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Monday 26 October 2015
Rochester Woman Arrested on Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Tatiana Starling, 19, of Rochester, NY, was arrested and charged by criminal complaint in connection with her knowing and unlawful possession of a firearm which had been stolen from a residence at 1070 Lake Avenue in Rochester. The charges carry a maximum penalty of 10 years in prison, a fine of $250,000, or both.Assistant U.S. Attorney Douglas E. Gregory, who is handling the case, stated that according to the complaint, on July 29, 2015, Starling was the get-away driver after her boyfriend, Johnny Blackshell, along with Ramel Robinson, unlawfully entered the residence at 1070 Lake Avenue and stole a gun safe containing three firearms and numerous rounds of ammunition. The defendant is also accused of driving the men to another location to dispose of the safe after the firearms were removed.
The stolen firearms included an AK-47, a .40 caliber carbine rifle and a 12 gauge single shot shotgun. The AK-47 was later recovered by police hidden under the front porch of a residence on Clay Avenue. The gun has been linked ballistically to the gun used in the mass shooting at the Boys and Girls Club on August 19, 2015.
On September 16, 2015, Blackshell was formally charged in New York state court with Murder 1st Degree relating to that event. Ramel Robinson faces federal charges of unlawful possession of the firearms stolen from 1070 Lake Avenue. The shotgun was later recovered at a residence on Phelps Avenue, leading to the arrest of Joseph Lowry on a separate federal gun charge. The current location of the .40 caliber is unknown.
Starling will appear before U.S. Magistrate Judge Marian W. Payson on November 10, 2015.
“As we have stated before, this office will aggressively prosecute those who commit violent crimes, as well as those who assist such predators,” said U.S. Attorney Hochul.
The criminal complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), under the direction of Special Agent in Charge Delano A. Reid, New York Field Division, by the Federal Bureau of Investigation), under the direction of Special Agent in Charge Adam S. Cohen, and the Rochester Police Department, under the direction of Chief Michael Ciminelli.
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.
Portsmouth Bloods Gang Associate Sentenced to 3 Years in Heroin CaseRead the Press Release
NORFOLK, Va. – Jeffery R. Henry, 30, of Portsmouth, was sentenced today to 36 months in prison for his role in a conspiracy to distribute and possess with intent to distribute heroin.
Henry was an associate of the Portsmouth based Gorilla Mafia Bloods, a street gang led by Theodore M. Vann, aka Flatline, 32, and Antwane L. Williams, aka Neno, 26. All three men were indicted by a federal grand jury on May 17, 2015. Vann and Williams pleaded guilty in June 2015, while Henry pleaded guilty in July 2015. Williams was sentenced to 10 years in prison on Sept. 24, 2015. Vann is scheduled to be sentenced on Nov. 16, 2015.
According to court documents, Henry distributed heroin and other narcotics in the Ghent area of Norfolk, Portsmouth, and other places throughout the Eastern District of Virginia. Henry also traveled to Richmond, Petersburg, and New Jersey with his co-conspirators on multiple occasions to test the purity of the supply of heroin to ensure that it was a good product for resale.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Mark R. Herring, Attorney General of Virginia; and John S. Adams, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after sentencing by U.S. District Judge Raymond A. Jackson.
This case was investigated jointly by the FBI’s Norfolk Field Office and the Chesapeake and Portsmouth Police Departments. Virginia Assistant Attorney General and Special Assistant U.S. Attorney John F. Butler, and Assistant U.S. Attorneys Joseph E. DePadilla and Andrew C. Bosse 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. 2:15-cr-60.
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Portland Woman Sentenced to 1½ Years for Mail and Wire FraudRead the Press Release
Contact: Craig M. Wolff
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced that Beth M. Rogers, 46, of Portland, Maine, was sentenced today in U.S. District Court by Chief Judge Nancy Torresen to 1½ years in prison and six years of supervised release for mail and wire fraud. She was also ordered to pay almost $209,000 in restitution. She pleaded guilty on March 17, 2015.
Court records show that Rogers operated TravelWise Cruises & Tours, a travel agency in Saco. Beginning in late 2011, Rogers began taking client money without making travel reservations for the clients who had provided the funds. She instead used the money to pay for the travel of other individuals who had booked travel through TravelWise. She misapplied money from more than 50 clients in this fashion until mid-2012, when her scheme was discovered.
The investigation was conducted by the Saco Police Department and the Federal Bureau of Investigation.Port Gamble S’Klallam Tribal Member Convicted of Five Counts of Aggravated Sexual Abuse of a MinorRead the Press Release
A 59–year old enrolled member of the Port Gamble S’Klallam Tribe was convicted today in U.S. District Court in Tacoma of five counts of aggravated sexual abuse of a minor. The jury deliberated three hours before finding LEROY CHARLES guilty following a five day trial. U.S District Judge Ronald B. Leighton has scheduled sentencing for February 5, 2016. CHARLES faces a mandatory minimum 30 years in prison and up to life in prison for the five convictions.
According to testimony at trial, CHARLES assaulted the young teens at various times and places on the Port Gamble S’Klallam reservation between 2000 and 2005. CHARLES overpowered the victims and in one case drugged the teenager so that he could commit the sexual assault. CHARLES threatened to kill each of the teens and their families if they disclosed the abuse. When one of the victims left the reservation to live, CHARLES traveled to the victim’s out-of-state residence, again threatening the victim and saying he would be able to find the victim anywhere. The victims, who are now in their 20’s disclosed the abuse when they learned CHARLES was going to be released from state incarceration after serving a sentence for unrelated criminal conduct.
The case was investigated by the Port Gamble S’Klallam Police and the FBI. The case was prosecuted by Assistant United States Attorneys Ye-Ting Woo and Bruce Miyake.
Owner of Two New York Medical Clinics Pleads Guilty to Role in $55 Million Health Care Fraud SchemeRead the Press Release
Defendant Laundered Millions through Sham Vendors, Generating Cash to Pay Illegal Kickbacks
The owner of two medical clinics in Brooklyn, New York, pleaded guilty today to her role in a $55 million health care fraud and money laundering conspiracy.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Robert L. Capers of the Eastern District of New York, Special Agent in Charge Scott Lampert of the U.S. Department of Health and Human Services-Office of Inspector General’s (HHS-OIG’s) Office of Investigations, Special Agent in Charge Shantelle P. Kitchen of Internal Revenue Service-Criminal Investigation (IRS-CI) New York and Inspector General Dennis Rosen of New York State Medicaid made the announcement.
Valentina Kovalienko, 46, pleaded guilty before U.S. District Judge Roslynn R. Mauskopf of the Eastern District of New York to conspiracy to commit health care fraud and conspiracy to commit money laundering. Her sentencing date has not yet been scheduled. Pursuant to her plea agreement, Kovalienko agreed to forfeit $29,336,497.27, which amount she admitted is traceable to her criminal conduct.
According to admissions made in connection with her plea, from approximately February 2008 to February 2011, Kovalienko and others executed a scheme in which patients were paid cash kickbacks to subject themselves to medically unnecessary physical and occupational therapy, diagnostic tests and office visits that were not performed by licensed professionals, and for which the clinics billed Medicare and Medicaid. Kovalienko also admitted that, to support the fraudulent claims, she paid occupational and physical therapists to falsify patient charts and billing records.
In connection with her guilty plea, Kovalienko admitted that she diverted funds deposited into the clinics’ bank accounts by Medicare and Medicaid to herself and her co-conspirators and to the patients to whom kickbacks were paid. Kovalienko admitted that she did so by writing checks from the clinics’ bank accounts to an elaborate network of sham third-party vendors, purportedly in the business of providing “consulting,” “advertising” and “computer support” services, which checks she and her co-conpsirators cashed for their own benefit and to perpetuate the scheme by paying kickbacks to patients.
To date, at least 10 other individuals have pleaded guilty to participating in the scheme, including the former medical directors of both clinics, three former occupational therapists, a former physical therapist, three ambulette drivers, the owner of several of the sham vendors used to launder the money and a former patient who received illegal kickbacks.
In July and August 2014, three additional clinic managers and one ambulette driver were also charged with crimes arising from the scheme. A trial date has not yet been set.
The case was investigated by HHS-OIG, IRS-CI and the New York State Office of the Medicaid Inspector General, and was brought as part of the Medicare Fraud Strike Force, under the supervision by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office of the Eastern District of New York. The case is being prosecuted by Trial Attorneys Bryan D. Fields, A. Brendan Stewart and F. Turner Buford of the Criminal Division’s Fraud Section.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 2,300 defendants who have collectively billed the Medicare program for more than $7 billion. In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with HHS-OIG, is 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.
Operation Mexicalley Main Conspirator Sentenced to 144 MonthsRead the Press Release
Jackson, TN – The main conspirator in a drug ring responsible for distributing massive amounts of methamphetamine throughout West Tennessee has been sentenced to 144 months in federal prison. Edward L. Stanton III, U.S. Attorney for the Western District of Tennessee, announced the sentencing today.
According to the indictment, between February and August 2013, Richard E. Alley, 41, of Hardin County, conspired with more than a dozen others to unlawfully distribute and possess with intent to distribute significant quantities of meth in various West Tennessee jurisdictions, including Clifton, Savannah, Wayne County and Hardin County.
Operation Mexicalley, a year-and-a-half-long investigation conducted by federal, state, and local law enforcement agencies, revealed that Alley and 17 others were immersed in a drug ring conspiracy to distribute meth and marijuana in the state’s western district. Fifteen of the defendants were indicted in January 2014 and three others in August 2014. Alley’s drug trafficking organization was transporting the meth from Mexico into West Tennessee for distribution, hence the name "Operation Mexicalley." Thus far, 17 of the defendants have pled guilty and 14 have been sentenced. One defendant, Oscar Alvarez Franco, remains a fugitive.
Over the course of Operation Mexicalley’s duration, 13 state and federal search warrants were executed on residences of the defendants. During these searches, law enforcement officials seized more than 640 grams of meth and over 80 grams of marijuana. Law enforcement also seized 75 firearms, which included an arsenal of pistols, revolvers, rifles, and shotguns.
In July 2015, Alley pled guilty to one count of conspiracy to distribute and possess with intent to distribute meth. He also pled guilty to one count of aiding and abetting, distributing, attempting to distribute, and possessing with intent t0 distribute meth.
Last week, Chief U.S. District Judge J. Daniel Breen sentenced Alley to 144 months on the conspiracy charge and 60 months on the aiding and abetting charge. The sentences will be served concurrently.
The case was investigated by the Federal Bureau of Investigation, Tennessee Bureau of Investigation, 24th Judicial Drug Task Force, and Lexington Police Department.
Assistant U.S. Attorney Beth C. Boswell prosecuted the case on the government’s behalf.
Milford Man Pleads Guilty to Bank RobberyRead the Press Release
CONCORD, NEW HAMPSHIRE - Seamus Murphy, 33, of Milford, New Hampshire, entered a guilty plea to one count of bank robbery announced Acting United States Attorney Donald Feith.
Murphy walked into a Citizens Bank in Stratham, New Hampshire, on February 24, 2015 and gave the teller a note demanding money. The teller gave Murphy a quantity of United States currency. Surveillance cameras captured images of the robbery which were broadcast on local news outlets. Numerous individuals identified Murphy from the photographs and he was apprehended the next day, February 25, 2015. Murphy – who faces a maximum sentence of twenty years in prison and criminal fines of up to $250,000 – will be detained pending sentencing, which is presently scheduled for January 29, 2016.
“The successful resolution of this bank robbery is due to the great investigative work of the Stratham Police and the assistance of the Federal Bureau of Investigation,” stated Acting United States Attorney Donald Feith. “Bank robbery, even an unarmed bank robbery, is an inherently dangerous crime that causes great turmoil to its victims. We will continue to work with our state and local partners to vigorously prosecute these dangerous crimes.”
This case was investigated by the Stratham Police Department and the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Georgiana Konesky.
Maryland Man Pleads Guilty to Assault with Intent to Kill Charges for Stabbing Three People at Home in the Middle of the NightRead the Press Release
WASHINGTON – Ernest Johnson, 21, of Baltimore, Md., pled guilty today to three counts of assault with intent to kill while armed for stabbing his ex-girlfriend and two others in her apartment in Northeast Washington, U.S. Attorney Channing D. Phillips announced.
Johnson pled guilty in the Superior Court of the District of Columbia. The Honorable Milton C. Lee scheduled sentencing for Jan. 22, 2016.
