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Tuesday 20 October 2015
Navajo Man Sentenced to 30 Years in Prison for Murder in Fort DefianceRead the Press Release
PHOENIX – On Oct. 19, 2015, Corbert Goldtooth, 43, of Window Rock, Ariz. and a member of the Navajo Nation, was sentenced by U.S. District Judge David G. Campbell to 360 months’ imprisonment. Goldtooth was previously found guilty by a federal jury of second degree murder.
The evidence at trial showed that, in the early morning hours of July 31, 2011, Goldtooth and two other men went to the home of the victim, who was also Navajo, in Fort Defiance, on the Navajo Nation Indian Reservation. All three men were armed. Goldtooth stabbed the victim sixteen times, resulting in the victim’s death. Goldtooth had previously been convicted in 2003 for a robbery in Fort Defiance. Goldtooth was a member of the Cobras street gang.
The investigation in this case was conducted by the Navajo Nation Police Department and the Federal Bureau of Investigation. The prosecution was handled by Tracy Van Buskirk and Abbie Broughton Marsh, Assistant U.S. Attorneys, District of Arizona, Phoenix.
CASE NUMBER: CR-14-8073-PCT-DGC
RELEASE NUMBER: 2015-101_Goldtooth
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Myrtle Beach Attorney Sentenced for Money LaunderingRead the Press Release
Contact Person: Bill Day (803) 929-3000
Columbia, South Carolina---- United States Attorney Bill Nettles stated today that Larkin Thaddeus Viers, age 37, of Myrtle Beach, South Carolina sentenced today in federal court in Florence, South Carolina, for money laundering, a violation of 18 U.S.C. § 1957. United States District Judge Bruce Howe Hendricks of Florence sentenced Viers to 37 months imprisonment followed by 3 years supervised release and payment of $875,000.00 in restitution.
Evidence presented at the guilty plea hearing established that Marlon Weaver was the president and owner of Weaver Company, Inc., a construction company which was located in Conway, SC. In 2008, the company was awarded a contract with the South Carolina Department of Transportation [SCDOT], to perform paving and asphalt operations on a road construction project on Interstate 95. Weaver Co. was required to supply a performance and payment bond and general indemnity agreement in order to work on the project. SafeCo Insurance Company of America sold, wrote and acted as a surety on the bond. SafeCo required that Marlon Weaver agree to reimburse them if SafeCo suffered any losses as a result of issuing bonds to the company. Weaver provided a financial statement reflecting assets that SafeCo would be entitled to if Weaver Co. caused losses to SafeCo. Reflected on this financial statement were Weaver’s investment in a company, Gold & Silver, LLC, and his one-fifth interest in Bucks Port Marina held by Weaver Five, LLC.
On November 20, 2009, the contractor for the SCDOT informed Weaver and SafeCo that it declared Weaver Co. in default of the contract under the bond resulting in SafeCo being required to pay approximately $6,000,000.00 to SCDOT. Weaver back-dated documents to make it appear that he had transferred his interest in the Gold and Silver, LLC and Bucks Port Marina to his daughters on September 1, 2009, prior to defaulting on the project. In fact, Weaver retained control of the assets at all times. Weaver mailed these back-dated, fraudulent documents to SafeCo’s attorney, who was representing the insurance company in a civil suit against Marlon Weaver and others. These documents were received by SafeCo on or about December 18, 2009.
Gold & Silver, LLC, was an investment business owned and operated by Archie Evans, which invested in the futures market. To make it appear that Weaver had transferred his investment in Gold & Silver to his daughter prior to SafeCo incurring losses, Evans agreed to back-date documents to reflect that Weaver’s investment was transferred to the daughter on September 1, 2009. These documents were also mailed to SafeCo’s attorney on April 26, 2010.
Weaver hired Thad Viers to represent him in the civil case filed against him by SafeCo. Weaver informed Viers that he was trying to hide his assets from SafeCo. On December 1, 2009, Weaver and Viers entered into a written legal fee/service contract which reflects a nonrefundable retainer fee of $500,000. Weaver gave Viers $500,000 in the form of two cashier’s checks, one in the amount of $490,000 and the other in the amount of $10,000. Only the $10,000 check was payment for the retainer fee. The $490,000 was money that Weaver was attempting to conceal from SafeCo. The source of the $500,000 was funds that Weaver had pulled out of Weaver Company to prevent SafeCo from getting it. Viers deposited the $490,000 cashier’s check into his operating account at Anderson Brothers Bank on December 4, 2009, then immediately wrote a check to Archie Evans Ministries for $400,000. The $400,000 was additional money that Weaver was secretly investing with Evans’ company, Gold & Silver. The difference of $90,000, Viers was to deposit into his campaign account. After earning approximately $30,000 in legal fees, Viers returned the remainder of the funds to Weaver.
On January 21, 2010, BEJ, LLC, was created by Viers to conceal the proceeds from the sale of Weaver’s interest in the marina he had previously pledged as collateral to SafeCo. The marina was sold in February 2010 and Weaver received approximately $501,000. Weaver laundered these funds through several bank accounts to include a First Citizens bank account set up in the name BEJ, LLC. Between May 18, 2010 and July 22, 2010, Weaver withdrew $400,000 from the BEJ, LLC. account of which approximately $375,000 was converted to cashier’s checks and cashed. This cash was given to Archie Evans in increments which Evans structured into his bank accounts in increments of less than $10,000.00, to avoid bank filings.
In January 2011, Viers set up a trust account at the First Citizens Bank, at Weaver’s request, and agreed to have funds wired or deposited into the account by Evans. Once the funds were credited to the account, Viers contacted the bank to authorize withdrawal of the funds by Weaver. Each withdrawal authorized by Viers was for $10,000 or more. Weaver withdrew the funds purchasing numerous cashier’s checks just under the $10,001 bank reporting requirement, ranging from $7,500 to $9,500. Weaver would then cash these cashier’s checks at various branches and give the currency back to Archie Evans, in increments of $25,000 to $50,000, so that Evans could structure deposits into his bank accounts. This cycle of banking activity was repeated numerous times. Between 1/21/2011 and 10/3/2011, $692,000 was credited to Vier’s First Citizen’s Trust account on behalf of Weaver which was sourced by Evans’ bank account. Of the amount credited, 375,000 was proceeds from the sale of the marina.
During the course of this conspiracy, Viers either knew the funds involved were proceeds of some criminal activity, or he was aware of a high probability the funds were the proceeds of some criminal activity and he deliberately avoided learning of the activity, i.e. he deliberately made himself blind to that fact. The funds involved were proceeds of criminal activity as Weaver committed mail fraud when he mailed SafeCo’s attorney back-dated documents concerning the sale of the marina and his investments with Gold & Silver.
Evans previously pled guilty for his involvement in the Ponzi scheme related to this case and was sentenced to 7 years imprisonment. Weaver pled guilty to conspiracy to launder money and was sentenced to 1 year imprisonment.
The case was investigated by agents of the Internal Revenue Service and the United States Secret Service. Assistant United States Attorney William E. Day, II of the Columbia office is prosecuting the case.
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Muldrow Man Pleads Guilty to Bomb ThreatRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma, announced that ERIC WAYNE LOCKHART, age 30, of Muldrow, Oklahoma, pled guilty to USE OF TELEPHONE TO MAKE BOMB THREAT, in violation of Title 18, United States Code, Section 844(e), which is punishable by up to 10 years imprisonment, a fine of up to $250,000.00 or both.
The Indictment alleged that on or about June 15, 2015, in the Eastern District of Oklahoma, the Defendant, ERIC WAYNE LOCKHART, did, through use of a telephone, make a threat to kill, injure and intimidate an individual by means of an explosive, in and affecting interstate commerce.
The charges are a result from an investigation by the Sequoyah County Sheriff’s Department and the United States Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence report. Sentencing will be scheduled after its completion. The defendant will remain in the custody of the United States Marshal pending the sentencing hearing.
Assistant United States Attorney Chris Wilson represented the United States.
Mount Carmel Bus Company Operator Charged Federally with FraudRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Robert Else, III, of Elysburg, Pennsylvania, president of King Coal Tours, a charter bus company, has been charged with fraud in connection with a government-funded public transportation program.
According to United States Attorney Peter Smith, Else, age 65, is charged with wire fraud in a Criminal Information filed today in U.S. District Court in Williamsport. The government alleged that, as president of the charter bus company based in Kulpmont, Pennsylvania, Else submitted false annual budgets and monthly invoices for expenses to the Pennsylvania Department of Transportation (PennDOT) and the U.S. Department of Transportation (DOT). The government agencies administer a program to provide financial assistance for public transportation for the Lower Anthracite Transportation System (LATS), a regional network, via the bus company.
The Information alleges that from 2006 and 2012, Else carried out a scheme to defraud PennDOT, DOT and Mount Carmel Borough by inflating budges and fraudulent overbilling and caused funds in the amount of $29,935 to be transmitted by wire communications to a bank account of his company in June 2012.
According to the U.S. Attorney’s Office, the total amount of the fraud could be between $150,000 and $400,000.
The government also filed a plea agreement, including payment of restitution, with the defendant which is subject to approval by the court.
The investigation was conducted by the U.S. Department of Transportation, Office of Inspector General and the Federal Bureau of Investigation. Assistant United States Attorney Wayne P. Samuelson is assigned to prosecute the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statues and the Federal Sentencing Guidelines.
In this case, the maximum penalty under the federal statute is ten years imprisonment, and a fine of $250,000.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not necessarily an accurate indicator of the potential sentence for a specific defendant.
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Morgantown, WV man convicted of cocaine traffickingRead the Press Release
CLARKSBURG, WEST VIRGINIA – Harvey Orlando Higgs, 29, of Morgantown, West Virginia, was convicted of cocaine trafficking in federal court, United States Attorney William J. Ihlenfeld, II, announced.
Higgs sold cocaine in March 2015 in Monongalia County, West Virginia. He pled guilty to one count of “Distribution of Cocaine Base.” He faces up to 20 years in prison and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Zelda Wesley prosecuted the case on behalf of the government. The Mon Metro Drug and Violent Crime Task Force investigated.
U.S. Magistrate Judge Michael J. Aloi presided.
Missouri Woman Sentenced for Defrauding Service-Disabled Veteran-Owned Small Business ProgramRead the Press Release
KANSAS CITY, KAN. - A Missouri woman was sentenced Tuesday to 20 months in federal prison for defrauding a federal program that set aside contracts for businesses owned by service-disabled veterans, U.S. Attorney Barry Grissom said. In addition, she was ordered to pay a $30,000 money judgment.
Mary Parker,70, Blue Springs, Mo., pleaded guilty to one count of aiding and abetting wire fraud. In her plea, she admitted she assisted her husband, Warren Parker and her son, Michael J. Parker, in making false claims in order for their company, Silver Star Construction LLC of Blue Springs, Mo., and Stilwell, Kan., to obtain more than $6.7 million in contracts from the Veterans Administration. The contracts were awarded under the Service-Disabled Veteran-Owned Small Business Program.
Mary Parker admitted she was responsible for all Silver Star Construction’s finances. She accepted monies on the company’s behalf that were paid from government contracts that were fraudulently obtained. An investigation by federal agents determined that Warren Parker never was classified as a service-disabled veteran by the Veterans Administration or the Department of Defense
Warren K. Parker was sentenced to 87 months in federal prison.
Grissom commended the Small Business Administration=s Office of Inspector General; the Defense Criminal Investigative Service; the Department of Veterans Affairs, Office of Inspector General, Criminal Investigation Division and the General Services Administration's Office of Inspector General; and Assistant U.S. Attorney Tris Hunt for their work on the case.
Mexican National Sentenced to over 43 Years in Prison for Aggravated Assault of U.S. Forest Service OfficerRead the Press Release
TUCSON, Ariz. – On Oct. 19, 2015, Jesus Eder Moreno-Ornelas, 31, of Agua Prieta, Sonora, Mexico, was sentenced by U.S. District Judge Cindy K. Jorgenson to 520 months in prison. Moreno-Ornelas was previously found guilty by a federal jury, of aggravated assault of a federal officer, use of a firearm in connection with a crime of violence, possession of a firearm by a convicted felon, possession of a firearm by an illegal alien, two counts of attempted robbery of government property, and illegal re-entry after deportation.
The evidence at trial showed that on Aug. 23, 2014, when Moreno-Ornelas and another individual were approached by a U.S. Forest Service officer who was working in the Coronado National Forest area near Douglas, Ariz., Moreno-Ornelas attacked the officer and took his gun, physically assaulting the officer and firing several shots before the officer regained control of the weapon. Moreno-Ornelas also unsuccessfully attempted to steal the officer’s patrol vehicle. At sentencing, Judge Jorgenson found that the evidence at trial had established premeditated intent to kill the victim and that Moreno-Ornelas had attempted to obstruct justice by threatening a witness prior to trial. Moreno-Ornelas was a convicted felon who was illegally present in the United States after having been previously deported.
The investigation in this case was conducted by the Federal Bureau of Investigation, Sierra Vista, with the help of the United States Forest Service, United States Border Patrol, Cochise County Sheriff’s Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The prosecution was handled by Carin C. Duryee and Angela W. Woolridge, Assistant U.S. Attorneys, District of Arizona, Tucson.
CASE NUMBER: CR-14-1568-TUC-CKJ
RELEASE NUMBER: 2015-100_Moreno-Ornelas
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Martinsburg man convicted in Baltimore to West Virginia heroin trafficking networkRead the Press Release
MARTINSBURG, WEST VIRGINIA – Clinton Dunlap, 31, of Martinsburg, was convicted of heroin trafficking in federal court, United States Attorney William J. Ihlenfeld, II, announced.
Dunlap was among 41 individuals charged in a 163-count heroin trafficking indictment in June 2015. The indictment disrupted a multi-state distribution network in which heroin was transported across state lines from Baltimore, Maryland into West Virginia, Virginia, and Pennsylvania.
Dunlap pled guilty to one count of “Use of a Telephone to Facilitate the Distribution of Heroin” for which he faces up to four years in prison. He also pled guilty to one count of “Aiding and Abetting Interstate Travel in Aid of Racketeering” for which he faces up to five years in prison. He faces a fine of up to $500,000 on each of the two counts. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorneys Anna Krasinski and Paul Camilletti prosecuted the case on behalf of the government. The Eastern Panhandle Drug and Violent Crimes Task Force, a HIDTA-funded initiative, and the Federal Bureau of Investigation led the inquiry.
U.S. Magistrate Judge Robert W. Trumble presided.
Lebanon Sex Offender Sentenced for Child PornRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Lebanon, Mo., man who is a registered sex offender was sentenced in federal court today for receiving child pornography over the Internet.
Wayne Harlan Files, 78, of Lebanon, was sentenced by U.S. District Judge M. Douglas Harpool to 262 months in federal prison without parole.
