Norfolk Man Pleads Guilty to Felon in Possession of Ammunition ChargeRead the Press Release
NORFOLK, Va. – Wesley Paul Hadsell, 37, of Norfolk, pleaded guilty today to the charge of being a felon in possession of ammunition.
In a statement of facts filed with the plea agreement, Hadsell admitted that on Dec. 23, 2013, he purchased ammunition at Bob’s Gun Shop in Norfolk. He further admitted that on Dec. 31, 2013, he took that ammunition to a gun range in Chesapeake where he and other individuals utilized some of the ammunition and Hadsell retained possession of approximately 80 rounds of ammunition after the trip to the range. Hadsell also admitted to several prior felony convictions.
Hadsell will be sentenced on March 18, 2016. At sentencing, the Court will determine whether the nature of Hadsell’s prior felony convictions renders him subject to the enhanced penalties pursuant to the Armed Career Criminal Act. If the Court determines that Hadsell is subject to those enhanced penalties, Hadsell faces a minimum penalty of 15 years in prison and a maximum penalty of life in prison. If the Court determines that Hadsell does not meet the criteria of the Armed Career Criminal Act, Hadsell faces a maximum penalty of 10 years in prison. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Charles E. Smith, Special Agent in Charge of the Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, and Michael Goldsmith, Chief of Norfolk Police, made the announcement after the plea was accepted by U.S. District Judge Arenda L. Wright-Allen. Assistant U.S. Attorney Benjamin L. Hatch is prosecuting the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:15-cr-116.
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New Orleans Man Charged with Receipt of Child PornographyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JOSEPH RIVERA, age 33, of New Orleans was taken into custody today after previously being charged in a one-count Indictment by a federal grand jury with receipt of images and videos depicting the sexual exploitation of children. The Indictment was recently unsealed.
If convicted, RIVERA faces a mandatory minimum of five years imprisonment and a maximum term of imprisonment of twenty years, followed by up to a lifetime of supervised release, and a $250,000 fine per count. RIVERA can also be required to register as a sex offender.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys= Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
United States Attorney Polite reiterated that the Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation. Assistant United States Attorney Jordan Ginsberg is in charge of the prosecution.
New Haven Man Involved in Drug Robbery Scheme Sentenced to 5 Years in Federal PrisonRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that DONALD GAINES, also known as “Stretch” and “Shorty,” 35, of New Haven, was sentenced today by U.S. District Judge Alvin W. Thompson in Hartford to 60 months of imprisonment, followed by three years of supervised release, for participating in a drug robbery scheme.
This matter stems from “Operation Samson,” a multi-layered initiative headed by the ATF and the Bridgeport and New Haven Police Departments that targeted violent criminals, illegal firearm possession and firearm trafficking. In the spring of 2014, approximately 40 ATF special agents and personnel from Connecticut and across the country were deployed with New Haven and Bridgeport Police to conduct numerous covert operations.
According to court documents and statements made in court, during the operation, an undercover agent and a confidential informant made several controlled purchases of suspected crack cocaine from GAINES. During their contact, the informant asked GAINES if he and anyone he knew would be interested in committing a drug robbery. GAINES stated that he did not want to participate in the robbery itself, but introduced the informant and the undercover agent to Harold Harrington, also known as “Chopper” and “Chapo.” The undercover agent told Harrington that he wanted to hire someone to commit a home invasion robbery of a drug organization’s “stash house” in order to steal six to eight kilograms of cocaine. Harrington agreed to participate and helped plan the robbery, which would include the use of firearms. Harrington also stated that he would bring members of his crew to help commit the robbery.
The undercover agent and Harrington agreed to split the cocaine taken during the robbery, and they agreed to give GAINES one kilogram of the drug for putting the two individuals together.
On March 21, 2014, the day of the proposed robbery, Harrington arrived at the meeting location with Louis Toler, also known as “A.B.” After Harrington, Toler and the undercover agent had a detailed discussion about how the robbery was going to be carried out, Harrington and Toler were arrested. A subsequent search of Toler’s car revealed a loaded firearm.
The informant then called GAINES, told him the robbery had gone smoothly and arranged to meet him to deliver the cocaine. When GAINES arrived at the designated location, he identified the law enforcement surveillance and drove off at a high rate of speed. After a short chase, GAINES crashed his car on an off ramp in West Haven, attempted to flee on foot and was apprehended.
GAINES has been detained since his arrest. On May 5, 2015, he pleaded guilty to one count conspiracy to interfere with commerce by robbery.
Harrington pleaded guilty to one count of conspiracy to interfere with commerce by robbery and, on November 3, 2015, was sentenced to 72 months of imprisonment. Toler pleaded guilty to one count of possession of a firearm by a convicted felon and, on November 4, 2015, was sentenced to 77 months of imprisonment.
This case was prosecuted by Assistant U.S. Attorneys Tracy Dayton and Robert Spector.
Mobridge Man Sentenced for Distribution of MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mobridge, South Dakota, man convicted of Distribution of a Controlled Substance was sentenced on November 2, 2015, by U.S. District Judge Charles B. Kornmann.
Troy Thompson, age 43, was sentenced to 24 months in custody, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Thompson was indicted by a federal grand jury on February 18, 2015. He pled guilty on June 22, 2015.
The conviction arose from incidents in May and June of 2014, when law enforcement made two controlled buys of methamphetamine from Thompson. During the first buy, Thompson sold 2.22 grams of methamphetamine for $500.00 to a confidential informant. For the second buy, Thompson sold the confidential informant .57 grams of methamphetamine for $200.00. Thompson’s supplier was Aaron Sackreiter. Sackreiter fronted Thompson the methamphetamine, after which Thompson would sell it, and then give the money to Sackreiter. Sackreiter, in turn, would give Thompson some of the money back as payment for selling the methamphetamine. Sackreiter is scheduled to be sentenced on January 4, 2016.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force and the Mobridge Police Department. Assistant U.S. Attorney Jay Miller prosecuted the case.
Thompson will report to the U.S. Marshals Service on November 24, 2015, to begin serving his sentence.
Missouri Man Pleads Guilty to Aiding and Abetting Bank RobberiesRead the Press Release
Stephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced today that on November 6, 2015, Marc G. Miller, 53, a resident of St. Louis, MO, pled guilty to an Indictment charging two counts of Bank Robbery. For each count, Miller faces a term in federal prison of not more than twenty years, a fine up to $250,000, or both, and a term of supervised release of not more than five years. Miller will also be ordered to pay restitution to the financial institutions for their losses. Sentencing is scheduled for February 22, 2016, in East St. Louis, Illinois. Miller has been held without bond since his initial appearance in Illinois on July 10, 2015.
According to court documents, the charges arose when Miller aided and abetted his co-defendant when that person robbed two US Banks, located inside of Schnucks grocery stores, in Edwardsville and Fairview Heights, Illinois. The robbery of the US Bank in Edwardsville occurred on January 28, 2015, while the robbery of the US Bank in Fairview Heights occurred on February 10, 2015. Miller allowed the codefendant to use Miller’s vehicle to commit the robberies, and rode with him, as a passenger, to both robberies. Miller would wait in the car during the robberies. Miller was located during the investigation of a bank robbery of a US Bank, located inside a Schnucks grocery store, in St. Peters, Missouri. Miller provided a voluntary, videotaped statement in which he admitted his part in the robberies.
The case was investigated by the Edwardsville, Fairview Heights and St. Peters Police Departments, assisted by Metro-East Forensic Laboratory and the FBI. The case is assigned to Assistant United States Attorney Angela Scott.
Miami Beach Man Sentenced to 7 Years for Financial Fraud SchemeRead the Press Release
ALEXANDRIA, Va. – George Kalivretenos, 59, of Miami Beach, Florida, was sentenced today to 84 months in prison for a wire fraud and money laundering scheme in which he defrauded borrowers of approximately $5.6 million. Kalivretenos was also ordered to pay $4.18 million in restitution as part of his sentence.
Kalivrentenos pleaded guilty on Aug. 13, 2015. According to court documents, Kalivretenos operated and controlled Jasmine Capital and Jasmine Resources Capital Group, which were lending entities. He also owned and controlled two escrow companies, Escrow Services, LLC, and Escrow Title Services, LLC. Kalivretenos promised to lend companies and individuals millions of dollars after they sent a deposit of 10 percent of the loan amount to a third party escrow company. However, Kalivretenos concealed his control over the escrow company from borrowers. Once the escrow company received the borrowers’ deposits, Kalivretenos spent borrowers’ funds on personal expenses, including two Rolls Royces, a penthouse condominium rented at $18,000 per month, and hotel stays at the Ritz Carlton and Crowne Plaza. He also transferred substantial funds to overseas accounts.
In order to cover-up the fraud scheme, Kalivretenos made false representations regarding the status, use of, and reasons for not disbursing escrowed funds to borrowers and law enforcement. For example, on Aug. 20, 2013, Kalivretenos, pretending to be a woman employed at an escrow company, placed a telephone call to a FBI special agent and falsely claimed the escrow company still held a borrower’s escrow deposit. In order to corroborate his lie about the status of the escrow funds, Kalivretenos manufactured a fake bank statement and sent it to the FBI.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement after sentencing by U.S. District Judge Anthony J. Trenga. Assistant U.S. Attorney Uzo Asonye prosecuted the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:15-cr-73.
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Men from Oregon and Pennsylvania Sentenced to Federal Prison Terms for Defrauding New Mexico-Based CompanyRead the Press Release
ALBUQUERQUE – Two men were sentenced to federal prison terms yesterday afternoon in Albuquerque, N.M., for participating in a conspiracy to defraud Kinesio USA LLC, a New Mexico-based company that sells therapeutic elastic tape and related products, and its related company, Kinesio Holding Corporation (together, Kinesio).
Johannes Jarvis, 43, of Portland, Ore., was sentenced to 46 months in prison followed by three years of supervised release, and John A. “Jack” Hope, 68, of Huntingdon Valley, Pa., was sentenced to 37 months followed by three years of supervised release. The defendants were ordered to pay restitution to Kinesio USA in the amount of $2,008,450.00. The sentences were announced U.S. Attorney Damon P. Martinez, Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI, and Ismael Nevarez, Jr., Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation.
Jarvis and Hope were charged in an indictment filed on July 11, 2013, with a wire fraud conspiracy and money laundering. The indictment alleged that from late 2007 through April 2010, Jarvis and Hope conspired to defraud Kinesio of approximately $4.3 million, at least $1.2 million of which Jarvis and Hope retained as profits. At the time, Jarvis was the Director of Marketing for Kinesio, and Hope owned a printing business that operated in China that previously had been hired to produce marketing materials for Kinesio.
According to court filings, in 2007, Kinesio began looking for a new manufacturer for its therapeutic elastic tape, and Jarvis suggested searching for a manufacturer in China. Thereafter, Jarvis lied to Kinesio and reported that he had located a suitable manufacturer in China but that Kinesio would have to work through a broker to coordinate the business relationship. In April 2008, Jarvis and Hope incorporated Grace International (HK) Limited (“Grace International”) in Hong Kong, of which they were the sole owners. Jarvis told Kinesio that Grace International was an experienced company, when in reality it had no other clients. Jarvis represented to Kinesio that Grace International would broker the relationship between Kinesio and the tape manufacturer. In their plea agreements, Jarvis and Hope admitted that they concealed their ownership of the company because they knew that Kinesio would not have agreed to use Grace International as a broker if Kinesio had been aware that Jarvis and Hope were involved in it.
Relying on Jarvis’s misrepresentations, Kinesio entered into a contract with Grace International pursuant to which Kinesio paid Grace International to produce therapeutic elastic tape between July 2008 and Jan. 2010. During this period, Jarvis and Hope defrauded Kinesio by having Grace International charge Kinesio a significant undisclosed markup above the manufacturer’s price for the tape, which Jarvis and Hope hid from Kinesio. Jarvis and Hope shared the profits generated by the markup on a 65/35 split with Jarvis getting the larger share. As a means of continuing the deception, Jarvis and Hope sent emails to personnel at Kinesio that purported to be from employees at Grace International. The emails were composed in broken English so as to make it appear that they were written by a native Chinese speaker.
Jarvis and Hope each entered a guilty plea to the conspiracy to commit wire fraud alleged in the indictment. Jarvis entered his guilty plea on May 7, 2014, and Hope entered his guilty plea on May 5, 2014.
This case was investigated by the Albuquerque office of the FBI and IRS Criminal Investigation in Albuquerque and was prosecuted by Assistant U.S. Attorney C. Paige Messec.
Medical Director and Three Therapists Sentenced for Their Roles in $63 Million Miami Health Care Fraud SchemeRead the Press Release
A former medical director and three therapists from defunct health provider Health Care Solutions Network Inc. (HCSN) were sentenced today in Miami for their roles in a scheme to fraudulently bill Medicare and Florida Medicaid more than $63 million.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Special Agent in Charge George L. Piro of the FBI’s Miami Field Office and Special Agent in Charge Shimon Richmond of the U.S. Department of Health and Human Services-Office of Inspector General (HHS-OIG) Miami Regional Office made the announcement.
