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19 November 2015
Utah Man Admits Responsibility for Interfering with Flight CrewRead the Press Release
PITTSBURGH - A Utah resident pleaded guilty in federal court to a charge of interference with flight crew members and attendants, United States Attorney David J. Hickton announced today.
Steven Douglas Pectol, 40, of Mapleton, Utah, pleaded guilty to one count before United States District Judge Mark R. Hornak.
In connection with the guilty plea, the court was advised that, on Oct. 11, 2015, Pectol interfered with the flight crew of US Airways Flight 632 by assaulting and intimidating the flight attendants and crew by disregarding instructions to remain in his seat, making threatening statements, attempting to physically force his way to the front galley of the airplane while pushing one of the attendants, and needing to be physically restrained by attendants and passengers as the plane landed while the defendant attempted to kick and head-butt attendants as he was being restrained. As a result of the defendant’s actions, US Airways Flight 632, flying from Phoenix, Arizona, to New York City, New York, had to be diverted to Pittsburgh International Airport.
Judge Hornak scheduled sentencing for March 16, 2016. The law provides for a total sentence of 20 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney James T. Kitchen is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation conducted the investigation that led to the prosecution of Pectol.
United States Settles False Claims Act Allegations Against Hospice of Citrus County for More Than $3 MillionRead the Press Release
Jacksonville, Florida B U.S. Attorney A. Lee Bentley, III announces that the United States has settled allegations that a hospice company located in Lecanto, Florida knowingly billed the government for medically unnecessary and undocumented hospice services. The allegations resolved included liability under the False Claims Act.
The government has reached a settlement with Hospice of Citrus County (“HOCC”). In reaching this settlement, the parties resolved allegations that HOCC knowingly submitting false claims to the Medicare and Medicaid programs for medically unnecessary hospice care of certain patients who had lengths of stays greater than 1,000 days. Typically, federal healthcare programs only pay for hospice care when patients are in a terminal condition and are expected to live for less than six months. Despite this principle, HOCC treated more than 50 patients for lengths of stays in excess of 3 years.
Specifically, between June 1, 2009, and March 15, 2015, HOCC treated at least 52 patients with lengths of stay in excess of 1,000 days. The government contends that for those 52 patients, HOCC either knowingly or recklessly failed to document a valid basis for the initial start of hospice care and/or subsequent hospice coverage. The failure in documentation included no support for the length of hospice services; patient files that failed to document basic patient characteristics; and patient records that were either unsigned or signed with inconsistent practitioner information.
In some cases, patients were admitted to HOCC simply because their spouse was in hospice care. In other cases, patients were admitted to HOCC under the pretense of having a terminal illness, but then cleared for multiple, lengthy, out-of-state trips over the course of five years. The government has agreed to accept $3,022,000 to resolve these allegations.
“Unfortunately, some healthcare providers seek to defraud Medicare and Medicaid by billing for unnecessary hospice services,” stated U.S. Attorney Bentley. “Left unchecked, this misconduct would deplete funds available for terminally ill patients desperately in need of the relief that hospice care provides.”
This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered more than $26.2 billion through False Claims Act cases, with more than $16.4 billion of that amount recovered in cases involving fraud against federal health care programs.
"Sticking taxpayers with a bill for unnecessary health care services such as hospice care will never be tolerated,” said Special Agent in Charge Shimon R. Richmond of the U.S. Health and Human Services, Office of the Inspector General. “Working shoulder to shoulder with our law enforcement partners, we will tirelessly pursue health care companies that threaten the integrity of Federal health care programs.”
This case was investigated by the Department of Health and Human Services Office of Inspector General, the Florida Attorney General’s Medicaid Fraud Control Unit, and Assistant United States Attorney Jason Mehta.
The claims resolved by this settlement are allegations only, and there has been no determination of liability.
United States Attorney William C. Killian Announces ResignationRead the Press Release
KNOXVILLE, Tenn. – William C Killian, the U.S. Attorney for the Eastern District of Tennessee, has submitted his resignation to President Barack Obama effective Dec. 5, 2015. He is joining a national law firm.
Mr. Killian was sworn into office Oct. 4, 2010, after nomination by President Barack Obama and unanimous confirmation by the United States Senate. He served on the following subcommittees of the Attorney General’s Advisory Committee: Terrorism and National Security, Civil Rights and Healthcare Fraud Working Group.
“U.S. Attorney Bill Killian has served the people of the Eastern District of Tennessee, and all Americans, with extraordinary distinction,” said Attorney General Loretta Lynch. “Under Bill’s outstanding leadership, his office secured landmark settlements in corporate and healthcare fraud cases; worked tirelessly to curb the illegal distribution of prescription drugs; joined local partners in combatting violent crime; and took aggressive action against illegal firearms. In guiding these and many other actions, Bill displayed impeccable judgment, impressive skill, and an unerring sense of fairness. Thanks to his dedicated service, the United States is a safer and more just place. I commend him on a job well done, and wish him the best as he begins the next chapter of his career.”
“Words cannot express the appreciation that I have for the opportunity to serve the people of Eastern Tennessee, granted to me by the efforts of former Congressman Lincoln Davis, the nomination by President Barack Obama, and the approval by Senators Bob Corker and Lamar Alexander. It was my great pride and honor to represent the United States of America in the Eastern District of Tennessee. I will forever be grateful to President Barack Obama for entrusting me with this position. The dedicated professionals in this United States Attorney’s office have performed at the highest level as representatives of the Department of Justice, under the leadership of former Attorney General Eric Holder and current Attorney General Loretta Lynch. The leadership, advice and cooperation of the past and present Attorney General have been invaluable and an integral part of our success. I am humbled by the honor and experience of serving with my fellow United States Attorneys throughout the country,” said U.S. Attorney Bill Killian. “None of the accomplishments would have been possible without the cooperation and coordination of the various local, state and federal agencies,” added Killian.