Files is a registered sex offender due to a 1993 conviction for forcible sodomy. On April 23, 2015, Files pleaded guilty to receiving child pornography over the Internet between Nov. 1, 2011, and Feb. 1, 2012.
After Files had been arrested in February 2012 on unrelated state charges of sexual misconduct involving a child and child molestation, family members discovered child pornography on his computer while they were attempting to install software. They contacted the Lebanon, Mo., Police Department. Officers seized the computers, phones and other digital storage media in the home for forensic examination. Investigators found numerous images of child pornography on Files’s computer.
This case was prosecuted by Assistant U.S. Attorney James J. Kelleher. It was investigated by the Lebanon, Mo., Police Department and U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources." For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Leader of the Jenifer Drug Trafficking Organization Pleads GuiltyRead the Press Release
Baltimore, Maryland – The leader of the Jenifer drug trafficking organization (Jenifer DTO), Kedrick Arnold Jenifer, a/k/a “Ricky Jenifer,” “James Howard Collier, Jr.” and “Rick,” age 44, of Bowie, Maryland, pleaded guilty today to conspiring to distribute cocaine.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Assistant Special Agent in Charge Don A. Hibbert of the Drug Enforcement Administration, Baltimore District Office; Special Agent in Charge Thomas Jankowski of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office; Commissioner Kevin Davis of the Baltimore Police Department; and Chief James W. Johnson of the Baltimore County Police Department.
“IRS Criminal Investigation is committed to its joint efforts with its local and federal law enforcement partners to ensure that drug trafficking organizations such as the Jenifer DTO are not successful in their illegal drug activities conducted in communities across the country,” said Thomas Jankowski, IRS Criminal Investigation Special Agent in Charge, Washington DC Field Office.
According to his plea agreement and court documents, from September 2012 until his arrest in October 2014, Kedrick Jenifer was the head of the drug organization. He directed the collection and transportation of money from Baltimore to Houston, Texas. The Jenifer DTO would hide money in secret compartments in “courier vehicles” that were transported from Baltimore to Houston. Jenifer would then fly to Houston and obtain kilograms of cocaine from a source of supply. The cocaine was transported from Houston to Baltimore in the courier vehicles, and Jenifer would return to Baltimore via commercial air carrier.
In September 2012, Texas State Police stopped a courier vehicle in Chambers County, Texas. Law enforcement officers discovered approximately 30 kilograms of cocaine hidden in secret compartments within the vehicle. Phone records reveal that one of the persons in the courier vehicle was in contact with Jenifer prior to, the day of, and after the car stop.
In July 2013, a courier vehicle loaded on a car-carrier at Jenifer’s direction was intercepted in Arkansas. The vehicle contained approximately 23 kilograms of cocaine hidden in a secret compartment.
Between August 2013 and October 2014, Jenifer directed approximately 30 shipments of cocaine concealed in secret compartments in the courier vehicles. After a courier vehicle would return to Baltimore from Houston, Jenifer was seen operating the hidden compartments in the courier vehicle and supplying other members of the Jenifer DTO with cocaine at their distribution location at RCH Plaza in west Baltimore.
Jenifer and/or another member of the Jenifer DTO also made approximately 16 trips to Woodbridge, Virginia to deliver kilograms of cocaine to co-defendant Thomas Simmons.
On October 9, 2014, approximately 27 kilograms of cocaine were seized from one of the Jenifer DTO’s courier vehicles.
Jenifer agreed that he was responsible for the distribution of no less than 450 kilograms of cocaine between August 2013 and October 2014.
According to previously filed court documents, Jenifer owns World Fed Apparel, Inc., a clothing store in Baltimore. Jenifer is also a co-owner of Flavor Factory, LLC, which is believed to own an ice cream franchise in Baltimore. At the time of Jenifer’s arrest, the government seized, among other things, a 2013 Rolls Royce Ghost valued at $296,000, a 2014 Ferrari 458 Italia valued at $271,000, other high-end vehicles owned by Jenifer, and large sums of money from his residence and other locations.
Jenifer and the government have agreed that if the Court accepts the plea agreement, Jenifer will be sentenced to 20 years in prison. Jenifer has also agreed to the entry of an order requiring him to forfeit three properties in Baltimore and one in North Miami, Florida, as well as a boat. U.S. District Judge Richard D. Bennett scheduled sentencing for January 26, 2016 at 10:00 a.m.
Co-conspirators Brooke Renee Lunn, a/k/a “Brooke Thomas” and “Brooke Renee,” age 49; William Hegie, age 55; Kermit Clark, age 45; and Elroy Johnson, age 49, all of Baltimore, and Thomas Simmons, age 38, of Hampton, Virginia, previously pleaded guilty to their participation in the conspiracy. Each were sentenced to 10 years in prison except Lunn, who was sentenced to 12 years in prison.
United States Attorney Rod J. Rosenstein praised the DEA, IRS Criminal Investigation and Baltimore City and County Police Departments for their work in the investigation, and expressed his appreciation to the United States Attorney’s Offices for the Southern District of Texas and the Southern District of New York for their assistance. Mr. Rosenstein thanked Assistant United States Attorney John W. Sippel, Jr. and Special Assistant United States Attorney Matthew Hoff, a cross-designated Baltimore City Assistant State’s Attorney, who are prosecuting this Organized Crime Drug Enforcement Task Force case.
Lake City Man Sentenced to 16 Years for Sex TraffickingRead the Press Release
Tampa, Florida– United States District Judge James S. Moody, Jr. has sentenced Kavin Carter (40, Lake City) to 16 years’ imprisonment for sex trafficking of a minor by force, fraud, or coercion. He was also ordered him to pay a $10,000 fine. Carter pleaded guilty on November 24, 2014.
According to the plea agreement, in October 2012, law enforcement officers received information related to human trafficking activities in Lakeland and Lake City. They identified Michael Gallon as a “pimp” who was operating in Florida and the southeastern United States. Gallon recruited adult and minor females to join his “dance team.” He then transported the girls to bachelor parties and house parties that he had arranged. The females danced and performed acts of prostitution at these parties.
Gallon partnered with Carter, who co-hosted parties at his home. Gallon transported the girls, almost every weekend, to Carter’s residence in Lake City. Carter and Gallon set up “VIP” rooms at the parties, and they encouraged the females to engage in commercial sex acts. They charged the women to use these “VIP” rooms and kept most of the money the women had earned. Law enforcement has identified at least 12 minor-aged victims of Gallon’s offenses, and most of these girls engaged in commercial sex acts at Carter’s home.
Michael Gallon (50, Lakeland) previously pleaded guilty for his role in this case. On May 29, 2014, he was sentenced to 33 years and 9 months’ imprisonment for sex trafficking of a minor by force, fraud, or coercion and a concurrent term of 20 years in federal prison for distributing child pornography.
“We cannot undo the horrific crimes against the young victims, but this sentence will ensure this criminal cannot cause additional harm,” said Susan L. McCormick, special agent in charge of HSI Tampa. “The hard work of HSI special agents and the Lakeland Police Department have brought this predator to justice and made our local communities a safer place.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Florida Department of Law Enforcement, and the Lakeland Police Department. It was prosecuted by Assistant United States Attorney Stacie B. Harris.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Lake Charles man, Texas man sentenced to 66 months in prison for meth distribution conspiracyRead the Press Release
LAKE CHARLES, La. – United States Attorney Stephanie A. Finley announced that a Lake Charles man and a Texas man were sentenced Monday to 66 months in prison for their roles in a methamphetamine distribution conspiracy that stretched from Lake Charles to Houston.
Chumphai Bob Mireles, 52, of Lake Charles, and Michael Wayne Giese, 37, of Pearland, Texas, were sentenced by U.S. District Judge Donald E. Walter on one count of conspiracy to distribute or possess with intent to distribute controlled dangerous substances. They were also sentenced to five years of supervised release. According to evidence presented at the guilty pleas, law enforcement agents identified Mireles as a trafficker of methamphetamine. In July of 2014, law enforcement agents followed Mireles to Houston where he bought methamphetamine from Giese. Agents arrested Mireles as he traveled back to Louisiana and located 86.53 grams of methamphetamine inside his vehicle.
Homeland Security Investigations and the Calcasieu Parish Combined Anti-Drug Task Force conducted the investigation. Assistant U.S. Attorney Robert C. Abendroth prosecuted the case.
Klamath Falls Armed Career Criminal Sentenced to 15 Years in PrisonRead the Press Release
MEDFORD, Ore. - Russell Ray Moore, 63, of Klamath Falls, Oregon, was sentenced on Monday, October 19, 2015, by U.S. District Court Chief Judge Ann Aiken to 15 years in federal prison after he pled guilty to being a felon in possession of a firearm. Moore will also be on three years of supervised release after he completes his prison term.
The case resulted from three separate incidents in which Moore illegally possessed firearms. On September 3, 2014, Moore was arrested by the Klamath County Sheriff’s Office after a high-speed chase with police in which his vehicle was disabled by a spike strip. Moore possessed a Bersa .380 handgun, a taser, digital scales, and methamphetamine. On September 16, 2014, the Oregon State Police executed a search warrant at Moore’s house after receiving information that he was selling methamphetamine and possessed a sawed-off shotgun. Police found a Winchester 12-gauge shotgun with the barrel sawed off to 15 inches, more than 700 rounds of ammunition, and methamphetamine. On February 25, 2015, police executed another search warrant at Moore’s house after receiving information that he possessed another firearm. In Moore’s bedroom, police found a loaded Hi-Point 9mm handgun, a box of 9mm ammunition, methamphetamine, digital scales, and drug packaging materials. Moore’s repeated association with these weapons, in combination with his serious criminal history, caused local investigators to refer the matter for federal prosecution.
Under federal law, any person who possesses a firearm or ammunition after being previously convicted of three violent felonies or drug trafficking crimes is an Armed Career Criminal subject to a 15-year mandatory minimum prison sentence. Moore is an Armed Career Criminal based upon eight prior felony convictions for delivery and manufacture of methamphetamine, and an additional conviction for attempted murder. Moore also has two prior convictions for felon in possession of a firearm in 1997 and 2012.
This case was investigated jointly by the Klamath County Sheriff’s Office, Oregon State Police, and the Bureau of Alcohol, Tobacco, and Firearms. It was prosecuted by Assistant U.S. Attorney Douglas W. Fong.
Kenneth Holland Sentenced to 60 Months for Possession with Intent to Distribute Cocaine BaseRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Kenneth Holland, 49, of Barre, Vermont was sentenced today to a 60-month term of imprisonment. Chief Judge Christina Reiss also ordered that Holland be subject to a four-year term of supervised release upon completion of his prison term. According to court documents, law enforcement encountered Holland on December 26, 2014 as he drove a car at an excess speed in Barre. Holland falsely identified himself to the police. After he permitted a search of the vehicle, law enforcement recovered 53 grams of crack cocaine, a .22 caliber pistol hidden in a candy box, ammunition, a drug ledger, drug paraphernalia, and over $2600 in cash. When law enforcement attempted to arrest him, Holland attempted to run from the scene, causing injury to one of the officers. He was apprehended seconds later. Holland was charged federally with possession of a firearm as a convicted felon and possession with intent to distribute cocaine base. He has remained in custody since his December 2014 arrest. This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Barre Town and Barre City Police Departments. The United States was represented by Assistant U.S. Attorney Kevin J. Doyle. Holland was represented by Elizabeth Quinn, Esq. of the Federal Defender’s Office.Kankakee County Man Resentenced to Higher Prison Term for Repeated Trafficking of Crack CocaineRead the Press Release
Urbana, Ill. - Edward Dorsey Sr., 43, of St. Anne, Ill., was sentenced late last week to 327 months (27 years, three months) in federal prison for repeated trafficking of crack cocaine. On Friday, Oct. 16, U.S. District Judge Colin Bruce added 51 months to Dorsey’s previous sentence of 276 months (23 years.) The Seventh Circuit Court of Appeals had remanded Dorsey’s case to the district court for resentencing after Dorsey challenged conditions of his supervised release.
Dorsey pleaded guilty in August 2014 to distributing crack cocaine on three occasions in late 2013 in Kankakee County. The government presented evidence at Dorsey’s December 2014 sentencing that, during his drug trafficking activities, Dorsey threatened to shoot any law enforcement officers investigating him.
Judge Bruce had previously determined that Dorsey was a career offender with two prior felony drug trafficking convictions. In fact, at the time he committed the offenses, in late 2013, Dorsey had five prior felony drug convictions and was serving a three-year term of supervised release for a prior federal drug crime.
Dorsey was on federal supervised release at that time because his prior 10-year federal sentence had been reduced to time served (three years and eight months) after the U.S. Supreme Court concluded that he should have been sentenced under the more lenient penalties of the Fair Sentencing Act.
The charges were investigated by the Kankakee Area Project Safe Neighborhoods Task Force, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Kankakee Police Department, and the Kankakee County Major Crimes Task Force. The case was prosecuted by Assistant U.S. Attorney Eugene L. Miller.
Justice Department Settles Claim Against Nevada Taxicab Companies for Discrimination Against ImmigrantsRead the Press Release
The Justice Department announced today that it reached an agreement with Nevada Yellow Cab Corporation, Nevada Checker Cab Corporation, and Nevada Star Cab Corporation – three Las Vegas, Nevada, taxicab companies that collectively operate under the umbrella company “Yellow Checker Star Transportation Company” (YCS). The agreement resolves claims that YCS discriminated against work-authorized immigrants because of their citizenship status.
The Justice Department’s investigation found that YCS violated the Immigration and Nationality Act’s (INA) anti-discrimination provision by requiring non-U.S. citizens, but not similarly-situated U.S. citizens, to present additional and unnecessary documentation to prove their employment eligibility. The INA’s anti-discrimination provision prohibits employers from placing additional burdens on work-authorized employees during the hiring and employment eligibility verification process because of their citizenship status or national origin.
Under the terms of the settlement agreement, YCS will pay $445,000 in civil penalties to the United States, place print advertisements in a monthly trade publication for a period of six non-consecutive months advising employees of the anti-discrimination provision of the INA, undergo monitoring for three years, and train its employees on the INA’s anti-discrimination provision.
“Employers are not permitted to impede the employment opportunities of work-authorized immigrants by imposing additional and unnecessary documentary requirements upon them,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division. “The Civil Rights Division commends Yellow Checker Star Transportation Company for working with the division to educate members of the Las Vegas community about their rights under the anti-discrimination provision of the Immigration and Nationality Act.”
The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), which is handling this investigation, is responsible for enforcing the anti-discrimination provision of the INA. The provision protects work-authorized individuals from employment discrimination on the basis of citizenship status or national origin, including discrimination in hiring, firing and the employment eligibility verification process. Trial Attorneys Linda White Andrews, Pablo A. Godoy and Kayla Gassmann of the Civil Rights Division handled this matter.