According to the government’s evidence, Johnson was previously in a romantic relationship with one of the victims, a 24-year-old woman. On the date of the attack, Aug. 15, 2015, they were no longer in a romantic relationship. At that time, Johnson’s ex-girlfriend was in a romantic relationship with another man. The ex-girlfriend was living with her 75-year-old grandmother in an apartment in Northeast Washington.
On Aug. 15, 2015, at approximately 4:30 a.m., Johnson entered the ex-girlfriend’s apartment through the balcony door. First, he went into the grandmother’s bedroom and began to strangle her, causing her to lose consciousness. He also stabbed her numerous times in the back, head, and neck. Johnson then entered the second bedroom, where his ex-girlfriend and her new boyfriend were asleep. He locked the door behind him. Johnson then stabbed his ex-girlfriend approximately 28 times in back, arm, neck, chest, hand, and other parts of her body. He also stabbed the new boyfriend several times in the head, and the knife went through his skull.
Two witnesses were asleep in the living room of the apartment. One heard the screaming and broke into the locked bedroom, picked up a vacuum cleaner, and hit Johnson with it to stop the attacks against his ex-girlfriend and the boyfriend. The second witness also came into the room to assist. Johnson then left the apartment, fleeing the scene.
Two knives were recovered inside the apartment.
All three victims were transported to the hospital by ambulance. The grandmother remained at the hospital for approximately nine days. Doctors believed that she may have had a laceration to the inside of her throat, and so she was not permitted to eat food or liquid through her mouth for approximately one week. The man was at the hospital for two days and was released. Several days thereafter, however, he began to have seizures and was readmitted for approximately four days. Since this incident, he has had memory issues and headaches. Finally, Johnson’s ex-girlfriend was admitted to the hospital for almost two months. She has severe spinal cord damage from the stabbing that initially left her paralyzed. Through extensive physical therapy, she has regained some motor skills, but remains significantly impaired and unable to walk on her own. She had several surgeries on her left hand and has not regained full use of it.
Johnson was apprehended in Baltimore shortly after the attack. He has been in custody ever since. In a custodial interview after his arrest, he admitted to the stabbings.
In announcing the plea, U.S. Attorney Phillips commended the work of the officers and detectives who investigated the case for the Metropolitan Police Department and U.S. Marshals Service. He also commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Erica Vample and Victim/Witness Advocate Meshall Thomas. Finally, he expressed appreciation for the work of Assistant U.S. Attorney Elana Suttenberg, who investigated and prosecuted the case.
Logan county woman pleads guilty to submitting fraudulent federal tax returnsRead the Press Release
CHARLESTON, W. Va. - Maria Martin, 64, of Chapmanville, West Virginia, pleaded guilty today in federal court in Charleston to preparing fraudulent tax returns, announced United States Attorney Booth Goodwin. Martin admitted that from 2011 through 2013, she prepared 43 fraudulent tax returns from her Logan County home. Specifically, Martin admitted that she claimed tax credits for her clients to which she knew they were not entitled, knowing that the improper credits would increase their tax refunds. Martin filed the fraudulent returns electronically and directed that the inflated refunds be deposited in bank accounts that she designated. Upon receipt of the refunds, Martin split the money with her clients. As a result of the fraudulent returns, the United States paid $188,665 in refunds to Martin and her clients to which they were not entitled. As part of her plea agreement, Martin has agreed to pay $188,655 in restitution.
Martin faces up to three years of imprisonment and a fine of up to $250,000. Sentencing is scheduled for February 18, 2016.
The Department of the Treasury, Internal Revenue Service conducted the investigation. Assistant United States Attorney Erik S. Goes is responsible for the prosecution.
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Laurel Man Pleads Guilty to his Role in the Murder of a Robbery VictimRead the Press Release
Baltimore, Maryland –Taylor King Pepe, age 21, of Laurel, Maryland pleaded guilty today to an armed robbery conspiracy, and to aiding and abetting the brandishing and use of a gun during a crime of violence, arising from the robbery of an individual who was shot and killed.
The plea agreement was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge William P. McMullan of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Chief Gary Gardner of the Howard County Police Department; and Howard County State’s Attorney Dario Broccolino.
According to his plea agreement, on January 23, 2014, Pepe, Desmick Lewis, Amanda McAdoo and Lauren Maready planned to rob the individual of Oxycodone pills. Maready drove the conspirators to the location where McAdoo had arranged to meet the victim, purportedly to buy the pills from the victim.
When they arrived at the meeting place, Lewis hid behind a fence and McAdoo went to meet the victim in his car, while Pepe and Maready remained in her car. Lewis approached the robbery victim’s car and began shooting. Upon hearing the shots, Pepe and Maready drove away, leaving Lewis and McAdoo. The victim was discovered by Howard County Police a short time later, after his car had run into a tree. There were bullet holes in the driver’s side window and the victim had been shot several times in the head. He subsequently died. The conspirators met a short time later near McAdoo’s residence in Laurel, close to where the shooting occurred. Pepe told Maready to drive them to his friend’s home in Elkridge, Maryland, where Pepe and McAdoo went inside and discussed the robbery/murder. Maready then drove Pepe, McAdoo and Lewis to Lewis’ grandmother’s house in Columbia, Maryland. Avery Terry and another person joined them later and they discussed the robbery/murder. Terry then drove Pepe, McAdoo and Lewis, along with the gun, to Pepe’s home.
On January 25, 2014, Pepe, McAdoo and Maready were arrested in connection with the robbery and shooting. No search was conducted of Pepe’s residence at that time. On January 26, 2014, knowing that the other conspirators had been arrested, Lewis went to Pepe’s residence, spoke to Pepe’s mother, and went down to the basement alone to retrieve an item. Lewis texted Terry and the two men met at Lewis’ grandmother’s house. Law enforcement officers, who had set up surveillance at the residence, saw Terry trying to shield Lewis from view as they left the home and got into Terry’s car. Police made a traffic stop and arrested Lewis. A black .38 caliber revolver was recovered from Terry’s car. The victim was killed with a .38 caliber revolver.
Pepe faces a maximum sentence of 20 years in prison for the robbery conspiracy; and a mandatory minimum of seven years and a maximum of life in prison for aiding in the discharge of a firearm during a crime of violence. U.S. District Judge George L. Russell, III has scheduled sentencing for January 28, 2016 at 9:30 a.m. Pepe remains in federal custody.
Avery Terry, age 23, of Laurel, pleaded guilty in U.S. District Court to the January 21, 2014 robbery of a CVS Pharmacy in Elkridge, Maryland, using and brandishing a firearm during that robbery, and to being an accessory after the fact to the January 23, 2014 robbery resulting in death. Terry was sentenced to 181 months in prison.
Amanda McAdoo, age 20, of Laurel, Lauren Maready, age 20, of Highland, Maryland; and Desmick Lewis, age 23, of Columbia, have all pleaded guilty in Howard County Circuit Court to their roles in the January 23, 2014 robbery and murder. They are awaiting sentencing.
United States Attorney Rod J. Rosenstein commended the ATF, Howard County Police Department and Howard County State’s Attorney’s Office, especially Assistant State’s Attorneys Brian Furlong and Devora Kirschner, for their work in the investigation and prosecution. Mr. Rosenstein thanked Assistant United States Attorney Sandra Wilkinson and Special Assistant United States Attorney Lauren E. Perry, who are prosecuting the case.
Kansas City, Kan., Man Sentenced to 30 Years in Federal Prison for Drug TraffickingRead the Press Release
KANSAS CITY, KAN. - A Kansas City, Kan., was sentenced Monday to 30 years in federal prison for methamphetamine trafficking, U.S. Attorney Barry Grissom said.
Jesus Octavio Valdez-Aguirre, 25, Kansas City, Kan., pleaded guilty to one count of conspiracy to possess with intent to distribute methamphetamine. The factual basis for the plea states that from January 2014 to September 2014 Valdez-Aguirre was part of drug trafficking organization that distributed methamphetamine in the metro Kansas City area. The methamphetamine was manufactured in Mexico, smuggled to California and then to Kansas.
On Aug. 14, 2014, FBI agents were watching when Valdez-Aguirre and another man drove a white Chevrolet Astro van into an alley behind a barber shop in Kansas City, Kan. They delivered 13 pounds of methamphetamine that conspirators hid in a Jeep Liberty at 1201 Minnesota. On Sept. 5, 2014, investigators arrested Valdez-Aguirre and other conspirators at 1248 Osage in Kansas City, Kan. Among the items seized were more than $5,000 in cash and a drug ledger.
Grissom commended the FBI and Assistant U.S. Attorney Sheri McCracken for their work on the case.
Justice Department Sues Kansas City, Kansas, Public Housing Agency for Sexual HarassmentRead the Press Release
The Justice Department today filed a lawsuit against the Kansas City, Kansas, Housing Authority (KCKHA) and its former hearing officer, Victor L. Hernandez. The lawsuit alleges that Hernandez sexually harassed a female public housing applicant and a female public housing tenant, in violation of the Fair Housing Act.
The lawsuit, filed in the U.S. District Court for the District of Kansas, alleges that Hernandez subjected these two women to unwanted sexual conduct as a condition for favorable hearing decisions, including asking them sexual questions, showing pornographic pictures and videos, making explicit sexual comments and exposing himself. The complaint alleges that Hernandez engaged in this conduct while exercising his authority as an employee of KCKHA.
“No one, including those who seek public assistance for housing benefits, should be subjected to sexual harassment, particularly by the very people tasked with providing critical assistance,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “The Justice Department will continue its vigorous enforcement of the Fair Housing Act against those who abuse their power and authority.”
“The Fair Housing Act is about more than providing a shelter,” said U.S. Attorney Barry R. Grissom of the District of Kansas. “It’s about equal opportunity and equal justice as well. Sexual harassment cannot be tolerated.”
The lawsuit arose from complaints filed by the two women about Hernandez’s conduct with the Department of Housing and Urban Development (HUD). After HUD investigated the complaints, it issued a charge of discrimination and the matter was referred to the Justice Department.
“Women have a hard enough time finding a decent affordable place to live without having their access to that housing conditioned upon submitting to unwanted sexual advances,” said Assistant Secretary Gustavo Velasquez of HUD’s Fair Housing and Equal Opportunity Office. “HUD applauds the action the Justice Department is taking in this matter and remains committed to working together to protect the housing rights of women when those rights are violated.”
The suit seeks monetary damages to compensate victims and a court order barring future discrimination and requiring additional preventive measures.
The complaint is an allegation of unlawful conduct. The allegations must still be proven in federal court.
Individuals who believe they were victims of the defendants’ conduct or who may have other information related to this lawsuit should contact the Justice Department toll-free at 1-800-896-7743, mailbox 8, or e-mail the department at [email protected].
The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. Persons who believe that they have experienced unlawful housing discrimination elsewhere can contact the department at 1-800-896-7743, or e-mail [email protected] or contact HUD at 1-800-669-9777.
KCKHA Complaint
Justice Department Files Suit Against Pittsfield Charter Township, Michigan, over Denial of Zoning Approval for Islamic SchoolRead the Press Release
The Justice Department announced today that it has filed a lawsuit against Pittsfield Charter Township, Michigan, alleging that the township violated the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) when it denied zoning approval to allow the Michigan Islamic Academy (MIA) to build a school on a vacant parcel of land located in the township. The case was brought by the department’s Civil Rights Division and the U.S. Attorney’s Office of the Eastern District of Michigan.
The complaint, filed in the U.S. District Court of the Eastern District of Michigan in Detroit, alleges that Pittsfield Charter Township imposed a substantial burden on MIA’s exercise of religion when it refused to grant its request for rezoning to allow MIA to build a new school on a vacant parcel of land in the township. MIA, currently located in Ann Arbor, Michigan, sought to build in Pittsfield Township because it requires additional space for religious and secular educational purposes.
“Religious freedom is a cornerstone of our society, and that freedom includes being able to create the institutions and physical spaces needed for worship, religious education and other aspects of religious exercise,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division. “The Justice Department is committed to ensuring that all religious groups enjoy the right to practice their faiths freely, and will continue to challenge local land use decisions that substantially burden religious exercise.”
“The law prohibits the government from imposing land use regulations that substantially burden religious exercise unless there is a compelling government interest and uses the least restrictive means of doing so,” said U.S. Attorney Barbara L. McQuade of the Eastern District of Michigan. “This complaint alleges that Pittsfield Township denied the Michigan Islamic Academy's request to build a school in violation of that law. We filed this lawsuit to protect the right of all Americans to practice their religion and receive the religious instruction and education of their choice.”
The complaint is an allegation of unlawful conduct. The allegations must still be proven in federal court.