During his tenure as U.S. Attorney Mr. Killian directed and oversaw the investigation of several matters involving national security, including the Chattanooga shootings that resulted in the deaths of five servicemen. He personally participated in the negotiation of the settlement in the Pilot/Flying J case, the largest corporate financial penalty collected in the history of the district. He, along with the Civil Affirmative Enforcement Assistant U.S. Attorneys, mediated the Hill–Rom matter, the largest civil healthcare fraud settlement in the history of the district. Under his direction, the office established new records for asset forfeiture collections, numbers of convicted individuals illegally distributing prescription pills, including new records for sentences imposed on some of those defendants. His district prosecuted one of the highest numbers of federal firearms offenses in the nation. The office further promoted and participated with local, state and federal agencies and task forces to address and combat violent crime, heroin, methamphetamine, cocaine and other illegal drug sales, and organized gang activity. The district also established new records for child sex trafficking and child pornography convictions through the Internet Crimes Against Children Initiative.
Throughout his service, Eastern District of Tennessee averaged collecting more than $36 million per year, as a result of various forms of fraud perpetrated on the taxpayers of the United States.
During his tenure as U.S. Attorney, Killian made presentations at various national and international seminars and conferences, including the Coalition Against Insurance Fraud and the European Union Office of Harmonization in the Internal Market regarding intellectual property rights prosecutions. He has presented to the Global Association of Certified Fraud Examiners, the Tennessee Hospital Compliance Officers Association, the National State Attorneys General Conference and spoken to the Pharmaceutical Compliance Congress in the District of Colombia on healthcare fraud prevention and prosecution.
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U.S. Attorney's Office Reaches Agreement with Mount Pleasant Public Schools to Provide Appropriate Care for Student with DiabetesRead the Press Release
The U.S. Attorney's Office for the Eastern District of Michigan has reached a settlement with the Mt. Pleasant Public School District to resolve allegations that the district violated the Americans with Disabilities Act (“ADA”) by failing to provide appropriate care for students with diabetes, U.S. Attorney Barbara L. McQuade announced today. The settlement resolves a complaint alleging that the school district did not properly train its staff in providing diabetes care to students, and failed to provide adequate care to a student with diabetes. Title II of the ADA prohibits discrimination on the basis of disability, including diabetes, in public schools. Schools are required to make reasonablemodifications to their policies so that all students, including those with disabilities, have equal access to the school’s programs and activities. Under the terms of the settlement agreement, the school district will create an administrative guideline governing procedures for diabetes care at all schools in the district. The guideline will include a complaint procedure that parents or guardians can follow if they believe their children are not receiving appropriate care. In addition, the district will provide training to its staff on recognizing and responding to diabetes symptoms, and providing care or assisting with self-care for students with diabetes. “All parents, including parents of children with diabetes, should be able to send their children to school in the morning feeling confident that they will receive appropriate care during school hours,” McQuade said. “We commend the Mt. Pleasant Public Schools for working cooperatively to reach this settlement, and for ensuring that all students with diabetes will have an equal opportunity to attend school and participate in school programs and activities.” Those interested in finding out more about this settlement or the obligations of public entities under the ADA may call the U.S. Attorney’s Office Civil Rights Hotline at 313-226-9151, or send an email to [email protected]. Information is also available at the Justice Department’s toll-free ADA information line at 800-514-0301 or 800-514-0383(TDD), or at www.ada.gov.Two Plead Guilty to Robbing Metro Drug Dealers, Murder and Weapons OffensesRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JOE LEE MILLER, age 30, and QUINCY LEE JYNES, age 28, both of New Orleans, pled guilty yesterday in separate Bills of Information before U.S. District Judge Carl J. Barbier. MILLER pled guilty to a seven-count Second Superseding Bill of Information. JYNES pled guilty to a seven-count Fourth Superseding Bill of Information to various robberies, weapons offenses, obstruction of justice, as well as murder. Both face potential life sentences.
According to court documents, MILLER and JYNES participated in home invasion robberies of drug dealers, murder and attempted murder in an effort to make money and/or obtain illegal drugs for later retail sale. They also conspired to use, possess and discharge firearms to further their drug trafficking activity, retaliate against rival gang members, and rob and kill other drug dealers for drugs and drug proceeds.
SECOND SUPERSEDING BILL OF INFORMATION AGAINST JOE LEE MILLER
COUNT
CHARGE
MAXIMUM
PENALTIES
1
18 U.S.C. 924(o); Conspiracy to Use Firearms in Furtherance of Drug Trafficking Crimes and Crimes of Violence
20 Years, $250,000 Fine, 3 Years Supervised Release.
2
18 U.S.C. 1951(b)(3); Conspiracy to Commit Hobbs Act Robbery
20 Years, $250,000 Fine, 3 Years Supervised Release.
3
18 U.S.C. 924(j)(1) and 2; Murder of Oscar Johnson Through Use of a Firearm
Life Imprisonment, $250,000 Fine, 5 Years Supervised Release.
4
18 U.S.C. 924(c)(1)(A)(iii) and 2; Discharge of a Firearm in Furtherance of a Drug Trafficking Crime
10 Years to Life, $250,000 Fine, 5 Years Supervised Release. (Sentence must run consecutive to any other sentence imposed.)
5
18 U.S.C. 1951 and 2; Hobbs Act Robbery
20 Years, $250,000 Fine, 3 Years Supervised Release.
6
18 U.S.C. 1512(c)(2); Obstruction of Justice
20 Years, $250,000 Fine, 3 Years Supervised Release.
7
18 U.S.C. 1951 and 2; Hobbs Act Robbery
20 Years, $250,000 Fine, 3 Years Supervised Release.
Note: Sentences for Counts 2, 3, 5, 6 and 7 could run consecutive to each other and any other sentence he may be serving.