For more information about protections against employment discrimination under federal immigration law, call OSC’s worker hotline at 1-800-255-7688 (1-800-237-2515, TDD for hearing impaired); call OSC’s employer hotline at 1-800-255-8155 (1-800-237-2515, TDD for hearing impaired); e-mail [email protected]; or visit OSC’s website at www.justice.gov/crt/about/osc.
Applicants or employees who believe they were subjected to: different documentary requirements based on their citizenship status, immigration status, or national origin; or discrimination based on their citizenship status, immigration status or national origin in hiring, firing, or recruitment or referral for a fee, should contact OSC’s worker hotline for assistance.
Jury Convicts Arlington Career Criminal on Drug and Firearms ChargesRead the Press Release
BOSTON – After a week-long trial, a federal jury in U.S. District Court in Boston convicted an Arlington man on drug and firearm charges on Friday, Oct. 16, 2015.
Yrvens Bain, 42, was convicted of distribution of heroin, possession with the intent to distribute heroin and being a felon in possession of a firearm and ammunition. U.S. District Court Judge Indira Talwani scheduled sentencing for Jan. 12, 2016.
In February 2014, an investigation of Bain began after it was suspected that he sold the heroin involved in two suspected overdose deaths in Arlington. Federal agents identified Bain as a long-time drug dealer who had been convicted of drug trafficking and firearm offenses on several occasions.
Bain was on probation for a state drug dealing and firearm conviction when federal agents recorded him selling heroin mixed with fentanyl to a cooperating witness on Feb. 26, 2014 and March 21, 2014, in Waltham and Malden, respectively.
On April 1, 2014, agents arrested Bain as he left his residence on Laurel Street in Malden. They had to take him to a nearby hospital after he swallowed heroin during the arrest. A search warrant subsequently executed at the Laurel Street residence led to the seizure of a HiPoint .45 caliber firearm with an obliterated serial number, over 26 grams of heroin mixed with fentanyl and thousands of dollars, including $100 of money used by a cooperating witness to purchase heroin from Bain in March, 2014. Agents also seized drug paraphernalia including plastic baggies, plastic gloves and a digital scale used to weigh and package drugs for street-level sales.
The charge of being a felon in possession of a firearm and ammunition provides a mandatory minimum sentence of 15 years and up to a lifetimes in prison, five years of supervised release and a fine of $250,000. The charge of distribution and possession with the intent to distribute heroin provides a sentence of no greater than 30 years in prison, a minimum of six years and up to a lifetime of supervised release and a fine of $2 million. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
This case was investigated by a Task Force comprised of the Drug Enforcement Administration, New England Field Division; the Massachusetts State Police; the Arlington, Boston, Ipswich, and Somerville Police Departments; and the Essex County Sheriff’s Department. Significant assistance was also provided the Malden Police Department and the Suburban Middlesex County Drug Task Force.
United States Attorney Carmen M. Ortiz and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement today. The case is being prosecuted by Assistant U.S. Attorneys Christopher Pohl and Eugenia M. Carris of Ortiz’s Criminal Division.
Joshua Brandon Hinkle Sentenced to 110 Months for A-PVP Distribution ConspiracyRead the Press Release
GREENEVILLE, Tenn. – Joshua Brandon Hinkle, 30, of Chuckey, Tenn., was sentenced on Oct. 20, 2015, by the Honorable R. Leon Jordan, U.S. District Court Judge, to serve 110 months in federal prison for his role in an extensive a-PVP (alpha-pyrrolidinopentiophenone) distribution conspiracy centered in northeast Tennessee, southwest Virginia and western North Carolina.
According to the plea agreement on file with the U.S District Clerk, Hinkle admitted to making approximately 30 to 40 trips to obtain a-PVP from a source of supply in North Carolina, and bringing back an estimated 2,000 grams (2 kilograms) to the Eastern District of Tennessee for resale.
A-PVP is a synthetic drug, primarily ordered from China, which is commonly referred to on the street as “gravel” or “flakka.” Common effects on users include: extreme paranoia; hallucinations; elevated blood pressure; extremely high body temperature; excited delirium; staying awake for days; hostility and having exceptional strength without apparent fatigue. These are many of the characteristics of the drug that make it very dangerous not only for the user but also for law enforcement responding to people who are high on it. A-PVP has been referred to by users of the substance as “meth on steroids.”
Others who were previously sentenced in this a-PVP trafficking conspiracy include: Richard McNeal Hillman, Ronnie Lee Shelton, Austin Michael Stallard, Johnny Michael Stallard, Desera Jade Allen, Phillip Wayne Mullins, Johnny White, Michael Ray Mangum, Eric Matthew Vance, Evelyn Vickers and James Elmer Mclain, who were sentenced by the Honorable R. Leon Jordan, U.S. District Court Judge to 188 months, 235 months, 121 months, 180 months, 151 months, 151 months, 120 months, 120 months, 135 months, 110 months and 110 months in federal prison respectively.
Law enforcement agencies participating in the investigation which led to the indictment and subsequent conviction of Hinkle and the co-defendants listed above include the Drug Enforcement Administration, Bureau of Alcohol, Tobacco and Firearms, Homeland Security Investigations, Sullivan County Sheriff’s Office, Kingsport Police Department, Hawkins County Sheriff’s Department, Johnson City Police Department, Greeneville, Tennessee Police Department, Hendersonville, North Carolina Police Department, and Scott County, Virginia Sheriff’s Office. Assistant U.S. Attorney Wayne Taylor represented the United States.
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Joel D. Cormier Sentenced to 18 Years in Prison for Using the Internet to Entice Children for Illegal Sexual PurposesRead the Press Release
GREENEVILLE, Tenn. – On Oct. 19, 2015, Joel D. Cormier, 27, of Blountville, Tenn., was sentenced by the Honorable J. Ronnie Greer, U.S. District Court Judge, to serve 18 years in federal prison. Cormier will also serve a life term of supervised release with special conditions. There is no parole in the federal system.
Cormier pleaded guilty earlier this year to one count of a federal grand jury indictment charging him with using a means of interstate commerce to entice a child for illegal sexual activity.
The investigation began when the family of a 15-year-old child reported to local law enforcement that Cormier had solicited meetings with their child using the Internet and that he had actually traveled to meet their child on several occasions for the purpose of engaging in illegal sexual activity. Subsequent investigation by multiple law enforcement agencies revealed that a total of six minor children from northeast Tennessee, southwest Virginia, and New Jersey were victims of Cormier’s conduct and that he had actually met and engaged in illegal sexual activity with five of the victims. In his plea agreement, which is on file with the U.S. District Court, Cormier admitted that he knew the victims were minors when he communicated with them online and created fictitious social media profiles portraying himself as a 15-year-old child with terminal brain cancer for his communications with some of them.
“This individual’s conduct demonstrates that the Internet can be a dangerous tool for predators and reminds the public to be vigilant in protecting yourselves and your children. Six minor females from three different states were victims of this online predator through his use of websites and applications. The lengthy sentence he received sends a strong message to other potential perpetrators about the consequences of committing these heinous crimes. The U.S. Attorney’s Office will continue to prosecute predators who seek out children on the Internet,” stated U.S. Attorney Bill Killian.
This investigation and prosecution was a result of the collaborative efforts of Washington County Virginia Sheriff’s Office, City of Bristol Virginia Police Department, Sullivan County Sheriff’s Office, Greene County Sheriff’s Office, Office of the Attorney General of Virginia, and Federal Bureau of Investigation. M. Suzanne Kerney-Quillen, Assistant Attorney General and Special Assistant U.S. Attorney, represented the United States.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Jersey City, New Jersey, Man Sentenced to Five Years of Probation for Trafficking Threatened TurtlesRead the Press Release
NEWARK, N.J. – A Jersey City, New Jersey, man was sentenced today to five years of probation for conspiring to traffic turtle species designated as threatened under New Jersey state law, U.S. Attorney Paul J. Fishman announced.
Patrick Elfers, 48, previously pleaded guilty before U.S. District Judge Stanley R. Chesler to an information charging him with one count of conspiracy to violate the Lacey Act, which prohibits the interstate sale of wildlife with a market value of more $350 that has been taken or possessed in violation of any state law or regulation. Judge Chesler imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:
New Jersey’s Endangered and Nongame Species Act prohibits the taking, possession, transportation, exportation or sale of spotted turtles, North American wood turtles and Eastern box turtles, among other species. New Jersey has designated the North American wood turtle as threatened because it is a vulnerable species that could become endangered. The spotted turtle and Eastern box turtle are listed as species of special concern.
Elfers admitted that, from December 2011 through March 2014, he possessed various turtle species, including spotted turtles, North American wood turtles and Eastern box turtles, at his home in Jersey City without the required permits under New Jersey State law. He advertised the turtles on wildlife trade websites to prospective purchasers in New Jersey and elsewhere. Elfers also shipped turtles to purchasers in New York State by tying them in tube socks to restrict their movement and packing them in boxes that were neither designed nor appropriate for the shipment of live animals.
As part of his probationary term, Elfers is prohibited from residing with wildlife of any kind and his computer will be monitored for any online wildlife trade activity. Judge Chesler also fined Elfers $30,450 for the care and housing of the 40 turtles Elfers forfeited as part of his plea agreement. The mandatory forfeiture included 27 Eastern box turtles, one Florida box turtle, three three-toed box turtles, five Gulf Coast box turtles and four North American wood turtles.
U.S. Attorney Fishman credited special agents of the U.S. Fish and Wildlife Service, Office of Law Enforcement, under the direction Resident Special Agent in Charge Preston Fant, with the investigation leading to today’s sentencing.
The Government is represented by Assistant United States Attorney Kathleen P. O'Leary of the U.S. Attorney's Office Health Care and Government Fraud Unit in Newark.
Defense counsel: James R. Lisa Esq., Newark
Hermitage Inn and Ski Club Owner Agrees to Pay over $72,000 in Fines and Restitution to the Forest Service Concerning Damages to Deerfield Ridge Snowmobile Trail in WilmingtonRead the Press Release
The Office of the United States Attorney for the District of Vermont stated today that James Barnes, of Wilmington,Vermont has agreed to pay $25,000 in civil fines and over $47,700 in restitution to fund repairs to the Deerfield Ridge Trail, a snowmobile trail that is partly on the Green Mountain National Forest (“GMNF”). The Deerfield Ridge Trail traverses part of the GMNF on the ridgeline below Haystack Mountain. This settlement concerns a Forest Service investigation into unauthorized trail work in November 2012 on a portion of the Deerfield Ridge Trail located in Wilmington,Vermont, including the unauthorized use of an excavator. According to court records, the excavator used to conduct this unauthorized trail work belonged to the Hermitage Inn Real Estate Holding Company LLC (hereinafter the “Hermitage”). James Barnes is the principle shareholder of the Hermitage. The GMNF alleged that James Barnes, on behalf of the Hermitage, directed other individuals to use this excavator to conduct the unauthorized trail work, which included excavation and some tree cutting. This work adversely impacted about three miles of the Deerfield Ridge Trail on GMNF lands. The excavator was also used on other parts of the Deerfield Ridge Trail that are located on private lands. The Government alleges that the trail work was not authorized by the GMNF. In addition, the excavation and trail work on the GMNF was not done to professional standards and did not include sufficient soil stabilization, such as water bars, seeding, and other standard erosion control measures. The GMNF estimates that it will cost $45,049.11 to fully repair the damage from this unauthorized excavation and trail work on the Deerfield Ridge Trail (additional work will be completed upon payment of the restitution). These expenses included: emergency mitigation costs, restoration costs, and labor. The Green Mountain Club performed part of this work and incurred $2,711.73 in expenses (which is the portion not covered by the Forest Service cost sharing agreement). Barnes agreed to pay this restitution in full. In agreeing to settle this matter, Barnes also agreed to pay the maximum penalty of $5,000 for each of five different violations of the United States Code of Federal Regulations alleged by the Forest Service, for a total fine of $25,000. The violations allege the following: (1) constructing or maintaining trail without authorization; (2) damaging a Forest Service trail; (3) unlawful operation of a motor vehicle on trails; (4) cutting or damaging timber; and, (5) damaging federal property. A copy of the settlement agreement was filed in United States District Court. This matter was investigated by the Law Enforcement and Investigations Division of the United States Forest Service. The United States Forest Service is represented in this matter by Assistant U.S. Attorney Joseph Perella. The Hermitage and James Barnes are represented by David Silver in Bennington, Vermont.Hampstead Man Sentenced to 10 Years in Prison for Distribution and Possession of Child PornographyRead the Press Release
Baltimore, Maryland – U.S. District Judge Marvin J. Garbis sentenced Michael Eugene Aldridge, age 42, of Hampstead, Maryland, today to 10 years in prison, followed by lifetime supervised release, for distribution and possession of child pornography. Judge Garbis also ordered that, upon his release from prison, Aldridge 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).
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Andre Watson of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Colonel William M. Pallozzi, Superintendent of the Maryland State Police; and Carroll County Sheriff James DeWees.
According to Aldridge’s plea agreement, he covertly took videos of minor females, including while they were undressed, to produce child pornography. Aldridge distributed the videos to others to encourage those individuals to produce child pornography and exchange the images and videos with Aldridge. In an online conversation Aldridge had with an individual in California, the other individual discusses his abuse of a seven year old female and his plans to videotape the abuse during an upcoming visit. Aldridge encouraged the individual to send him video of the abuse and suggested sexually explicit conduct for the other individual to engage in with the child. Aldridge also suggested giving the child drugs to induce a deeper sleep.
On June 26, 2014, a search warrant was executed at his residence and Aldridge was interviewed by law enforcement. During the interview, Aldridge admitted that he viewed and distributed child pornography. A search of Aldridge’s email account recovered two images of child pornography. A forensic analysis of his cell phone recovered 15 images depicting minors engaged in sexually explicit conduct.
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 HSI Baltimore, the Maryland State Police, and Carroll County Sheriff’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Judson T. Mihok, who prosecuted the case.
Greenville Inmate Sentenced for Possession of ContrabandRead the Press Release
Stephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced today that on October 19, 2015, Anthony Cunningham, 29, was sentenced for Possession of Contraband by a Federal Inmate. Cunningham was an inmate at the Federal Correctional Institution located in Greenville, Illinois, when he swallowed five balloons of marijuana while in the visiting room at FCI Greenville. Federal inmates are prohibited from possessing marijuana inside a federal penal institution. Cunningham was sentenced to a term of 8 months in federal prison, 2 years of supervised release after the prison sentence, fined $100, and ordered to pay a $100 special assessment. Cunningham has been held without bond since his arraignment on May 12, 2015.
The case was investigated by the Bureau of Prisons’ Special Investigation Section and prosecuted by Assistant United States Attorney Angela Scott.
Government Seizes Crab ProductsRead the Press Release
BOSTON – The United States seized approximately 5,000 cases of frozen, processed crab products manufactured by Rome Packing Company, Inc. (Rome), because the crab meat is suspected to be contaminated with harmful bacteria.