Roger Rousseau, 73, of Miami, the former medical director of HCSN in Florida, was sentenced by U.S. District Judge Robert N. Scola of the Southern District of Florida to 192 months in prison. Therapist Liliana Marks, 49, of Homestead, Florida, was sentenced to 72 months in prison. Therapists Doris Crabtree, 63, of Miami, Angela Salafia, 68, of Miami Beach, Florida, were each sentenced to 60 months in prison. In addition to their terms of imprisonment, each defendant was sentenced to three years of supervised release. Restitution will be determined at a hearing on Jan. 15, 2016.
On Aug. 24, 2015, following a two-week trial, the jury convicted all four defendants of conspiracy to commit health care fraud. Rousseau was additionally convicted of two counts of health care fraud. In total, 22 defendants have been charged and convicted for their roles in the HCSN scheme, including the former owner of HCSN, Armando “Manny” Gonzalez.
According to evidence presented at trial, HCSN purported to provide intensive mental health services to Medicare and Medicaid beneficiaries in Miami and Hendersonville, North Carolina, from approximately 2004 through 2011. These services were not medically necessary and were often never even provided. HCSN paid kickbacks to assisted living facility owners and operators in Miami who, in exchange, referred beneficiaries to HCSN. In support of this scheme, Rousseau routinely signed what he knew to be fabricated and altered medical records. Crabtree, Salafia and Marks fabricated HCSN medical records to support false and fraudulent claims for partial hospitalization program services that were not medically necessary and often never provided. In total, HCSN submitted approximately $63.7 million in false and fraudulent claims to Medicare, and received payments totaling approximately $28 million on those claims.
This case was prosecuted by Trial Attorneys Allan J. Medina, Lisa H. Miller and Bryan D. Fields of the Criminal Division’s Fraud Section. The case was investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office of the Southern District of Florida.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 2,300 defendants who have collectively billed the Medicare program for more than $7 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov.
Media Advisory: Heroin Summit to Discuss Prevention, Treatment and Law Enforcement CollaborationRead the Press Release
CEDAR RAPIDS – The United States Attorney’s Offices for the Northern and Southern Districts of Iowa together with the University of Iowa’s College of Public Health and Injury Prevention Research Center are hosting a collaborative interagency symposium on November 12th to discuss the skyrocketing rates of death occurring in Iowa from prescription medication and heroin overdoses. For the 13-year period beginning in 2000, Iowans dying from prescription medication overdoses increased twenty-fold. Heroin overdose deaths experienced the same alarming rate of increase, jumping from one to 20 deaths per year.
The keynote speaker is award-winning journalist Sam Quinones, author of Dreamland: The True Tale of America’s Opiate Epidemic. Participating in the symposium will be federal and state representatives who will be discussing medical, prevention and treatment perspectives. Law enforcement and legal implications will be analyzed. A parent’s perspective will detail how the death of a loved one impacts the family.
Event Details
WHEN: Thursday, November 12, 2015
WHERE: University of Iowa College of Public Health (Callaghan Auditorium), 145 N. Riverside Drive, Iowa City, Iowa
TIME: 8:30 a.m. – 4:30 p.m. (Opening remarks begin at 8:30 a.m. followed by keynote.)
Parking instructions are attached. heroin_-_parking_instructions.pdf (389.51 KB)
Media wishing to attend should contact Assistant U.S. Attorney Steve Young no later than November 10th to confirm their attendance. His contact information is contained in this advisory.
A press release will be provided and interview opportunities will be available.
Follow us on Twitter @USAO_NDIA.
McLaughlin Man Sentenced for Assault with a Dangerous Weapon and Failure to AppearRead the Press Release
United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man convicted of Assault with a Dangerous Weapon and Failure to Appear was sentenced on November 2, 2015, by U.S. District Judge Charles B. Kornmann.
Adam Weasel, age 20, was sentenced to 12 months in custody for Assault with a Dangerous Weapon and 6 months in custody for Failure to Appear, to be served consecutively; followed by 3 years of supervised release on each count, to be served concurrently; and a $200 special assessment to the Federal Crime Victims Fund.
Weasel was indicted for First Degree Burglary, Assault with a Dangerous Weapon, and Third Degree Burglary by a federal grand jury on June 23, 2014. A Superseding Information was filed on July 28, 2015, charging Weasel with Assault with a Dangerous Weapon and Failure to Appear. He pled guilty to the Superseding Information on August 3, 2015.
The conviction for Assault with a Dangerous Weapon arose from a June 22, 2013, incident at McLaughlin, when Weasel and two co-defendants forcibly entered a residence and assaulted some of the home’s occupants, kicking one of them while he was on the ground. Weasel joined in physical altercations between his co-defendants and several victims. Weasel was indicted for his role in the burglary and assault.
After his initial appearance, he was released on his own personal recognizance subject to various terms and conditions. He was later ordered to appear in federal court on January 30, 2015, to address an alleged bond violation. Weasel failed to appear for the hearing and a warrant was issued for his arrest. Weasel was not arrested on the warrant until April 23, 2015.
This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Jay Miller prosecuted the case.
Weasel was immediately turned over to the custody of the U.S. Marshals Service.
McLaughlin Man Sentenced for Abusive Sexual Contact of a MinorRead the Press Release
United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man convicted of Abusive Sexual Contact of a Minor was sentenced on November 2, 2015, by U.S. District Judge Charles B. Kornmann.
Patrick Red Legs, age 21, was sentenced to 24 months in custody, followed by 10 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.
Red Legs was indicted by a federal grand jury on August 14, 2014. He pled guilty on November 3, 2014.
The conviction stemmed from an incident on June 12, 2014, when an officer with the Bureau of Indian Affairs (BIA) responded to a call for assistance at a house in Little Eagle. Upon arrival, the officer made contact with another BIA officer and the 13-year-old victim, who reported that Red Legs had recently asked her to go drinking with him. The victim had agreed and they began to drink and playfully push each other, at which time Red Legs grabbed her and began to kiss her. The victim tried to push him away, but could not. Later in the evening, the victim was lying on a bed and Red Legs was sitting beside her. He started to kiss her again and began to rub her body. After a short amount of time, Red Legs placed his hands inside the victim’s leggings and underwear.
This case was investigated by the BIA, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Red Legs was immediately turned over to the custody of the U.S. Marshals Service.
Manhattan U.S. Attorney Files and Settles Civil Fraud Lawsuit Against Yonkers Contractor for Engaging in Fraudulent Conduct in Violation of the Disadvantaged Business Enterprise RegulationsRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, Douglas Shoemaker, regional Special Agent-in-Charge of the United States Department of Transportation Office of Inspector General (“DOT-OIG”), and Michael Nestor, Inspector General of The Port Authority of New York and New Jersey, announced that the United States filed on Tuesday, and simultaneously settled, a civil fraud lawsuit against a contractor, YONKERS CONTRACTING INC. (“YONKERS CONTRACTING”), for engaging in fraudulent conduct designed to exploit the Disadvantaged Business Enterprise Program in order to secure a contract on the federally-funded project for highway rehabilitation and bridge refurbishment along I-287, the Cross-Westchester Expressway (the “I-287 Project”). Specifically, as alleged in the complaint, YONKERS CONTRACTING falsely certified to the New York State Department Of Transportation (“NYS DOT”) that work being done by a disadvantaged business enterprise (“DBE”) qualified for DBE credit when YONKERS CONTRACTING knew that this was not the case and that YONKERS CONTRACTING instead paid kickbacks to the DBE for the fraudulent use of its DBE status. In the settlement, approved in White Plains federal court by U.S. District Judge Nelson S. Román, YONKERS CONTRACTING admitted and accepted responsibility for violating the DBE regulations governing the I-287 Project and agreed to pay the Government $2,600,000.
YONKERS CONTRACTING also entered into a non-prosecution agreement with the United States Attorney’s Office. Pursuant to the agreement, YONKERS CONTRACTING agreed, among other things, that it has instituted and will continue to maintain internal corporate remediation measures regarding Disadvantaged, Minority-Owned, and Women-Owned Business Enterprises (“D/M/WBEs”) for a period of two years, including: (1) creation and maintenance of a D/M/WBE Policy Manual and updated Code of Business Ethics for distribution to all employees; (2) implementation of an internal D/M/WBE training program for its employees; (3) creation and maintenance of a position focused on D/M/WBE issues; and (4) development and implementation of a checklist for D/M/WBE compliance to be used on all projects. Pursuant to the agreement, the United States Attorney’s Office agreed not to prosecute YONKERS CONTRACTING criminally in connection with credits claimed by it toward the DBE goal on a construction project on the Cross-Westchester Expressway for work purportedly done by two certified DBEs from in or about 2006 through in or about 2010.
Manhattan U.S. Attorney Preet Bharara said: “The DBE regulations at issue serve the important purpose of increasing legitimate participation by minority-owned and disadvantaged businesses. Instead of complying with the DBE regulations, Yonkers Contracting found fraudulent ways to get around them.”
DOT-OIG regional Special Agent-in-Charge Douglas Shoemaker said: “Disadvantaged Business Enterprise fraud like that committed by YONKERS CONTRACTING harms the integrity of the DBE program and law-abiding contractors, including many small businesses, by defeating efforts to ensure a level playing field in which all firms can compete fairly for contracts. Our agents will continue to work with the Secretary of Transportation, the Administrator of Federal Highways, and other Federal, State, and local law enforcement and prosecutorial colleagues to expose and shut down DBE fraud schemes that adversely affect public trust and DOT-assisted highway programs throughout New York and elsewhere.”
Port Authority Inspector General Michael Nestor said: “This investigation has demonstrated how individuals in the construction industry have manipulated and circumvented the intent of the DBE Program by utilizing firms as fronts to satisfy Program goals. This conduct deprived legitimate DBE’s from receiving their fair share of government contracts. This investigation should serve notice to all in the industry to adhere to the Program’s intent or face legal consequences. The Port Authority’s Office of Inspector General and its law enforcement partners will aggressively identify, investigate and bring to justice those who corrupt the integrity of the construction industry.”
BACKGROUND ON DBEs
In 1980, the United States Department of Transportation (“USDOT”) issued regulations in connection with a program to increase the participation of minority and disadvantaged business enterprises in federally funded public construction contracts. To become certified as a DBE, a company must, among other things, be owned and controlled by socially and economically disadvantaged individuals; be an independent business whose viability does not depend on its relationship with other firms; employ its own work force and own equipment necessary to perform its work; and be able to meet its financial obligations.
General contractors can count funds paid to DBEs toward the attainment of the DBE goals only if the DBEs performed a “commercially useful function.” A DBE subcontractor performs a commercially useful function only when it is responsible for the execution of the work of the contract; actually performs, manages, and supervises the work involved; and furnishes the supervision, labor, and equipment necessary to perform its work.
A DBE does not perform a “commercially useful function” if “its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation.”
YONKERS’S FRAUD
As set forth/described in the complaint:
Yonkers was part of a joint venture that obtained a contract from NYS DOT for the I-287 Project. This contract required adherence to DBE regulations, and as part of its bid, the joint venture submitted a DBE Utilization Packet to NYS DOT. NYS DOT agreed to a DBE participation commitment from the joint venture of 8.03%, of which over 31% was based on the purported work to be provided by a DBE called Global Marine Supply Co. (“Global Marine”). While YONKERS CONTRACTING claimed that Global Marine was going to serve as a steel supplier, YONKERS CONTRACTING in fact negotiated directly with a third-party steel supplier, which was not a DBE, to supply steel for the I-287 Project. YONKERS CONTRACTING hired Global Marine solely for its DBE status, in exchange for a 1% mark-up. The third-party steel supplier provided invoices to Global Marine, which recopied them, added the 1% mark-up, and submitted them to the joint venture. Global Marine never stored or shipped any steel, and thus, as YONKERS CONTRACTING knew, performed no commercially useful function on the project. Yet the joint venture regularly made entries into NYS DOT’s electronic-tracking system reflecting steel purchases purportedly made through Global Marine, and these records were used by NYS DOT to determine Global Marine’s contribution and whether the joint venture was meeting its DBE goal. As a result of the false reports submitted, YONKERS CONTRACTING obtained federal money to which it was not entitled.
Pursuant to the settlement agreement, YONKERS CONTRACTING admitted, acknowledged, and accepted responsibility for making and causing false statements to be made in violation of applicable regulations designed to encourage the participation of disadvantaged business enterprises in federally funded construction projects. Under the agreement, YONKERS CONTRACTING must also pay the United States $2,600,000.
Mr. Bharara praised the USDOT Office of Inspector General and the Office of the Inspector General for the Port Authority of New York and New Jersey for their invaluable work on this case, and thanked the Office of the Inspector General of the Metropolitan Transportation Authority and NYS DOT’s Investigations Bureau for their assistance with this investigation.