FOURTH SUPERSEDING BILL OF INFORMATION AGAINST QUINCY LEE JYNES
COUNT
CHARGE
MAXIMUM
PENALTIES
1
18 U.S.C. 924(o); Conspiracy to Use Firearms in Furtherance of Drug Trafficking Crimes and Crimes of Violence
20 Years, $250,000 Fine, 3 Years Supervised Release.
2
18 U.S.C. 1951(b)(3); Conspiracy to Commit Hobbs Act Robbery
20 Years, $250,000 Fine, 3 Years Supervised Release.
3
18 U.S.C. 924(j)(1) and 2; Murder of Oscar Johnson Through Use of a Firearm
Life Imprisonment, $250,000 Fine, 5 Years Supervised Release.
4
18 U.S.C. 1951 and 2; Hobbs Act Robbery
20 Years, $250,000 Fine, 3 Years Supervised Release.
5
18 U.S.C. 1512(c)(2); Obstruction of Justice
20 Years, $250,000 Fine, 3 Years Supervised Release.
6
18 U.S.C. 1951 and 2; Hobbs Act Robbery
20 Years, $250,000 Fine, 3 Years Supervised Release.
7
18 U.S.C. 924(c)(1)(A)(iii) and 2; Discharge of a Firearm in Furtherance of a Drug Trafficking Crime
10 Years to Life, $250,000 Fine, 5 Years Supervised Release. (Sentence must run consecutive to any other sentence imposed.)
Note: Sentences for Counts 2, 3, 4, 5 and 6 could run consecutive to each other and any other sentence he may be serving. Sentencing is scheduled for February 18, 2016.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration and the New Orleans Police Department led Multi-Agency Gang Unit in investigating this matter
Assistant United States Attorneys Michael M. Simpson and Michael E. McMahon are in charge of the prosecution.
Two Orlando Men Convicted of Aiming Laser Pointers at AircraftRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury yesterday found Shannan Lee Winemiller (21, Orlando) guilty of knowingly aiming the beam of a laser pointer at a Southwest Boeing 737 aircraft and an Orange County Sheriff’s Office helicopter. Rolando Espinoza (23, Orlando), who requested a bench trial, was also found guilty of the same offenses by United States District Judge Roy B. Dalton, Jr. Both men face a maximum penalty of five years in federal prison. Their sentencing hearings are scheduled for February 1, 2015.
According to testimony and evidence presented at trial, during the late evening hours of July 6 and the early morning hours of July 7, 2015, Espinoza and Winemiller were having a competition with two green laser pointers to see who could strike the most aircraft. Shortly after 11:00 p.m., they struck the cockpit of a Southwest Boeing 737 passenger aircraft on approach to the Orlando International Airport. About an hour later, they struck the cockpit of an Orange County Sheriff’s Office helicopter that was in search of them. Both individuals were arrested by 1:00 a.m. on July 7, 2015.
This case was investigated by the Orange County Sheriff’s Office and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Tiffany L. Cummins.
On February 14, 2012, President Barack Obama signed the FAA Modernization and Reform Act of 2012, which modernizes the nation's aviation system. This Act establishes a new criminal offense for aiming the beam of a laser pointer at an aircraft in the special aircraft jurisdiction of the United States, or at the flight path of such an aircraft. The statute was enacted in response to a growing number of incidents of pilots being distracted or even temporarily blinded by laser beams.
Two Men Charged in Manhattan Federal Court with Sex Trafficking of Minors and Related CrimesRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, and Diego Rodriguez, Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today that DAVID HOPE, a/k/a “Capo,” was arrested for his alleged role as the leader of a sex trafficking and prostitution enterprise, which exploited vulnerable minor girls and young women. HOPE and KEMAR WILLIAMS were charged in a criminal Complaint with conspiracy to commit sex trafficking and sex trafficking of minors. HOPE was also charged with the use of interstate facilities and interstate travel to promote a prostitution enterprise, and with possession of a firearm and ammunition by a previously convicted felon. HOPE was presented before U.S. Magistrate Judge Debra Freeman in Manhattan federal court this afternoon. WILLIAMS remains at large.
Manhattan U.S. Attorney Preet Bharara said: “As alleged, David Hope and Kemar Williams recruited vulnerable minor girls and adult women and then sold them for sex in order to profit from their exploitation. Hope is also alleged to have possessed a firearm and to have used guns, threats, and violence to carry out his illegal operations. The arrest of Hope today should make clear that the trafficking of girls and young women will be prosecuted to the fullest extent possible.”
FBI Assistant Director-in-Charge Diego Rodriguez said: “As alleged, the defendants used violence and fear to prey upon girls and recruit them into a world of exploitation and brutality. Operating out of his Bronx apartment, Hope acted as the leader, with Williams facilitating the prostitution enterprise. The FBI will continue to investigate and bring to justice those who sexually exploit our children.”
According to the allegations in the Complaint unsealed today in Manhattan federal
court[1]:
Since at least 2013, HOPE directed and conducted a criminal sex trafficking and prostitution enterprise (the “Enterprise”) that recruited and exploited minor girls and young women, and then prostituted them using an online classifieds website for his own profit. HOPE, who is wheelchair-bound, operated the Enterprise at his apartment in the Bronx, New York (the “Hope Apartment”), and elsewhere. WILLIAMS participated and engaged in the Enterprise and facilitated the prostitution of minor girls.