In a complaint unsealed today, the government alleged that Rome, formerly based in East Providence, R.I., prepared, packed, and processed Jonah crab products in a facility contaminated with Listeria monocytogenes, a pathogenic bacterium that, once it contaminates foods, can cause serious, sometimes life-threatening, illness. According to court documents, the Food and Drug Administration (FDA) inspected Rome’s facility on six occasions and observed that Rome’s cooking process for crabs did not adequately control temperatures to prevent the growth of pathogens. Environmental swab samples collected from three areas of Rome’s facility allegedly tested positive for Listeria monocytogenes. The inspection also allegedly revealed poor sanitary practices and conditions in Rome’s facility that may cause cross-contamination between finished and raw food products.
The U.S. Marshal’s Service seized the crab products today from cold storage warehouses in Lakeville, Mass., which were being monitored by FDA officials. Rome is now in receivership, according to the court documents.
The Food, Drug, and Cosmetic Act authorizes the government to seize and condemn food products if they are prepared, packed, or held under insanitary conditions that may have caused the products to become contaminated with filth or to pose a threat to consumer health.
“In partnership with the FDA, we are working to ensure food safety,” said United States Attorney Carmen M. Ortiz. “Lax sanitary practices in the preparation and storage of food products endanger public health. Where necessary we will intervene to prevent contaminated food from reaching consumers.”
“The FDA is committed to working with its federal partners to prevent contaminated food from reaching consumers. Thanks to the collaboration between the FDA and the Department of Justice, we have ensured that the adulterated crab produced by Rome Packing doesn’t make its way to consumers,” said Melinda K. Plaisier, the FDA’s Associate Commissioner for Regulatory Affairs. “We will continue to work together to protect the public health.”
"The duties of the United States Marshals Service vary in scope and nature and include enforcing all federal court orders such as the one executed today with our partners from the Food and Drug Administration and the U.S. Attorney’s Office" said United States Marshal John Gibbons of the District of Massachusetts. "Preparing and processing tainted food products for sale to consumers is unacceptable and the United States Marshals Service will do its part in protecting our nation's consumers. I would like to thank the USAO and the FDA for our close partnership on this case.”
U.S. Attorney Ortiz, FDA Associate Commissioner Plaisier and U.S. Marshal Gibbons, made the announcement today. The case is being handled by Assistant U.S. Attorney Deana El-Mallawany of Ortiz’s Civil Division.
Four Sentenced to Lengthy Prison Terms for Roles in Multi-million Dollar Mortgage Fraud SchemeRead the Press Release
SACRAMENTO, Calif. — Today, United States District Judge John A. Mendez sentenced Peter Kuzmenko, 37, of West Sacramento, to 19 years in prison; Aaron New, 41, of Sacramento, to 11 years and three months in prison; Nadia Kuzmenko, 36, formerly of Loomis, to eight years in prison; and Edward Shevtsov, 51, of North Highlands, to eight years in prison for their involvement in a mortgage fraud scheme that cost financial institutions approximately $16 million, United States Attorney Benjamin B. Wagner announced.
On February 13, 2015, after a 21-day trial, a federal jury found the four defendants guilty of multiple counts of mail and wire fraud associated with their involvement in the mortgage fraud scheme. In addition, Peter Kuzmenko, Edward Shevtsov, and Aaron New were found guilty of money laundering associated with the scheme, and Nadia Kuzmenko was found guilty of witness tampering.
According to the evidence presented at trial, from late 2006 through 2007, the defendants engaged in a mortgage fraud scheme involving more than 35 properties in the Sacramento area. The defendants were responsible for securing more than $26 million in residential mortgage loans on over 35 homes purchased through straw buyers. Records introduced at trial showed each of the defendants personally received hundreds of thousands or millions of dollars.
Judge Mendez, in sentencing the defendants, said in this case there was “overwhelming evidence of the defendants’ guilt” and that this was a “significant fraud.”
Nadia Kuzmenko was a licensed real estate sales person who created fraudulent loan applications on behalf of the straw buyers. The loan applications contained materially false information as to the straw buyers’ income, employment, assets, and intent to occupy the residences. The loan paperwork also hid from lenders millions of dollars in payments that went to the defendants. With respect to the witness tampering count, the evidence showed that after she learned the FBI was investigating her, Nadia Kuzmenko told various witnesses to lie to the FBI and blame a dead woman for the fraud.
Aaron New was a licensed real estate broker who submitted the fraudulent loan applications to lending institutions and convinced home sellers to sign off on fraudulent invoices to divert money out of escrow and to the defendants. New also served as a straw buyer himself.
Peter Kuzmenko and Edward Shevtsov recruited straw buyers and helped create fraudulent loan paperwork. They also controlled shell accounts in which millions of dollars were diverted out of escrow based on fraudulent invoices and false representations made to lenders. Peter Kuzmenko was also a straw buyer himself. Peter Kuzmenko is currently in custody and Edward Shevtsov was remanded into custody upon sentencing.
“These defendants were important players in a network of fraudsters responsible for millions of dollars in losses associated with dozens of inflated property sales using multiple straw buyers,” said U.S. Attorney Benjamin B. Wagner. “The sentences demonstrate that mortgage fraudsters will not escape accountability for their crime by blaming others. Our enforcement efforts in this area are far from done.”
“Today’s sentencing serves as a warning for would-be fraudsters and represents years of dedicated, collaborative investigation,” said Supervisory Special Agent Dan Bryant of the FBI’s Sacramento field office. “The FBI is committed to work with its partners to ensure thorough, comprehensive investigations of such large, complex financial fraud schemes, especially when such crimes victimize a community and damage the regional economy.”
“Mortgage fraud is an incredibly destructive crime that leaves many victims in its wake,” said Thomas McMahon, Acting Special Agent in Charge, IRS-Criminal Investigation. “The impact on homeowners and communities is devastating. While nothing can reverse the damage caused by these defendants, it highlights the ongoing commitment of IRS-CI to hold accountable those involved in these types of crimes.”
The case is the product of an investigation by the Federal Bureau of Investigation and the Internal Revenue Service-Criminal Investigation. Assistant U.S. Attorneys Lee S. Bickley and Michael D. Anderson and Special Assistant U.S. Attorney David J. Ward are prosecuting the case.
Co-defendants Vera Kuzmenko and Rachel Siders will be tried on November 2, 2015. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Three other mortgage fraud defendants have been sentenced this week. On Monday, Bakersfield residents Lucia Yolanda Chavez, 37, was sentenced to four years in prison, and Joseph Chavez, 41, was sentenced to three years in prison for conspiracy to commit bank fraud, mail fraud, and wire fraud and were ordered to pay $1.8 million and $1.44 million in restitution respectively. Today in Sacramento, Hubert Rotteveel, 52, of Dixon, was sentenced to three years and four months in prison for mail fraud.
Former President of Central Coast Investment Firm Sentenced to 7 Years in Prison for Defrauding Real Estate InvestorsRead the Press Release
LOS ANGELES – A Paso Robles man has been sentenced to 84 months in federal prison for misappropriating millions of dollars that victims invested in Central Coast real estate projects and for helping a real estate developer defraud a bank.
James Hurst Miller Jr., 67, the former president of the Atascadero-based Hurst Financial Corporation, was sentenced yesterday by United States District Judge Otis D. Wright II.
Miller’s case is related to that of Kelly Gearhart, a former Central Coast real estate developer, who was sentenced in July to 14 years in federal prison (see: http://go.usa.gov/3SQqR).
Miller operated Hurst Financial, which essentially acted a “middle man” between investors and real estate developers, including Gearhart. Miller solicited investments in Paso Robles real estate development projects known as Beacon Road and Vista Del Hombre (which involved Gearhart), as well as the Salinas River real estate development project in Templeton. After obtaining funds from investors, Miller used approximately $3.7 million of the money for other purposes, contrary to his promises about how the money would be used. Miller used money from investors to develop different real estate projects, make interest payments to investors, and pay-off loans related to different real estate projects.
Miller also admitted that he aided and abetted false statements made by Gearhart to Heritage Oaks Bank. Prosecutors argued that Miller helped Gearhart clear title to Vista Del Hombre lots that were securing victims’ investments, and Gearhart then used those lots to obtain bank loans from Heritage Oaks Bank and San Luis Trust Bank (which was later acquired by Pacific West Bank).
In asking for a prison term that was half that of Gearhart’s sentence, prosecutors noted Miller’s acceptance of responsibility and cooperation. Prosecutors also argued in court documents that, although Miller misspent money from victims, he did not steal the money for his personal use or to fund any lavish lifestyle. Unlike Gearhart, who defrauded victims for his own personal gain, Miller “was an established businessman who committed certain crimes when faced with economic difficulties,” according to a sentencing memo filed in court. Nevertheless, prosecutors sought a seven-year sentence based on the significant impact Miller’s crimes had on the community, as well as Miller personally profiting from commissions and fees on victims’ investments.
“Miller turned to fraud when faced with a choice between helping Gearhart and safeguarding victims’ investments,” said United States Attorney Eileen M. Decker. “This significant sentence emphasizes that he made the wrong choice.”
Miller pleaded guilty in 2011 to mail fraud, wire fraud, money laundering, and aiding and abetting a false statement to a bank.
In addition to the seven-year sentence issued to Miller, Judge Wright scheduled a restitution hearing for December 21.
Gearhart also appeared in court yesterday, at which time Judge Wright scheduled another restitution hearing for November 9.
The cases against Miller and Gearhart were the result of an investigation by the Federal Bureau of Investigation and IRS - Criminal Investigation.
Former Miami-Dade Police Officer Sentenced to 48 Months in PrisonRead the Press Release
A former Miami-Dade Police Department officer was sentenced to 48 months in prison, to be followed by three years of supervised release, by U.S. District Judge Jose E. Martinez for his participation in a wire fraud scheme, arising out of the operation of a series of credit repair businesses.
Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and J.D. Patterson, Director, Miami-Dade Police Department (MDPD), made the announcement.
George Price, 42, previously pled guilty to conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 1349.
According to court documents, Price and his co-conspirators participated in a scheme to provide false police reports to individuals operating credit repair businesses. A co-conspirator would provide Price with identifying information of credit business customers. Price would then create false police reports, using the customers’ identifying information. The police reports would falsely represent that the customers had reported to the Miami-Dade Police Department facts consistent with having been victims of identity theft. Price would cause the false police reports to become official records of the Miami-Dade Police Department. A member of the conspiracy would cause the false police reports created by Price to be transmitted to credit reporting agencies in order to induce the removal of negative items from the credit histories of the alleged victims identified in the false police reports. Price created the false police reports in order to promote the success of the credit businesses and in return would receive payment from his co-conspirators.
Mr. Ferrer commended the investigative efforts of the FBI Miami Area Corruption Task Force and MDPD Professional Compliance Bureau. This case was prosecuted by Assistant U.S. Attorney Michael Davis.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Former FedEx Hub Employees Indicted for Million-Dollar Shipping Theft SchemeRead the Press Release
Memphis, TN – Five men have been indicted for their roles in a shipping theft scheme that defrauded FedEx of more than $1.7 million. Edward L. Stanton III, U.S. Attorney for the Western District of Tennessee, announced the indictment today.
The defendants include:
Christopher T. Crawford, 31, Memphis, former FedEx material handler
Akeem Gowdy, 23, Memphis, former FedEx material handler
Tavaris Mickens, 23, Memphis, former FedEx supervisor
Juan Royal, 24, New York City, co-conspirator
Jordan West, 27, New York City, co-conspiratorAccording to the indictment, throughout 2013 and 2014, all five defendants engaged in a conspiracy to commit interstate shipping theft of wireless mobile devices from both Verizon and AT&T. The mobile devices were being shipped throughout the United States by FedEx.
Three of the defendants — Crawford, Gowdy and Mickens — were employed with FedEx during the scheme’s duration. They used fraudulent FedEx corporate shipping accounts to print labels, which they used to over-label boxes of wireless devices. These boxes were diverted to other known and unknown co-conspirators in New York City and other cities through interstate commerce. Each box of merchandise contained thousands of dollars worth of Verizon and/or AT&T wireless mobile devices.
As part of the fraud, Crawford and West sent $10,000 in U.S. currency via FedEx to one another. In mid-2013, Crawford also contacted a FedEx vendor call center in Tucson, Arizona to set up a fraudulent corporate shipping meter account via his wireless mobile telephone.
According to the indictment, each of the defendants knew the wireless devices were stolen when they engaged in acts to perpetrate the crime. Ultimately, the interstate shipping theft scheme defrauded FedEx of more than $1.7 million.
All five defendants are charged with one count of conspiracy and one count of interstate shipping theft. The defendants face individual sentences of up to 10 years imprisonment and fines of up to $250,000 for each count.
Crawford and West are also charged with one count of mail fraud. They face individual sentences of up to 20 years imprisonment for this offense and fines of up to $250,000.
Crawford is also charged with one count of wire fraud. He faces up to 20 years imprisonment for this offense and a fine of up to $250,000.
The case is being investigated by the United States Secret Service, Federal Bureau of Investigations, and Memphis Cargo Theft Task Force.
Assistant U.S. Attorney Damon K. Griffin is prosecuting this case on the government’s behalf.
The charges and allegations contained in the indictment are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Former Background Investigator for Federal Government Pleads Guilty to Making a False StatementRead the Press Release
WASHINGTON – Ricky B. Reaves, 53, a former background investigator who did work under contract for the U.S. Office of Personnel Management (OPM), pled guilty today to a charge stemming from his falsification of work on background investigations of federal employees and contractors, announced U.S. Attorney Channing D. Phillips and Patrick E. McFarland, Inspector General for the Office of Personnel Management.
Reaves, of Lorton, Va., pled guilty in the U.S. District Court for the District of Columbia to making a false statement. The Honorable Richard J. Leon scheduled sentencing for Jan. 11, 2016. The charge carries a statutory penalty of up to five years in prison and a fine of up to $250,000. As part of the plea, Reaves has agreed to pay $91,124 in restitution to the federal government.
According to a statement of offense submitted to the Court, Reaves was employed by USIS, formerly known as U.S. Investigations Services, Inc., as an investigator under contract to conduct background investigations on behalf of OPM’s Federal Investigative Services.
Between July 2010 and March 2011, in more than two dozen Reports of Investigations on background investigations, Reaves represented that he had interviewed a source or reviewed a record regarding the subject of the background investigation. In fact, he had not conducted the interviews or obtained the records of interest. These reports were utilized and relied upon by the agencies requesting the background investigations to determine whether the subjects were suitable for positions having access to classified information, for positions impacting national security, or for receiving or retaining security clearances, or for positions of public trust.
Reaves’ false representations have required Federal Investigative Services to reopen and rework numerous background investigations that were assigned to him during the time period of his falsifications, at an estimated cost of at least $91,124 to the U.S. government.
Federal Investigative Services has a robust integrity assurance program which utilizes a variety of methods to ensure the accuracy of reported information. The falsification of investigative case work by the defendant was detected through the program.