Assistant United States Attorney Benjamin Allee of the Office’s White Plains Division is in charge of the criminal case. Assistant United States Attorneys Ellen London and Mara Trager of the Office’s Civil Frauds Unit are in charge of the civil case.
Man Pleads Guilty to Impersonating Federal Officer and BlackmailRead the Press Release
St. Thomas, USVI- George W. Lewis, Jr., 50, pleaded guilty today in District Court on St.Thomas to one count of impersonating a federal officer and one count of blackmail, United States
Attorney Ronald W. Sharpe announced.According to court records, beginning in October 2014, Lewis befriended an undocumented immigrant and claimed to be an immigration agent employed by the Department of Homeland Security Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI). Defendant then manipulated the undocumented immigrant into a sexual relationship under the threat that he would have the undocumented immigrant deported from the United States.
District Court Judge Curtis V. Gomez ordered Lewis, who was released on bond, to surrender to the U.S. Marshals Service on January 4, 2016. Sentencing is scheduled for March 10, 2016.
Angel M. Melendez, Special Agent in charge of HSI in Puerto Rico and the U.S. Virgin Islands said: “Regrettably, schemes like this involving the impersonation of federal officers potentially undermine the public's confidence in their government and law enforcement. HSI will continue to aggressively pursue those who exploit innocent individuals. Having people come forward to report such schemes is crucial to deterring this type of fraud and preventing others from becoming victims.”
David D’Amato, Special Agent in Charge of the U.S. Immigration and Customs Enforcement, Office of Professional Responsibility, Southeast Region, said: “This prosecution and plea represents the collaborative effort of the ICE Office of Professional Responsibility and Homeland Security Investigations, and sends a strong message that criminal acts such as those perpetrated by Mr. Lewis will be vigorously pursued. Taking advantage of foreign nationals in the immigration system for any reason will not be tolerated, and the motive of blackmail for personal gain is especially egregious.”
The case was investigated by HSI and OPR. It is being prosecuted by Assistant United States Attorney Everard E. Potter.
Man Charged with Armed Robbery of Shop N Save Sentenced to over 9 Years in PrisonRead the Press Release
Devante J. Hodges, 22, was sentenced to 9 ½ years in prison on a three-count indictment charging him with Conspiracy to Interfere with Commerce by Robbery, Interference with Commerce by Robbery, and Use of a Firearm During a Crime of Violence, Stephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced today. The Armed Robbery counts arise from the federal Hobbs Act, which makes it a crime to obstruct, delay or affect interstate commerce by robbery, and is used by United States Attorney Wigginton as a way to combat armed robbery in the Southern District of Illinois. Following his prison sentence, Hodges will be on federal supervised release for 3 years. Hodges was also ordered to pay restitution in the amount of $7,000. Hodges has been in custody since he was charged on February 6, 2015.
Documents filed in the U.S. District Court establish that on January 11, 2015, Hodges, Lemarcus Jackson, Undray Webb, and Byron Holton entered the Shop ‘n Save, located at 1028 Camp Jackson Road in Cahokia, Illinois, masked, gloved and each armed with a gun. Hodges, Jackson, Webb, and Holton pointed the firearms at employees and customers within the store and threatened to kill a customer if they were not given the money. Holton jumped the service counter and demanded the employees place money from the safe into a black book bag while Hodges, Jackson, and Webb stood guard at the door with their firearms. Hodges, Jackson, Webb and Holton then left the store and fled the area in a vehicle being driven by the getaway driver, Durand Harper.
Hodges was arrested and interviewed by law enforcement. During the interview Hodges admitted to being one of the four gunmen who robbed the Shop ‘n Save and identified Byron Holton, Undray Webb and Lemarcus Jackson as the other three gunmen and Durand Harper as the getaway driver. Hodges admitted that he receive approximately $1,000 in proceeds from the robbery.
As to Lemarcus Jackson, Undray Webb, Byron Holton, and Durand Harper, their cases are still pending, thus they are innocent of the charges unless or until proven guilty beyond a reasonable doubt.
The case was investigated by the Cahokia Police Department, the Sauget Police Department and the Federal Bureau of Investigation. The case is assigned to Assistant United States Attorney Ali Summers for prosecution.
Luzerne County Man Sentenced to 9 Years in Prison for Possession and Sale of Stolen FirearmRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 30-year-old Luzerne County man was sentenced on November 5, 2015 to 9 years in prison by U.S. District Court Judge Robert D. Mariani in Scranton, for possession and sale of a stolen firearm.
According to United States Attorney Peter Smith, the defendant, James Pavlichko, previously pleaded guilty in July 2015. At that time, he admitted to stealing a .40 caliber Glock handgun from a friend’s home and selling it to a convicted felon in Kingston, Pennsylvania, on April 13, 2015.
The conviction is the result of an investigation conducted by the Kingston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Judge Mariani ordered that Pavlichko serve three years on supervised release following his prison sentence.
Assistant U.S. Attorney John Gurganus prosecuted the case.
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Lower Brule Man Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man convicted of Assaulting, Resisting and Impeding a Federal Officer and Assault Resulting in Substantial Bodily Injury to a Spouse was sentenced on November 2, 2015, by U.S. District Judge Roberto A. Lange.
Ronald Desheuquette, age 57, was sentenced to 14 months in custody, followed by 2 years of supervised release on each count to be served concurrently, and a special assessment of $200 to the Federal Crime Victims Fund.
Desheuquette was indicted by a federal grand jury on May 12, 2015. He pled guilty on August 11, 2015.
The conviction stemmed from an incident on November 29, 2014, when a Bureau of Indian Affairs officer was called to a residence in Lower Brule advising that a woman had been assaulted. When the officer arrived on scene, he found Desheuquette’s wife with blood on her head and hands, and a cut to her head that required staples to close. Desheuquette had struck his wife with his fists several times causing the injury.
The officer then proceeded to arrest Desheuquette on domestic abuse charges. He was transported to the Lower Brule Correctional Facility, and was booked. The officer began to fill out custody request forms, and Desheuquette was making verbal threats towards the officer. Desheuquette then walked up to the officer, while wearing shoes, and intentionally kicked the officer in the lower back.
This case was investigated by the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Desheuquette was immediately turned over to the custody of the U.S. Marshals Service.
Kendall Man Charged with Possessing Unregistered Destructive DeviceRead the Press Release
A Kendall man unlawfully possessed the components of four pipe bombs, in violation of the National Firearms Act.
Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, Carlos Canino, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), J.D. Patterson, Director, Miami Dade Police Department (MDPD), David Downey, Fire Chief, Miami-Dade Fire Rescue Department, and Joseph Steadman, Chief, State of Florida – Fire Marshal’s Office, made the announcement.
Jonathan Cristian Dittemore, 24, of Miami-Dade, was charged, by complaint, with possessing a National Firearm Act (NFA) firearm not registered to him in the National Firearm Registration and Transfer Record, in violation of Title 26, United States Code, Section 5861(d). If convicted Dittemore faces a statutory maximum penalty of 10 years in prison. This afternoon, Dittemore had his initial appearance before U.S. Magistrate Judge Barry L. Garber.
According to court documents, on October 23, 2015, a Miami-Dade County sanitation vehicle exploded in the area of 10620 SW 129th Court in Miami, Florida. An investigation into the explosion led law enforcement to Dittemore’s former residence. Inside Dittemore’s residence, including a bedroom allegedly used by the defendant, law enforcement discovered various explosive powders and components to construct destructive devices (pipe bombs). According to a record query, Dittemore possessed the components of the destructive devices in contravention of the requirements of the National Firearms Act.
Mr. Ferrer commended the investigative efforts of the ATF, MDPD Arson and Bomb Disposal Units, Miami-Dade Fire Rescue Department and the State of Florida – Fire Marshal’s Office. The case is being prosecuted by Assistant United States Attorney Jonathan Kobrinski.
A complaint is merely an allegation and the defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Justin Brouillette Pleads Guilty to Federal Carjacking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Justin Brouillette, 21, of Albuquerque, N.M., pleaded guilty today in federal court to carjacking and firearms charges announced U.S. Attorney Damon P. Martinez, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD). Under the terms of his plea agreement, Brouillette will be sentenced in the range of 11 to 13 years in federal prison followed by a term of supervised release to be determined by the court.
Brouillette was arrested in July 2015, on a criminal complaint alleging that he used a firearm on July 8, 2015, to shoot at APD officers as they attempted to execute a traffic stop on Brouillette as he was driving in southeast Albuquerque. Shortly thereafter Brouillette crashed his vehicle into another vehicle (the Ford), and then attempted to carjack the Ford by brandishing a firearm at the Ford’s owner and ordering him out of the car. While Brouillette was attempting to carjack the Ford, APD officers drove into the area and Brouillette allegedly fled on foot after discharging the firearm at the officers for a second time.
Brouillette was subsequently indicted on July 30, 2015, and charged with being a felon in possession of a firearm, attempted carjacking, brandishing a firearm during a carjacking, and brandishing and discharging a firearm during a carjacking. The offenses charged in the indictment took place on July 8, 2015, in Bernalillo County, N.M. On that day, Brouillette was prohibited from possessing firearms or ammunition because of his status as a convicted felon. Court records reflect that Brouillette has two felony convictions for receiving or transferring stolen vehicles in the Second Judicial District Court for the State of New Mexico in Bernalillo County.
During today’s change of plea hearing, Brouillette pled guilty to two counts of the indictment charging him with carjacking and discharging a firearm in furtherance of the carjacking. Brouillette admitted that on July 8, 2015, as he attempted to escape from police and collided with another vehicle, he got out of his vehicle, pointed a gun at the other driver and ordered the other driver out of his vehicle. Brouillette further admitted that he attempted to take the other vehicle but it was disabled, he fired shots at the officers and then fled on foot.
This case was investigated by the ATF office in Albuquerque and APD. Assistant U.S. Attorney Presiliano A. Torrez is prosecuting the case as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, under this initiative.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Lynch in Billings, on November 6, 2015 and entering pleas of Not Guilty were:
- DEAN JAMES SMALL, a 48-year-old resident of Lame Deer, appeared on charges of assault on a federal officer and use of a firearm during and in relation to a crime of violence. If convicted of the most serious charge contained in the indictment, SMALL faces life in prison, $250,000 in fines and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs. PACER Case Reference. 15-137
Appearing before U.S. Magistrate Lynch in Missoula, on November 4, 2015 and entering pleas of Not Guilty were:
- KENNETH MICHAEL MARKEE, JR., a 35-year-old resident of Billings, appeared on charges of possession of a firearm with an obliterated serial number. If convicted of the charge contained in the indictment, MARKEE faces 5 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and Bozeman Police Department. PACER Case Reference. 15-33
- JAMES EARL WILLIAMS, a 34-year-old resident of Billings, appeared on charges of failure to register as a sex offender. If convicted of the charge contained in the indictment, WILLIAMS faces 10 years in prison, $250,000 in fines and lifetime supervised release. The case was investigated by the United States Marshals Service. PACER Case Reference. 15-110
Appearing before U.S. Magistrate Anderson in Billings, on November 3, 2015 and entering pleas of Not Guilty were:
- TIMOTHY PATRICK PINE II, a 36-year-old resident of Fortine, appeared on charges of conspiracy to possess with intent to distribute methamphetamine and possession with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, PINE faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Drug Enforcement Administration and the Federal Bureau of Investigation. PACER Case Reference. 15-133
- SHAWN LEE STEWART, a 38-year-old resident of Wyola, appeared on charges of felon in possession of a firearm and ammunition and possession of an unregistered firearm. If convicted of the most serious charge contained in the indictment, STEWART faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference. 15-134
Appearing before U.S. Magistrate Johnston in Great Falls, on November 2, 2015 and entering pleas of Not Guilty were:
- JOHN EDMONSTON, a 54-year-old resident of Great Falls, appeared on charges of conspiracy to defraud the United States and theft of federal property by fraud. If convicted of the most serious charge contained in the indictment, EDMONSTON faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by Homeland Security Investigations and Malmstrom Air Force Base Office of Special Investigations. PACER Case Reference. 15-69
- JASON DANIEL WALKER, a 37-year-old resident of Lewistown, appeared on charges of felon in possession of firearms. If convicted of the most serious charge contained in the indictment, WALKER faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference. 15-36
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Indiana Man Sentenced for Role in 10-Defendant Marijuana ConspiracyRead the Press Release
BROWNSVILLE, Texas – Delton Hinderliter, 37 of Indianapolis, Indiana, has been sentenced to 112 months in federal prison for his role in a 10-defendant marijuana conspiracy, announced U.S. Attorney Kenneth Magidson. Hinderliter pleaded guilty in May 2014 to conspiracy with intent to distribute a quantity exceeding 1000 kilograms of marijuana.