Sex trafficking and prostitution enterprises often recruit vulnerable minor victims who lack education, a stable home, family support, and who have suffered past physical and emotional trauma, and exploit those victims’ need for shelter, stability, and affection for their own financial gain. Sex traffickers also prey on young adult women with the same vulnerabilities. Once these sex traffickers have recruited victims, they advertise them on websites dedicated to “escort” services and on classifieds websites. To evade detection by law enforcement, advertisements are posted in the adult entertainment section of the website and purport to offer individuals as mere escorts, but the advertisements signal that they are, in fact, offering individuals for sale for commercial sex acts.
HOPE recruited minors who looked up to him to participate in the Enterprise and other criminal activity, including robberies. HOPE, who was known to carry a firearm, employed myriad tactics – including manipulation, intimidation, coercion, threats, and violence – to recruit and maintain the girls and young women he sold for sex. For example, on at least two occasions, HOPE physically beat one of the adult women he prostituted using his upper body, and on at least one occasion, threatened that victim with a firearm.
At least three minor victims and at least three adults were prostituted by HOPE in the Hope Apartment.
HOPE regularly used the classifieds website Backpage.com (“Backpage”) to advertise young women and girls for commercial sex. HOPE drafted advertisements, chose the sexually provocative photos used in the advertisements, and posted the advertisements using his personal email address and smartphone. When a potential customer responded to an advertisement for commercial sex, HOPE instructed Adult Victim-1 to answer telephone calls or text messages from the customer, ask whether the customers “were affiliated with law enforcement,” and provide the rates that HOPE set for commercial sex. Such rates were based on the length of time that a customer would engage in commercial sex and the number of women or girls involved. For example, on at least two occasions, HOPE offered a “two-girl special” involving minor girls.
When a customer arrived at the Hope Apartment, the customer was escorted by Adult Victim-1 to a room that was enclosed by a curtain and which contained condoms and alcohol and had music playing. Adult Victim-1 then discussed with the customer the length and type of commercial sex acts requested. In the event that such room of the Hope Apartment was occupied by a customer and another customer had arrived at the Hope Apartment, another room in the Hope Apartment was set aside as a waiting area with chairs and some alcohol.
The customer was always required to pay the woman or girl who was prostituted by HOPE in advance of any sexual contact, and all money received from customers was given to HOPE. Adult Victim-1 earned thousands of dollars for HOPE by being prostituted. For example, Adult Victim-1 earned $6,000 over a four-day period for commercial sex, which she gave to HOPE. The amount of money that Minor Victim-1 and Minor Victim-3 received from HOPE for being prostituted was at HOPE’s discretion.
HOPE typically was present in the Hope Apartment while women and girls were being prostituted. HOPE was known to carry a firearm on his person and sometimes slept on top of firearms in the Hope Apartment.
In October 2015, a law enforcement officer (the “UC”) conducted an undercover operation and responded to an advertisement that was posted in the New Haven, Connecticut, section of Backpage and that appeared to be offering minor females for commercial sex as part of a “two girl special” (the “CT Backpage Ad”). The advertisement contained several photos of a female who appeared to be less than 18 years old in sexually provocative poses and had the following heading: “2 freaks❤ . . . Freaky and ready for it.” The UC texted the callback number listed in the advertisement, which instructed the UC to go to a specific room at a motel in Milford, Connecticut (the “Motel”). When the UC approached the door to the room, it was opened by Minor Victim-2, who was prostituted by Hope earlier in 2015. The UC also encountered Minor Victim-1, who was prostituted by HOPE since at least 2013, in the room.
According to records from the Motel, WILLIAMS paid for the Motel room in cash on several days, including on October 26, 2015, the day that the UC encountered Minor Victim-1 and Minor Victim-2. Surveillance video from the Motel also shows WILLIAMS paying a Motel clerk and speaking with HOPE at the Motel. Between August 1, 2015, and November 18, 2015, email addresses believed to have been used by HOPE posted the CT Backpage Ad as well as more than 60 advertisements for commercial sex on Backpage.
HOPE was also charged with possession of a firearm and ammunition by a previously convicted felon. On January 16, 2015, when New York City Police Department (“NYPD”) officers were conducting a search warrant at the Hope apartment, HOPE instructed Minor Female-1 to throw a loaded firearm out of the rear window of the HOPE Apartment. Before it was thrown out of the window, the firearm was in the bed where HOPE was sleeping.
* * *
Attached are charts containing the charges against the defendants and the maximum penalties they face, as well as the defendants’ ages and residences. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants will be determined by the judge.
Any individuals who believe they have information concerning DAVID HOPE, a/k/a “Capo,” or KEMAR WILLIAMS that may be relevant to the investigation should contact the Federal Bureau of Investigation at (212) 384-1000 or https://tips.fbi.gov/.
Mr. Bharara praised the outstanding investigative work of the FBI. He thanked the NYPD for its assistance throughout the investigation, and the United States Attorney’s Office for the District of Connecticut, the Connecticut Child Exploitation Task Force, and the Milford, Connecticut, Police Department for their assistance with investigating the defendants’ operations in Connecticut. Mr. Bharara also thanked the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) and the ATF/NYPD Joint Robbery Task Force (SPARTA) for its assistance in the early stages of the investigation, and noted that the investigation is continuing.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Christopher J. DiMase and Sagar K. Ravi are in charge of the prosecution.
The charges contained in the Complaint are merely accusations and the defendants are presumed innocent unless and until proven guilty.
United States v. David Hope, et al.