This is one of numerous cases prosecuted by the U.S. Attorney’s Office for the District of Columbia since 2008 involving false representations by background investigators and record checkers working on federal background investigations. In addition to Reaves, 20 other background investigators and two record checkers have been convicted of charges.
Federal Investigative Services, through its workforce of approximately 6,000, including 5,200 field investigators, is responsible for conducting background investigations for numerous federal agencies and their contractors, on individuals either employed by or seeking employment with those agencies or contractors. Federal Investigative Services conducted more than 2.3 million investigations during the 2014 fiscal year. More than 655,000 of these investigations involved applicants for access or continued access to classified information.
In performing background investigations, the investigators conduct interviews of individuals who have information about the person who is the subject of the review. In addition, the investigators seek out, obtain, and review documentary evidence, such as employment records, to verify and corroborate information provided by either the subject of the background investigation or by persons interviewed during the investigation. After conducting interviews and obtaining documentary evidence, the investigators prepare a Report of Investigation containing the results of the interviews and document reviews, and electronically submit the material to OPM in Washington, D.C. OPM then provides a copy of the investigative file to the requesting agency, which can use the information to determine an individual’s eligibility for employment or a security clearance.
In announcing the plea, U.S. Attorney Phillips and Inspector General McFarland praised the efforts of Assistant Special Agent in Charge Nathaniel Smith and Special Agent Christopher Sulhoff, OPM, Office of the Inspector General, and Philip Kroop and Kevin Cassidy, OPM, Federal Investigative Services. They also acknowledged the work of Paralegal Specialist Donna Galindo of the U.S. Attorney’s Office, as well as Assistant U.S. Attorney Ellen Chubin Epstein, who investigated and prosecuted this matter.
Five Defendants Sentenced to Prison for Bank FraudRead the Press Release
ATLANTA - Julius C. Appling, Taj J. Tillison, Tal V. Tillison, Aryonne Johnson, and Andrew Smith, a/k/a Dru, have been sentenced to federal prison for conspiracy to commit bank fraud in connection with their scheme to deposit fraudulent checks at Wells Fargo and SunTrust banks in the metropolitan Atlanta, Georgia area.
“The defendants were able to commit this fraud because they duped unwitting people into allowing them access to their personal bank accounts,” said U.S. Attorney John Horn. “Alarm bells should go off if anyone offers you money in return for depositing their check into your bank account so that they can immediately get the cash from the check. Days later when that person is long gone and you learn that the check bounced, you will be held financially responsible.”
“These five individuals found out the hard way that bank fraud is a serious federal crime involving federal prison time. The FBI treats these types of financial crimes targeting the banking industry very seriously and cautions anyone considering this type of criminal activity to reconsider,” said J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office.
According to U.S. Attorney Horn, the charges and other information presented in court: The defendants paid individuals for access to their bank accounts at Wells Fargo and SunTrust banks. In connection with this access, the defendants would gain use of the individuals’ ATM and debit cards, including the PIN to allow their use. They would then deposit fraudulent checks into these third party accounts. The checks were drawn on accounts that had long been closed or the checks were completely fake. The individuals who gave the Defendants access to their accounts were not aware that the Defendants intended to deposit fraudulent checks into the accounts. Once the checks had bounced, those individuals were held responsible for the losses by the banks.
Both Wells Fargo and SunTrust make funds available from deposited checks the same day as the deposit, so after depositing fraudulent checks, the Defendants would either withdraw cash directly from the accounts through ATMs or would make purchases using debit cards and request cash back at the point of sale transaction. Each defendant was captured in multiple photos taken by ATM cameras for many of the deposits and withdrawals. Ultimately, the five defendants gained access to more than 200 bank accounts. The defendants deposited over $880,000 worth of fraudulent checks and withdrew over $360,000.
A federal Grand Jury indicted the defendants on October 28, 2014, and all five defendants pleaded guilty to conspiracy to commit bank fraud. U.S. District Judge Thrash sentenced all five defendants to prison:
- On October 20, 2015, Taj J. Tillison, 24, of Atlanta, Georgia, was sentenced to four years, three months in prison, to be followed by five years of supervised release.She was ordered to pay restitution in the amount of $88,933.67.
- On September 3, 2015, Julius C. Appling, 25, of Atlanta, Georgia, was sentenced to four years, nine months in prison, to be followed by five years of supervised release.He was ordered to pay restitution in the amount of $364,250.43.
- On June 24, 2015, Tal V. Tillison, 25, of Atlanta, Georgia, was sentenced to four years, nine months in prison, to be followed by five years of supervised release.He was ordered to pay restitution in the amount of $300,807.34.
- On June 23, 2015, Andrew Smith, a/k/a Dru, 34, of Atlanta, Georgia, was sentenced to two years, nine months in prison, to be followed by three years of supervised release.He was ordered to pay restitution in the amount of $92,415.08.
- On May 28, 2015, Aryonne Johnson, 25, of Atlanta, Georgia, was sentenced to two years, nine months in prison, to be followed by three years of supervised release.She was ordered to pay restitution in the amount of $162,734.65.
This case was investigated by the Federal Bureau of Investigation.
Assistant U.S. Attorney Christopher J. Huber prosecuted the case.
Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. Attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants. For more information on the task force, please visit www.StopFraud.gov.”
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.
El Departamento de Justicia Resuelve Denuncia Contra Empresas de Taxi en Nevada por Discriminación a InmigrantesRead the Press Release
WASHINGTON, D.C. – El Departamento de Justicia anunció hoy que ha llegado a un acuerdo con Nevada Yellow Cab Corporation, Nevada Checker Cab Corporation, y Nevada Star Cab Corporation – tres empresas de taxi que operan colectivamente bajo la empresa “Yellow Checker Star Transportation Company” (YCS). El acuerdo resuelve acusaciones de que YCS discriminό a inmigrantes con permiso de trabajar por su ciudadanía.
La investigación del Departamento de Justicia encontró que YCS violό la disposición antidiscriminatoria de la Ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés) cuando les exigiό a inmigrantes, pero no a ciudadanos estadounidenses similarmente situados, a presentar documentos adicionales e innecesarios para comprobar su elegibilidad para trabajar. La disposición antidiscriminatoria de la INA prohíbe que los empleadores impongan cargos adicionales a empleados autorizados a trabajar durante el proceso de contratación y verificación de la autorización de trabajo basado en ciudadanía u origen nacional.
Según el acuerdo, YCS pagará una multa civil de $445,000 a los Estados Unidos, colocará anuncios en una publicación comercial mensual por un período de seis meses no consecutivos asesorando a los empleados de la disposición antidiscriminatoria de la INA, será sujeto al monitoreo por tres años y capacitará a sus empleados acerca de la disposición antidiscriminatoria de la INA.
“Empleadores no pueden impedir las oportunidades de empleo de inmigrantes autorizados a trabajar con requisitos adicionales e innecesarios,” declaró la Principal Subprocuradora General Interina, Vanita Gupta, de la División de Derechos Civiles. “La División de Derechos Civiles elogia a Yellow Checker Star Transportation Company por cooperar con la división en educar a los miembros de la comunidad de Las Vegas sobre sus derechos bajo la disposición antidiscriminatoria de la Ley de Inmigración y Nacionalidad.”
La Oficina del Consejero Especial para Prácticas Injustas en el Empleo Relacionadas a Inmigración (OSC, por sus siglas en inglés), quien está a cargo de esta investigación, es responsable por hacer cumplir con la disposición antidiscriminatoria de la INA. La disposición antidiscriminatoria protege a individuos quienes son autorizados a trabajar contra la discriminación basado en la ciudadanía u origen nacional, incluyendo discriminación en la contratación, el despido, y en el proceso de verificación de elegibilidad de empleo. Los Abogados Litigantes, Linda White Andrews, Pablo A. Godoy, and Kayla Gassmann de la División de Derechos Civiles manejaron este asunto.
Para más información sobre las protecciones contra la discriminación en el empleo bajo las leyes migratorias, llame a la línea directa de la OSC para trabajadores al 1-800-255-7688 (1‑800-237-2515, TTY para las personas con discapacidades auditivas); llame a la línea directa de la OSC para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para las personas con discapacidades auditivas); mande un correo electrónico a [email protected] o visite la página web de la OSC en www.justice.gov/crt/about/osc.
Los solicitantes o empleados que creen que fueron sometidos a requerimientos discriminatorios (durante la verificación de elegibilidad de empleo) por motivo de su ciudadanía, estatus migratorio u origen nacional; o en discriminación basada en estatus de ciudadanía, estatus migratorio o en origen nacional en la contratación, el despido o el reclutamiento o referencia por comisión deberán llamar a la línea directa para trabajadores mencionada arriba y serán atendidos.
Eight Trey Crips Gang Member Arrested for Murder of Brooklyn, New York, ManRead the Press Release
Earlier today, an indictment was unsealed charging Rodney Muschette, also known as “Stitch,” with the retaliation murder of a federal informant in Atlanta, Georgia, on December 31, 2008.[1] Muschette is a member of the Eight Trey Crips gang, a Crips set operating in and around Brooklyn, New York. If convicted, Muschette will face mandatory life imprisonment. Muschette, who was arrested this morning, was presented for arraignment earlier today at the United States Courthouse in Raleigh, North Carolina.
The charge and arrest were announced by Robert L. Capers, United States Attorney for the Eastern District of New York; Diego Rodriguez, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI); William J. Bratton, Commissioner, New York City Police Department (NYPD); and George N. Turner, Chief of Police, Atlanta Police Department (APD).
“This Office has a long history of prosecuting and convicting Crips gang members who have pursued violence and lawlessness in neighborhoods throughout Brooklyn,” stated U.S. Attorney Capers. “The charged retaliation murder is among the most vicious crimes its members have committed. This prosecution should serve as a reminder that this Office and our law enforcement partners will do everything in our power to hold accountable those who use violence to silence witnesses or otherwise obstruct justice.” Mr. Capers extended his grateful appreciation to the FBI Charlotte, NC, Field Office, the FBI Raleigh, NC, Resident Agency, and the FBI Atlanta, GA, Field Office for their assistance.
“Today’s arrest of Rodney Muschette, also known as ‘Stitch,’ shows that justice has no time limit. Muschette is charged with the retaliation murder of a federal informant in December 2008. The FBI will continue to work with our law enforcement partners to bring to justice all those involved in gang related activity, especially those who seek to obstruct justice through murder,” stated FBI Assistant Director-in-Charge Rodriguez.
“In partnership with the U.S. Attorney’s Office, the Atlanta Police Department has removed another dangerous and violent criminal from Atlanta streets,” said Atlanta Police Chief Turner. “As alleged, Mr. Muschette mercilessly took the life of Mr. Nashwad Johnson and those actions will not go unpunished. The Atlanta Police Department is committed to cracking down on criminal activity and individuals that threaten the safety and quality of life for Atlanta residents and visitors.”
NYPD Commissioner Bratton stated, “Today’s arrest and indictment demonstrate the NYPD’s commitment to bringing justice in the senseless execution of this witness,” said Police Commissioner William J. Bratton. “Thanks to the continued efforts of the investigators and prosecutors who aggressively pursued this case, Rodney Muschette will be held accountable for this murder, as alleged.”
On December 30, 2008, the leader of the Eight Trey Crips was sentenced in Brooklyn federal court to 110 months’ imprisonment based on his conviction for possessing a firearm as a felon in connection with a June 2005 shooting in Brooklyn, New York. Fellow gang member Nashwad Johnson, also known as “Nash,” had witnessed that shooting. At the leader’s sentencing proceeding, he stated his belief that Johnson was a federal informant, and he repeated this belief in a telephone conversation with his sister that night and confirmed that his fellow gang members also knew about Johnson’s status as an informant.
At or around the time of that sentencing, Muschette and other members of the gang traveled with Johnson from Raleigh, North Carolina, to Atlanta, Georgia. Shortly before midnight on New Year’s Eve in 2008 – one day after the leader was sentenced – Muschette and others carried out their plan to kill Johnson because they believed that he had provided information to federal law enforcement about their gang. Muschette and his coconspirators drove Johnson to a wooded area off of an Atlanta highway. There, Muschette shot Johnson eleven times, including five shots in Johnson’s back, ending his life.
The government’s case is being prosecuted by the Office’s Organized Crime and Gangs Section. Assistant United States Attorneys Elizabeth A. Geddes and Patrick T. Hein are in charge of the prosecution.
The Defendant:
RODNEY MUSCHETTE, also known as “Stitch”
Age: 34
[1] The charge contained in the indictment is merely an allegation, and the defendant is presumed innocent unless and until proven guilty.
Dixon Man Sentenced to over 3 Years in Prison for Mortgage FraudRead the Press Release
SACRAMENTO, Calif. — Hubert Rotteveel, 52, of Dixon, was sentenced today by Senior United States District William B. Shubb to three years and four months in prison for one count of mail fraud, United States Attorney Benjamin B. Wagner announced.
In September 2014, Rotteveel was found guilty by a federal jury of one count of mail fraud relating to 13 properties in Dixon. According to evidence produced at trial, Rotteveel acted as a real estate salesperson for the 13 properties, with over $7 million in loans authorized for just two buyers in seven months. He inflated the values of the properties and worked with loan officers to provide false information to lenders about the income and liabilities of the buyers to induce the lenders to fund loans for the properties. Rotteveel surreptitiously made the down payments on the homes, instead of the buyers, and got that money (and usually more) back from the lenders at closing. For most of the transactions, when the sales closed, the escrow officer distributed funds to a bank account in the name of Windmill Properties, a company owned by Rotteveel, without disclosing these payments to the lenders. All 13 properties were used as rentals, with Rotteveel collecting the rents through Windmill Properties. He netted over $300,000 through the sales in just seven months, and the lenders lost more than $3 million when all 13 properties underwent foreclosure.
U.S. Attorney Wagner stated: “Hubert Rotteveel used his knowledge of the real estate market in Dixon to defraud lenders of over $7 million, resulting in losses of over $3 million after each of the homes went into default and a foreclosure sale was held. Today’s sentence is one step in the continuing effort to hold real estate professionals responsible for their role in the mortgage meltdown.”
“This prosecution should serve as a warning to those who abuse their position of trust,” said Thomas McMahon, Acting Special Agent in Charge, IRS-Criminal Investigation. “Mr. Rotteveel manipulated the MLS listings for properties, failed to disclose his true role in the transactions and made numerous misrepresentations to lenders. Although this sentence cannot reverse the damage caused by Mr. Rotteveel, it highlights the ongoing commitment of IRS-CI to hold accountable those involved in these types of crimes.”
This case was the product of an investigation by the Internal Revenue Service - Criminal Investigation and the Federal Bureau of Investigation. Assistant United States Attorneys Jean M. Hobler and Justin L. Lee prosecuted the case.