Hinderliter was part of a multi-state drug trafficking and money laundering organization that had existed since 2010. The drug trafficking organization, based out of the Rio Grande Valley, would hire out-of-state truck drivers to haul loads of produce with ton quantities of marijuana hidden in false compartments. Drug proceeds would then be transported back to the Rio Grande Valley. The conspiracy extended to Indiana, Kentucky, Illinois, North Carolina and Tennessee.
The evidence at sentencing proved that Hinderliter was a distributer of marijuana for the drug trafficking organization in Indiana. Hinderliter’s sentence includes upward adjustments or increases in his calculated sentencing guideline range because he was found to have maintained a premises to facilitate the offloading, processing and distribution of illicit narcotics, and because he was found to be a leader within the drug trafficking organization. As part of his sentence, Hinderliter agreed to a $5 million money judgment against him. Five other individuals charged and convicted in the case were previously sentenced to terms ranging from 38-189 months in federal prison. Four others have also been convicted and are pending sentencing.
The case was the result of a nearly three-year Organized Crime Drug Enforcement Task Force investigation lead by the Drug Enforcement Administration with the assistance of Internal Revenue Service-Criminal Investigation; Homeland Security Investigations; Bureau of Alcohol, Tobacco, Firearms and Explosives; FBI; Sheriff’s Offices in Cameron and Zapata Counties; Hildalgo County High Intensity Drug Trafficking Area task force; Border Patrol and the Brownsville Police Department. Assistant U.S. Attorney Angel Castro is prosecuting the case.
Harrison Man Sentenced to Three Years for Possession of Child PornographyRead the Press Release
Contact: Julia M. Lipez
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced that Wayne Pike, 38, of Harrison, Maine, was sentenced today in U.S. District Court by Judge George Z. Singal to three years in prison and 10 years of supervised release for possession of child pornography. He also was ordered to pay $10,320 in restitution to victims of the offense. He pleaded guilty to the charges on May 28, 2015.
Court records reveal that in July 2014, investigators with the Maine State Police Computer Crimes Unit (“MSPCCU”) downloaded via a peer-to-peer file sharing program hundreds of images that depicted minors engaged in sexually explicit activity. Investigators determined that the files were being made available by a computer at a home in Harrison where Pike was living. On October 10, 2014, investigators conducted a search warrant at the home, and found multiple electronic devices that contained child pornographic images. Pike claimed ownership of the devices and admitted that he was responsible for possessing the images the investigators found.
This case was investigated by the MSPCCU and the U.S. Secret Service.
Happy Valley Woman Sentenced for Insurance FraudRead the Press Release
PORTLAND, Ore. – The former owner of a local auto business was sentenced yesterday to 51 months in prison for a scheme that defrauded two insurance companies and netted her $200,000. Lisa Ephrem, 40, of Happy Valley, pleaded guilty in February to mail fraud and aggravated identity theft.
Beginning in 2011, Ephrem obtained group life insurance policies for fictitious employees of her wholesale automobile business, Carr City, located in Portland, Oregon. Ephrem provided false information to the insurance company victims – Standard Insurance Company and LifeMap Assurance Company – claiming that certain people were employees, when in fact they were not. Shortly after the issuance of the policies, Ephrem submitted life insurance claims for the death of six purported employees. Between January 2012, and May 2012, Ephrem submitted eight life insurance claims to Standard and LifeMap totaling $660,000. Standard and LifeMap each paid $100,000 for the death of one purported employee, but denied subsequent claims.
Standard and LifeMap conducted internal investigations and determined that Ephrem had lied (the people were real, and had in fact died, but had not been Carr City employees), and contacted federal investigators. Despite the results of Standard’s and LifeMap’s internal investigations that determined Ephrem’s claims were fraudulent, Ephrem persisted and filed civil lawsuits against both insurance companies seeking payment for the claims. Those lawsuits were eventually dismissed, but cost Standard and Lifemap more than $150,000 in costs and attorney fees.
In sentencing Ephrem to the high end of the sentencing guideline range, U.S. District Judge Michael Mosman noted Ephrem’s extensive criminal history which included bank fraud, and told her she was a grown woman who had “free rein” with her criminal tendencies. He also ordered Ephrem to pay more than $280,000 to Standard and LifeMap for restitution.
Ephrem was ordered to surrender to the Bureau of Prisons by December 17, 2015.
The case was investigated by the FBI and the Social Security Administration Office of the Inspector General. The case was prosecuted by Special Assistant United States Attorney Helen Cooper as part of a partnership venture between the Seattle Region, SSA Office of the General Counsel and the U.S. Attorney’s Office in Portland, Oregon.
Former Staff Mentor at Florida Keys Children’s Shelter Convicted of Child Sex TraffickingRead the Press Release
A former staff mentor at the Florida Keys Children’s Shelter, a residential facility in Tavernier, Florida, was convicted today of child sex trafficking, following a three-week jury trial before United States District Court Judge Marcia G. Cooke.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
Ricky Jermaine Atkins, 29, of Key Largo, was found guilty of one count of conspiracy to engage in the sex trafficking of minors, in violation of Title 18, United States Code, Section 1594(c), and two counts of sex trafficking of minors, in violation of Title 18, United States Code, Section 1591(a)(1). Atkins is scheduled to be sentenced on January 27, 2016.
Atkins’ co-defendant, Sandra Simon, 24, of Homestead, previously pled guilty to one count of sex trafficking of a minor, in violation of Title 18, United States Code, Section 1591. Simon’s sentencing is scheduled for November 20, 2015.
According to evidence presented at trial, since 2011, Atkins worked overnight shifts as a staff mentor at the Florida Keys Children’s Shelter, a residential facility in Tavernier. While working as a staff mentor, Atkins arranged for two of the minor shelter residents, girls aged fifteen and sixteen, to be brought from Tavernier to a hotel in Cutler Bay, where Simon supervised their prostitution. On the night of August 15, 2014, Atkins personally transported the minor victims from Tavernier to an apartment in Homestead where he introduced the teenagers to several of his adult associates. Atkins arranged for one of the minors to have sex with three of the adults to prepare her for prostitution. Atkins then transported both minor victims to Cutler Bay, where he left them with Simon to be sold for sex. Text messages between Simon and Atkins revealed that, on the same day that the victims were trafficked, Simon had pled guilty in state court to procuring a minor for prostitution and had been sentenced to probation.
Evidence presented at trial further established that Atkins collected money earned from the minor victims’ acts of prostitution. Atkins also delivered to Simon a cellular phone and other items intended to facilitate the prostitution of the minor victims.
During the trial, testimony was presented that Atkins simultaneously prostituted an 18-year-old woman he had met while she was a minor child living at the shelter.
Atkins was originally arrested by state authorities in Monroe County on September 9, 2014, and charged with interference with the custody of a minor, before being released on bond. On December 9, 2014, a federal grand jury indicted Atkins on federal trafficking charges.
Mr. Ferrer thanked the FBI, City of Miami Police Department, Monroe County Sherriff’s Office, Sunny Isles Beach Police Department, North Port Police Department and Miami-Dade Police Department for their work on this case. The case is being prosecuted by Assistant U.S. Attorneys Seth M. Schlessinger and Elina A. Rubin-Smith.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Former NMMI Cadet Arrested in California on Federal Child Pornography Charges Filed in New MexicoRead the Press Release
ALBUQUERQUE – Josh Williams, 20, of Lakeside, Calif., was arrested on Nov. 4, 2015, in Lakeside, Calif., on a criminal complaint alleging child pornography charges that was filed on Oct. 27, 2015, in federal court in Las Cruces, N.M. Williams is scheduled to make his initial appearance on the criminal complaint this morning in the U.S. District Court in the Southern District of California in San Diego, Calif. During today’s proceeding, the court will address the process by which Williams will be transported from California to Las Cruces to face the charges against him.
The criminal complaint charges Williams with distribution, possession and attempted production of child pornography. It alleges that Williams committed these offenses in May 2015 in Roswell, N.M. At the time, Williams was enrolled as a cadet at the New Mexico Military Institute (NMMI).
According to the criminal complaint, the investigation into Williams began in Aug. 2014, when a father and minor child disclosed to the FBI that the child had been self-producing child pornography and sharing it with others by way of an internet chat room. The father surrendered the child’s cellular phone to the FBI and the FBI found it to contain alleged child pornography that had been shared with a specific account identified by a particular username.
Subsequent investigation revealed that Williams, then a NMMI cadet, was the alleged subscriber to aforementioned account and search warrants were obtained for Williams’ computers, cellphone and other digital media. Forensic examinations of Williams’ computer and cellphone allegedly revealed that they contained videos and images consistent with child pornography.
If convicted, Williams faces the following penalties for the crimes charged in the criminal complaint: distribution of child pornography – a mandatory minimum of five years and a maximum of 20 years in prison; possession of child pornography – a maximum of ten years in prison; and attempted production of child pornography – a maximum of 30 years in prison. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Roswell office of the FBI, New Mexico State Police, New Mexico Internet Crimes Against Children (ICAC) Task Force and the New Mexico Regional Computer Forensic Laboratory with assistance from the FBI in San Diego, Calif., and the U.S. Attorney’s Office for the Southern District of California. Assistant U.S. Attorney Marisa A. Lizarraga of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
The case is brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The case also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 80 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Office of the Attorney General. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Former Financial Assistant of Architectural Firm Sentenced for ForgeryRead the Press Release
NORFOLK, Va. – Katherine Albert-McNaughton, 37, of Virginia Beach, was sentenced today to 30 months in prison, followed by 3 years of supervised release, for forging securities and engaging in monetary transactions in criminally derived property. She was also ordered to make restitution in the amount of $470,352.39.
Albert-McNaughton pleaded guilty on May 12, 2015. According to court documents, Albert-McNaughton was employed as a financial assistant by HBA Architecture & Interior Design, Inc., a business located in Virginia Beach. Between October 2011 and June 2014, Albert-McNaughton forged the signature of a principal of HBA Architecture & Interior Design, Inc. on 83 company checks, totaling $469,831.89. She deposited all of the forged checks into bank accounts that she maintained and used the money for her own personal benefit, including vacations, shopping, plane tickets, photography, and the purchase of vehicles, concert and professional football tickets.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia, and Douglas F. Mease, Special Agent in Charge of the U.S. Secret Service’s Richmond Field Office, made the announcement after sentencing by U.S. District Judge Arenda L. Wright-Allen. Assistant U.S. Attorney Alan M. Salsbury prosecuted the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:15cr31.
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Former Employee of Albuquerque Half-Way House Arrested on Federal Sexual Abuse ChargesRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez and Special Agent in Charge Monte A. Cason of the Department of Justice Office of Inspector General, Dallas Field Office, announced the arrest of Eric Trujillo, 35, of Albuquerque, N.M., on federal sexual abuse charges.
Trujillo was arrested last night on an indictment charging him with sexually abusing four female inmates living at a half-way house in Bernalillo County, N.M., that provides lodging and other services for federal inmates under a contract with the U.S. Bureau of Prisons. Trujillo made his initial appearance in federal court this morning and remains in custody pending an arraignment and a detention hearing which are scheduled for Nov. 9, 2015.
The seven-count indictment alleges that Trujillo sexually abused the four victims between June 2012 and March 2014. During that time, Trujillo was employed as a Resident Monitor by the half-way house.
Count 1 of the indictment alleges Trujillo forced a victim identified as Jane Doe 1 to engage in a sexual act in March 2014. Counts 2 through 4 allege that between Dec. 2013 and March 2014, Trujillo engaged in sexual acts with Jane Doe 1 by threatening her and placing her in fear. Count 5 alleges that in June 2012, Trujillo engaged in a sexual act with a victim identified as Jane Doe 2 at a time when she was physically incapable of declining to participate in the sexual act. Counts 6 and 7 charge Trujillo with engaging in sexual acts with two victims identified as Jane Doe 3 and Jane Doe 4 at times when they were in official detention and under Trujillo’s authority. Trujillo allegedly victimized Jane Doe 3 between Aug. 2012 and Nov. 2012, and Jane Doe 4 in Nov. 2012.
If convicted on Counts 1 through 5, Trujillo faces a statutory maximum penalty of life imprisonment. If convicted on Counts 6 and 7, he faces a statutory maximum penalty of 15 years in prison. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Dallas Field Office of the Department of Justice Office of Inspector General with assistance from the Albuquerque Police Department. Assistant U.S. Attorney Novaline D. Wilson is prosecuting the case.
trujillo_indictment.pdf (563.73 KB)
Former Colombian Paramilitary Leader Sentenced to More than 16 Years in Prison for International Drug TraffickingRead the Press Release
A former high-ranking paramilitary leader in the Autodefensas Unidas de Colombia (AUC or the United Self Defense Forces of Colombia) was sentenced to 198 months in U.S. federal prison today for conspiring to import into the United States and distribute ton-quantities of cocaine, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and Acting Administrator Chuck Rosenberg of the U.S. Drug Enforcement Administration (DEA).