COUNT
CHARGE
DEFENDANTS
MAXIMUM PENALTIES[2]
1
Sex Trafficking Conspiracy
(18 U.S.C. § 1591(c))
DAVID HOPE a/k/a “Capo”
KEMAR WILLIAMS
Life
2
Sex Trafficking of Minor Victim-1
(18 U.S.C. § 1591(a) and (b)(2))
DAVID HOPE a/k/a “Capo”
KEMAR WILLIAMS
Life
3
Sex Trafficking of Minor Victim-2
(18 U.S.C. § 1591(a) and (b)(2))
DAVID HOPE a/k/a “Capo”
KEMAR WILLIAMS
Life
4
Use of Interstate Commerce to Promote a Prostitution Enterprise
(18 U.S.C. § 1952(a)(3))
DAVID HOPE a/k/a “Capo”
20 years in prison
5
Felon in Possession
(18 U.S.C. § 922(g))
DAVID HOPE a/k/a “Capo”
10 years in prison
DEFENDANT
RESIDENCE
AGE
DAVID HOPE a/k/a “Capo”
Bronx, New York
28
KEMAR WILLIAMS
Brooklyn, New York
29
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.
[2] The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants will be determined by the judge.
Two Leaders, 13 Members, of Notorious Newark Heroin Ring ChargedRead the Press Release
NEWARK, N.J. – Fifteen people were charged today for their respective roles in one of Newark’s largest and most successful heroin distribution organizations, which operated out of a residential building on Johnson Avenue and sold millions of dollars’ worth of the drug, U.S. Attorney Paul J. Fishman announced.
Among those arrested and charged today are the two alleged leaders of the operations – Almalik Anderson and Quawee Jones (see chart below), who are charged with engaging in a continuing criminal enterprise. They are also charged, along with the 13 other defendants, with one count each of conspiracy to distribute heroin. The nine defendants who are in custody are scheduled to have their initial court appearances later today before U.S. Magistrate Judge Steven C. Mannion in Newark federal court. Six defendants remain at large.
“The charges in the complaint describe a 24/7 illegal drug bazaar that has operated in the middle of a residential neighborhood for years,” U.S. Attorney Fishman said. “This location is just a few doors away from the playing fields of Malcolm X. Shabazz High School and the playground and basketball courts of Terrell James Park. Law abiding citizens shouldn’t have to worry about drug dealing where their children are trying to learn and play. Today’s arrests culminate a coordinated effort by our office, the FBI and local law enforcement to shut down this scourge, and to help reclaim the neighborhood.”
“Almalik Anderson operated a multi-million dollar heroin business out of a residential building in Newark which was ‘closed’ for business today by the FBI and our partners on the Safe Streets Task Force,” Richard M Frankel, FBI special agent in charge, Newark, said. “We are confident taking Anderson and his crew off the streets of Newark will have direct impact on reducing violent crime in the city.”
According to the complaint:
This drug-trafficking group operated out of a residential building at 25 Johnson Ave., Newark. The defendants allegedly ran a sophisticated operation that took advantage of the building’s location on a dead-end street, making it difficult for law enforcement to infiltrate the distribution network despite a constant streams of buyers entering the building at all hours of the day and night. “Lookouts” were paid by the defendants to alert them to any police activity coming onto the block from the only access point on Clinton Avenue. Police could not infiltrate the building without lookouts detecting their presence and signaling the sellers. Members of the drug trafficking organization set up an escape route whereby residents were paid to keep their doors unlocked. The dealers in the hallways would run through the building and exit via fire escapes at the rear of the building or simply hide within the apartments before police could apprehend them. In addition to being paid to keep their doors unlocked, residents were also paid not to report to law enforcement the drug-trafficking activity that was open and notorious within the building’s public areas.
The drug operation worked out of the first floor hallway of the building nearly 24 hours a day and was well-known among heroin users, who came from long distances in several different counties throughout New Jersey. The defendants allegedly worked in carefully planned “shifts” of approximately five distributors in order to handle the constant flow of heroin buyers. The heroin sold was of a high quality and, thus, attracted numerous buyers. The heroin was sold in various “brands,” which were stamped onto the glassine envelopes that contained the heroin, allowing buyers to identify and purchase the brands that they preferred. The defendants sold on average one to two kilograms of heroin per week between February 2015 and November 2015, the investigation revealed.
Based upon the quantities sold, information from court-authorized wiretaps of the two leaders’ phones, and other evidence obtained in the case, the profit from the heroin distribution at 25 Johnson Avenue is estimated to be between $4 million and $7 million a year. The charges are the result of an investigation led by the FBI, which included court-authorized wiretaps, numerous undercover recorded purchases of heroin from at least 15 different individuals inside the building, and seizures of heroin and guns.
The count of running a continuing criminal enterprise carries a minimum sentence of 20 years and a maximum sentence of life in prison. The count of conspiracy to distribute one kilogram or more of heroin carries a minimum sentence of 10 years and a maximum sentence of life in prison.
U.S. Attorney Fishman credited special agents of the FBI and task force officers assigned to the FBI’s Safe Streets Task Force, of FBI Special Agent in Charge Richard M. Frankel, for the investigation leading to the charges. He also thanked police officers and detectives of the Newark Police Department, under the direction of Director Eugene Venable and Chief Anthony Campos; the Essex County Sheriff’s Office under the direction of Armando B. Fontoura; the N.J. State Parole Board, under the direction of Chairman James T. Plousi; and the Orange Police Department, under Director John Wade Jr., for their work on the investigation.
The government is represented by Assistant U.S. Attorney Robert Frazer of the Organized
Crime/Gangs Unit in the Criminal Division in Newark.