RLUIPA, enacted in 2000, contains multiple provisions prohibiting religious discrimination and protecting against unjustified burdens on religious exercise. Persons who believe that they been subjected to religious discrimination in land use or zoning may contact the Civil Rights Division’s Housing and Civil Enforcement Section at (800) 896-7743 or the U.S. Attorney’s Office of the Eastern District of Michigan’s Civil Rights Hotline at (313) 226-9151 or [email protected].
More information about RLUIPA, including a report on the department’s enforcement, may be found at http://www.justice.gov/crt/about/hce/rluipaexplain.php.
Pittsfield Township Complaint
Investment Advisor Sentenced in Connection with Rothstein CaseRead the Press Release
An investment advisor connected to the Rothstein case was sentenced this afternoon to 30 months in prison.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
Michael Szafranski, 37, of Surfside was sentenced today in Ft. Lauderdale by United States District Judge William P. Dimitrouleas to 30 months in prison, to be followed by 3 years of supervised release. On July 29, 2015, Szafranski pled guilty to conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 371.
According to court records, including a stipulated statement of facts filed in connection with Szafranski’s guilty plea, it was discovered in 2009 that the law firm of Rothstein, Rosenfeldt and Adler, P.A. (RRA) was being utilized by its Chairman and Chief Executive Officer, Scott W. Rothstein, to commit a massive Ponzi scheme stemming from the sale of fictitious confidential settlements. Szafranski, who was a registered investment advisor, conspired with Rothstein to induce certain persons into investing money in the confidential settlements by making material misstatements and omissions. Szafranski secretly received compensation from Rothstein and RRA while simultaneously employed by certain investors as a purportedly independent verifier of the legitimacy of the settlement transactions.
Mr. Ferrer commended the investigative efforts of IRS-CI and the FBI. This case is being prosecuted by Assistant U.S. Attorneys Lawrence D. LaVecchio, Paul F. Schwartz, and Jeffrey N. Kaplan.
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.
Husband and Wife from Bergen County, New Jersey, Admit Embezzling More Than $150,000 from Union Benefit PlanRead the Press Release
NEWARK, N.J. – A husband and wife from Northvale, New Jersey, today admitted using a union health care benefit plan to steal more than $150,000 for their personal use, U.S. Attorney Paul J. Fishman announced today.
Leonard Telesca, 62, pleaded guilty before U.S. District Judge Esther Salas in Newark federal court to Count One of an indictment charging him with conspiracy to embezzle from a health care benefit program. Joann Telesca, 63, pleaded guilty before Judge Salas to Count Two of the indictment charging her with embezzling funds from the benefit program.
According to statements made and documents filed in court:
Between 2006 and 2011, Leonard and Joann Telesca operated the United International Brotherhood of All Trades, Technologies, Service, Administration, and Medical Workers Union (“All Trades Union”). All Trades Union sponsored a welfare fund to provide health care coverage to union participants, who were recruited over the internet. As administrators of the plan, Leonard and Joann Telesca were required to ensure that the funds were used exclusively for the benefit of union members.
Leonard Telesca admitted that from February 2009 through April 2011, he embezzled $159,598 in benefit funds for personal expenses. According to the indictment, the funds were used for mortgage payments on his residence and other rental property, cruises and luxury hotel stays. Joann Telesca admitted that from September 2009 through March 2010, she used $13,369 in benefit funds to make mortgage payments on a personal rental property in River Vale, New Jersey.
The charges to which Leonard and Joann Telesca pleaded guilty each carry a maximum potential penalty of five years in prison and a $250,000 fine. Sentencing for both defendants is scheduled for Feb. 8, 2016.
U.S. Attorney Fishman credited special agents of the Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the direction of Special Agent in Charge Cheryl Garcia, New York Region, and the Employee Benefit Security Administration (EBSA) under the supervision of New York Regional Director Jonathan Kay, with the investigation.
The government is represented by V. Grady O'Malley, Senior Litigation Counsel of the U.S. Attorney’s Office Organized Crime/Gangs Unit in Newark.
Defense counsel:
Leonard Telesca: Brian Neary Esq., Hackensack, New Jersey
Joann Telesca: Assistant Federal Public Defender Kevin F. Carlucci Esq., Newark
Houston Man Sentenced in Million Dollar Fraud Scheme Targeting Dozens of Elderly VictimsRead the Press Release
HOUSTON – Jermaine Comeaux, 35, has been ordered to federal prison following his convictions of one count of conspiracy to commit wire fraud and one count of aggravated identity theft, announced U.S. Attorney Kenneth Magidson. Comeaux, of Houston, pleaded guilty March 16, 2015.
Today, U.S. District Judge Lynn Hughes ordered Comeaux to serve 240 months in federal prison for the conspiracy as well as a consecutive 24 months for the aggravated identity theft. The total 264-month-sentence will be immediately followed by five years of supervised release. He was further ordered to pay more than $1 million in restitution.
Between Jan. 1, 2013, and Nov. 30, 2013, Comeaux engaged in a wire fraud conspiracy to unlawfully obtain cash and defraud Compass Bank, a Federal Deposit Insurance Corporation - insured institution. Comeaux and others unlawfully obtained, shared and busted out multiple credit cards for cash and shared the proceeds with each other.
Comeaux owned and operated Swagg Clothing and Comeaux Graphixx and Print’n, two businesses used in the conspiracy. He applied for and obtained PayPal and Square accounts for these businesses in order to run fraudulent cards. Comeaux would swipe, and authorize his co-conspirators to swipe, fraudulently obtained credit cards through his business terminal using credit card processors PayPal had provided. Comeaux would also swipe fraudulently obtained cards through businesses under the control of his co-conspirators, including Majix Studio and Pop Goffney. After the cards were used, the funds were deposited into bank accounts or onto debit cards under the care, custody and control of Comeaux and his co-conspirators.
Comeaux admitted to processing multiple illegitimate transactions through his business during the course of the conspiracy.
Comeaux knew the credit cards were fraudulent because they had been applied for and obtained through the use of stolen identities. There were at least 70 victims whose identities had been stolen, all senior citizens between the ages of 70 and 95, living throughout the country.
Comeaux also knew the transactions going through his processors were illegitimate as there was no exchange of goods for services. Typically, the conspirators ran the fraudulently obtained credit cards for $1,000 to $5,000 until they reached their limits. When necessary, Comeaux and his co-conspirators would fabricate and submit false information, receipts, invoices and other documentation to PayPal regarding the fraudulent transactions to further facilitate the fraud.
In total, Comeaux and his co-conspirators stole approximately $1.1 during the conspiracy.
Comeaux was ordered into custody following the hearing today.
The charges are the result of an investigation conducted by the U.S. Secret Service and U.S. Postal Inspection Service. Assistant U.S. Attorney Julie Searle is prosecuting the case.
Honduran National Charged with Illegal Entry into the United States, Kidnapping Woman in Kansas City, MissouriRead the Press Release
CAMDEN, N.J. – A Honduran national appeared in federal court today to face charges that he illegally re-entered the United States after being deported and that he kidnapped a woman in Kansas City, Missouri, and raped her while they traveled to New Jersey, U.S. Attorney Paul J. Fishman announced.
José Amaya-Vasquez, 30, is charged by criminal complaint with one count of kidnaping and one count of illegal re-entry into the United States by an alien after removal. He appeared this afternoon before U.S. Magistrate Judge Karen M. Williams in Camden federal court and was detained.
According to the complaint:
On June 7, 2014, Amaya-Vasquez was arrested in Kansas City and charged with domestic assault against the victim referenced in the complaint. After he was removed from the United States by immigration authorities on July 7, 2014, Amaya-Vasquez was caught trying to illegally enter the United States on Sept. 9, 2014. He was incarcerated for 30 days and removed from the United States on Oct. 22, 2014. On Feb. 14, 2005, he was again arrested trying to enter the country and failed to make his required July 13, 2005 immigration court appearance.
On May 23, 2015, Amaya-Vasquez met the victim in the parking lot of the Burlington Coat factory in Independence, Missouri. Amaya-Vasquez allegedly entered the victim’s vehicle, threatened her with a knife and instructed her to follow him. The victim’s two-year old child was in the vehicle. The victim followed Amaya-Vasquez to an abandoned house in Kansas City, where he allegedly raped her.
From May 24, 2015 through May 25, 2015, Amaya-Vasquez took the victim and the child towards New York. He stopped at motels in Englewood, Ohio, and Bellmawr, New Jersey, and continued to rape the victim.
On May 26, 2015, officers from the Bellmawr Police Department, acting on information from the Kansas City Police Department, located the victim in the Bellmawr motel. Amaya-Vasquez escaped from the motel as the officers approached. Later that morning, officers from Bellmawr and Mt. Ephraim, New Jersey, arrested Amaya-Vasquez a short distance from the motel. Amaya-Vasquez has been in custody in Camden County since his arrest.
The kidnapping charge carries a maximum potential penalty of life in prison. The illegal re-entry into the United States charge carries a maximum potential penalty of two years in prison.
The charges and allegations contained in the complaint are merely accusations, and the defendant is considered innocent unless and until proven guilty.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge William F. Sweeney Jr. in Philadelphia, special agents of U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO), under Newark Field Office Director John Tsoukaris, and investigators with the Camden County Prosecutor’s Office, under the direction of Prosecutor Mary Eva Colalillo, with the investigation leading to the charges. He also thanked the Kansas City Police Department and the Bellmawr Police Department for their assistance.
The government is represented by Assistant U.S. Attorney Jason Richardson of the U.S. Attorney’s Office Criminal Division in Camden.
Defense counsel: Assistant Federal Public Defender Maggie Moy Esq., Camden
Henderson Doctor Pleads Guilty to Unlawful Distribution of Controlled SubstancesRead the Press Release
LAS VEGAS, Nev. – Mahesh Kuthuru, M.D., 47, of Henderson, Nev. pleaded guilty today to unlawfully writing prescriptions for oxycodone and other highly addictive prescription painkillers, announced U.S. Attorney Daniel G. Bogden for the District of Nevada.
Kuthuru, who was indicted in October 2014, pleaded guilty to one count of distribution of a controlled substance, and is scheduled to be sentenced by U.S. District Judge Jennifer A. Dorsey, on Dec. 21, 2015, at 11:00 a.m. Kuthuru faces not more than 20 years in prison and a fine of up to $1 million.
According to the plea agreement, Kuthuru is a Nevada-licensed physician who operated a medical practice known as Desert Pain Management in Las Vegas. From July 6 to Nov.15, 2012, Kuthuru wrote prescriptions for Oxycodone, Percocet, MS Contin, Roxicodone and Methadone to undercover officers who posed as patients and who did not have a medical necessity for the drugs. During each visit, Dr. Kuthuru performed no or minimal physical exam, and failed to refer the patient to a specialist, physical therapist or other for further diagnosis.
The Centers for Disease Control and Prevention reports that since 1999, the amount of prescription painkillers prescribed and sold in the U.S. has nearly quadrupled, yet there has not been an overall change in the amount of pain that Americans report. Every day, 44 people in the U.S. die from overdose of prescription painkillers, and many more become addicted.
“We will continue to identify and prosecute bad doctors who are using their medical licenses to illegally deal drugs,” stated U.S. Attorney Bogden. “Overprescribing and falsely prescribing with no medical need leads to more abuse and more overdose deaths.”
This case is being investigated by the Nevada High Intensity Drug Trafficking Area (Nevada HIDTA) Pharm-Net Task Force, including the DEA, IRS Criminal Investigation, Las Vegas Metropolitan Police Department, Henderson Police Department, North Las Vegas Police Department, and the Nevada Division of Investigations, and is being prosecuted by Assistant U.S. Attorney Crane M. Pomerantz.
Harrisburg, Pennsylvania Man Sentenced to 13 Years in Federal Prison for Traveling with Intent to Engage in Illicit Sexual Conduct with a MinorRead the Press Release
DENVER – Matthew Hornung, age 34, of Harrisburg, Pennsylvania, was sentenced today by U.S. District Court Judge Raymond P. Moore to serve 156 months (13 years) in federal prison, followed by 10 years on supervised release, for traveling with intent to engage in illicit sexual conduct with a minor, United States Attorney John Walsh and U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) Special Agent in Charge David A. Thompson announced. The defendant, who appeared at the sentencing hearing in custody, was remanded at its conclusion.
Hornung was first charged by Criminal Complaint on March 28, 2015. He waived his right to indictment by a federal grand jury, and instead allowed the government to proceed by Information on April 20, 2015. He pled guilty before Judge Moore on June 8, 2015, and was sentenced today, October 26, 2015.