“Rodrigo Tovar-Pupo funded his violent and dangerous paramilitary organization by reaping the profits of manufacturing and shipping thousands of kilograms of cocaine into the United States,” said Assistant Attorney General Caldwell. “His actions did untold damage to the United States and Colombia. This case demonstrates our continued commitment to work closely with our international partners to stem the flow of the international drug trade.”
“The sentence reflects our unwavering commitment to bring to justice leaders of the AUC and other narco-terrorist organizations throughout the world,” said Acting Administrator Rosenberg. “Many terror regimes use drug trafficking profits to expand their global influence. As a top-level AUC commander, Tovar-Pupo led a huge drug trafficking enterprise, overseeing maritime cocaine shipments destined for the United States and other parts of the world. I am proud of the dedicated men and women throughout DEA who have worked tirelessly to bring him to justice.”
Rodrigo Tovar-Pupo, also known as “Jorge 40,” 54, formerly of Barranquilla, Colombia, pleaded guilty in July 2009 to one count of conspiracy to distribute five kilograms or more of cocaine, knowing and intending that it would be imported into the United States, and was sentenced today by U.S. District Judge Reggie B. Walton of the District of Columbia. Tovar-Pupo was also ordered to pay a $25,000 fine and to five years of supervised release following his prison sentence.
According to court documents and proceedings, including admissions in connection with his guilty plea and additional testimony, Tovar-Pupo became a member of a paramilitary group in 1996 that later merged with other Colombian paramilitary groups to form the AUC. The AUC was designated a foreign terrorist organization by the U.S. Department of State in September 2001. The AUC was removed from the State Department’s list of foreign terrorist organizations in July 2014. In May 2003, the AUC was placed on the Significant Foreign Narcotics Traffickers list by order of the president, pursuant to the Foreign Narcotics Kingpin Designation Act. Court documents reflect that the AUC was organized into blocs (or regions) with each bloc having a commander who controlled large areas in Colombia where cocaine was produced.
According to admissions made in connection with his plea agreement and during other court proceedings, Tovar-Pupo quickly became a top-level commander in the AUC, and his forces controlled all aspects of cocaine production and transportation in his region, which included the north coast of Colombia. Tovar-Pupo’s organization and its operations were funded through “taxes” he imposed on cocaine manufacturers and traffickers in his region. In exchange, Tovar-Pupo provided protection and security for the manufacturers and traffickers, including securing coastal areas where cocaine was loaded onto vessels for shipment to the United States and elsewhere. Tovar-Pupo knew that shipments of large quantities of cocaine, amounting to more than 1,500 kilograms, were manufactured in and transited through his region, and that much of the cocaine was transported to the United States.
Tovar-Pupo was arrested in Colombia based on a provisional arrest warrant and extradited to the United States on May 13, 2008, along with 13 other fugitives.
Today’s sentence for violations of U.S. drug trafficking laws does not account for any violations of Colombian human rights-related laws allegedly committed by Tovar-Pupo in Colombia, which are being addressed in Colombia through the Justice and Peace process—a legal framework enacted in Colombia in 2005 to facilitate the demobilization of its paramilitary organizations—and the Colombian criminal justice system.
The case was investigated by the Department of Justice’s Organized Crime Drug Trafficking Task Forces program, led by DEA’s Bogotá and Cartagena, Colombia, Country Offices, and the DEA Special Operations Division. The DEA worked in partnership with the Judicial Police of the Prosecutor General’s Office in Colombia and the Colombian National Police.
The case is being prosecuted by Trial Attorney Paul W. Laymon of the Criminal Division’s Narcotic and Dangerous Drug Section (NDDS), with significant assistance from NDDS’ Judicial Attachés in Bogotá, Colombia, the Criminal Division’s Office of International Affairs, and the Prosecutor General’s Office of the Republic of Colombia (Fiscalia), including the Fiscalia’s Transitional Justice program.
Former CEO of $3 Billion TierOne Bank Convicted for Orchestrating Scheme to Hide More than $100 Million in Losses from Shareholders and RegulatorsRead the Press Release
The former CEO of TierOne Bank, a $3 billion publicly traded commercial bank formerly headquartered in Lincoln, Nebraska, was convicted by a federal jury today for orchestrating a scheme to defraud TierOne’s shareholders and to mislead regulators by concealing more than $100 million in losses on loans and declining real estate.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, Special Agent in Charge Thomas R. Metz of the FBI’s Omaha, Nebraska, Division and Special Inspector General for the Troubled Asset Relief Program (SIGTARP) Christy Goldsmith Romero made the announcement.
After a two-week trial, a jury in the District of Nebraska found the former CEO, Gilbert G. Lundstrom, 74, of Lincoln, guilty on 12 of 13 counts, including charges of conspiracy to commit wire fraud and securities fraud, conspiracy to falsify bank entries, wire fraud, securities fraud and falsifying bank entries. In 2014, co-conspirators James Laphen, TierOne’s former president and chief operating officer, and Don Langford, TierOne’s former chief credit officer, pleaded guilty to multiple felonies in connection with their participation in the scheme.
Evidence at trial showed that Lundstrom was the architect of an aggressive strategy to expand the bank’s portfolio beyond traditional lending in Nebraska to riskier areas like commercial real estate in Las Vegas. Once the financial crisis hit, Lundstrom’s bet on real estate in riskier areas decimated the bank. Lundstrom and his co-conspirators then intentionally concealed massive losses – more than $100 million – in TierOne’s loan and real estate portfolio from investors and regulators and provided inflated figures in its required reports to the U.S. Securities and Exchange Commission (SEC) and the Office of Thrift Supervision (OTS). In April 2009, Lundstrom and his co-conspirators learned that TierOne needed to increase its reserves and Loan Loss Allowance by between $34 million and $114 million, but concealed this information from shareholders and regulators in TierOne’s financial statements. In addition, during TierOne’s annual shareholder meeting held on May 21, 2009, the evidence showed that Lundstrom misrepresented the state of TierOne’s capital ratios and reserves and whether TierOne had applied for TARP funding.
In June 2010, following TierOne’s ultimate disclosure of $120 million in loan losses and its subsequent delisting from the NASDAQ exchange, TierOne was shut down by the Federal Deposit Insurance Corporation. At the time of the closure, TierOne had more than 750 employees working at TierOne’s headquarters in Lincoln and at its 69 branch offices located in Nebraska, Iowa and Kansas.
The case was investigated by the FBI’s Omaha Division and SIGTARP. The SEC also provided substantial assistance in the investigation. The case was prosecuted by Trial Attorneys Henry P. Van Dyck and L. Rush Atkinson and Senior Deputy Chief Sandra Moser of the Criminal Division’s Fraud Section.
Former Attorney Indicted in Ponzi SchemeRead 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 a federal grand jury has returned an indictment charging James A. MacCallum, 44, of Bemus Point, NY, with mail fraud. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Michael DiGiacomo, who is handling the case, stated that according to the indictment, between January 2008 and December 2010, the defendant, a practicing attorney at the time, devised a scheme to defraud investors out of approximately $3,400,000. As part of the scheme, MacCallum encouraged some victims to liquidate other investments in order to benefit from his false and fraudulent higher rates of return. The defendant claimed that his investments were secured by real estate and life insurance policies. However, the investigation determined that the defendant was using victim investments to pay back earlier investors and also personal and other expenses such as personal travel and office expenses. According to the indictment, MacCallum received approximately $3,423,737.00 from victim investors.
The defendant was arraigned today before U.S. Magistrate Judge Jeremiah J. McCarthy and was released on bond.
The indictment is the result of/culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen and the Chautauqua County District Attorney’s Office, under the direction of David Foley.
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.
Five Former Owners of a Kentucky Clinical Laboratory Indicted for Health Care FraudRead the Press Release
LEXINGTON — A federal grand jury has returned a 100-count indictment charging five men, who owned a clinical laboratory, with billing health care third-party payors for urine drug tests that were medically unnecessary and not eligible for reimbursement.
On Thursday, a federal grand jury returned an indictment charging Dr. Robin G. Peavler, 54, of Lexington, Ky., Dr. Bryan S. Wood, 48, of Danville, Ky., and Dr. Robert L. Bertram, 47, James W. Bottom, 62, Brian C. Walters, 43, all of Russell Springs, Ky., with one count of conspiracy to commit health care fraud and 99 counts of health care fraud. The alleged conduct was part of a scheme to defraud Medicare, Medicaid, Anthem BlueCross BlueShield, Bluegrass Family Health, and others.
Beginning around December 2010, as alleged in the indictment, the defendants agreed to collect thousands of urine samples for testing at PremierTox, a clinical lab formerly owned by the defendants, which lacked the ability to perform quantitative drug tests on such a high volume of samples.
PremierTox allegedly froze the samples, at a lab in Russell Springs, Ky., and didn’t perform the tests until up to ten months later, knowing that the results were no longer relevant to the treatment of the patients. According to the indictment, the defendants submitted claims to Medicare, Medicaid and private insurers, and were reimbursed thousands of dollars for these unnecessary tests.
Kerry B. Harvey, U.S. Attorney for the Eastern District of Kentucky; Derrick Jackson, Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General, Atlanta Region; and Jack Conway, Kentucky Attorney General, jointly made the announcement today.
The investigation was conducted by the U.S. Department of Health and Human Services, Office of Inspector General, and the Office of the Kentucky Attorney General’s Medicaid Fraud and Abuse Control Unit. Assistant U.S. Attorney Kate K. Smith is prosecuting this case on behalf of the federal government.
The defendants are scheduled to appear in court on December 1, 2015 at 1:30 p.m. If convicted, the defendants face a maximum of ten years in prison. Any sentence following a conviction, however, would be imposed after the Court considers the U.S. Sentencing Guidelines and the applicable federal statutes.
An indictment is an allegation only. All defendants are presumed innocent and are entitled to a fair trial, at which the government must prove their guilt beyond a reasonable doubt.
Federal Officials Close the Investigation into the Death of Anastasio Hernandez-RojasRead the Press Release
The Justice Department announced today that following a comprehensive investigation it will not pursue federal criminal civil rights or other federal charges against the federal agents involved in the in-custody altercation that resulted in the death of Mexican national Anastasio Hernandez-Rojas.
Officials from the Department of Justice’s Civil Rights Division, the FBI and the Department of Homeland Security’s Office of the Inspector General (DHS-OIG) met today with Hernandez-Rojas’ family members and their representatives to inform them of this determination. The department’s decision is based on the facts developed during an independent and comprehensive investigation into this matter.
The department devoted significant time and resources to investigating the events surrounding Hernandez-Rojas’ death on May 31, 2010, three days after he was taken into custody at the San Ysidro Port of Entry in San Diego, California. A team of experienced federal prosecutors reviewed hundreds of pages of evidence generated by San Diego Police Department Homicide investigators. Federal agents and the Civil Rights Division then initiated an independent federal investigation into the incident, which included numerous witness interviews and visits to the scene. The evidence generated during the federal investigation included videos of the incident, federal law enforcement witness accounts, Mexican law enforcement witness accounts, civilian witness accounts, medical personnel accounts, medical records, autopsy reports, official use of force training materials and forensic evidence.
The evidence developed during the investigation indicated that when Hernandez-Rojas’ handcuffs were removed at the San Ysidro Port of Entry, Hernandez-Rojas began grappling with the two U.S. Border Patrol (USBP) agents and then resisted their efforts to restrain him. Two Immigration and Customs Enforcement (ICE) agents, as well as another USBP agent, joined the struggle and struck Hernandez-Rojas several times with their asp batons. The agents again secured Hernandez-Rojas in handcuffs, but he continued to struggle and kick at the agents. The agents called for backup and a transport vehicle to take Hernandez-Rojas for processing since he was no longer eligible for voluntary return due to the struggle. As agents attempted to place Hernandez-Rojas in the transport van to take him back to the station, he again physically resisted and attempted to kick the agents. A number of Customs and Border Protection (CBP) officers responded to the scene, one of whom shocked Hernandez-Rojas with a taser. Hernandez-Rojas stopped resisting and the agents restrained his legs. Shortly thereafter, Hernandez-Rojas’ breathing slowed and he became unresponsive. The CBP officers administered CPR until medical personnel arrived at the scene. Hernandez-Rojas was pronounced dead two days later after being removed from life support.
Subsequent autopsies concluded that Hernandez-Rojas died of an acute myocardial infarction (heart attack) while being restrained. Acute methamphetamine intoxication, pre-existing heart disease, the level of physical exertion during the struggle, the electro-shocks from the taser and positional restraint were stated as contributory factors in Hernandez-Rojas’ death. The medical examiner stated further that Hernandez-Rojas would not have died had there not been methamphetamine intoxication.
After a careful and thorough review, a team of experienced federal prosecutors determined that the evidence was insufficient to pursue federal criminal civil rights charges. Under the applicable federal criminal civil rights law, prosecutors must establish, beyond a reasonable doubt, that an official willfully deprived an individual of a constitutional right, meaning that the official acted with the deliberate and specific intent to do something the law forbids. This is the highest standard of intent imposed by the law. Neither accident, mistake, fear, negligence nor bad judgment is sufficient to establish a federal criminal civil rights violation. In the present matter, the federal government could not prove beyond a reasonable doubt that the subjects acted willfully, that is with the specific intent to deprive the victim of a constitutional right. Specifically, the federal government cannot disprove the agents’ claim that they used reasonable force in an attempt to subdue and restrain a combative detainee so that he could be placed inside a transport vehicle.