Delaware County Woman Charged with Defrauding GovernmentRead the Press Release
Denise Walls Ama, 64, of Haverford, Pennsylvania, was charged today by information with one count of theft of government funds, announced United States Attorney Zane David Memeger. According to the information, the defendant’s mother died in May 2006 yet she continued to receive retirement benefits intended for her mother until January 2015. The defendant’s alleged actions resulted in a loss to the government of approximately $108,306.
If convicted, the defendant faces a maximum possible sentence of 10 years in prison, up to three‑years of supervised release, restitution to the government of $108,306, a fine of up to $250,000, and a $100 special assessment.
The case was investigated by the Social Security Administration Office of Inspector General and is being prosecuted by Special Assistant United States Attorney Christopher E. Parisi.
An information is an accusation. A defendant is presumed innocent unless and until proven guilty.
Crédit Agricole Corporate and Investment Bank Admits to Sanctions Violations, Agrees to Forfeit $312 MillionRead the Press Release
Combined with Payments to Regulators, Bank to Pay $787.3 Million
Crédit Agricole Corporate and Investment Bank (CACIB), a corporate and investment bank owned by Crédit Agricole S.A. and headquartered in Paris, has agreed to forfeit $312 million and enter into a deferred prosecution agreement with the U.S. Attorney’s Office of the District of Columbia for CACIB’s violations of the International Emergency Economic Powers Act (IEEPA) and the Trading With the Enemy Act (TWEA). CACIB employs over 7,000 employees and has a presence in over 30 countries. The bank has also entered into settlement agreements with the Treasury Department’s Office of Foreign Assets Control (OFAC), the Board of Governors of the Federal Reserve System, the New York County District Attorney’s Office and the New York State Department of Financial Services (DFS). In total, CACIB will pay $787.3 million in criminal and civil financial penalties.
The announcement was made by U.S. Attorney Channing D. Phillips of the District of Columbia, Assistant Director Joseph S. Campbell of the FBI’s Criminal Investigative Division, Chief Richard Weber of the Internal Revenue Service-Criminal Investigation (IRS-CI) and District Attorney Cyrus R. Vance Jr. of New York County.
A one-count felony criminal information and a related civil forfeiture complaint were filed today in federal court in the District of Columbia charging CACIB with knowingly and willfully conspiring to defraud the United States and to commit violations of IEEPA and TWEA. CACIB has waived federal indictment, agreed to the filing of the information and civil forfeiture complaint, and has accepted responsibility for its criminal conduct and that of its employees.
CACIB is to pay $156 million to the U.S. Attorney’s Office for the District of Columbia and $156 million to the New York County District Attorney’s Office.
The New York County District Attorney’s Office is also announcing today that CACIB has entered into a separate deferred prosecution agreement, and that, in the corresponding factual statement, CACIB admitted that it violated New York state law by falsifying the records of New York financial institutions.
In addition, the Board of Governors of the Federal Reserve System is announcing that CACIB has agreed to a cease and desist order, to take certain remedial steps to ensure its compliance with U.S. law in its ongoing operations and to pay a civil monetary penalty of $90.3 million. DFS is announcing CACIB has agreed to, among other things, employ a compliance consultant for a period of one year and pay a monetary penalty of $385 million to DFS. The Treasury Department’s OFAC has also levied a fine of approximately $329.5 million, which will be satisfied by the payments to federal and local agencies.
“Sanctions laws are critical to both our national security and foreign policy interests,” said U.S. Attorney Phillips. “CACIB, through its subsidiaries, violated our laws and our interests by conducting business on behalf of entities in Sudan. CACIB’s subsidiaries succeeded in these efforts, in large part, by hiding their conduct from CACIB’s employees in the United States. In this case, the overwhelming majority of the unlawful conduct occurred at a foreign subsidiary that no longer exists. Although CACIB moved quickly to end these unlawful transactions and fully cooperated with investigators, today’s resolution demonstrates that there will be significant consequences for any financial institution that allows its foreign subsidiaries that do not intend to respect U.S. law to, nevertheless, access the U.S. financial system.”
“The financial penalties imposed on Crédit Agricole Corporate and Investment Bank send a powerful message to any financial institution that prioritizes profits over adherence to the law,” said Assistant Director Campbell. “This investigation is another example of our commitment to work closely with our federal and state partners to ensure compliance with U.S. banking laws to promote integrity across financial institutions and to safeguard our national security.”
“Today’s announcement is another significant milestone on an international stage that should send a clear warning to other global financial institutions,” said Chief Weber. “IRS-CI’s work in this investigation, as well as prior sanction cases, has proven the ability of IRS-CI and our partners to expose violations of IEEPA and TWEA sanctions. We will continue to use our financial expertise to uncover these types of violations and hold financial institutions accountable for international criminal violations.”
“With this resolution, as well as eight previous agreements, my office and our partners are sending a clear message that financial institutions must comply with sanctions against rogue nations,” said District Attorney Vance. “Over the course of our investigation, it was revealed that subsidiaries of Crédit Agricole illegally moved hundreds of millions of dollars through the U.S. on behalf of clients in Sudan, Iran, Cuba and Burma. This type of conduct requires the bank be held accountable, and I would like to thank all our partners for their efforts to ensure that our financial system is protected.”
According to documents released publicly today, between August 2003 and September 2008, CACIB subsidiaries in Geneva knowingly and willfully moved approximately $312 million through the U.S. financial system on behalf of sanctioned entities located in Sudan, Burma, Iran and Cuba. Specifically, during this time period, these CACIB subsidiaries employed deceptive practices that concealed the involvement of banks designated as Specially Designated Nationals (SDNs) and other corporate entities in financial transactions that transited through the United States and thereby deprived the United States and CACIB’s New York branch and other U.S. financial institutions of the ability to filter for, and consequently block or reject, sanctioned payments. The bank’s conduct caused approximately $312 million in unlawful transactions to transit through the United States financial systems—although nearly all of the bank’s violations involved Sudanese business organizations. CACIB subsidiaries also unlawfully caused transactions on behalf of clients located in Burma, Iran and Cuba to unlawfully transit through the United States as well.
According to court documents, CACIB’s employees were aware of U.S. sanctions against Sudan and the fact that the sanctions applied to payments the bank sent to the United States. Further, CACIB has acknowledged that compliance personnel within CACIB subsidiaries in Geneva were aware of the U.S. sanctions against Sudan and that these sanctions applied to payments the bank sent through the United States. Despite this knowledge, compliance personnel authorized payments on behalf of the bank’s Sudanese customers.
CACIB has admitted that its employees permitted 11 Sudanese banks to maintain U.S. dollar accounts with CACIB—six of the Sudanese banks were SDNs. CACIB’s subsidiaries relied primarily on non-transparent payment messages, known as cover payments, to mask the unlawful payments that were sent through the United States.
This case was investigated by the IRS-CI and the FBI’s New York Field Office. This case is being prosecuted by Assistant U.S. Attorneys Matt Graves, Maia L. Miller and Zia Faruqui of the District of Columbia, and former Assistant U.S. Attorney Ann Petalas assisted in the investigation.
The New York County District Attorney’s Office also conducted its own investigation in conjunction with the Department of Justice. The Board of Governors of the Federal Reserve Bank of New York, the DFS and the Treasury Department’s OFAC provided assistance with this matter.
Crédit Agricole Corporate and Investment Bank Admits to Sanctions Violations, Agrees to Forfeit $312 MillionRead the Press Release
WASHINGTON- Crédit Agricole Corporate and Investment Bank (CACIB), a corporate and investment bank owned by Crédit Agricole S.A. and headquartered in Paris, France, has agreed to forfeit $312 million and enter into a deferred prosecution agreement with the United States Attorney’s Office for the District of Columbia for CACIB’s violations of the International Emergency Economic Powers Act (IEEPA) and the Trading With the Enemy Act (TWEA). CACIB employs over 7,000 employees and has a presence in over 30 countries. The bank has also entered into settlement agreements with the Treasury Department’s Office of Foreign Assets Control (OFAC), the Board of Governors of the Federal Reserve System, the New York County District Attorney’s Office, and the New York State Department of Financial Services. In total, CACIB will pay $787.3 million in criminal and civil financial penalties.
The announcement was made by U.S. Attorney Channing D. Phillips for the District of Columbia; Joseph S. Campbell, Assistant Director of the FBI’s Criminal Investigative Division; Chief Richard Weber of the Internal Revenue Service Criminal Investigation (IRS-CI), and District Attorney Cyrus R. Vance Jr. of New York County.
A one-count felony criminal information and a related civil forfeiture complaint were filed today in federal court in the District of Columbia charging CACIB with knowingly and willfully conspiring to defraud the United States and to commit violations of IEEPA and TWEA. CACIB has waived federal indictment, agreed to the filing of the information and civil forfeiture complaint, and has accepted responsibility for its criminal conduct and that of its employees.
CACIB is to pay $156 million to the U.S. Attorney’s Office for the District of Columbia and $156 million to the New York County District Attorney’s Office.
The New York County District Attorney’s Office is also announcing today that CACIB has entered into a separate deferred prosecution agreement, and that, in the corresponding factual statement, CACIB admitted that it violated New York State law by falsifying the records of New York financial institutions.
In addition, the Board of Governors of the Federal Reserve System is announcing that CACIB has agreed to a cease and desist order, to take certain remedial steps to ensure its compliance with U.S. law in its ongoing operations, and to pay a civil monetary penalty of $90.3 million. The New York State Department of Financial Services (DFS) is announcing CACIB has agreed to, among other things, employ a compliance consultant for a period of one year, and pay a monetary penalty to DFS of $385 million. The Treasury Department’s Office of Foreign Assets Control has also levied a fine of approximately $329.5 million, which will be satisfied by the payments to federal and local agencies.
“Sanctions laws are critical to both our national security and foreign policy interests,” said U.S. Attorney Phillips. “CACIB, through its subsidiaries, violated our laws and our interests by conducting business on behalf of entities in Sudan. CACIB’s subsidiaries succeeded in these efforts, in large part, by hiding their conduct from CACIB’s employees in the United States. In this case, the overwhelming majority of the unlawful conduct occurred at a foreign subsidiary that no longer exists. Although CACIB moved quickly to end these unlawful transactions and fully cooperated with investigators, today’s resolution demonstrates that there will be significant consequences for any financial institution that allows its foreign subsidiaries that do not intend to respect U.S. law to, nevertheless, access the U.S. financial system.”
“The financial penalties imposed on Crédit Agricole Corporate and Investment Bank send a powerful message to any financial institution that prioritizes profits over adherence to the law,” said Assistant Director Campbell. “This investigation is another example of our commitment to work closely with our federal and state partners to ensure compliance with U.S. banking laws to promote integrity across financial institutions and to safeguard our national security.”
“Today’s announcement is another significant milestone on an international stage that should send a clear warning to other global financial institutions,” said Chief Weber. “IRS-CI’s work in this investigation, as well as prior sanction cases, has proven the ability of IRS-CI and our partners to expose violations of IEEPA and TWEA sanctions. We will continue to use our financial expertise to uncover these types of violations and hold financial institutions accountable for international criminal violations.”
“With this resolution, as well as eight previous agreements, my Office and our partners are sending a clear message that financial institutions must comply with sanctions against rogue nations,” said District Attorney Vance. “Over the course of our investigation, it was revealed that subsidiaries of Crédit Agricole illegally moved hundreds of millions of dollars through the U.S. on behalf of clients in Sudan, Iran, Cuba, and Burma. This type of conduct requires the bank be held accountable, and I would like to thank all our partners for their efforts to ensure that our financial system is protected.”
According to documents released publicly today, between August 2003 and September 2008, CACIB subsidiaries in Geneva, Switzerland, knowingly and willfully moved approximately $312 million through the U.S. financial system on behalf of sanctioned entities located in Sudan, Burma, Iran, and Cuba. Specifically, during this time period, these CACIB subsidiaries employed deceptive practices that concealed the involvement of banks designated as Specially Designated Nationals (SDNs) and other corporate entities in financial transactions that transited through the United States and thereby deprived the United States and CACIB’s New York branch and other U.S. financial institutions of the ability to filter for, and consequently block or reject, sanctioned payments. The bank’s conduct caused approximately $312 million in unlawful transactions to transit through the United States financial systems—although nearly all of the bank’s violations involved Sudanese business organizations. CACIB subsidiaries also unlawfully caused transactions on behalf of clients located in Burma, Iran, and Cuba to unlawfully transit through the United States as well.
According to court documents, CACIB’s employees were aware of U.S. sanctions against Sudan and the fact that the sanctions applied to payments the bank sent to the United States. Further, CACIB has acknowledged that compliance personnel within CACIB subsidiaries in Geneva were aware of the U.S. sanctions against Sudan and that these sanctions applied to payments the bank sent through the United States. Despite this knowledge, compliance personnel authorized payments on behalf of the bank’s Sudanese customers.
CACIB has admitted that its employees permitted 11 Sudanese banks to maintain U.S. dollar accounts with CACIB—six of the Sudanese banks were SDNs. CACIB’s subsidiaries relied primarily on non-transparent payment messages, known as cover payments, to mask the unlawful payments that were sent through the United States.
This case was investigated by the IRS-Criminal Investigation and FBI’s New York Field Office. This case is being prosecuted by Assistant U.S. Attorneys Matt Graves, Maia L. Miller, and Zia Faruqui of the U.S. Attorney’s Office for the District of Columbia, and former Assistant U.S. Attorney Ann Petalas assisted in the investigation.
The New York County District Attorney’s Office also conducted its own investigation in conjunction with the Department of Justice. The Board of Governors of the Federal Reserve Bank of New York, the New York State Department of Financial Services and the Treasury Department’s Office of Foreign Assets Control provided assistance with this matter.
California-Based Heroin Distributor Sentenced to More Than 10 Years in Prison on Drug Trafficking ChargesRead the Press Release
CHARLOTTE, N.C. – Chief U.S. District Judge Frank D. Whitney sentenced today Alberto Gasca, 31, of Los Angeles, California, to serve 128 months in prison and five years of supervised release on drug trafficking charges, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina. Gasca pleaded guilty in February 2015 to conspiracy to possess with intent to distribute heroin.
U.S. Attorney Rose is joined in making today’s announcement by Daniel R. Salter, Special Agent in Charge of the Atlanta Field Division of the Drug Enforcement Administration (DEA), which oversees the Charlotte District Office.
According to filed court documents and today’s sentencing hearing, beginning in 2012, Gasca was a major drug distributor based in California, responsible for smuggling bulk drug shipments from Mexico. Court records show that Gasca used an extensive transportation network of couriers to traffic the heroin and other drugs, including methamphetamine, from Los Angeles to distribution cells throughout the United States, including the Charlotte area. According to court documents, Gasca’s couriers typically transported the heroin hidden in false compartments of large rolling suitcases. Law enforcement arrested Gasca in September 2014 in California. According to court records, at the time of his arrest, law enforcement seized from Gasca’s residence $108,000 in cash, drug scales, plastic packaging, kilogram wrappers, two kilograms of heroin, more than five ounces of methamphetamine and a ledger. Gasca’s prosecution is part of an ongoing investigation into drug trafficking of heroin from Mexico. Over the course of the investigation, law enforcement seized approximately 50 pounds of heroin, and approximately $170,000 identified as drug proceeds.