According to court documents, including the stipulated facts contained in the plea agreement, Hornung was arrested by HSI and the Colorado State Patrol on March 28, 2015, after driving from his home in Harrisburg, Pennsylvania to Colorado with the intent of having sex with children. The investigation was initiated after Hornung met an undercover special agent on line who was actually a special agent was using the persona of a single mother with children ages 10 and 14. The defendant and the special agent (using the undercover person), planned for the defendant to travel to Colorado with the intent of him having sex with the children. Hornung made it to Colorado, although his vehicle started to fail before he reached the agreed upon meeting place in Greeley. He was arrested by HSI and the Colorado State Patrol after he approached the marked CSP car for vehicle assistance and it was confirmed that he traveled to Colorado to have sex with the minor children.
“Traveling across the country in hopes of engaging in illicit sex with a minor victim is an act that shock the conscious,” said U.S. Attorney John Walsh. “This is a grave federal offense, and as demonstrated by Judge Moore, carries a lengthy prison sentence.”
"This significant prison sentence reflects the serious criminal nature of child exploitation, and the resulting permanent trauma inflicted on its young and helpless victims," said David A. Thompson, special agent in charge of HSI Denver. "Our HSI special agents are specially trained to identify, investigate and pursue prosecution against these child predators, and rescue their victims - and we take that responsibility very seriously.”
This case was investigated by HSI with assistance from the Colorado State Patrol.
The defendant was prosecuted by Assistant U.S. Attorneys Beth Gibson and Alecia Riewerts.
Guatemalan Man Convicted of Harboring Smuggled Aliens into the United StatesRead the Press Release
HOUSTON – A previously deported undocumented immigrant from Guatemala has entered a plea of guilty to harboring illegal aliens, announced U.S. Attorney Kenneth Magidson. Alberto Martinez-Vasquez, 26, was convicted today as he appeared in federal court before U.S. District Judge Vanessa Gilmore.
The case was initiated Sept. 10, 2015, when law enforcement responded to a loud notice complaint at a residence on the 9800 block of Gillman Street in Houston. The location was quickly identified as a stash house. Inside, officers observed 16 undocumented immigrants in their underwear, three of whom were women and one who was a minor.
As the officers arrived on the scene, Martinez-Vasquez attempted to flee, but was soon apprehended. Evidence showed that Martinez-Vasquez harbored the 16 undocumented immigrants at that location and charged a fee of $200 per week. He would collect their clothes upon their arrival and would not return them or permit them to leave until their family members made the required payments.
Martinez-Vasquez will remain in custody pending his sentencing hearing, set for Jan. 25, 2015. At that time, he faces up to 10 years in federal prison and a possible $250,000 fine.
The charges were the result of an investigation conducted by Homeland Security Investigations and the Houston Police Department. Assistant U.S. Attorney Adam Goldman is prosecuting the case.
Fresno Man Pleads Guilty to Laser Strike of Police HelicopterRead the Press Release
FRESNO, Calif. — Johnny Alexander Quenga, 28, of Fresno, Calif., entered a guilty plea today to aiming the beam of a laser pointer at Air 1, a Fresno Police helicopter, United States Attorney Benjamin B. Wagner announced.
In pleading guilty, Quenga acknowledged that he repeatedly struck Air 1 with a powerful green laser attached to an airsoft rifle. As a result, the airmen experienced visual interference, flash blindness, after-imaging, a persistent headache lasting several hours, and dizziness. Two Fresno Police officers, who were responding to calls to assist in the investigation of the laser incident, were also seriously hurt when their patrol vehicle was broadsided at a busy intersection in northeast Fresno.
Quenga is scheduled for sentencing before Senior U.S. District Judge Anthony W. Ishii on January 19, 2016. He faces a maximum statutory penalty of five years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. At his change of plea hearing, Quenga was remanded to the custody of the U.S. Marshals Service for failing to comply with conditions of his pretrial release.
Reports of laser attacks have increased dramatically in recent years as powerful laser devices have become more affordable and widely available to the public. In 2014, the Federal Aviation Administration received 3,894 reports of incidents involving laser strikes on aircraft. In the Eastern District of California, which encompasses 34 counties in the eastern portion of California, there were 150 reported incidents, with the majority in Bakersfield, Fresno, and Modesto. Lasers can completely incapacitate pilots who are trying to fly safely to their destination, endangering their crew members, passengers and people on the ground.
The case against Quenga was investigated by the Federal Bureau of Investigation and Fresno Police Department. Assistant U.S. Attorney Karen A. Escobar is prosecuting the case.
Four Sentenced in Smuggling Conspiracy Resulting in DeathRead the Press Release
McALLEN, Texas – A total of four people have been ordered to federal prison following their convictions related to an alien smuggling conspiracy that resulted in the death of two Guatemalan nationals, announced U.S. Attorney Kenneth Magidson.
Juan Manuel Garcia, 19, pleaded guilty to conspiracy to transport aliens and to transporting aliens resulting in death, while Julia Resendez, 33, Jose Manuel Lovato-Balleza, 24, and Eloy Mendoza Jr., 27, entered their pleas to conspiracy to harbor aliens. Resendez, Garcia and Mendoza are all residents of Sullivan City, while Lovato is a Mexican national.
Today, U.S. District Judge Randy Crane handed Garcia a total sentence of 144 months in federal prison which will be immediately followed by three years of supervised release. Resendez and Lovato-Balleza received respective sentences of 24 and 78 months, while Mendoza will serve a 108-month-term. At the hearing, the court ordered Mendoza and Garcia to pay restitution to the Guatemalan government in the amount of approximately $6,800. During the sentencing of Garcia, the court noted the frequent occurrences of rollovers in the area, the media reporting on them and that Garcia should have known the rollover was possible.
On Oct. 2, 2014, U.S. Border Patrol (BP) agents observed a truck appear to be transporting illegal aliens near Sullivan City. Garcia was driving and attempted to evade agents. He soon lost control of the vehicle on a caliche road, hitting an embankment and ejecting the majority of his passengers. BP agents responded immediately and observed Garcia and 11 illegal aliens at the scene of the rollover where one female Guatemalan national was found deceased. The majority of the other aliens had severe injuries and had to be hospitalized. Within a few days, a male Guatemalan national passed away as a result of his injuries sustained in the rollover.
Based on their investigation, law enforcement was able to determine that the aliens involved in the rollover had been harbored in two alien stash houses located in Sullivan City. Agents discovered 15 aliens at a house on Huisache Street and another 16 were being harbored at a house on Ebony Street. Mendoza and Lovato were determined to be the caretakers of the aliens found in the Huisache house, while Resendez was the caretaker in the Ebony house. Two of the aliens that Resendez was harboring were visibly injured and admitted to being in the rollover and fleeing afterwards. Both of these aliens indicated that they had been harbored by Mendoza and Lovato at the Huisache residence prior to the rollover.
The defendants will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future
The charges are the result of an investigation by Homeland Security Investigations, BP and the Texas Department of Public Safety. Assistant U.S. Attorney David A. Lindenmuth is prosecuting the case.Former St. Louis Assistant Prosecutor Pleads Guilty to Concealing Police Officers’ Assault of ArresteeRead the Press Release
A former prosecutor for the St. Louis Circuit Attorney’s Office pleaded guilty in federal court today to concealing her knowledge of St. Louis Metropolitan Police Department (SLMPD) officers’ assault upon an arrestee, announced U.S. Attorney Tammy Dickinson of the Western District of Missouri and Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division.
Bliss Barber Worrell, 28, of Clayton, Missouri, pleaded guilty before U.S. District Judge Henry E. Autrey of the Eastern District of Missouri to misprision of a felony.
Worrell admitted that she failed to notify authorities that on July 22, 2014, police officers assaulted an arrestee in their custody, and that she took an affirmative step to conceal the felony. Worrell also admitted that she filed charges without disclosing knowledge of the assault to her colleagues, supervisors or the judge assigned to setting a bond. She admitted that she allowed the charges to stand despite later learning that the facts that made out the charge of attempted escape were fabricated to cover for injuries the arrestee sustained during the assault.
“Prosecutors are trusted to exercise discretion in enforcing the law and are charged above all with doing justice in a fair and impartial manner,” said Principal Deputy Assistant Attorney General Gupta. “In this instance, the defendant ran afoul of her obligation to uphold the Constitution, and must therefore be held to answer for her actions.”
“An officer of the court allowed her friendship with a police officer to eclipse her public obligation to uphold justice,” said U.S. Attorney Dickinson. “This remains an ongoing investigation that extends farther than this defendant’s role in covering up an egregious civil rights violation.”
Worrell served as an assistant circuit attorney (ACA) in the St. Louis Circuit Attorney’s Office Misdemeanor Division from August 2013 through July 2014. In that capacity, she prosecuted criminal violations of Missouri state statutes on behalf of the state of Missouri. One of her duties was to make determinations as to whether there was probable cause that an individual committed a crime, based on evidence provided to her by law enforcement and/or civilian witnesses.
According to today’s plea agreement, Worrell developed a close friendship with a veteran officer of the SLMPD, who is not identified in court documents. On July 22, 2014, the officer informed Worrell that an individual, identified as M.W., was arrested at Ballpark Village by another officer for possessing the veteran officer’s daughter’s credit card. On July 23, 2014, the veteran officer provided Worrell with additional details and told Worrell that he had thrown M.W. against a wall, beat him up, thrown a chair at him and “shoved [his] pistol down the guy’s throat.” After the conversation, Worrell met the arresting officer who confirmed that M.W. was found with stolen credit cards, and that M.W. had resisted arrest and attempted to flee.
Working with a new ACA, Worrell issued charges against M.W. herself, including charges for resisting and attempting to escape, despite knowing that she should wait for an ACA without personal knowledge of the case to become available. Worrell concealed her knowledge that M.W. had been assaulted at the police station.
After issuing the charges, Worrell had another conversation with the veteran officer and learned that the attempted escape charge was fabricated. Worrell concealed this information from her supervisors, allowing the charge to stand.
This case is being investigated by the FBI’s St. Louis Division. The case is being prosecuted by First Assistant U.S. Attorney David M. Ketchmark of the Western District of Missouri, who has been appointed as Special Attorney to the U.S. Attorney General, and Trial Attorney Fara Gold of the Civil Rights Division. The U.S. Attorney’s Office of the Western District of Missouri is prosecuting this case with the Civil Rights Division due to the recusal of the U.S. Attorney’s Office of the Eastern District of Missouri.
Worrell Plea Agreement
Former Employee of NSA Subcontractor Pleads Guilty to Filing False TimesheetsRead the Press Release
AUGUSTA, GA: Jesse James Anderson, 34, of Augusta, Georgia pled guilty earlier this week to an information charging him with making false statements, in violation of 18 U.S.C. § 1001. The false statements concerned the number of hours he worked for a National Security Agency (“NSA”) subcontractor.
According to evidence presented during the guilty plea hearing, Anderson worked as a linguist for an NSA subcontractor from February 1, 2012 to January 31, 2014. During this time, Anderson submitted numerous timesheets falsely stating the number of hours he had worked. In total, Anderson claimed he worked 736.25 more hours than he actually did, which caused the United States to pay out $69,276.55 more than was actually owed.
United States Attorney Edward J. Tarver said, “False claims submitted to the United States for payments not owed is theft and should be punished to the full extent of the law. Protecting taxpayer money is a top priority for this United States Attorney’s Office.”
Anderson faces a maximum penalty of 5 years in prison and a $250,000.00 fine. In addition, the Court can order Anderson to pay restitution in the amount of $69,276.55.
NSA Office of Inspector General Investigator Kristen M. McGrath conducted the investigation which led to the information and plea. Assistant United States Attorney C. Troy Clark is prosecuting the case on behalf of the United States. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
Former Davis, Ill. Resident Pleads Guilty to Failure to Register as A Convicted Sex OffenderRead the Press Release
ROCKFORD — A former Davis, Ill. resident pleaded guilty today before U.S. District Judge Frederick J. Kapala to a charge of failure to register under the federal Sex Offender Registration and Notification Act (“SORNA”). MARK STEPHEN CURTIS, 29, who moved from North Carolina to Davis, Ill. during September 2014, admitted in a written plea agreement that he was a sex offender required to register in Illinois under SORNA. According to the plea agreement, Curtis remained a resident in Davis, Ill. until at least Oct. 19, 2014, but did not register as a sex offender as required, despite knowing that he needed to register within three days of moving to a new state.
Curtis faces a maximum sentence of 10 years’ imprisonment, a term of supervised release following imprisonment of at least 5 years and up to life, and a fine of up to $250,000. Sentencing for Curtis is set for Feb. 2, 2016, at 2:30 p.m.
The guilty plea was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois, and Roberto Robinson, Acting United States Marshal for the Northern District of Illinois.