The federal government is also unable to prove, beyond a reasonable doubt, that the subjects violated the federal homicide statutes within the Special Maritime and Territorial Jurisdiction of the United States. Although positional restraint of Hernandez-Rojas and electro-shocks from the taser were contributory factors in his death, there is no evidence that any of the federal agents deployed the taser or restrained Hernandez-Rojas with malice. Nor is there sufficient evidence to establish that the federal agents’ conduct violated the federal manslaughter statute, which does not require malice but requires that the federal agents committed a lawful act in an unlawful manner, or without due caution and circumspection, that might produce death. Rather, the federal agents’ restraint and deployment of the taser against Hernandez-Rojas when he was non-compliant and physically assaultive was not unlawful and, based on the evidence gathered relating to the federal agents’ use of force training, the federal agents’ action were not done without due caution and circumspection.
While the loss of life is regrettable, the facts of this matter do not support a federal prosecution. Accordingly, the investigation into this incident has been closed.
Federal Jury Convicts Ohio Man in Sex Trafficking Ring Involving Minors Brought to Chicago from IowaRead the Press Release
CHICAGO — An Ohio man was convicted yesterday for his role in a sex trafficking conspiracy involving minor girls who were transported to Chicago from Iowa to engage in prostitution.
WILLIE WOODS, 44, of Toledo, Ohio, helped transport the minor girls from Iowa City in 2012. Once in Chicago, Woods and his co-conspirators forced the girls to engage in prostitution. At the time, one victim was 14 years old and the two other victims were each 16 years old.
After a seven-day trial in federal court in Chicago, the jury convicted Woods on one count of sex trafficking conspiracy; three counts of sex trafficking of minors by force, fraud or coercion; one count of transporting minors to engage in prostitution; and one count of obstruction of justice.
The counts for sex trafficking of minors by force, fraud, or coercion are punishable by a mandatory minimum of fifteen years in prison to life and the transportation count is punishable by a mandatory minimum of ten years in prison to life. U.S. District Judge Sharon Johnson Coleman will schedule a sentencing hearing at a later date.
Woods is among three defendants charged in the case. MALIK McKEE and his sister, SHUNTINA McKEE, both of Iowa City, previously pleaded guilty to one count of sex trafficking conspiracy. Judge Coleman sentenced Malik McKee to 102 months in prison, plus restitution of $6,000. Shuntina McKee is awaiting sentencing.
Evidence at Woods’ trial revealed that the defendants forced the minor girls to engage in prostitution in Iowa and Chicago. The defendants took photographs of the minors and used them in advertisements on websites, including Backpage.com. When a prospective “date” responded to the advertisement, the defendants arranged the meeting and then pocketed the proceeds.
The three minor girls testified at trial about their ordeals. The girls described the defendants’ violent and abusive acts, which included using power and coercion to force the girls to perform sex acts for money. One of the girls testified that Woods starved her by withholding food until she would submit to his demands to engage in prostitution.
The conviction was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; Michael J. Anderson, Special Agent in Charge of the Chicago Office of the Federal Bureau of Investigation; and Garry F. McCarthy, Superintendent of the Chicago Police Department. The FBI and Chicago Police conducted the investigation, in coordination with the Cook County Human Trafficking Task Force. Federal prosecutors and law enforcement authorities in the Southern District of Iowa and the Northern District of Ohio also provided assistance.
The government is represented by Assistant United States Attorneys Megan Cunniff Church and Bethany Biesenthal.
East St. Louis Man Sentenced for Firearm OffenseRead the Press Release
The United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced that Trymaine Davis, 26, of East Saint Louis, Illinois, was sentenced on Friday, November 6, 2015, in federal district court, for unlawful possession of a firearm by a previously convicted felon. Davis received a sentence of 21 months in prison, to be followed by 3 years of supervised release, a $100 special assessment, and a fine of $250.
Court documents established that on June 5, 2014, Davis was stopped by Illinois State Police for a traffic infraction. As officers approached Davis’ vehicle, they observed a handgun in plain sight in the car’s center console, which was later determined to be a loaded .38 caliber handgun. Davis later admitted to possessing the gun, and to his previous felony conviction.
The case was investigated by the Illinois State Police, the Metropolitan Enforcement Group of Southwestern Illinois, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted by Special Assistant United States Attorney Shane B. Kelbley.
East Alton Man Pleads Guilty to Methamphetamine and Obstruction of Justice ChargesRead the Press Release
The United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today that George W. Holliday, Sr., 46, of East Alton, IL, entered pleas of guilty on November 5, 2015 in U.S. District Court in Benton, IL, to federal charges of Conspiracy to Distribute Methamphetamine, Attempted Distribution of Methamphetamine, and Obstruction of Justice.
Holliday is scheduled to be sentenced in Benton on March 1, 2016. Holliday faces a maximum possible sentence of 20 years imprisonment on each of the three federal charges, as well as a fine of not more than $1 million, and a term of not less than 3 years of supervised release upon release from prison.
At his change of plea hearing, Holliday admitted that he and co-defendant James E. Bailey, Jr., had attempted to deliver methamphetamine to a woman in Pocahontas, IL, on November 22, 2014. Holliday also admitted that when Glen Carbon police officers attempted to stop the car he was driving, Holliday instructed Bailey to hide a handgun beneath the seat cushions in the backseat of the car.
Bailey pled guilty to methamphetamine and firearms offenses in federal court on October 2, 2015. He will be sentenced in Benton on January 5, 2016.
The investigation which resulted in the conviction of Holliday and Bailey was conducted by the Glen Carbon Police Department.
The case is assigned to Assistant United States Attorney Robert L. Garrison.
Downey Man Pleads Guilty to Falsely Certifying Beef as Free of E. coliRead the Press Release
LOS ANGELES – A Downey man who falsely certified that beef being sold by his employer was free of E. coli bacteria – which later proved to be false when one beef sample was found to be contaminated with the pathogen – has pleaded guilty to a federal offense of making and using a false writing and document.
Jim Johnson, 67, who worked as a consultant to the now-defunct Huntington Meat Packing Company, pleaded guilty to the felony offense Monday afternoon in United States District Court.
Huntington Meat was a Montebello-based meat processing and distribution company that sold raw ground beef that was used by other companies to make products such as beef patties and burrito mix. Under a food safety plan approved by the United States Department of Agriculture, Huntington Meat was required to test its meat for the Escherichia coli 0157:H7 bacterium
When he pleaded guilty earlier this week, Johnson admitted that in 2010 he knowingly and willfully provided the USDA’s Food Safety Inspection Service (FSIS) with a fake Certificate of Analysis which falsely stated that a beef sample from the company had tested negative for E. coli. Subsequent lab results showed that some of this meat was contaminated with E. coli. – which prompted the FSIS to issue recall 864,000 pounds of meat (see: http://go.usa.gov/crQ7H). There were no illnesses linked to the recalled beef.
“The defendant’s lie created a public health hazard, and such conduct will not be tolerated,” said United States Attorney Eileen M. Decker. “The public is entitled to have confidence in the food that makes it to its tables. The Department of Justice will continue to prosecute aggressively those whose conduct undermines that confidence.”
As a result of his guilty plea, Johnson faces a statutory maximum sentence of five years in federal prison when he is sentenced by United States District Judge Fernando M. Olguin on March 3.
The case against Johnson is the product of an investigation by the U.S. Department of Agriculture, Office of Inspector General, which received assistance from the U.S. Department of Agriculture’s Food Safety and Inspection Service.
Convicted Former Parole Officer Sentenced for Accepting Money from a Parolee Under Her SupervisionRead the Press Release
DALLAS — Breanna Polk, 32, of Dallas, was sentenced today by U.S. District Judge Jane J. Boyle to six months in federal prison, following her guilty plea in June 2015 to one count of honest services wire fraud, announced U.S. Attorney John Parker of the Northern District of Texas.
Polk, who has been on bond, must surrender to the Bureau of Prisons on January 6, 2016.
According to plea documents filed in the case, on August 2, 2007, a parolee with the Texas Department of Criminal Justice (TDCJ) reported to his parole officer, Polk, at the Garland, Texas, parole office. Polk advised the individual she planned to take a trip to Florida to celebrate her birthday. The parolee left approximately $500 on Polk’s desk. On at least two other occasions between August 2007 and March 2010, the same individual paid more than $500 to receive favorable treatment from Polk concerning the conditions of his parole.
In March 2010, the parolee absconded to Mexico to avoid DEA law enforcement in connection with his illegal drug distribution. The parolee paid Polk $2,000 to assist him in avoiding law enforcement by indicating he reported to parole, when he had not. Additionally, Polk agreed to check for any arrest warrants and notify the parolee if he had an active arrest warrant. On June 8, 2010, Polk conducted a search on a National Crime Information Center (NCIC) database to determine if the parolee had an active arrest warrant; Polk transmitted the search by means of a wire communication.
The FBI and the TDCJ – Office of the Inspector General investigated the case. Assistant U.S. Attorney Katherine Pfeifle was in charge of the prosecution.
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Convicted Felon Detained After Allegedly Stealing Six FirearmsRead the Press Release
PROVIDENCE, R.I. – Anthony Jenkins, 51, of Providence, has been ordered detained in federal custody following his initial appearance in federal court in Providence on Thursday on a criminal complaint charging him with being a felon in possession of a firearm and possession of stolen firearms. Jenkins was arrested by members of an ATF task force moments after he allegedly stole six firearms from a garage in Cranston.
Jenkins’ arrest is announced by United States Attorney Peter F. Neronha and Daniel J. Kumor, Special Agent in Charge of the Boston Field Division of ATF.
According to court documents and information presented to the court, members of the ATF task force became aware of Jenkins alleged plans to steal the firearms and to sell some of them. Jenkins was apprehended by members of the task force immediately after he allegedly stole the guns. When apprehended, Jenkins allegedly had six firearms and ammunition in his possession.
According to court records and information presented to the court, Jenkins’ criminal history includes at least 13 felony convictions, including drug trafficking, robbery and assault.
A criminal complaint is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
The case is being prosecuted by Assistant U.S. Attorney Milind M. Shah.
The ATF Task Force consists of agents and officers from ATF; Providence, Cranston and Central Falls Police Departments; and the Special Investigations Unit at the Rhode Island Department of Corrections.
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California Man Indictment on Drug and Money Laundering ChargesRead 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 a federal grand jury has returned a two count indictment charging Jose Manuel Lua-Guizar, 25, of California, with conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine and money laundering conspiracy. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life and a $10,000,000 fine.
Assistant U.S. Attorneys Michael J. Adler and Timothy C. Lynch, who are handling the case, stated that according to the indictment, between February 2014 and December 10, 2014, the defendant conspired with others to distribute cocaine in the Buffalo area. In addition, between April 2014 and December 10, 2014, Lua-Guizar conspired with others to funnel the proceeds of the drug trafficking activity from Buffalo to California. The indictment alleges that the defendant and co-conspirators funneled a total of $1,049,270.00.
Lua-Guizar will be arraigned at a later date.
The indictment is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, and the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge. Additional assistance was provided by ICE-HSI in Los Angeles, California.
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.Buffalo Man Pleads Guilty to Distributing OxymorphoneRead 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 Vincent Sawicki, 63, of Buffalo, NY, pleaded guilty to distribution of oxymorphone, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that on April 11, 2011, the defendant sold 40 Opana tablets to an undercover officer at 2175 South Park Avenue in Buffalo. On one occasion the previous month, the defendant sold 70 oxycodone tablets to an individual at the defendant’s residence.
The plea is the result of an investigation on the part of the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division.
Sentencing is scheduled for February 16, 2016, at 1:00 p.m. before Judge Arcara.
Brothers Sentenced for Leading Bank Fraud and Identity Theft SchemeRead the Press Release
ALEXANDRIA, Va. – Ray Ekobena, 27, of Alexandria, and his brother, Stefan Ekobena, 24, of Atlanta, were sentenced today for leading a five-year check fraud and identity theft conspiracy. Co-conspirator Rodney Hardy, 25, of Hyattsville, Maryland, was also sentenced today for his role in the scheme.
“Ekobena ran a check fraud scheme that lasted for five years,” said U.S. Attorney Dana J. Boente. “Ever the entrepreneur, Ekobena launched additional schemes at the same time, including his elaborate plot to steal hundreds of thousands of dollars from a children’s hospital. Along the way he and his crew victimized hundreds of individuals, charities, small businesses, and financial institutions. I want to commend our prosecutors and investigative partners for a job well done in bringing these criminals to justice.”