Six other conspirators have been sentenced to date in connection with this investigation. Hector Manuel Castaneda Gastelo and Yolanda Gonzalez were each sentenced to 20 years in prison; Marcelino Rivera Vorquez was sentenced to 7.5 years in prison; Fernando Hernandez was sentenced to 7.25 years in prison; and Benjamin Villanueva Estrada was sentenced to 6.5 years in prison. Another conspirator, Omar Kamirez Lizama is awaiting sentencing.
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
Gasca is currently in federal custody and will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
The case was investigated by the DEA in Charlotte.In making today’s announcement, U.S. Attorney Rose thanked the Ontario, California Police Department and the DEA’s Office in Los Angeles for their assistance with this investigation. Assistant U.S. Attorney Elizabeth Greene of the U.S. Attorney’s Office in Charlotte is handling the prosecution.
California Man Pleads Guilty to Federal Methamphetamine Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Kevin Hawkins, 50, of San Bernardino, Calif., pleaded guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge. Under the terms of his plea agreement, Hawkins will be sentenced to 60 months in prison followed by a term of supervised release to be determined by the court.
Hawkins was arrested on Sept. 23, 2015, at the Amtrak Train Station in Albuquerque after DEA agents found approximately 300 grams of methamphetamine inside Hawkins’ shoes.
During today’s hearing, Hawkins pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. Hawkins admitted transporting 300 grams of methamphetamine on Sept. 23, 2015, while traveling through Albuquerque on the Amtrak Train. Hawkins further admitted that he intended to transfer the methamphetamine to another person at his destination.
Hawkins remains in custody pending a sentencing hearing which has yet to be scheduled.
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 Jacob Wishard is prosecuting the case.
Butte County Man Sentenced to 15 Years in Prison for Child Pornography OffenseRead the Press Release
SACRAMENTO, Calif. —Keith Joseph Banning, 59, of Magalia, was sentenced today to 15 years in prison for receiving and distributing child pornography, United States Attorney Benjamin B. Wagner announced.
According to court documents, an undercover investigation revealed that in June through August of 2012, an Internet user at Banning’s home address was using a peer-to-peer file-sharing network to share pictures and videos depicting the sexual exploitation of children, including a number of videos involving children under the age of 10. A search warrant executed at Banning’s home revealed that his computers contained hundreds of videos depicting the sexual abuse of children, and that at various times many of those videos were made available to others over the Internet through a file-sharing network. Banning was caught in another state living under a false name, and had rebuilt his collection of child pornography while living on the run.
This case was the product of an investigation by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Assistant United States Attorney Matthew G. Morris prosecuted the case.
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 those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. Click on the “resources” tab for information about Internet safety.
Monday 19 October 2015
Wilkins Twp. Woman Sentenced to 7 Years in Prison for Distributing Prescription Pain PillsRead the Press Release
PITTSBURGH – An Allegheny County resident has been sentenced in federal court to seven years in prison to be followed by three years of supervised release, on her conviction of violating the federal narcotics laws, United States Attorney David J. Hickton announced today.
United States District Judge Nora Barry Fischer imposed the sentence on Brandy Marie Bara, a/k/a Brandy Marie White, 34, of Turtle Creek, PA.
According to information presented to the court, Telano White was the leader of the Detroit to Pittsburgh oxycodone distribution network, even though he was incarcerated for nearly the entire period of the conspiracy. White’s wife, Brandy Bara White, received deliveries of oxycodone 30 mg. pills delivered by Tarrance Mays, Jr. and LaMont Whitfield, two Detroit residents who previously pleaded guilty for their roles in the conspiracy. Bara was the primary distributor of the pills. Bara agreed that she was responsible for illegally distributing between approximately 15,000 and 50,000 oxycodone 30 mg. pills in the Pittsburgh area.
Assistant United States Attorney Stephen R. Kaufman prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Drug Enforcement Administration, Federal Bureau of Investigation, Pennsylvania Attorney General’s Office, Pennsylvania State Police, and the Pittsburgh Bureau of Police for the investigation leading to the successful prosecution of Bara.
United States Enters into Consent Judgment with New York City to Ensure That Individuals in the City’s Homeless Family Shelter System Who Are Deaf or Hard of Hearing Receive Necessary Aids and ServicesRead the Press Release
Robert L. Capers, United States Attorney for the Eastern District of New York, today announced the filing of a Complaint and Consent Judgment in United States v. City of New York, Civil Action No. CV-15-5986 to settle violations of the Americans with Disabilities Act, 42 U.S.C. §§ 12134-34 (the ADA), in the City’s homeless shelter system.
In its complaint, the United States alleges that the City of New York denied sign language interpreters and other auxiliary aids and services to deaf and hard of hearing individuals in its homeless shelter system. The complaint alleges that workers at DHS’ homeless family shelter intake facility often attempted to communicate through the use of handwritten notes or by relying on family members to provide sign language interpretation. In one case, workers at the City’s family shelter intake facility relied on the four year-old daughter of RK[1], a deaf single mother, to interpret. The complaint also alleges that the failure to provide necessary auxiliary aids and services, including visual doorbells and fire alarms, endangered the lives of hearing-impaired individuals and denied them the services provided to other shelter residents, such as job and housing placement assistance.
Under the terms of the settlement, the City has agreed to take appropriate steps to ensure effective communication with applicants for family shelter who are deaf or hard of hearing, including providing qualified sign language interpretation services. The City has also agreed to retrofit at least 10 dwelling units for families with children, six units for adult families, 200 beds for single men, and 100 beds for single women with accessible features, including visual alarms and doorbells. Employees within the homeless shelter system who interact regularly with residents or applicants for shelter will receive training in effective communication. The City will pay RK $2,500.00.
“The ADA requires the City to communicate effectively and provide auxiliary aids and services to the deaf or hard of hearing,” stated U.S. Attorney Capers. “This settlement ensures that vulnerable residents in the City’s homeless shelter system receive appropriate City services.”
The United States’ action was filed contemporaneously with settlement of Ihetu et al. v. City of New York et al., Civil Action No. CV-13-01732 (MKB/VMS), in which a mother who is deaf and her three children alleged similar ADA violations against the City and homeless family shelter operators.
The United States’ claims were litigated by Assistant United States Attorneys Kelly Horan Florio and Michael J. Goldberger.
[1] RK is identified by initials only to protect her confidentiality.
U.S. Attorney’s Office and California Office of Emergency Services Join Representatives of the Greater-Fresno Muslim Community in Effort to Strengthen Ties and Equip Communities to Counter Radicalization to ViolenceRead the Press Release
SACRAMENTO, Calif. — On Saturday, October 17, the United States Attorney’s Office, in partnership with the California Office of Emergency Services, held a Community Resilience Exercise (CREX) at the central library at California State University, Fresno. The day-long event, involving about 50 participants, brought together representatives of law enforcement and other government agencies with representatives of Muslim communities in the Fresno and Madera areas.
Law enforcement participants included the U.S. Attorney, Fresno Office Chief Mark E. Cullers, Assistant Director David Fukutomi of CalOES, Fresno Sheriff Margaret Mims, Fresno Police Chief Jerry Dyer, Fresno State Police Chief David Huerta, and others including school resource officers, FBI agents, and mental health professionals from the Fresno County Department of Behavioral Health. Muslim community representatives included religious leaders from several congregations such as Masjid Fresno, Masjid Madera, Badr Islamic Center, Masjid Al-Aqabah, and Islamic Cultural Center of Fresno; business, academic and civil leaders; representatives of the Muslim Society of Central California; and students.
ISIS and other violent extremist organizations are adept at using modern communication channels to recruit and radicalize young people. The CREX is a scenario‑based exercise, facilitated by professionals from the National Counterterrorism Center, designed to strengthen relationships between Muslim communities and government and to help both community leaders and local law enforcement focus on local resources and strategies to protect young people and their communities from these groups.
“We in law enforcement must work hand-in-hand with people of all faiths in order to effectively protect children and our communities. No one is more concerned about these issues than people in the communities that are targeted for recruitment by extremists,” said U.S. Attorney Wagner. “Our exercise this weekend is just one example of how various Muslim communities throughout our district are committed to helping address this problem. I am honored to work with them in carrying out this very important work.”
Cal OES Assistant Director David Fukutomi stated: “The Governor’s Office of Emergency Services (Cal OES) is proud to be a co-sponsor of this important effort. We appreciate the participation of the local community leaders as we seek to build lasting relationships that will have lasting benefit to our families and communities.”
Over 250 U.S. citizens or residents have traveled or attempted to travel to Syria and Iraq since early 2014 to join militant groups, mostly ISIS. Many of them are minors, including young girls. Approximately 28 have been arrested by federal authorities while attempting to travel overseas to join extremist groups.
U.S. Attorney's Office Invites Schools to Participate in the National Student Pledge Against Gun ViolenceRead the Press Release
SAVANNAH, GA – United States Attorney Edward Tarver announced that on Wednesday, October 21, 2015, students in public schools throughout the Southern District of Georgia will join with students from across the nation to participate in the first annual Student Pledge Against Gun Violence Day.
Elementary, middle and high school students will be given the opportunity to voluntarily sign pledges. Older students will vow that they will never take a gun to school, will never resolve a dispute with a gun and will use their influence to prevent friends from using guns to cause harm to others. Elementary students will make a simpler commitment, pledging that if they see a gun they will not touch it, they will assume that any gun they see might be loaded and they will make smart choices to keep themselves safe.
The Student Pledge Against Gun Violence is a national initiative that honors the role that young people, through their own decisions, can play in reducing gun violence. Held in conjunction with the Day of National Concern about Young People and Gun Violence, the initiative provides a means for teachers and community leaders to speak to young people about gun violence. Over 10 million students nationwide have signed the pledge since its inception in 1996.
U.S. Attorney Tarver stated, “This United States Attorney’s Office is pleased to join in this important initiative. Through the pledge, we hope to provide our local schools with an opportunity to start a discussion with their students about the dangerous and often deadly toll that gun violence has on their generation. Prevention begins with the knowledge that each individual has the power to make the right choices to put an end to senseless violence.”
In addition to providing the pledges to school leaders and students in the 43 counties that make up Georgia’s Southern District, the U.S. Attorney’s Office will also coordinate with community leaders and local, state and federal law enforcement agencies to provide speakers at several schools to talk to students about what they can do to reduce gun violence in their communities.
If your school is interested in participating in the Student Pledge Against Gun Violence Day, please contact Katie Guardino at [email protected] or 912-652-4422.
Two Pennsylvania men sentenced for heroin traffickingRead the Press Release
CLARKSBURG, WEST VIRGINIA – Qaaim Clark, 34, and Reginald Maurice Teasley, Jr., 38, both of Philadelphia, Pennsylvania, were sentenced today in federal court for heroin trafficking, United States Attorney William J. Ihlenfeld, II, announced.
Clark was sentenced today to 51 months in prison. An investigation by the West Virginia State Police Bureau of Criminal Investigation, the Federal Bureau of Investigation, and the Mon Metro Drug and Violent Crime Task Force revealed that Clark was involved in a drug distribution operation in which heroin and prescription painkillers were transported across state lines from Philadelphia, Pennsylvania to Morgantown, West Virginia for redistribution and sale. Specifically, Clark sold heroin in April 2014 in Monongalia County, West Virginia near West Virginia University. He pled guilty in June 2015 to one count of “Distribution of Heroin within 1,000 feet of a Protected Location.”
Teasley was sentenced today to 46 months in prison after he was discovered in possession of heroin in October 2014 in Harrison County, West Virginia. He pled guilty in May 2015 to one count of “Possession with Intent to Distribute Heroin” following an investigation by the Greater Harrison County Drug and Violent Crime Task Force, a HIDTA-funded initiative.
Assistant U.S. Attorney Zelda Wesley prosecuted Clark and Assistant U.S. Attorney Andrew Cogar and former Assistant U.S. Attorney Shawn Morgan prosecuted Teasley on behalf of the government.
U.S. District Judge Irene M. Keeley presided.
Two Former Swisher Hygiene, Inc. Executives Indicted on Securities Fraud and Obstruction of Justice ChargesRead the Press Release
Charlotte, N.C. – A federal grand jury has indicted two former executives of Swisher Hygiene Inc. (Swisher) on securities fraud and obstruction of justice charges, announced U.S. Attorney Jill Westmoreland Rose of the Western District of North Carolina. Joining in today’s announcement is Special Agent in Charge John A. Strong of the FBI’s Charlotte Division.
Swisher’s former chief financial officer, Michael Kipp, 61, of Charlotte, and certified public accountant and Swisher’s former director of external reporting, Joanne Viard, 36, of Santa Rosa Beach, Florida, have been charged in connection with a securities fraud conspiracy allegedly carried out at Swisher throughout fiscal year 2011 and a subsequent obstruction of justice scheme in 2012. The federal indictment was returned late afternoon and Kipp and Viard are scheduled to make their initial appearances in federal court on Tuesday, Oct. 20, 2015.
“My office has a long record of holding corporate executives accountable for their criminal conduct,” said U.S. Attorney Rose. “Today’s charges continue to make clear that regardless of title or position, my office will prosecute corporate executives who engage in financial fraud schemes that defraud the investing public and undermine the integrity of our financial markets. We will work diligently to uncover such fraud, no matter how pernicious the cover-up.”
“As alleged in the indictment, these corporate executives were entrusted to fairly and accurately report the earnings of their employer; instead, they manipulated and falsified the numbers putting the hard earned money of shareholders at risk and undermining the laws in place to protect our financial markets,” said Special Agent in Charge Strong. “The FBI will root out corporate fraud wherever it exists and ensure those who engage in such practices are held accountable.”
Today’s charges follow the Oct.7, 2015, announcement that Swisher had entered into a deferred prosecution agreement with the United States, in which Swisher accepted and acknowledged responsibility for the conduct of its former employees and agreed to pay a $2 million penalty. Formal charges were also filed on Oct. 7, 2015, against Swisher’s former senior-level accounting employee, John Pierrard, who is scheduled to enter his guilty plea on Tuesday, Oct. 20, 2015, for his role in the alleged accounting fraud conspiracy.
According to allegations contained in the indictment and documents filed in related cases:
Throughout fiscal year 2011, Kipp, Viard and their conspirators engaged in an accounting fraud scheme to ensure that Swisher’s reported earnings had met or exceeded executive management’s forecasts, and to conceal the existence of the fraud from Swisher’s auditors, Wells Fargo, the investing public and others. Some of the fraudulent methods Kipp, Viard and their conspirators used to manipulate Swisher’s books and records to fraudulently increase the company’s income included reducing expenses by moving them from the company’s profit and loss statement to its balance sheet as well as engaging in what is commonly referred to as “cookie jar” accounting.