The government is represented by Assistant U.S. Attorney Michael D. Love.
Plea Agreement
Former Chief Clerk of the Chatham County Probate Court Sentenced to 6 Years in Prison for over $750,000 in Theft from Probate CourtRead the Press Release
SAVANNAH, GA –KIM H. BIRGE, 61, the former Chief Clerk of the Chatham County Probate Court, was sentenced Friday by United States District Court Judge William T. Moore, Jr. to serve 6 years in federal prison for a scheme to steal money that was entrusted to the Probate Court. Birge pled guilty in July to mail fraud.
According to the allegations contained in the indictment and testimony presented in during court proceedings, between January 2011 and November 2014, Birge embezzled and stole more than $750,000 from the Probate Court’s bank accounts. Birge would deposit funds sent to the Probate Court for conservatorships into the Court’s bank accounts, but then wrote 342 checks payable to cash out of those accounts for her personal benefit.
United States Attorney Edward Tarver stated, “The victims in this case entrusted the probate court to keep money they were entitled to safe and secure. Sadly, for years the defendant was stealing and spending that money. Thanks to the investigative efforts of our law enforcement partners, she is now being held accountable for her crimes. The United States Attorney’s Office remains committed to prosecuting corruption at every level of government and will not tolerate abuse of the public’s trust.”
Glen M. Kessler, Resident Agent in Charge of the United States Secret Service, stated “Real people were harmed here. Using the guise of her position, this defendant pilfered the probate court accounts for her own use, but the victims she left behind will suffer for her actions for years to come. The U.S. Secret Service and our law enforcement partners will continue to root out fraud regardless of where it is found.”
The investigation of the Birge case was jointly conducted by the United States Secret Service and the Savannah Chatham Metropolitan Police Department. Assistant United States Attorneys Brian Rafferty and Scarlett S. Nokes prosecuted the case on behalf of the United States. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
Former BVU Official, Bristol Mayor Pleads GuiltyRead the Press Release
ABINGDON, VIRGINIA – The former Mayor of Bristol, Virginia and a former member of the Board of Directors of Bristol Utilities Authority (BVU), pled guilty today in the United States District Court for the Western District of Virginia in Abingdon to charges related to the illegal sale of NASCAR tickets.
Paul Hurley, 74, of Bristol, Va., was a member of the Board of Directors for BVU from 2009-2014. Prior to that, the defendant was a member of the Bristol, Virginia Economic Development Committee and also served as both a member of the Bristol, Virginia City Council and as the city’s Mayor. Today in District Court, Hurley waived his right to be indicted and pled guilty to two-count Information charging him with one count of mail fraud and one count of lying to a Federal grand jury.
“Mr. Hurley abused his position of trust with the Bristol Virginia Utilities Authority for his own personal benefit and then lied to the grand jury to cover up his crimes,” United States Attorney Anthony P. Giorno said today. “This is a sad and tragic case where an individual with a history of public service has, by his actions, forfeited his job, his reputation, his standing in the community and potentially his freedom for a few thousand dollars. I commend the efforts of the investigating agencies that led to these convictions, which should serve as a warning to others that criminal conduct by white collar professionals will not be tolerated.”
“The oath pledged for committing oneself to public service and that of one sworn before a federal grand jury is no different; both expect behavior beyond reproach, integrity when faced with dilemmas and consequences when either is breached,” Adam S. Lee, Special Agent in Charge of the FBI’s Richmond Division said today. “Mr. Hurley will soon face consequences, not yet determined by the courts, for his repeated behavior of using property owned by BVU for his personal gain and then lying about it, while under oath, to a federal grand jury. Public corruption remains the Bureau’s top criminal priority, and we encourage citizens to report unethical and illegal activity to law enforcement as soon as they become aware.”
According to evidence presented at today’s guilty plea hearing by Assistant United States Attorney Zachary Lee, and an agreed upon statement of facts filed with the court, between 2009 and 2014 the defendant served as the chairman of the City of Bristol’s Economic Development Committee. Acting in that role, Hurley obtained NASCAR tickets for two annual races held in Bristol, Va. Those tickets were purchased by BVU at Hurley’s request, for what he said would be used for “economic development” purposes.
Hurley claimed the tickets purchased for him by BVU would be given, free of charge, to representatives of business who showed an interest in re-locating businesses to Bristol, Virginia. However, Hurley admitted today that he lied when he claimed the tickets would be used for economic reasons and instead he sold those NASCAR tickets to friends, ticket scalpers and others, all for his own personal, financial benefit.
In all, Hurley sold at least 50 NASCAR tickets provided to him free of charge for economic purposes by BVU. The value of the tickets sold by Hurley was more than $5,000.
On July 20, 2015, Hurley appeared as a witness before a federal grand jury investigating practices at BVU. Hurley, being a former Chairman of the Board of the Directors of BVU, was called as a witness to determine if he had knowledge or involvement in corruption at BVU, specifically regarding the purchasing of NASCAR tickets by the utilities authority. After being placed under oath, Hurley made false declarations to the grand jury in response to questions regarding the practice of BVU purchasing and distributing NASCAR tickets, including his own actions relating to his use of tickets for economic development purposes. When specifically asked if he ever sold the tickets, Hurley said “I don’t recall that.”
At sentencing, Hurley faces a maximum possible penalty of up to 20 years in Federal prison on the mail fraud charge and a maximum possible penalty of up to five years in Federal prison on the perjury charge. The defendant has also agreed to pay $5,000 in restitution to Bristol Virginia Utilities Authority and to forfeit an additional $10,000.
The investigation of the case, which remains ongoing, is being conducted by the Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigation. Assistant United States Attorney Zachary Lee will prosecute the case for the United States.
Federal Jury Convicts Eagle Pass Brothers for Role in Cocaine Distribution ConspiracyRead the Press Release
Late Friday in Del Rio, a federal jury convicted 36–year-old Xavier Cardona and his 32-year-old brother, Michael Cardona of distributing approximately two kilograms of cocaine in the Eagle Pass, TX, area announced United States Attorney Richard L. Durbin, Jr., Federal Bureau of Investigation (FBI) Special Agent in Charge Christopher Combs, San Antonio Division, Drug Enforcement Administration Special Agent in Charge Joseph M. Arabit, Houston Division, and Acting Homeland Security Investigations (HSI) Special Agent in Charge Mark Dawson, San Antonio.
Jurors found the brothers, owners of Real Street Paint and Body Shop in Eagle Pass, guilty of conspiracy to possess with intent to distribute over 500 grams of cocaine. They also found Michael Cardona guilty of possession with intent to distribute less than 500 grams of cocaine.
Evidence presented in trial revealed that from January 2009 until April 2014, the Cardonas used Real Street Paint and Body Shop and Michael’s residence to sell cocaine and launder drug proceeds. The Cardona brothers used the proceeds from their cocaine distribution to fuel their lifestyle of custom built modified cars that they showed at various car shows in Texas and to buy and remodel homes. During recorded phone calls played at trial, Michael Cardona stated that he provided cocaine to other dealers already packaged and cut so that it would move more quickly. Testimony and evidence showed that the Cardonas also employed firearms in their drug trafficking business. A search of the residences of both brothers resulted in the seizure of $162,795 in currency, approximately 160 packages of cocaine ready for distribution and five weapons.
The Government is seeking the criminal forfeiture in this case of property owned by the defendants including Michael Cardona’s residence located on Roosevelt Street in Eagle Pass as well as five firearms and an assortment of ammunition, magazines and firearm accessories. Those items, along with two vehicles and the U.S. Currency which have already been forfeited to the Government, were seized by federal authorities as a result of related search warrants executed in April 2014.
Both defendants have remained in federal custody since their arrests on April 23, 2014.
Both defendants face between five and 40 years in federal prison on the drug conspiracy charge. Michael Cardona also faces up to 20 years in federal prison on the drug possession charge. Sentencing is scheduled for June 13, 2016, before United States District Judge Alia Moses in Del Rio.
The case resulted from a joint investigation by the Federal Bureau of Investigation, the Drug Enforcement Administration, Homeland Security Investigations and United States Border Patrol. Also assisting in the investigation was the Texas Department of Public Safety - Criminal Investigations Division. Assistant United States Attorneys Ralph Paradiso, Lewis Thomas and Diana Cruz-Zapata are prosecuting this case on behalf of the Government.
Essex County, New Jersey, Man Sentenced to 114 Months for Armed CarjackingRead the Press Release
NEWARK, N.J. – An Irvington, New Jersey, man was sentenced today to 114 months in prison for brandishing a firearm while stealing a car in Newark, U.S. Attorney Paul J. Fishman announced.
Raheem Sylla, 24, of Irvington, New Jersey, previously pleaded guilty before U.S. District Judge Esther Salas to an information charging him with one count of theft of a motor vehicle by force, violence, and intimidation, and one count of use of a firearm in furtherance of a crime of violence. Judge Salas imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:
During the early morning of Sept. 22, 2014, Sylla and a conspirator allegedly approached a 2000 Chevrolet Tahoe parked on a Newark street. Sylla went to the front driver’s window of the Tahoe, pointed a firearm at the driver’s chest and ordered the driver out of the car. The other conspirator approached the front passenger’s side window of the Tahoe and ordered the other passenger out of the car. Sylla and the other male then entered the car and fled.
In addition to the prison term, Judge Salas sentenced Sylla to three years of supervised release.
U.S. Attorney Fishman credited special agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives under the direction of Special Agent in Charge George P. Belsky; the Newark Police Department, under the direction of director Eugene Venable and Chief Anthony Campos; the Rutgers University Police Department, under the direction of Executive Director of Police Services Kenneth Cop; and the Essex County Prosecutor’s Office, under the direction of Acting Essex County Prosecutor Carolyn A. Murray; as well as criminal investigators from the U.S. Attorney’s Office in Newark with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Svetlana M. Eisenberg of the U.S. Attorney’s Office Criminal Division in Newark.
During Jury Selection Today Ft. Smith, Arkansas Man Pleads Guilty to Transporting Women for ProstitutionRead the Press Release
In Waco, 23-year-old Emmanuel Bailey of Ft. Smith, Arkansas, faces up to ten years in prison after pleading guilty this morning to admitting to transporting an individual across state lines for the purposes of prostitution announced, United States Attorney Richard L. Durbin, Jr.
During jury selection before United States District Judge Walter S. Smith, Jr., Bailey pleaded guilty to one count of the Mann Act. By pleading guilty, Bailey admitted he knowingly transported an individual in interstate commerce, from Arkansas to Texas, with the intent that such individual engage in prostitution.
On June 8, 2015, Bailey was identified in the parking lot of a Waco Motel, dropping off a female who had agreed to have sexual intercourse with an undercover McLennan County Sheriff’s Office Detective, for money. The investigation determined that Bailey and the individual had traveled to several Texas cities, as well as Louisiana and Arkansas, utilizing an internet site for the purposes of prostitution.
Bailey has remained in custody since his arrest on June 8, 2015. Sentencing is scheduled for January 6, 2016, before Judge Smith in Waco.
The case resulted from an investigation being led by the McLennan County Sheriff’s Office, with assistance from Homeland Security Investigations, Federal Bureau of Investigation, Ft. Smith (AR) Police Department, St. Louis County (MO) Police Department, and the United States Attorney’s Offices for the Western District of Arkansas and Eastern District of Missouri.
This case is being prosecuted by Assistant United States Attorney Mary Kucera.
Department of Justice and Federal Trade Commission Support Reform of Virginia Laws that Curb Competition, Limit Consumer Choice, and Stifle Innovation for Health Care ServicesRead the Press Release
Agencies Submit Joint Statement Regarding Virginia Certificate-of-Need Laws for Health Care Facilities
The Department of Justice’s Antitrust Division and the Federal Trade Commission have recommended that Virginia reform its laws regulating the building of hospitals and the process of health care services.
In response to a request by Kathy Byron, a Virginia state delegate, the joint statement submitted to the Virginia Certificate of Public Need Work (COPN) Group suggests the state consider whether its COPN program best serves the needs of its citizens.
“The evidence suggests that certificate-of-need laws have not served consumers well,” said Assistant Attorney General Bill Baer of the Justice Department’s Antitrust Division. “They raise the cost of investment in new health care services and can shield incumbents from competition that would benefit consumers and lower costs. By reexamining the certificate-of-need process state policymakers have an opportunity to invigorate competition in this important sector, to the benefit of patients, employers and other health care consumers.”
Although Certificate-of-Need (CON) laws vary considerably by state, these laws, including Virginia’s COPN laws, typically require certain healthcare providers to obtain state approval before expanding, establishing new facilities or services or making certain large capital expenditures.