According to statements of fact filed with the plea agreements, Ray Ekobena and his younger brother, Stefan Ekobena, printed fraudulent checks using victims’ bank account information. The Ekobenas’ obtained this information by enlisting bank tellers and other insiders who had access to sensitive personal information through their employment. Co-conspirators such as Rodney Hardy, Jerome Johnson, Gani Cole, Deallto Davis and Alan Lamin furthered the conspiracy by depositing the fraudulent checks into bank accounts under false names and withdrawing the resulting funds before the banks discovered the fraud. Ray Ekobena also obtained loans in the names of his identity theft victims to buy luxury vehicles including a Bentley, Mercedes-Benz, Porsche, Audi, and a tractor-trailer.
“The Ekobena brothers and their co-conspirators targeted individuals, charities, and businesses in a criminal scheme to fraudulently obtain and exploit personal information for their own selfish financial gain,” said Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Office. “The FBI, together with our local, state, and federal law enforcement partners, will continue to relentlessly pursue and bring to justice those who engage in identity theft and victimize innocent people, financially or otherwise.”
In total, the conspiracies victimized over 200 individuals and caused an actual loss amount of $712,231, and an intended loss amount of over $1.25 million. Victims include well-known small businesses and charities, including the Leukemia & Lymphoma Society and the Children’s National Medical Center.
“The suspects in this scheme fraudulently used the mail to prey upon innocent victims and charities,” said David G. Bowers, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service (USPIS). “Postal Inspectors, with the support of partnering federal and local law enforcement agencies, worked aggressively to dismantle this scheme and bring these individuals to justice.”
Name
Age
Hometown
Sentencing Details
Ray Ekobena
27
Alexandria
Sentenced today to 104 months in prison followed by three years of supervised release. Ordered to forfeit $712,231.22 and pay that amount in restitution.
Stefan Ekobena
24
Atlanta, Georgia
Sentenced today to 66 months in prison followed by three years of supervised release. Ordered to forfeit $199,808.29 and pay that amount in restitution.
Rodney Hardy
25
Hyattsville, Maryland
Sentenced today to 30 months in prison followed by three years of supervised release. Ordered to forfeit $20,618.41 and pay that amount in restitution.
Jerome Johnson
32
Washington, D.C.
Sentencing scheduled for Dec. 4, 2015
Deallto Davis
20
Washington, D.C.
Sentencing scheduled for Dec. 4, 2015
Gani Cole
27
Atlanta, Georgia
Sentencing scheduled for
Jan. 22, 2015
Alan Lamin
25
Washington, D.C.
Sentenced on July 8, 2015 to 54 months in prison. Ordered to forfeit $124,640.87 and pay that amount in restitution.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Office; David G. Bowers, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service (USPIS); and Colonel Edwin C. Roessler Jr., Chief of the Fairfax County Police Department, made the announcement after sentencing by U.S. District Judge Claude M. Hilton. Assistant U.S. Attorney Kellen S. Dwyer and Special Assistant U.S. Attorney Joseph V. Longobardo prosecuted the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:15-cr-180.
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Battle Creek Man, Timothy Siangdun, Sentenced to Eight Months’ Confinement for School Shooting ThreatsRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Patrick A. Miles, Jr. announced that Timothy Siangdun of Battle Creek, Michigan was sentenced to eight months’ confinement and two years of supervised release for making a Facebook post that threatened school shootings at Western Michigan University. Siangdun also was ordered to stay off the campus of Western Michigan University and was prohibited from posting any communications on any social media platform for the two year term of his supervised release. Siangdun made the Facebook threat following a trial and guilty verdict on related Facebook threat postings before United States District Judge Janet T. Neff on March 12, 2015. Siangdun pleaded guilty to the present charges on August 4, 2015.
The U.S. Attorney’s Office for the Western District of Michigan was assisted in the investigation by the Springfield Department of Public Safety, Western Michigan University Department of Public Safety, Calhoun County Sheriff’s Office, Calhoun County Prosecuting Attorney, Battle Creek Police Department, and the Federal Bureau of Investigation.
U.S. Attorney Miles praised federal, state, and local investigators in locating and prosecuting Siangdun. "Online threats of violence have no place in the Western District of Michigan. We will continue to use all available prosecution tools to ensure that Western Michigan universities and learning institutions are safe for faculty, staff, students, family, and the public."
"These types of threats are never discounted or taken lightly by the FBI. Public safety is our utmost concern, and every threat of this nature is treated as legitimate," stated David P. Gelios, Special Agent in Charge, FBI - Detroit Division. "Mr. Siangdun repeatedly posted threats of a school shooting at Western Michigan University, and threatened other violence online via social media. Even after being convicted for doing so, and after being cautioned against doing so by a federal judge, he persisted in posting an additional threat. As always, we continually work to identify, pursue, and hold accountable individuals who use the internet or other means to broadcast these types of threats."
This case was prosecuted by Assistant U.S. Attorney Clay M. West.
END
Baltimore Man Admits to Robbing Eight Businesses in Two WeeksRead the Press Release
Baltimore, Maryland – Ricky Tolson, age 45, of Baltimore, Maryland pleaded guilty today to robbery.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Kevin Perkins of the Federal Bureau of Investigation; Chief James W. Johnson of the Baltimore County Police Department; Commissioner Kevin Davis of the Baltimore Police Department; Chief Gary Gardner of the Howard County Police Department; Baltimore City State’s Attorney Marilyn J. Mosby; and Baltimore County State’s Attorney Scott Shellenberger.
According to his plea agreement, from June 7 to June 20, 2015, Tolson entered the following eight businesses located in Maryland demanding money from their employees: Ramada Inn in Pikesville, Roland Park Exxon Gas station on Falls Road in Baltimore, Shell Gas station on Smith Avenue in Baltimore, Sunoco Gas station in Pikesville, SF Mini Mart in Clarksville, BP Gas station in Lutherville, Cricket Store in Owings Mills and the Game Stop on Old Court Road in Baltimore.
In each robbery Tolson made it appear to the employees that he had a gun, but after his arrest on June 24, 2015, he told investigators that he did not have a gun. Tolson fled from five of the robbery scenes with approximately $2,915 in cash. He fled from another two scenes with an undetermined amount of cash, and fled the BP gas station before he stole any money.
Tolson and the government have agreed that if the Court accepts the plea agreement Tolson will be sentenced to 15 years in prison. U.S. District Judge J. Frederick Motz has scheduled sentencing for January 5, 2016 at 2:15 p.m.
United States Attorney Rod J. Rosenstein commended the FBI, Baltimore County State’s Attorney’s Office, Baltimore County Police, Baltimore City Police, Howard County Police and Baltimore City State’s Attorney’s Office for their work in the investigation. Mr. Rosenstein thanked Special Assistant U.S. Attorney Matthew K. Hoff, a cross-designated Baltimore City Assistant State’s Attorney, who is prosecuting the case.
Autoridades Federales Cierran la Investigación de la Muerte de Anastasio Hernández-RojasRead the Press Release
Washington – El Departamento de Justicia anunció hoy que, después de una investigación exhaustiva, no presentará cargos penales federales de violación de los derechos civiles u otros cargos federales contra los agentes federales involucrados en el altercado asociado a la detención que resultó en el fallecimiento del ciudadano mexicano Anastasio Hernández-Rojas.
Autoridades de la División de Derechos Civiles del Departamento de Justicia, el Buró Federal de Investigación [Federal Bureau of Investigation (FBI)] y la Oficina del Inspector General del Departamento de Seguridad Nacional [Department of Homeland Security - Office of the Inspector General (DHS-OIG)] se reunieron hoy con miembros de la familia de Hernández-Rojas y sus representantes para informarlos de esta determinación. La decisión del departamento se basó en hechos ocurridos durante una investigación independiente y exhaustiva del asunto.
El departamento le dedicó una importante cantidad de tiempo y recursos a investigar los hechos asociados a la muerte de Hernández-Rojas el 31 de mayo de 2010, tres días después de haber sido detenido en el Puerto de Entrada de San Ysidro en San Diego, California. Un equipo de fiscales federales experimentados examinaron cientos de páginas de evidencia generados por investigadores del Departamento de Homicidios del Departamento de Policía de San Diego. Agentes federales y la División de Derechos Civiles luego iniciaron una investigación federal independiente del hecho, la que incluyó a numerosas entrevistas con testigos y visitas al lugar del hecho. Las pruebas recabadas durante la investigación federal incluyeron videos del incidente, relatos de testigos de oficiales federales, relatos de testigos de policía mexicana, relatos de testigos civiles, relatos de personal médico, registros médicos, informes de autopsia, materiales de capacitación sobre el uso de fuerza oficial y pruebas forenses.
Las pruebas desarrolladas durante la investigación indicaron que, cuando se le retiraron las esposas a Hernández-Rojas en el Puerto de Entrada de San Ysidro, Hernández-Rojas empezó a luchar con dos agentes de la Patrulla Fronteriza de EE.UU. [U.S. Border Patrol (USBP)] y luego se resistió a sus esfuerzos por contenerlo. Dos agentes del Servicio de Inmigración y Control de Aduanas [Immigration and Customs Enforcement (ICE)], y un otro agente de la USBP, se unieron al altercado y golpearon a Herández-Rojas varias veces con sus bastones telescópicos. Los agentes esposaron a Hernández-Rojas otra vez, pero el mismo siguió debatiéndose y pateando a los agentes. Los agentes pidieron refuerzo y un vehículo de transporte para detener a Hernández-Rojas, ya que había dejado de ser elegible para regreso voluntario a Mexico porque forcejearse. A medida que los agentes intentaban colocar a Hernández-Roja en la camioneta que lo llevaría a la comisaría, nuevamente se resistió e intentó patear a los agentes. Una serie de agentes de La Oficina de Aduanas y Protección Fronteriza [Customs and Border Protection (CBP)] respondieron al lugar de los hechos, uno de los cuales acertó a Hernández-Rojas con una pistolaTaser. Hernández-Rojas dejó de resistirse y los agentes le inmovilizaron las piernas. Poco después, la respiración de Hernández-Rojas se volvió más lenta y Hernández-Rojas dejó de reaccionar. Los agentes de CBP le practicaron resucitación cardiopulmonar hasta que llegó personal médico al lugar. Hernández-Rojas fue pronunciado muerto dos días después de haber sido desconectado del equipo de auxilio respiratorio.
Las autopsias que siguieron concluyeron que Hernández-Rojas falleció debido a infarto de miocardio agudo (ataque al corazón) durante su inmovilización. Se indicó que intoxicación aguda con metanfetamina, enfermedad cardíaca preexistente, el nivel de esfuerzo físico durante la resistencia física y las descargas eléctricas de la pistola Taser y la inmovilización fueron factores que contribuyeron a la muerte de Hernández-Rojas. Asimismo, el médico forense indicó que Hernández-Rojas no hubiera fallecido si no hubiera existido la intoxicación por metanfetamina.
Después de un análisis cuidadoso y exhaustivo, un equipo de fiscales federales experimentados determinaron que no existían pruebas suficientes para la presentación de cargos federales penales de derechos civiles.
De acuerdo con las leyes federales penales de derechos civiles aplicables, los fiscales deben establecer, más allá de la duda razonable, que un oficial federal privó intencionalmente a una persona de un derecho constitucional, o sea, que el oficial actuó con intención deliberada y específica de hacer algo prohibido por la ley. Este es el más alto estándar de determinación impuesto por la ley. Accidente, error, temor, negligencia o falta de criterio no son suficientes para establecer un violación penal federal de los derechos civiles. En este caso, el gobierno federal no logró probar más allá de la duda razonable, que los sujetos actuaron de manera deliberada, o sea, con la intención específica de privar a la víctima de un derecho constitucional. Específicamente, el gobierno federal no logró refutar el alegato de los agentes de que utilizaron fuerza razonable con la intención de dominar y restringir a un detenido combativo, de modo que se lo pudiera colocar dentro de un vehículo de transporte.
El gobierno federal no podría probar, más allá de la duda razonable, que los sujetos violaron las leyes federales de homicidio dentro del ámbito de la Jurisdicción Especial Marítima y Territorial de los Estados Unidos. Si bien la inmovilización de Hernández-Rojas y las descargas eléctricas de la pistola Taser fueron factores que contribuyeron para su muerte, no existen indicios de que cualquiera de los agentes federales utilizó la pistola Taser o inmovilizó a Hernández-Rojas con malicia. Ni existen pruebas suficientes para establecer que la conducta de los agentes federales violó la ley federal de homicidio involuntario, la que no requiere malicia, pero sí requiere que los agentes federales hayan cometido un acto legal de manera ilegal, o sin el cuidado y la circunspección debidas, lo que podría producir la muerte. Al contrario, la inmovilización y el uso de la pistola Taser por los agentes federales contra Hernández-Rojas, durante su resistencia y cuando se encontraba en estado agresivo, no fue ilegal y, según pruebas reunidas relacionadas con la capacitación acerca de uso de la fuerza de los agentes federales, las acciones de los agentes federales no fueron llevadas a cabo sin el debido cuidado y circunspección.