The accounting fraud scheme began to unravel when Swisher’s then-controller pushed back on making a fraudulent entry during the year end close. The controller wrote in an email, “I’ll run it by BDO [Swisher’s auditors] so we’re on the same page,” to which Kipp responded, “You’ll run it by me since I’m the chief accounting officer. I’m out of patience with this.” The controller persisted in his refusal to book the fraudulent entry and Kipp fired him. Swisher’s audit committee learned of the controller’s allegations and promptly commissioned an independent internal investigation. After the allegations of fraud were reported, Kipp and Viard almost immediately began to engage in misleading conduct to conceal the accounting fraud conspiracy and to obstruct justice by lying to the investigators hired by the audit committee.
Approximately 11 months following the announcement of the investigation, Swisher filed restated financial reports for the first three quarters of 2011 and filed its Form 10-K for the 2011 year. The restatement reflected, among other things, that Swisher had substantially overstated its earnings and significantly understated its losses during the relevant time period.
The indictment charges Kipp and Viard each with one count of conspiracy to commit securities fraud, to falsify books, records and accounts of Swisher, and to make misleading statements to Swisher’s auditors and accountants; one count of securities fraud; one count of wire fraud; and one count of obstruction of justice. Kipp is also charged with one count of bank fraud. The conspiracy charge carries a maximum prison term of five years. The securities fraud, wire fraud and obstruction offenses each carry a maximum prison term of 20 years. The bank fraud charge carries a maximum prison term of 30 years.
The details contained in the indictment are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
U.S. Attorney Rose praised the FBI for its outstanding work in leading the ongoing investigation that resulted in the filing of these charges. Rose also thanked the U.S. Securities and Exchange Commission for their assistance in the investigation.
Assistant U.S. Attorneys Mark T. Odulio and Maria K. Vento of the U.S. Attorney’s Office in Charlotte are assigned to this case.
Two Former Swisher Hygiene Inc. Executives Indicted on Securities Fraud and Obstruction of Justice ChargesRead the Press Release
Former Senior Level Corporate Employee to Plead Guilty to Securities Fraud Conspiracy
A federal grand jury in Charlotte, North Carolina, has indicted two former executives of Swisher Hygiene Inc. (Swisher) on securities fraud and obstruction of justice charges, announced U.S. Attorney Jill Westmoreland Rose of the Western District of North Carolina. Joining in today’s announcement is Special Agent in Charge John A. Strong of the FBI’s Charlotte Division.
Swisher’s former chief financial officer, Michael Kipp, 61, of Charlotte, and certified public accountant and Swisher’s former director of external reporting, Joanne Viard, 36, of Santa Rosa Beach, Florida, have been charged in connection with a securities fraud conspiracy allegedly carried out at Swisher throughout fiscal year 2011 and a subsequent obstruction of justice scheme in 2012. The federal indictment was returned late afternoon and Kipp and Viard are scheduled to make their initial appearances in federal court on Tuesday, Oct. 20, 2015.
“My office has a long record of holding corporate executives accountable for their criminal conduct,” said U.S. Attorney Rose. “Today’s charges continue to make clear that regardless of title or position, my office will prosecute corporate executives who engage in financial fraud schemes that defraud the investing public and undermine the integrity of our financial markets. We will work diligently to uncover such fraud, no matter how pernicious the cover-up.”
“As alleged in the indictment, these corporate executives were entrusted to fairly and accurately report the earnings of their employer; instead, they manipulated and falsified the numbers putting the hard earned money of shareholders at risk and undermining the laws in place to protect our financial markets,” said Special Agent in Charge Strong. “The FBI will root out corporate fraud wherever it exists and ensure those who engage in such practices are held accountable.”
Today’s charges follow the Oct.7, 2015, announcement that Swisher had entered into a deferred prosecution agreement with the United States, in which Swisher accepted and acknowledged responsibility for the conduct of its former employees and agreed to pay a $2 million penalty. Formal charges were also filed on Oct. 7, 2015, against Swisher’s former senior-level accounting employee, John Pierrard, who is scheduled to enter his guilty plea on Tuesday, Oct. 20, 2015, for his role in the alleged accounting fraud conspiracy.
According to allegations contained in the indictment and documents filed in related cases:
Throughout fiscal year 2011, Kipp, Viard and their conspirators engaged in an accounting fraud scheme to ensure that Swisher’s reported earnings had met or exceeded executive management’s forecasts, and to conceal the existence of the fraud from Swisher’s auditors, Wells Fargo, the investing public and others. Some of the fraudulent methods Kipp, Viard and their conspirators used to manipulate Swisher’s books and records to fraudulently increase the company’s income included reducing expenses by moving them from the company’s profit and loss statement to its balance sheet as well as engaging in what is commonly referred to as “cookie jar” accounting.
The accounting fraud scheme began to unravel when Swisher’s then-controller pushed back on making a fraudulent entry during the year end close. The controller wrote in an email, “I’ll run it by BDO [Swisher’s auditors] so we’re on the same page,” to which Kipp responded, “You’ll run it by me since I’m the chief accounting officer. I’m out of patience with this.” The controller persisted in his refusal to book the fraudulent entry and Kipp fired him. Swisher’s audit committee learned of the controller’s allegations and promptly commissioned an independent internal investigation. After the allegations of fraud were reported, Kipp and Viard almost immediately began to engage in misleading conduct to conceal the accounting fraud conspiracy and to obstruct justice by lying to the investigators hired by the audit committee.
Approximately 11 months following the announcement of the investigation, Swisher filed restated financial reports for the first three quarters of 2011 and filed its Form 10-K for the 2011 year. The restatement reflected, among other things, that Swisher had substantially overstated its earnings and significantly understated its losses during the relevant time period.
The indictment charges Kipp and Viard each with one count of conspiracy to commit securities fraud, to falsify books, records and accounts of Swisher, and to make misleading statements to Swisher’s auditors and accountants; one count of securities fraud; one count of wire fraud; and one count of obstruction of justice. Kipp is also charged with one count of bank fraud. The conspiracy charge carries a maximum prison term of five years. The securities fraud, wire fraud and obstruction offenses each carry a maximum prison term of 20 years. The bank fraud charge carries a maximum prison term of 30 years.
The details contained in the indictment are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
U.S. Attorney Rose praised the FBI for its outstanding work in leading the ongoing investigation that resulted in the filing of these charges. Rose also thanked the U.S. Securities and Exchange Commission for their assistance in the investigation.
Assistant U.S. Attorneys Mark T. Odulio and Maria K. Vento of the U.S. Attorney’s Office in Charlotte are assigned to this case.
Three Men Sentenced Today for Drug Trafficking in Kern CountyRead the Press Release
FRESNO, Calif. — Today, United States District Judge Lawrence J. O'Neill sentenced three defendants in two cases for trafficking methamphetamine, United States Attorney Benjamin B. Wagner announced.
In the first case, Jose Mojarro Cruz, aka Shyboy, 28, of Bakersfield was sentenced to 15 years and nine months in prison for conspiring to distribute and possess with intent to distribute methamphetamine and heroin. He pleaded guilty on April 21, 2015. Co-defendant Arnoldo Delgado Garcia (Delgado), aka Fabricio Rene Delgado-Perea, 35, a Mexican national, was sentenced to 11 years and four months in prison. On May 11, 2015, he pleaded guilty to conspiring to distribute and possess with intent to distribute methamphetamine and heroin.
According to court documents, from May 2013 through January 2014, the defendants regularly distributed methamphetamine and heroin to various drug dealers and users in Kern County. The defendants admitted to distributing between 15 and 45 kilograms of methamphetamine and over 1,000 grams of heroin. Co-defendant Erik Gesus Rivera, 28, of Bakersfield, pleaded guilty to possession with intent to distribute methamphetamine, and on September 21, 2015, was sentenced to two years in prison.
This case was the product of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Drug Enforcement Administration, Kern County Sheriff’s Office, and the Southern Tri-County High Intensity Drug Trafficking Area Task Force. Assistant United States Attorney Brian K. Delaney prosecuted the case.
In the second case, Judge O’Neill sentenced Juan Lascano Jr., 32, of Bakersfield, to 10 years in prison. On July 27, 2015, Lascano pleaded guilty to distribution of methamphetamine.
According to court documents, Lascano and his co-defendants conspired to distribute pound-quantities of methamphetamine in the Bakersfield area. On September 21, 2015, co-defendant Guillermo Magallanes, 36, of Bakersfield, pleaded guilty to conspiracy to distribute methamphetamine, and co-defendant Pasqual Gonzales Magallanes, 44, of Bakersfield, pleaded guilty to distribution of methamphetamine.
Sentencing for the two co-defendants is scheduled for December 14, 2015. Guillermo Magallanes faces a maximum statutory penalty of life in prison and a $5 million fine, and Pasqual Gonzales Magallanes faces a maximum statutory penalty of 40 years in prison and a $2 million fine. The actual sentences, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
In addition to the criminal charges, the United States is seeking the forfeiture of $31, 242, a 2014 Lexus IS250 F Sport, and a 2012 Acura TL sedan as proceeds of the illegal drug trafficking activity.
This case is the product of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation by the Drug Enforcement Administration, the Federal Bureau of Investigation, the Kern County Sheriff’s Office, and the Bakersfield Police Department. Assistant United States Attorney Brian K. Delaney is prosecuting the case.
Three Hampton Roads Men Sentenced for Armed Robberies in Norfolk and Virginia BeachRead the Press Release
NORFOLK, Va. – Edgar Brito, 21, of Virginia Beach, was sentenced today to 128 months in prison for the armed robbery of approximately $100,000 in cell phones from numerous businesses throughout Hampton Roads. Co-conspirator Daren Artis, 20, of Chesapeake, was sentenced to 128 months in prison on Sept. 17, 2015, and co-conspirator Alexander Horst, 23, of Virginia Beach, was sentenced to 110 months in prison on Sept. 21, 2015.
According to the statement of facts filed with the plea agreement, the men committed a string of armed robberies of stores that sold cellular phones, including Radio Shack on Colley Avenue in Norfolk on Dec. 2, 2014; T-Mobile on Tidewater Drive in Norfolk on Dec. 7, 2014; and a T-Mobile store on Phoenix Drive in Virginia Beach on Jan. 1, 2015. During these robberies, the men entered the stores wearing masks and demanded employees at gunpoint to provide cash from the registers and cell phones.
As the three men fled from the Virginia Beach robbery they dropped one of their duffle bags, which contained stolen cell phones and a Greyhound bus ticket bearing Brito’s name. Detectives from the Virginia Beach Police Department arrested Brito and he confessed to the armed robbery. Nearly 40 cellular phones, a .357 handgun, and cash from the Virginia Beach armed robbery were recovered from the defendants.
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 the sentence was imposed by U.S. District Judge Mark S. Davis.
This case was investigated by the FBI’s Norfolk Field Office, and the Norfolk and Virginia Beach Police Departments. U.S. Attorney William D. Muhr and Virginia Assistant Attorney General and Special Assistant U.S. Attorney John F. Butler 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-46.
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Thomas Martinez Arraigned on Federal Carjacking and Firearms ChargesRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez, Kari E. Brandenburg, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD) announced that Thomas Martinez, 26, of Albuquerque, N.M., was arraigned this morning on an indictment charging him with violating the federal carjacking and firearms laws.
During today’s proceeding, Martinez entered a not guilty plea to a four-count indictment that was filed on Aug. 11, 2015, and charged him with two counts of carjacking and two counts of brandishing and discharging a firearm during a carjacking. According to court filings, Martinez committed all four crimes on July 22, 2015, in Bernalillo County, N.M., as he allegedly attempted to evade APD officers who were seeking to arrest him on a warrant arising out of an unrelated state court case.
According a criminal complaint filed on July 23, 2015, Martinez allegedly committed the first carjacking as he attempted to flee from officers conducting surveillance in the vicinity of a hotel in northeast Albuquerque. Martinez allegedly ran to a Chevrolet sedan occupied by a driver and three children as the driver was entering a ramp onto Interstate 40. Martinez allegedly brandished a firearm at the driver, pushed the driver into the passenger seat of the Chevrolet, and used the Chevrolet to continue his flight from the officers. The children were able to get out of the vehicle before Martinez drove away with the driver. An APD officer who was attempting to prevent the carjacking allegedly was dragged by the Chevrolet as Martinez drove away. As Martinez continued his flight, the driver of the Chevrolet began to fight with Martinez in an effort to get him to stop the vehicle. Martinez allegedly responded by discharging a firearm in an attempt to shoot the driver. When Martinez slowed down, the driver was able to jump out of the Chevrolet.
The complaint further alleges that Martinez continued his flight in the Chevrolet and abandoned the vehicle in a neighborhood in southeast Albuquerque. There Martinez allegedly forced his way into a Cadillac sedan occupied by an older man seated in the front passenger seat of the vehicle. As Martinez began to drive away, another man confronted Martinez, got into the Cadillac, and began fighting with Martinez. During the fight, Martinez allegedly attempted to discharge his gun at the man. Shortly thereafter, the man was able to disarm Martinez, and Martinez was arrested by APD officers on state charges.
Martinez remained in state custody on related state charges until he was transferred to federal custody to face the charges in the federal indictment.
If convicted, Martinez faces a statutory maximum penalty of 15 years in federal prison on each of the carjacking charges. If convicted on the first charge of brandishing and discharging a firearm, Martinez faces a statutory mandatory minimum of ten years in prison. If convicted on the second brandishing and discharging count, he faces a mandatory minimum of 25 years in federal prison. The sentences imposed on the firearms charges, 35 years, must be served consecutive to any sentence imposed on the carjacking charges. Charges in indictments are merely accusations. Defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the ATF office in Albuquerque and APD with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney Paul Mysliwiec is prosecuting the case as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, under this initiative.
Sierra Danielle Messer Indicted on Federal Child Pornography ChargesRead the Press Release
KNOXVILLE, Tenn. - A federal grand jury has returned a two-count indictment charging Sierra Danielle Messer, 21, of Newport, Tenn., with knowingly distributing and possessing child pornography involving prepubescent minors. This illegal conduct is alleged to have taken place in June and September 2015.
Messer was arrested on Oct. 8, 2015, in Newport, Tenn., by members of the Knoxville Police Department’s Internet Crimes Against Children Task Force (ICAC), with assistance from the City of Newport Police Department. Following the arrest, an initial appearance was held in U.S. District Court in Knoxville before the Honorable H. Bruce Guyton., U.S. Magistrate Judge, at which the indictment was unsealed and she was apprised of the charges. Messer pleaded not guilty. A detention hearing was conducted on Oct. 15, 2015, the result of which is pending.
Details of the charges are outlined in the indictment which is filed as a public record in the U.S. District Court for the Eastern District of Tennessee at Knoxville.
Members of the public are reminded that these are only charges and that every person is presumed innocent until his or her guilt has been proven beyond a reasonable doubt.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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