According to the joint statement, the Department of Justice and FTC historically have urged states to consider repeal or reform of their CON laws because they can prevent the efficient functioning of health care markets that may harm consumers. CON laws have created barriers to expansion, limited consumer choice and stifled innovation.
Incumbent providers may use CON laws when seeking to stop or delay entry by new competitors. CON laws can also deny consumers the benefit of an effective remedy for antitrust violations and can facilitate anticompetitive agreements.
DeKalb County, Georgia, Sheriff’s Captain Charged with Encouraging Excessive Force at County Jail and Obstruction of JusticeRead the Press Release
Leonard Dreyer, a captain with the DeKalb County, Georgia, Sheriff's Office, has been indicted by a federal grand jury in the Northern District of Georgia on charges of encouraging Dwight Hamilton, a former corrections officer, to use excessive force against an inmate at the DeKalb County Jail and for attempting to obstruct justice by persuading officers who witnessed the incident to write false reports. Dreyer was also charged with obstructing justice by making false statements to an FBI agent investigating the allegations.
Dreyer, 50, of Decatur, Georgia, was arraigned today. He was indicted by a federal grand jury on Oct. 20, 2015.
Hamilton, who was indicted earlier this year for using excessive force and writing false reports, has been charged in the same indictment with additional counts of excessive force and obstruction of justice.
According to the indictment and other information presented in court: Dreyer began working for the DeKalb County Sheriff’s Office in 2004 and worked as a supervisor in the jail from 2010 to 2012. Hamilton worked in the jail from 2005 to 2012. In 2011 and 2012, Hamilton, who was supervised by Dreyer, tased inmates without justification, many of them multiple times, in five separate incidents during his time at the jail. The inmates suffered injuries as a result of the tasing. The superseding indictment charges that in all five instances, Hamilton used excessive force and thereby violated the inmates’ Constitutional rights.
Following four of the five tasing incidents, Hamilton wrote a false report with the intent of impeding, obstructing and improperly influencing the investigation. In the first report, Hamilton falsely reported that the victim “made a step toward” Hamilton immediately before Hamilton tased him.
In another report, Hamilton falsely wrote that the victim failed to comply with Hamilton’s commands before Hamilton tased him. Before one of the five incidents, Dreyer directed Hamilton to tase an inmate who was mouthing off to him. After Hamilton repeatedly tased the inmate without legal justification, Dreyer encouraged three witness officers to write false reports that were favorable to Hamilton and would justify the tasing. During the federal investigation of the incident, Dreyer also made false statements to an FBI agent.
Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the FBI. This case is being prosecuted by Assistant U.S. Attorney Brent Alan Gray of the Northern District of Georgia and Trial Attorney Christopher Perras of the Civil Rights Division.
Dreyer Superseding Indictment
DeKalb County Sheriff’s Captain Charged with Encouraging Excessive Force at County Jail and Obstruction of JusticeRead the Press Release
ATLANTA – Leonard Dreyer, a Captain with the DeKalb County Sheriff's Office, has been arraigned on charges of encouraging former Corrections Officer Dwight Hamilton to use excessive force against an inmate at the DeKalb County Jail and for attempting to obstruct justice by persuading officers who witnessed the incident to write false reports. Dreyer was also charged with obstructing justice by making false statements to an FBI agent investigating the allegations.
Hamilton, who was indicted earlier this year for using excessive force and writing false reports, has been charged in the same indictment with additional counts of excessive force and obstruction of justice.
“What’s most troubling about this investigation is that a supervisor is alleged to have played a significant role in the commission of these crimes,” said U.S. Attorney John Horn. “We recognize that detention officers – and their supervisors – have a difficult job as they maintain order and protect inmates in our county jails and prisons. But under no circumstances can we allow a detention officer to abuse his power by participating in violent assaults on inmates, nor can we stand by and allow that officer to file false reports to cover up such an incident.”
“Leadership sets the tone at any law enforcement agency. The allegations contained in these charges against Dekalb County Sheriff’s Captain Dreyer are disheartening because it was his role to ensure that rules were followed, that inmates were treated humanely, and that their basic civil rights were not violated. Instead, the allegations indicate that Captain Dreyer used his position to influence or encourage others at the Dekalb County Jail to violate those rules and those rights, to include the tasing of inmates,” said J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office.
According to U.S. Attorney Horn, the indictment, and other information presented in court: Dreyer began working for the DeKalb County Sheriff’s Office in 2004 and worked as a supervisor in the jail from 2010 to 2012. Hamilton worked in the jail from 2005 to 2012. In 2011 and 2012, Hamilton, who was supervised by Dreyer, used his Taser multiple times on inmates without justification. The inmates suffered injuries as a result of the tasing. The superseding indictment charges that in all five instances, Hamilton used excessive force and thereby violated the inmates’ constitutional rights.
Following four of the five tasing incidents, Hamilton wrote a false report with the intent to impede, obstruct and improperly influence the investigation. In the first report, Hamilton falsely reported that the victim inmate “made a step toward” Hamilton immediately before Hamilton tased him.
In another report, Hamilton falsely wrote that the victim inmate failed to comply with Hamilton’s commands before Hamilton tased him. Before one of the five incidents, Dreyer directed Hamilton to tase an inmate who was mouthing off to him. After Hamilton repeatedly tased the inmate without legal justification, Dreyer encouraged three witness officers to write false reports that were favorable to Hamilton and that would justify the tasing. During the federal investigation of the incident, Dreyer also made false statements to an FBI agent.
Leonard Dreyer, 50, of Decatur, Georgia, was indicted by a federal grand jury on October 20, 2015.
Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the Federal Bureau of Investigation.
Assistant U.S. Attorney Brent Alan Gray and DOJ Civil Rights Division Trial Attorney Christopher Perras are prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Cultivation of Marijuana on Public LandsRead the Press Release
FRESNO, Calif. — Two men from Michoacán, Mexico faced court action today for their involvement in growing marijuana in national forests, United States Attorney Benjamin B. Wagner announced.
In the first case, Jose Antonio Reyna-Chavez (Reyna), 20, of was sentenced today to six years in prison for conspiring to manufacture, distribute, and possess with intent to distribute marijuana and possessing a firearm in furtherance of a drug trafficking crime. Upon completion of his prison term, Reyna is subject to deportation to Mexico.
On August 10, 2015, Reyna pleaded guilty to his involvement in the cultivation of 1,539 marijuana plants in the Blue Canyon area of the Sierra National Forest. He also acknowledged that he possessed a firearm in furtherance of the drug conspiracy. The cultivation operation was close to recreation areas. According to court documents, law enforcement officers found growing plants, processed marijuana, an AK-47 style assault rifle with a loaded high-capacity magazine, and a 12 gauge pump-action shotgun. The marijuana cultivation caused significant damage to the land and natural resources of the forest. Six large helicopter-net loads of material and debris, including fertilizer, propane tanks, and poisons, were removed from the forest. Reyes was ordered to pay $10,093 to the U.S. Forest Service to compensate it for the cleanup costs.
This case was the product of an investigation by the U.S. Forest Service, the California National Guard, and Fresno County Sheriff’s Office.
In the second case, Antonio Garcia-Villa (Garcia), 46, pleaded guilty today to conspiring to manufacture, distribute and possess with intent to distribute marijuana and possessing firearms in furtherance of a large-scale cultivation operation.
According to court documents, Garcia was paid to tend and water about 8,596 marijuana plants near Little Poso Creek in the Sequoia National Forest. To facilitate the cultivation activities, Garcia possessed a loaded rifle and handgun. The cultivation activities caused extensive damage to the land and natural resources. Native trees and plants were cut down and steep hillsides were terraced to plant the marijuana. Pesticides, including malathion, fertilizer, water lines, trash, clothing and camping equipment were scattered throughout the site. Garcia has agreed to reimburse the U.S. Forest Service for the cleanup costs.
Garcia is scheduled for sentencing on January 19, 2016, before Senior U.S. District Judge Anthony W. Ishii. Garcia faces a maximum statutory penalty of 20 years in prison and a $1 million fine for the drug conspiracy and a mandatory minimum consecutive term of five years in prison for the firearm charge. The actual sentence will be determined at the discretion of the court after consideration of any applicable statutory sentencing factors and the Federal Sentencing Guidelines, which take into account a number of variables. Garcia also faces deportation to Mexico upon completion of any prison term imposed.
This case is the product of an investigation by the U.S. Forest Service, Kern County Sheriff’s Office, and the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Assistant United States Attorney Karen Escobar is prosecuting both cases.
Culloden man pleads guilty to Federal heroin distributionRead the Press Release
HUNTINGTON, W.Va. – A Culloden man who sold heroin and assisted others in selling heroin from his home pleaded guilty today in federal court in Huntington, announced United States Attorney Booth Goodwin. Sanford Dale Cremeans, 45, pleaded guilty to distributing heroin, admitting that on December 2, 2014, he sold heroin to a confidential informant working at the direction of the Huntington FBI Drug Task Force. The drug deal took place at Cremeans’ home at 2246 3rd Street in Culloden, West Virginia. Cremeans also admitted that he assisted in the sale of heroin from his home on numerous other occasions and was responsible for the distribution of up to 100 grams of heroin.
Cremeans faces up to 20 years in federal prison, and is schedule to be sentenced on January 25, 2016.
The Huntington FBI Drug Task Force and Cabell County Sheriff’s Department conducted the investigation. Assistant United States Attorney Joseph F. Adams is in charge of the prosecution.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Concord Man Pleads Guilty to Firearm ChargeRead the Press Release
CONCORD, NEW HAMPSHIRE - Nicholas Ethier, 36, of Concord, New Hampshire, appeared in United States District Court today and entered a guilty plea to one count of possession of a firearm by a prohibited person in violation of federal law, announced Acting United States Attorney Donald Feith.
On January 28, 2015, Ethier got into an argument with another individual and discharged a weapon out the front door of a residence in Concord, New Hampshire. No one was harmed in the incident. The Bureau of Alcohol Tobacco and Firearms classified the weapon Ethier possessed and fired as a .32 caliber machine gun. The Concord Police Department obtained a search warrant for Ethier’s apartment and found ammunition in the residence. Ethier was prohibited from possessing a firearm or ammunition because he was previously convicted of reckless conduct, a felony punishable by imprisonment for a term exceeding one year. Ethier faces a maximum sentence of ten years in prison and criminal fines of up to $250,000. Sentencing is presently scheduled for February 16, 2016.
This case was investigated by the Concord Police Department and the Bureau of Alcohol Tobacco and Firearms. The case is being prosecuted by Assistant United States Attorney Georgiana L. Konesky.
Cockeysville Youth Group Volunteer Sentenced to Five Years in Prison for Distribution of Child PornographyRead the Press Release
Baltimore, Maryland – U.S. District Judge Richard D. Bennett sentenced Gregory Wayne Gibson, age 63, of Cockeysville, Maryland, today to five years in prison, followed by 20 years of supervised release, for distribution of child pornography. Judge Bennett also ordered that Gibson must register as a sex offender in the place where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
For the past three to four years, Gibson was a volunteer youth group leader at a church in Baltimore County, working with children ages nine through eighteen. Gibson also assisted with childcare at his wife’s unlicensed home daycare, which included infants.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Kevin Perkins of the Federal Bureau of Investigation; Special Agent in Charge Andre Watson of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Chief James W. Johnson of the Baltimore County Police Department; and Baltimore County State’s Attorney Scott Shellenberger.
According to Gibson’s plea agreement, he collected and distributed child pornography. In July 2014, a detective from the Baltimore County Police Department (BCPD) downloaded a file containing child pornography that Gibson had made available using a file sharing program. The video file depicted a prepubescent female engaged in sexually explicit conduct with an adult male. On February 24, 2015, a BCPD detective again downloaded a video file made available by Gibson using a file sharing program, which depicted a minor female engaging in sexually explicit conduct. On April 16, 2015, a search warrant was executed at Gibson’s residence and at his employer’s location in Baltimore City. During the searches, investigator’s seized Gibson’s laptops and external hard drives, as well as two flash drives, all of which contained images and/or videos of child pornography.
Gibson voluntarily spoke to investigators and admitted using file sharing software to download child pornography. Child pornography was found during a forensic examination of Gibson’s laptops, external hard drives and flash drives, including the videos downloaded by the BCPD detectives during the investigation. The electronic media contained in excess of 260,000 images and videos. A preliminary review revealed that the majority of those files depicted minors engaging in sexually explicit conduct. There were also a significant number of images of child erotica and of images and videos depicting infants and toddlers engaging in sex acts with adults, including images and videos depicting bondage and other acts.