Mientras la pérdida de una vida es lamentable, los hechos asociados a este caso no justifican un enjuiciamiento federal. En consecuencia, la investigación de este incidente ha sido cerrada.
Alleged Gang Member Detained for Allegedly Trafficking Crack CocaineRead the Press Release
PROVIDENCE, R.I. – Jaheem Benton, 26, of Pawtucket, an alleged member of the YNIC street gang, has been ordered detained in federal custody for allegedly trafficking crack cocaine, announced United States Attorney Peter F. Neronha and Daniel J. Kumor, Special Agent in Charge of the Boston Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Benton was arrested on Wednesday by members of an ATF Task Force consisting of federal and local law enforcement agents and officers who have been investigating for the past several months Benton’s alleged gang and drug trafficking activities. Benton was ordered detained on Thursday during his initial appearance in U.S. District Court before U.S. District Court Magistrate Judge Lincoln D. Almond on a criminal complaint charging him with possession of crack cocaine with the intent to distribute.
According to court documents and information presented to the court, it is alleged that on at least six occasions since January, Benton allegedly sold a person who was assisting law enforcement in their investigation of Benton plastic baggies containing crack cocaine. Each of the alleged transactions was monitored by law enforcement.
A court authorized search of Benton’s residence on Wednesday resulted in the seizure of approximately 1.2 grams of crack cocaine and numerous items used in the packaging and distribution of crack cocaine.
According to court records and information presented to the court, Benton was previously convicted in Rhode Island state court on multiple counts of assault and multiple firearms charges.
A criminal complaint is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
The case is being prosecuted by Assistant U.S. Attorney Milind M. Shah.
The ATF Task Force consists of agents and officers from ATF; Providence, Cranston and Central Falls Police Departments; and the Special Investigations Unit at the Rhode Island Department of Corrections. Pawtucket Police assisted the ATF Task Force in the investigation of this matter.
Alleged Current Leader of FAM Mob Convicted by Federal JuryRead the Press Release
Memphis, TN – After a three day trial, the alleged current head governor of FAM Mob, a violent street gang based throughout North Memphis and Shelby County, was found guilty of felony firearm possession by a federal jury. Edward L. Stanton III, U.S. Attorney for the Western District of Tennessee, announced the guilty verdict today.
According to the indictment, 28-year-old Jarvis Lewis, aka Jabo, of Memphis, unlawfully possessed a Jimenez Arms 9mm pistol. According to information presented in court, on October 27, 2014, Memphis Police officers responded to shots fired at the Ridgecrest Apartments Complex. The complex is allegedly used as the headquarters of FAM Mob, a violent street gang prevalent in Frayser, Northhaven, Raleigh and Millington.
Upon arriving on the scene, officers learned that two men with guns — one of them being Lewis — entered a unit in the apartment complex, according to information presented in court. Subsequent to locating the unit, officers asked for the defendants to leave the residence. After the defendants refused to comply, law enforcement gained entry into the apartment. Lewis and his co-defendant were located in the apartment’s master bedroom. A loaded 9mm pistol, partially sticking out of a bag of sugar, was also located by law enforcement while searching the apartment, according to court information.
FAM Mob’s hierarchy allegedly consists of a head governor, governors, CEOs, big "homies" and little "homies." Lewis allegedly became the head of FAM Mob after its former head governor, James McCracken, was indicted federally in November 2014 for violating the Hobbs Act. The Hobbs Act makes it a federal crime to commit a robbery that interferes with interstate commerce. In July 2011, McCracken and other FAM Mob members allegedly robbed a drug dealer who was trafficking narcotics manufactured outside of the district.
On Wednesday, November 4, 2015, a federal jury convicted Lewis of one count of felony possession of a firearm.
Lewis is scheduled to be sentenced by Judge Sheryl H. Lipman on February 5, 2016. He faces up to 10 years imprisonment and a fine of up to $250,000.
The case was investigated by the Project Safe Neighborhoods Task Force, which is comprised of representatives from the Memphis Police Department, Shelby County Sheriff’s Office, and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Assistant U.S. Attorneys Kevin Whitmore and Elizabeth Rogers prosecuted the case on the government’s behalf.
Acoma Pueblo Man Pleads Guilty to Federal Child Sexual Abuse ChargesRead the Press Release
ALBUQUERQUE – Emery Vallo, Sr, 60, a member and resident of Acoma, N.M., pled guilty this morning in federal court in Albuquerque, N.M., to a felony information charging him with abusive sexual contact of a minor child. Under the terms of his plea agreement, Vallo will be sentenced within the range of ten to 15 years in federal prison followed by a term of supervised release to be determined by the court. Vallo will be required to register as a sex offender after completing his prison sentence.
Vallo was arrested on Oct. 23, 2015, on an indictment alleging that he sexually abused the child victim from May 1, 2002 through Sept. 1, 2003, and attempted to sexually abuse the child victim from March 1, 2007 through Sept. 1 2007. The charges alleged in the indictment took place in Indian Country in Cibola County, N.M.
During today’s change of plea hearing, Vallo entered a guilty plea to an aggravated sexual abuse charge. Vallo admitted sexually molesting a child on two separate occasions from May 1, 2002 through Sept.1, 2003, and attempting to sexually molest the same child from March 1, 2007 to Sept. 1, 2007.
In addition to his guilty plea, Vallo also admitted to sexually molesting a five year old child approximately 40 years ago when he was 18 years old. Vallo admitted that although the statute of limitations has since lapsed in this case, his admission is meant to be an acknowledgement to help provide solace to the victim who is still impacted by the incident.
Vallo has been in the custody of the U.S. Marshals Service since his arrest and will remain detained pending his sentencing hearing which has yet to be scheduled.
This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Acoma Pueblo Tribal Police Department. The case is being prosecuted by Assistant U.S. Attorney David Adams as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Thursday 5 November 2015
Yuba City Man Pleads Guilty to Producing Child PornographyRead the Press Release
SACRAMENTO, Calif. — A Yuba City man pleaded guilty today to producing child pornography, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Benjamin B. Wagner of the Eastern District of California, Special Agent in Charge Ryan Spradlin of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI) San Francisco Field Division, and Chief of Police Robert D. Landon of the Yuba City Police Department.
Nathan Penner, 25, pleaded guilty today before United States District Judge Troy L. Nunley to one count of production of child pornography. The sentencing hearing is set for January 21, 2016.
In connection with his plea, Penner admitted that he produced sexually explicit photos and videos of a five-year-old girl in September and October of 2012. Penner further acknowledged that he had downloaded child pornography. Subsequent forensic analysis of Penner’s computer and digital media revealed both the child pornography that he produced and hundreds of other child pornography files.
This case is being investigated by HSI and the Yuba City Police Department. This case is being prosecuted by Trial Attorney Reginald E. Jones of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Special Assistant U.S. Attorney Josh F. Sigal of the Eastern District of California. CEOS’ High Technology Investigative Unit assisted with computer forensic analysis for the case.
Penner faces a maximum statutory penalty of 30 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by 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 those who sexually exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Worcester Nurse Pleads Guilty to Stealing Pain Medication from PatientsRead the Press Release
BOSTON – A nurse pleaded guilty on today in U.S. District Court in Worcester to stealing pain medication from patients in a nursing care facility in Worcester.
Joanna Dacri, 34, of Auburn, Mass., pleaded guilty to one count of acquiring and obtaining Oxycodone by deception. U.S. District Court Judge Timothy S. Hillman scheduled sentencing Jan. 29, 2016.
From February to June 2014, Dacri was a nurse at a Worcester nursing care facility. During that period, she stole numerous Oxycodone tablets prescribed to three patients, and surreptitiously substituted other, similar-looking tablets, specifically Loratadine (antihistamine) tablets and Mirtazapine (antidepressant) tablets, in place of the Oxycodone tablets.
The charge provides for a sentence of no greater than four years in prison, one year of supervised release and a fine of $250,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz; Spencer Morrison, Acting Special Agent in Charge of the Food and Drug Administration, Office of Criminal Investigations, Boston Resident Office; Michael Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Commissioner Monica Bharel, M.D., M.P.H, of Massachusetts Department of Health, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Young Paik of Ortiz’s Health Care Fraud Unit.
Worcester Man Pleads Guilty to Child Pornography ChargesRead the Press Release
BOSTON – A Worcester man pleaded guilty yesterday in U.S. District Court in Worcester to charges of possession of child pornography.
Peyton Bissell, 22, of Worcester, Mass., pleaded guilty to one count of possession of child pornography. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for Jan. 28, 2016.
On July 28, 2014, law enforcement officers executed a federal search warrant at Bissell’s residence on Plantation Street in Worcester. Bissell immediately told law enforcement officers that he knew why they were present and that they would find what they were looking for on a computer in his bedroom. An initial forensic review of the computer revealed hundreds of videos and images containing child pornography, some of which involved children under the age of 12. Peyton admitted to searching for and downloading child pornography from peer-to-peer file sharing networks on the Internet.
The charge of possession of child pornography involving minors under the age of 12 provides for a sentence of no greater than 20 years in prison, a minimum mandatory term of five years and up to a lifetime of supervised release and a fine of $250,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Matthew Etre, Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; and Worcester Police Chief Gary J. Gemme, made the announcement. The case is being prosecuted by Assistant U.S. Attorney Mark Grady of Ortiz’s Worcester Branch Office.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Woman Who Held Disabled Adults Captive in Subhuman Conditions Sentenced to Life Plus 80 Years in PrisonRead the Press Release
Linda Weston, 55, of Philadelphia, was sentenced today to life plus 80 years in prison. Weston pleaded guilty on Sept. 15, 2015, to all charges in a racketeering and hate crimes case that involved holding disabled adults captive in locked closets, basements and attics in Philadelphia’s Tacony section and in other states.
Weston pleaded guilty to racketeering conspiracy, kidnapping resulting in the death of the victim, forced human labor, involuntary servitude, multiple counts of murder in aid of racketeering, hate crime, violent crime in aid of racketeering, sex trafficking, kidnapping, theft of government funds, wire fraud, mail fraud, use of a firearm in furtherance of a violent crime and false statements. In addition to the prison term, U.S. District Court Judge Cynthia M. Rufe of the Eastern District of Pennsylvania ordered restitution of $273,463 to the Social Security Administration and a $19,600 special assessment.
From approximately 2001 through October 2011, Weston and her co-conspirators lured mentally handicapped individuals into locations rented by Weston, Jean McIntosh, Eddie Wright and others in Philadelphia; Killeen, Texas; Norfolk, Virginia; and West Palm Beach, Florida. The group targeted mentally challenged individuals who were estranged from their families. Once Weston convinced them to move in, she became their representative payee with social security and began to receive their disability benefits and in some instances, their state benefits. On one occasion, Weston and one of her co-defendants took the social security and identification documents from a victim by force and then used the funds for her own and family purposes.
Weston, Jean McIntosh, Eddie Wright and others confined their victims to locked rooms, basements, closets, attics and apartments. While confined, the captives were often isolated in the dark and sedated with drugs that Weston and other defendants placed in their food and drink. When the individuals tried to escape, stole food or otherwise protested their treatment, Weston and others punished them by slapping, punching, kicking, stabbing, burning and hitting them with closed hands, belts, sticks, bats and hammers or other objects, including the butt of a pistol. Some victims endured the abuse for years, until Oct. 15, 2011, when Philadelphia Police Department officers rescued them from the sub-basement of an apartment building in the Tacony section. The enterprise victimized six disabled adults and four children.
In April 2005, Weston and a co-defendant targeted victim D.S. They brought D.S. to a home at 2211 Glenview Avenue in Philadelphia. D.S. was kept in the basement with the other victims, fed a substandard diet and not allowed to use the bathroom. On June 26, 2005, D.S. was found dead in the basement. Weston ordered other members of the household to move D.S.’s body to a different location before calling law enforcement.
In 2008, victim M.L. was living with the family. M.L. was beaten when she tried to escape or when she begged for food and never received medical attention for any of her injuries. After Weston moved the enterprise to Virginia in 2008, Weston confined M.L. inside a kitchen cabinet and an attic for several months. M.L. subsequently died of bacterial meningitis and starvation in November 2008. Weston ordered other members of the household to move M.L.’s body to a bedroom and stage the scene before calling law enforcement. The next day the family left for Philadelphia.
Weston’s daughter, Jean McIntosh, and co-defendant Eddie Wright have already pleaded guilty. Co-defendants Gregory Thomas Sr. and Nicklaus Woodard are awaiting trial.
The case was investigated by the FBI, the Social Security Administration Office of Inspector General, Internal Revenue Service-Criminal Investigations, the Philadelphia Police Department and the Philadelphia District Attorney’s Office with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives’ West Palm Beach Field Office. The case is being prosecuted by Assistant U.S. Attorneys Richard P. Barrett and Faithe Moore Taylor of the Eastern District of Pennsylvania.