The charges and allegations contained in the federal criminal complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Defendant
Age
Residence
Charge
Almalik Anderson, a/k/a “S,” a/k/a “Sco”
36
Newark
Continuing criminal enterprise;
Conspiracy to distribute heroin
Quawee Jones, a/k/a “Hatman”
32
Newark
Continuing criminal enterprise;
Conspiracy to distribute heroin
Kasim Bacon, a/k/a “City”
37
unknown
Conspiracy to distribute heroin
Maurice Green, a/k/a “Crack”
21
Newark
Conspiracy to distribute heroin
Davin Lee, a/k/a “Kiss”
26
Newark
Conspiracy to distribute heroin
Christopher Williams, a/k/a “Whooty”
28
Newark
Conspiracy to distribute heroin
*Elijah Henderson, a/k/a “Fresh”
27
Newark
Conspiracy to distribute heroin
*Shakir Amos, a/k/a “Ya Ya”
29
Newark
Conspiracy to distribute heroin
*Omar Johnson, a/k/a “Flip”
30
Newark
Conspiracy to distribute heroin
*Shaahid Cureton, a/k/a “Dilly”
31
Newark
Conspiracy to distribute heroin
*Darryle Robinson, a/k/a “Silk”
39
Newark
Conspiracy to distribute heroin
Melvin Ellison, a/k/a “Mellie”
25
Newark
Conspiracy to distribute heroin
*Darren Brown, a/k/a “D-Block”
28
Newark
Conspiracy to distribute heroin
Temir Hill, a/k/a “Goldie”
29
Newark
Conspiracy to distribute heroin
Salik Amos, a/k/a “Slim”
21
Newark
Conspiracy to distribute heroin
*denotes still at large
Three New York Men Sentenced for Traveling to New Jersey to Violently Extort Divorce Consent from Recalcitrant HusbandRead the Press Release
TRENTON, N.J. – Three New York men were sentenced today for their roles in a scheme to cross state lines and violently coerce a recalcitrant husband to grant his wife a religious divorce, U.S. Attorney Paul J. Fishman announced.
Avrohom Goldstein, 36, of Brooklyn, New York, was sentenced to 45 months in prison. Ariel Potash, 42, of Monsey, New York, was sentenced to 14 months in prison. Sholom Shuchat, 31, of Brooklyn, was sentenced to time served. All three defendants previously pleaded guilty before U.S. District Judge Freda L. Wolfson to separate informations charging them each with one count of traveling in interstate commerce to commit extortion. Judge Wolfson imposed all three sentences today in Trenton federal court.
According to documents filed in this case and statements made in court:
On Oct. 9, 2013, Avrohom Goldstein, Potash, Shuchat and a group of conspirators – including Avrohom’s brother, Moshe Goldstein, 32, his father, Jay Goldstein, 61, David Hellman, 33, Simcha Bulmash, 32, and Binyamin Stimler, 40, all of Brooklyn – traveled from New York to a warehouse in Edison, New Jersey, with the intent of forcing a Jewish husband to give his wife a “get,” a document which, according to Jewish Law, must be presented by a husband to his wife to effect their divorce.
Avrohom Goldstein, Potash and Shuchat admitted that when they arrived at the warehouse, the group met with an individual who, unbeknownst to them, was an undercover FBI agent posing as the husband’s brother in law. Avrohom Goldstein and others discussed a plan to confine, restrain and threaten the victim. Shuchat was there to witness and authenticate the get, which Potash would later deliver to the wife.
The group was then arrested by a team of FBI agents and charged by criminal complaint – along with rabbis Mendel Epstein, 70, of Lakewood, New Jersey, and Martin Wolmark, 57, of Monsey – in connection with the scheme.
Avrohom Goldstein also admitted that on Aug. 22, 2011, he and others went to a residence in Brooklyn where they restrained, assaulted and injured another recalcitrant husband and his roommate in an attempt to extort a divorce from the husband.
In addition to the prison term, Judge Wolfson sentenced Avrohom Goldstein, Potash, and Shuchat to each serve two years of supervised release.
Moshe Goldstein previously pleaded guilty to one count of traveling in interstate commerce to commit extortion and was sentenced Nov. 16, 2015 to four years in prison. Hellman and Bulmash previously pleaded guilty to one count of traveling in interstate commerce to commit extortion and were sentenced Nov. 17, 2015 to 44 and 48 months in prison, respectively. Wolmark, who pleaded guilty to conspiracy to travel in interstate commerce to commit extortion, is scheduled for sentencing on Dec. 14, 2015.
Epstein, Jay Goldstein and Stimler were all convicted at trial on April 21, 2015. Epstein, who was convicted of conspiracy to commit kidnapping, is scheduled for sentencing on Dec. 15, 2015. Stimler and Jay Goldstein, both convicted of conspiracy to commit kidnapping and attempted kidnapping, are scheduled for sentencing on Dec. 15, 2015 and Dec. 16, 2015, respectively.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Richard M. Frankel in Newark, for the investigation leading to today’s sentencing. He also thanked the Lakewood, New Jersey, Police Department for its role.
The government is represented by Assistant U.S. Attorneys R. Joseph Gribko and Sarah Wolfe of the U.S. Attorney’s Office in Trenton.
Defense counsel:
Goldstein: Charles Edward Waldron Esq., Lawrenceville, New Jersey
Potash: Jacob Laufer Esq., New York
Shuchat: Ellen B. Resnick Esq., New York
Three Companies and Three Individuals Charged in Fatal 2012 Gulf of Mexico Oil Drilling Platform ExplosionRead the Press Release
Black Elk Energy Offshore Operations LLC, Grand Isle Shipyards Inc., Wood Group PSN Inc., as well as Don Moss, 46, of Groves, Texas, Curtis Dantin, 50, of Cut-Off, Louisiana, and Christopher Srubar, 40, of Destrehan, Louisiana, have been charged with crimes for a November 2012 explosion on an oil production platform that resulted in the death of three workers, the injury of others and an oil spill, announced the Department of Justice’s Environment and Natural Resources Division and the U.S. Attorney’s Office for the Eastern District of Louisiana.