The forensic analysis of the digital evidence seized from Gibson’s residence and place of employment revealed that Gibson was acquiring images of child pornography as recently as five days before the state search warrant was executed.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about internet safety education, please visit www.justice.gov/psc and click on the "resources" tab on the left of the page.
United States Attorney Rod J. Rosenstein commended the FBI, HSI Baltimore, the Baltimore County Police Department and Baltimore County State’s Attorney’s Office for their work in the investigation and prosecution. Mr. Rosenstein thanked Assistant U.S. Attorney Paul E. Budlow, who prosecuted the case.
Cleveland Thermal to replace three coal‑fired boilers with new natural gas-fired boilers under terms of proposed consent decreeRead the Press Release
Cleveland Thermal LLC will replace three coal‑fired boilers with new natural gas-fired boilers which will significantly reduce sulfur dioxide emissions under the terms of a settlement reached between the company and federal authorities, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio.
“This agreement will improve the air quality for those who live, work and play in Cleveland,” Dettelbach said. “It will help our collective health while bringing a local company in compliance with the law.”
The U.S. Attorney’s Office, acting on the request of the U.S. Environmental Protection Agency, filed a complaint and proposed consent decree.
U.S. EPA Region 5 Administrator Susan Hedman said: “This settlement will protect Cleveland residents from air pollutants that are especially harmful to children, older people and those with asthma.”
Cleveland Thermal owns and operates a facility on Canal Road that houses three coal-fired boilers that generate steam for distribution to customers in downtown Cleveland. In the complaint, the United States alleges that Cleveland Thermal undertook major modifications to two boilers, in 2005 and 2006, but failed to obtain the necessary permits and use the best available control technology for sulfur dioxide and achieve the lowest emission rate for nitrogen oxides.
According to the complaint, significant amounts of excess sulfur dioxide and nitrogen oxides have been and continue to be released into the air. These pollutants harm public health and the environment, contributing to premature mortality, asthma attacks, acid rain, smog and other adverse effects.
Under the proposed consent decree, Cleveland Thermal will shut down the two coal-fired boilers that are the subject of the complaint. Cleveland Thermal also will shut down the remaining coal-fired boiler in its system as well as three fuel oil-fired boilers located at its facility on Hamilton Avenue.
Cleveland Thermal will replace the lost capacity with new natural gas-fired boilers, one of which will begin operation by the end of November. Cleveland Thermal also will have the option to install and operate a new natural gas-fired cogeneration facility, according to the proposed consent decree.
The injunctive relief is estimated to cost $16 million and sulfur dioxide emissions are estimated to be reduced by approximately 900 tons per year.
Cleveland Thermal will pay a penalty of $75,000 and perform an Environmental Mitigation Project worth $350,000.
The consent decree, lodged in the U.S. District Court for the Northern District of Ohio, is subject to a 30-day public comment period and court approval. The consent decree will be available for viewing at www.justice.gov/enrd/Consent_Decrees.html.
Cartel Connected Kidnappers Found Guilty on All CountsRead the Press Release
Contact Person: JD Rowell (803) 929-3000
Columbia, South Carolina ---- United States Attorney Bill Nettles stated today that a federal jury in Columbia South Carolina needed only 45 minutes on Friday, October 23, 2015, to convict Juan Fuentes-Morales and Ruben Ceja-Rangel on 8 charges related to the armed abduction of a St. Mathews man that occurred in July of 2014. Evidence presented during the trial established that Ruben Ceja-Rangel (age 58) traveled from his home in Groveland, Florida in early June or July of 2014, for the purpose of conspiring with Juan Fuentes-Morales (age 27) to kidnap the victim from St. Mathews, South Carolina. During the trial evidence was presented that the victim was forcibly taken from his truck in the early morning hours of July 14, 2014 at gunpoint by Ceja-Rangel. Ceja-Rangel and another co-defendant then blindfolded and transported the victim to a residence near Garland, NC, where the victim was held for several hours at gunpoint. The victim testified that at one point, he attempted to escape and Juan Fuentes-Morales struck him and pointed a .25 caliber gun at the victim's head. Evidence presented proved that around 8:00 pm, the victim was moved from Garland to a residence located near Rosoboro, NC on Highway 210.
While held at the second location, the victim was blindfolded and chained to a workout bench, where he was made to lay on the floor from July 9, 2015, until his rescue by the FBI on July 15, 2014. In the early morning hours of July 15, 2014, a compliment of the Charlotte, NC FBI SWAT Team executed a search warrant at the Highway 210 residence near Roseboro. When the SWAT team made entry, they located the victim chained up and blindfolded on the floor. Ruben Ceja-Rangel attempted to run out of the back of the residence but he was quickly detained by FBI Charlotte SWAT operators.
Prior to locating the victim, Operators with the FBI's Hostage Rescue Team (HRT) executed a search warrant at 5363 Old Fayetteville Road, Garland NC. During the execution of this search warrant, agents located a cellular phone that Juan Fuentes-Morales used during the kidnapping to communicate with individuals in Mexico who were demanding a ransom for the victim's return. Agents also located a .25 caliber pistol that Fuentes-Morales had used to hold the victim during his initial abduction on July 9, 2014.
Evidence presented at trial proved that the victim's father owed a drug debt to members of a Mexican Drug Trafficking organization, or cartel, related to the father's inability to sell over 200 pounds of marijuana. Jurors heard multiple phone calls that were recorded by FBI hostage negotiators, wherein the Mexican drug traffickers threatened to gouge out the victim's eyes and ultimately kill him if the father did not pay the ransom.
Ceja-Rangel and Fuentes-Morales were convicted of conspiracy to commit kidnapping, kidnapping, hostage taking, brandishing firearms in furtherance of crimes of violence and lying to the FBI. Ceja-Rangel was also convicted of possession of a firearm by a convicted felon. The defendants face a statutory mandatory minimum 32 years on the firearms charges alone, and could face potential life sentences on the kidnapping and hostage taking charges. A sentencing hearing will be held after a presentencing report is prepared by the United States Probation Office. Judge Michelle Childs of Columbia presided over the trial and will sentence the defendants.
Mr. Nettles stated that drug trafficking begets violent crime, and the conduct of the two convicted defendants exemplifies the violence associated with international drug trafficking organizations that are operating here in the United States. Mr. Nettles added that the FBI did extraordinary work in executing a difficult operational plan to ensure that lives were not lost as a result of the kidnapping that grew out of drug trafficking here in South Carolina.
FBI Special Agent in Charge Dave Thomas added, “The jury's verdict in this matter validates the work of the dedicated professionals who worked quickly and tirelessly to recover the victim, bring justice to the accused and ultimately make South Carolina a safer place.”
The case was initiated by the Calhoun County Sheriff’s Department and was investigated by agents of the Federal Bureau of Investigation from Columbia Field Division and the Charlotte Field Division. Assistant United States Attorneys JD Rowell and Kelly Wilson Hall of the Columbia are prosecuting the case.
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Bridgeport Man Sentenced to More Than 7 Years in Prison for Planning Drug RobberyRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that CARLOS COLON, also known as “Camby,” 37, of Bridgeport, was sentenced today by U.S. District Judge Jeffrey Alker Meyer in New Haven to 90 months of imprisonment, followed by five years of supervised release, for planning to conduct an armed robbery of narcotics stash house.
This matter stems from “Operation Samson,” an 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, in March 2014, the ATF began an investigation into Camby Colon and his brother, Carlos “Joel” Colon, who were known narcotics and firearm traffickers in Bridgeport. Law enforcement also had received information that Joel Colon was interested committing an armed robbery of a drug dealer. During the investigation, which employed the use of an ATF agent working in an undercover capacity, the Colons recruited others to commit an armed robbery of what they believed to be a narcotics stash house of 15 kilograms of cocaine.
On April 11, 2014, the Colons, Humberto Soto, Markus Mendez, Nelson Diaz, Trevor Pierce and Hiram “Gringo” Mojica gathered at a location in Stamford where they believed they would be informed of the address of the narcotics stash house, and would then travel to the stash house to conduct the robbery. All seven were arrested at that time. A search of the car that Diaz, Pierce and Mojica drove to the location revealed a loaded .40 caliber pistol, an EO Tech sight, black gloves, as well as two rolls of duct tape. A search of the vehicle that Soto and Mendez drove to the meet location revealed a loaded and 9mm pistol, black clothing and a baseball bat.
A subsequent search of an auto-detailing business in Bridgeport where Camby and Joel worked revealed several dozen rounds of ammunition, a small amount of crack cocaine, two digital scales and narcotics packaging materials.
Camby Colon has been detained since April 11, 2014. On March 5, 2015, he pleaded guilty to one count of conspiracy to interfere with commerce by robbery and one count of use of a firearm in furtherance of a crime of violence.
Joel Colon, Soto, Diaz, Mendez, Pierce and Mojica also pleaded guilty. Joel Colon was sentenced to 90 months of imprisonment, Soto was sentenced to 84 months of imprisonment, Diaz was sentenced to 108 months of imprisonment, Mendez was sentenced to 36 months of imprisonment and Pierce was sentenced to 72 months of imprisonment. Mojica awaits sentencing.
This case is being prosecuted by Assistant U.S. Attorney Vanessa Richards.
Barton Solvents Enters into Settlement to Ensure Safe Processes at Six Chemical Blending and Distribution Plants in Iowa, Kansas and WisconsinRead the Press Release
The Department of Justice and the Environmental Protection Agency (EPA) today announced a proposed settlement with Barton Solvents Inc. that resolves multiple environmental violations at five of the company’s chemical blending and distribution facilities in Iowa, Kansas and Wisconsin.
The proposed settlement, in the form of a consent decree lodged today in U.S. District Court in Des Moines, Iowa, requires Barton to pay a civil penalty of $1.1 million and undertake measures to ensure that it’s blending and packaging processes adhere to safety and environmental requirements.
In 2007, violations of the Clean Air Act General Duty Clause resulted in explosions and major fires at two Barton facilities. These explosions and fires led to damage of the facilities, nearby businesses and the evacuation of the facilities and the surrounding communities. EPA inspections at these and other Barton facilities, along with information collected by EPA, found widespread violations of federal and state Resource Conservation and Recovery Act (RCRA) hazardous waste storage requirements and the Clean Water Act (CWA) Spill Prevention, Control and Countermeasure (SPCC) requirements. These types of violations not only put facilities at risk, but the surrounding communities as well.
“This settlement requires Barton to take immediate measures to minimize the potential for dangerous environmental releases and provide maximum safety for workers and the communities where its facilities reside.” said Assistant Attorney General John C. Cruden of the Justice Department’s Environment and Natural Resources Division. “Barton must also take action in its handling of hazardous waste so that it can achieve full compliance with all state and federal environmental requirements under the RCRA.”
“When companies handling dangerous chemicals fail to comply with environmental laws, catastrophic events can happen,” said Region 7 Acting Regional Administrator Mark J. Hague for EPA. “Under this settlement, Barton will take steps to ensure safe chemical handling at all its facilities by complying with environmental laws that create safer facilities and communities.”
Under the settlement, Barton will also hire independent auditors to perform comprehensive environmental compliance audits and correct any additional violations uncovered at all of its facilities, including a facility in West Bend, Wisconsin.
The proposed consent decree is subject to a 30-day public comment period and approval by the federal court before it becomes final.
For a copy of the consent decree, visit www.justice.gov/enrd/consent-decrees.
Barboursville man pleads guilty to Federal heroin chargeRead the Press Release
HUNTINGTON, W.Va. – A Barboursville man who conspired with others to distribute heroin in the Huntington area in 2014 and 2015 pleaded guilty today to a federal drug charge, announced United States Attorney Booth Goodwin. Roger Lee Black, 34, pleaded guilty to distributing heroin and admitted that on February 26, 2015, a confidential informant working at the direction of the Drug Enforcement Administration contacted him to buy heroin. Black met the informant and drove the informant to Black’s home at 21 Vincent Street in Barboursville, West Virginia. Inside the home, Black sold the informant approximately 10 grams of heroin for $1,200. Black also admitted that he was part of a heroin distribution conspiracy from November of 2014 to April of 2015, and that during the conspiracy, he possessed multiple firearms and was responsible for the distribution of up to 700 grams of heroin.
Black faces up to 20 years in federal prison, and is schedule to be sentenced on January 25, 2016.
The United States Drug Enforcement Administration conducted the investigation. Assistant United States Attorney Joseph F. Adams is in charge of the prosecution.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Baraga Man, Jacob Charles Maki, Sentenced for Assault by StrangulationRead the Press Release
MARQUETTE, MICHIGAN — Jacob Charles Maki, 35, of Baraga, Michigan, was sentenced in U.S. District Court to 27 months’ imprisonment for assault by strangulation, U.S. Attorney Patrick A. Miles, Jr., announced today. In addition, Judge R. Allan Edgar sentenced Maki to serve 3 years of supervised release following the completion of his term of incarceration.