According to the indictment, the defendants were involved in different capacities while construction work was being done of the West Delta 32 platform when it exploded. Black Elk Energy Offshore Operations LLC and Grand Isle Shipyards Inc. are charged with three counts of involuntary manslaughter, eight counts of failing to follow proper safety practices under the Outer Continental Shelf Lands Act (OCSLA) and one count of violating the Clean Water Act. Wood Group PSN Inc., Moss, Dantin and Srubar are charged with felony violations of OCSLA and the Clean Water Act.
“Workers lives can depend on their employer’s faithfulness to the law, not least of all those working in oil and gas production where safety must be a paramount concern,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and natural Resources Division. “The Justice Department is committed to enforcing the nation’s bedrock environmental laws that protect the environment, and the health and safety of all Americans.”
“The energy sector represents a vital industry in this region, but its work must be performed responsibly,” state U.S. Attorney Kenneth Polite for the Eastern District of Louisiana. “Today’s indictment underscores that we will hold accountable all parties – both businesses and individuals – whose criminality jeopardizes our environment or risks the loss of life.”
“Developing domestic sources of energy must be done responsibly and safely,” said Assistant Special Agent in Charge Dan Pflaster of EPA’s Criminal Enforcement Program in Louisiana. “EPA will continue to work with its law enforcement partners to hold companies fully accountable for illegal conduct and to assure compliance with laws that protect the public and the delicate Gulf Coast ecosystem from harm.”
The Outer Continental Shelf Lands Act and federal regulations govern welding and activities that generate heat or sparks, known as “hot work,” on oil production platforms in U.S. waters. Because this work can be hazardous and cause explosions, regulations mandate specific precautions that must be taken before the work can commence. For instance, before hot work can be performed, pipes and tanks that had contained hydrocarbons must be isolated from the work or purged of hydrocarbons. Gas detectors and devices used to prevent gas from travelling through pipes must be used. According to the Indictment, these safety precautions were not followed and an explosion causing the deaths of three men and a spill resulted
An indictment is only an allegation of wrongdoing and the defendants are presumed innocent unless proven guilty at trial.
The case was investigated by the U.S. Department of Interior Office of Inspector General and EPA’s Criminal Investigations Division. The case is being prosecuted by Emily Greenfield of the U.S. Attorney’s Office for the Eastern District of Louisiana and by Kenneth E. Nelson of the Environmental Crimes Section of the Department of Justice.
Three Companies and Three Individuals Charged in Fatal 2012 Gulf of Mexico Oil Drilling Platform ExplosionRead the Press Release
WASHINGTON – Black Elk Energy Offshore Operations LLC, Grand Isle Shipyards Inc., Wood Group PSN Inc., as well as Don Moss, 46, of Groves, Texas, Curtis Dantin, 50, of Cut-Off, Louisiana, and Christopher Srubar, 40, of Destrehan, Louisiana, have been charged with crimes for a November 2012 explosion on an oil production platform that resulted in the death of three workers, the injury of others and an oil spill, announced the Department of Justice’s Environment and Natural Resources Division and the U.S. Attorney’s Office for the Eastern District of Louisiana.
According to the indictment, the defendants were involved in different capacities while construction work was being done of the West Delta 32 platform when it exploded. Black Elk Energy Offshore Operations LLC and Grand Isle Shipyards Inc. are charged with three counts of involuntary manslaughter, eight counts of failing to follow proper safety practices under the Outer Continental Shelf Lands Act (OCSLA) and one count of violating the Clean Water Act. Wood Group PSN Inc., Moss, Dantin and Srubar are charged with felony violations of OCSLA and the Clean Water Act.
“Workers lives can depend on their employer’s faithfulness to the law, not least of all those working in oil and gas production where safety must be a paramount concern,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and natural Resources Division. “The Justice Department is committed to enforcing the nation’s bedrock environmental laws that protect the environment, and the health and safety of all Americans.”
“The energy sector represents a vital industry in this region, but its work must be performed responsibly,” stated U.S. Attorney Kenneth Polite for the Eastern District of Louisiana. “Today’s indictment underscores that we will hold accountable all parties – both businesses and individuals – whose criminality jeopardizes our environment or risks the loss of life.”
“Developing domestic sources of energy must be done responsibly and safely,” said Assistant Special Agent in Charge Dan Pflaster of EPA’s Criminal Enforcement Program in Louisiana. “EPA will continue to work with its law enforcement partners to hold companies fully accountable for illegal conduct and to assure compliance with laws that protect the public and the delicate Gulf Coast ecosystem from harm.”
The Outer Continental Shelf Lands Act and federal regulations govern welding and activities that generate heat or sparks, known as “hot work,” on oil production platforms in U.S. waters. Because this work can be hazardous and cause explosions, regulations mandate specific precautions that must be taken before the work can commence. For instance, before hot work can be performed, pipes and tanks that had contained hydrocarbons must be isolated from the work or purged of hydrocarbons. Gas detectors and devices used to prevent gas from travelling through pipes must be used. According to the Indictment, these safety precautions were not followed and an explosion causing the deaths of three men and a spill resulted
An indictment is only an allegation of wrongdoing and the defendants are presumed innocent unless proven guilty at trial.
The case was investigated by the U.S. Department of Interior Office of Inspector General and EPA’s Criminal Investigations Division. The case is being prosecuted by Emily Greenfield of the U.S. Attorney’s Office for the Eastern District of Louisiana and by Kenneth E. Nelson of the Environmental Crimes Section of the Department of Justice.
Tampa Transient Charged with Failure to Register as A Sex OffenderRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Shawn Eugene Conrad (47), a transient found in Tampa, with failure to register as a sex offender. If convicted, he faces a maximum penalty of 10 years in federal prison.