On February 28, 2015, Maki assaulted a victim. The assault began in the bedroom and continued into the bathroom where Maki pinned the victim in the tub and used his hands to strangle her. On March 1, 2015, he resumed the assault and repeatedly strangled the victim. Maki was indicted by a federal grand jury and pled guilty on June 22, 2015, to one count of assault by strangulation.
The Keweenaw Bay Indian Community Tribal Police and the FBI investigated the case. Assistant U.S. Attorney Hannah N. Bobee prosecuted the case.
Augusta Man Pleads Guilty to Bank FraudRead the Press Release
Contact: Jim Moore
Assistant United States Attorney
Tel: (207) 945-0373Bangor, Maine: United States Attorney Thomas E. Delahanty II announced that Jacob Choate, 27, of Augusta, Maine, pleaded guilty today in U.S. District Court to bank fraud.
Court records reveal that in July and August, 2014, Choate defrauded more than ten banks in central and southern Maine by negotiating nine counterfeit checks and eight altered checks. U.S. Postal Inspectors uncovered Choate’s involvement in the scheme after receiving complaints of stolen mail and reports of cashed stolen checks. Video surveillance cameras at the banks recorded Choate cashing or attempting to cash each check.
Choate faces up to thirty years in prison and a $1,000,000 fine. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.The investigation was conducted by the U.S. Postal Inspection Service as well as the Augusta, Portland, Saco, and Scarborough, Maine Police Departments.
Arizona Woman Pleads Guilty to Federal Heroin Trafficking Charges in New MexicoRead the Press Release
ALBUQUERQUE – Annais Moreno, 34, of Phoenix, Ariz., pleaded guilty today to heroin trafficking charges in federal court in Albuquerque, N.M., under a plea agreement with the U.S. Attorney’s Office.
Moreno and co-defendant Fabiola Soriano-Tlapanco, 26, also of Phoenix, were arrested in May 2015, on a criminal complaint charging them with conspiracy and possession of heroin with intent to distribute after DEA agents allegedly found almost four kilograms of heroin concealed in their baggage during an interdiction investigation at the Greyhound Bus Station in Albuquerque, on May 16, 2015. The duo were indicted on the same charges on June 9, 2015.
During today’s proceedings, Moreno pled guilty to a felony information charging her with possession of heroin with intent to distribute. Moreno admitted that on May 16, 2015, she and Soriano-Tlapanco transported 3.95 kilograms of heroin while traveling through Albuquerque on the Greyhound Bus. Moreno further admitted that she was transporting the heroin from Glendale, Ariz. to Denver, Colo.
At sentencing, Moreno faces a statutory maximum of 20 years in federal prison. Moreno remains in custody pending a sentencing hearing which has yet to be scheduled.
Soriano-Tlapanco entered a not guilty plea to the indictment and is currently scheduled for trial in Dec. 2015. Charges in criminal complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Interdiction Unit of the DEA’s Albuquerque office which focuses on disrupting the flow of narcotics, weapons, and the proceeds of illegal activities as they are smuggled into or through New Mexico in passenger buses, passenger trains, commercial vehicles and automobiles. Assistant U.S. Attorney Kimberly A. Brawley is prosecuting the case.
This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Amherst Man Sentenced to 30 Years for Sex TraffickingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today Kenneth Graham, 27, of Amherst, N.Y., who was convicted following a jury trial of sex trafficking by force, sex trafficking of a minor by force, and sex trafficking of a minor, was sentenced to 30 years in prison by U.S. District Judge Richard J. Arcara. In another significant development, the defendant was also ordered to pay $366,000 in restitution to the victims and must forfeit $80,000 in proceeds from his criminal behavior.Assistant U.S. Attorneys Trini E. Ross and Kathleen A. Lynch, who handled the case, stated that between winter 2010 and August 2012, the defendant recruited, promoted and profited from the prostitution activities of two minor girls knowing that the girls were under the age of 18. Graham also recruited, promoted and profited from a third victim, a woman in her 20's.
Graham placed advertisements on the web site backpage.com. One ad read “Amazingly Sexy Sweet Petite Companion 20 working out of the airport area.” The acts took place in various hotels in the towns of Amherst and Cheektowaga and customers were charged between $100 and $200.
According to evidence presented by the Government, two of the victims were assaulted and threatened by the defendant. One victim testified that Graham told her "I'll kill you" and a second victim testified that Graham brandished a weapon at her. Under cross examination, the defendant admitted to pushing one of the victims into a wall and over a piece of furniture.
"This case- with the first of its kind jury verdict- demonstrates why this crime is known as modern day slavery," said U.S. Attorney Hochul. "To think that anyone would work to systematically rape our community's children is outrageous, and today's sentence properly expresses that outrage.
“While this significant sentence cannot fully restore the emotional and physical damage suffered by the victims in this case, it should nevertheless serve as a warning to individuals engaged in this type of depraved behavior: HSI and our partners will be relentless in our continued pursuit of traffickers,” said James C. Spero, Special Agent in Charge for HSI Buffalo. "
The sentencing is the result of an investigation on the part of members of the Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, the Amherst Police Department, under the direction of Chief John Askey, the Cheektowaga Police Department, under the direction of Chief David Zack, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.Additional support was provided by the Western District of New York Human Trafficking Task Force and Alliance. Anyone who has knowledge of any form of trafficking is encouraged to contact the Task Force or the National Human Trafficking Resource Center Hotline at 888-373-7888.
Friday 23 October 2015
Winslow Man Pleads Guilty to Possession of Child PornographyRead the Press Release
Contact: Jody Mullis
Assistant United States Attorney
Tel: (207) 945-0373Bangor, Maine: United States Attorney Thomas E. Delahanty II announced that Darrin Cates, 46, of Winslow, Maine, pleaded guilty today in U.S District Court to possession of child pornography.
According to court records and proceedings, between September 15, 2014, and October 30, 2014, the defendant used a computer and peer-to-peer software to make available for sharing videos of child pornography. In January of 2015, a search warrant was executed at Cates’s residence. Cates’s computer equipment was seized and examined and investigators found over 800 images and 290 videos of child pornography.
Cates faces up to twenty years in prison and a $250,000 fine. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by the Maine State Police Computer Crimes Unit and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.
Windermere Woman Pleads Guilty in "Project Synergy” Drug ConspiracyRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Camila Correa (25, Windermere) has pleaded guilty to conspiracy to import a controlled substance, conspiracy to possess with the intent to distribute and distribution of a controlled substance, and witness tampering. She faces a maximum penalty of 60 years in federal prison. A sentencing date has not yet been set.
Camila Correa is the fifth Orlando defendant to plead guilty to drug trafficking and related charges concerning the importation and distribution of methylone and ethylone from China, into the Middle District of Florida. These Florida prosecutions are part of an international investigation headed by the Department of Justice’s Special Operations Division entitled Project Synergy.
According to court documents and evidence presented in this case, from no later than January 2014, through their arrests on March 18, 2015, Thiago Correa (“T. Correa”), Camila Correa (“C. Correa”), Travis Simmons, and others conspired to import and distribute no less than 25 kilograms of ethylone and methylone, also called “Molly” or “Mol,” from China, into Orlando, Melbourne, Titusville, Windermere, Orange and Brevard Counties. Additional controlled substances involved in this case are referred to as a-PVP and PVP. T. Correa was a leader and organizer in the conspiracy, in that he ordered the drugs from China, paid for and directed others to pay for the drugs, coordinated shipments, recruited and directed others to the drugs, and distributed and directed others to distribute the drugs. He also possessed and carried firearms during meetings wherein at least one other person was recruited to participate in the conspiracy. C. Correa recruited at least one other person to participate in the conspiracy, provided detailed directions regarding the receipt and transportation of several packages of ethylone, communicated messages to and from co-conspirators, and threatened and intimidated a witness believed to be providing information to federal authorities regarding the groups’ criminal activities. As part of his role in the conspiracy, Simmons transported ethylone, communicated messages, and recruited others to participate in the conspiracy. During the meeting to recruit others into the conspiracy, he also possessed firearms.
In late 2014, Eduardo Da Silva and Mirielson Macedo Pereira worked together to import over a kilogram of ethylone from China to Orlando. Da Silva had previously attempted to import additional ethylone from China and was found with money, drugs, and other evidence upon his arrest.
Below is a chart indicating the status of the defendants’ court cases:
Defendant:
Potential Maximum Sentence:
Sentencing Court:
Sentence / Sentencing Date:
Thiago Correa
Life
U.S. District Judge Gregory A. Presnell
December 14, 2015
Camila Correa
60 Years
U.S. District Judge Gregory A. Presnell
January 11, 2016
Travis Simmons
40 Years
U.S. District Judge Gregory A. Presnell
84 months in federal prison
Eduardo Da Silva
40 Years
U.S. District Judge Carlos E. Mendoza
December 3, 2015
Mirielson Macedo Pereira
40 Years
U.S. District Judge Carlos E. Mendoza
December 3, 2015
“This conspiracy shows how massive quantities of synthetic drugs can enter our communities,” said Susan L. McCormick, special agent in charge of HSI Tampa. “HSI special agents and our law enforcement partners, like the Brevard County Sheriff’s Office, will continue to work together toward keeping dangerous and deadly substances from harming our citizens.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Brevard County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney J. Bishop Ravenel.
West Virginia officer honored by United States Attorney GeneralRead the Press Release
WHEELING, WEST VIRGINIA – DEA Special Agent Mark Simala was honored this week by United States Attorney General Loretta Lynch at the 63rd Annual Attorney General’s Awards Ceremony for his bravery in saving the life of a Morgantown man last year.
Attorney General Lynch presented Simala, who is the Commander of the Hancock, Brooke, Weirton Drug and Violent Crime Task Force, with the Attorney General’s Award for Exceptional Heroism in recognition of his acts to aid citizens in danger. On November 19, 2014, Simala was traveling to Clarksburg, West Virginia, to complete his quarterly firearms qualification when he came upon a four vehicle accident along Interstate 79. Without regard for his personal safety, Simala took action and rescued an unconscious victim, John Robert Phillips, from his burning vehicle shortly before it became engulfed in flames. Had Simala not acted, Phillips undoubtedly would have perished inside the burning vehicle. Phillips is said to be doing well and recovering from his injuries.
During the incident, Simala suffered burns to his outer clothing, smoke inhalation as well as several small but treatable cuts to his right hand.
“Special Agent Simala’s heroic efforts grabbed the attention of the Attorney General and she recognized him this week for his bravery, composure, and strength of character,” said United States Attorney William J. Ihlenfeld, II. “Mark carries these qualities with him at all times, whether he is investigating drug dealers or saving the life of a stranger on the side of the highway.”
Simala joined the United States Drug Enforcement Administration as a Special Agent in 1996. Simala was assigned to the Hancock, Brooke, Weirton Drug and Violent Crime Task Force in 1999 and was selected as the Task Force Commander in 2010.
Virginia Man Sentenced for Firearm Offense in North CarolinaRead the Press Release
RALEIGH – United States Attorney Thomas G. Walker announced that in federal court today, Chief United States District Judge James C. Dever III sentenced WILLIAM JACKSON HARVEY, JR, 53, of Virginia, to 96 months imprisonment to run concurrent with his term of imprisonment previously imposed by the State of Virginia. He was convicted by the State of Virginia for grand larceny and nonviolent felon in possession of a firearm within 10 years.
On March 23, 2015 HARVEY pleaded guilty to the federal charge of possession of a stolen firearm on July 4, 2013.
According to the investigation, on July 18, 2013, a report of stolen firearms was made by the store clerk of People’s Pawn Shop in Kinston when two guns were sold to them. The store clerk advised officers that WILLIAM JACKSON HARVEY, JR. sold a New England .223 rifle and a .22 revolver, to the shop claiming that the guns were his father’s firearms. The firearms were reported stolen along with a third gun, a Taurus .38 revolver, and a 2012 Ford F-250 on July 4, 2013 out of Hanover County, Virginia. On July 23, 2013, HARVEY was arrested in Richmond, Virginia by the U.S. Marshals Service. The truck and one of the three firearms were not recovered.
Investigation of this case was conducted by the Lenoir County Sheriff’s Office, Kinston Police Department and the Bureau of Alcohol Tobacco Firearms and Explosives. Assistant United States Attorney S. Katherine Burnette prosecuted the case for the government.