According to the indictment, Conrad was convicted of statutory rape in Missouri in October 2010, and was as therefore required under the Sex Offender Registration and Notification Act (SORNA) to register with law enforcement in Missouri or in any other place he traveled to. In August 2015, Conrad was in found in Tampa and had not registered as a sex offender.
SORNA is part of the Adam Walsh Child Protection and Safety Act of 2006. The Adam Walsh Act also provides for the use of federal law enforcement resources, including the U.S. Marshals Service, to assist states in locating and apprehending non-compliant sex offenders.
An indictment is merely a formal charge that a defendant has violated one or more federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the United States Marshals Service. It will be prosecuted by Assistant United States Attorney Amanda C. Kaiser.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Springfield Man Charged with Failing to Register as a Sex OffenderRead the Press Release
BOSTON – Phillip Jordan, 50, of Springfield, was indicted in U.S. District Court in Springfield on one count of failing to register as a sex offender.
According to court documents, Jordan was convicted in 1984 of rape with a knife, gross sexual misconduct and kidnapping in York County Superior Court in Maine. He traveled from Maine to Springfield in August 2015 and failed to register as a sex offender in Massachusetts until October 2015.
The charging statute provides a sentence of no greater than 10 years in prison, a lifetime of supervised release and a fine of $250,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz and John Gibbons, U.S. Marshal for the District of Massachusetts made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Alex J. Grant of Ortiz’s Springfield Branch Office.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
South Portland Man Sentenced to 10 Years for Being a Felon in Possession of a FirearmRead the Press Release
Contact: David B. Joyce
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced that Wayne Sunderland, a/k/a "Sean Johnson," a/k/a "Thomas Butler," 32, of South Portland, Maine, was sentenced today in U.S. District Court by Chief Judge Nancy Torresen to 10 years in prison and three years of supervised release for being a felon in possession of a firearm. Sunderland pleaded guilty on July 9, 2015.
According to court records, on May 23, 2015, Johnson pulled alongside another vehicle with two occupants stopped at a traffic light located at the intersection of Payne Road and the Maine Turnpike Approach/Connector Road in Scarborough. Johnson fired a shot into the vehicle missing both occupants and lodging in the driver side door. He fled down Payne Road. A passing motorist reported the incident by calling 9-1-1. Scarborough police officers responded and located Johnson’s vehicle parked in a driveway a short distance away. Johnson was found and arrested hiding in nearby woods. A police K-9 led officers to Johnson’s firearm, a Glock nine millimeter semi-automatic pistol that was buried under leaves near his vehicle. Johnson was prohibited from possessing firearms due to a 2013 felony drug trafficking conviction in Maine.
The case was investigated by the Scarborough Police Department; and the Southern Maine Gang Task Force comprised of agents and officers from the Federal Bureau of Investigation; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Drug Enforcement Administration; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; and the Portland, South Portland, and Lewiston Police Departments.
Sentencings for November 13 - November 19, 2015Read the Press Release
William J. Jeffress, 31, was sentenced by Federal District Court Judge Scott W. Skavdahl on November 19, 2015, for conspiracy to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine. Jeffress was arrested in Gillette, Wyoming. He received 120 months imprisonment, to be followed by five years of supervised release, and was ordered to pay a $500.00 fine and a $100.00 special assessment. This case results from an ongoing Organized Crime Drug Enforcement Task Forces (OCDETF) joint investigation conducted by the Wyoming Division of Criminal Investigation and the U.S. Drug Enforcement Administration. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
Travis N. Taylor, 35, of Buffalo, Wyoming, was sentenced by Federal District Court Judge Scott W. Skavdahl on November 19, 2015, for conspiracy to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine. Taylor was arrested in Cheyenne, Wyoming. He received 87 months imprisonment, to be followed by four years of supervised release, and was ordered to pay a $100.00 special assessment. This case results from an ongoing Organized Crime Drug Enforcement Task Forces (OCDETF) joint investigation conducted by the Wyoming Division of Criminal Investigation and the U.S. Drug Enforcement Administration. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
Colin Dean Amos, 26, of Ethete, Wyoming, was sentenced by Federal District Court Judge Scott W. Skavdahl on November 17, 2015, for assault resulting in serious bodily injury. Amos was arrested in Riverton, Wyoming. He received 45 months imprisonment, to be followed by three years of supervised release, and was ordered to pay a $100.00 special assessment. Restitution in this case will be determined at a later time. This case was investigated by the Federal Bureau of Investigation.
Juan Pablo Vasquez-Campos, 32, of Mexico, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on November 13, 2015, for illegal re-entry of a previously deported alien into the United States. Vasquez-Campos was arrested in Cheyenne, Wyoming. He received time served, plus ten days, was ordered to pay a $100.00 special assessment, and is subject to deportation upon release from custody. This case was investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement.
Jeremy Glenn Steeley, 38, of Fort Scott, Kansas, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on November 13, 2015, for possession with intent to distribute 50 grams or more of methamphetamine. Steeley was arrested in Rawlins, Wyoming. He received 57 months imprisonment, to be followed by three years of supervised release, and was ordered to pay a $100.00 special assessment. This case was investigated by the Wyoming Division of Criminal Investigation.
Self Proclaimed “Gingerbread Man” Sentenced for Escape from Federal Halfway HouseRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y. U.S. Attorney William J. Hochul, Jr. announced today that Lamar Nelson, 27, of Rochester, NY, who was convicted of escape, was sentenced to 18 months in prison by U.S. District Court Judge David G. Larimer.Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that the defendant was convicted in federal court in 2010 for possession with intent to distribute crack cocaine. As part of that sentence, the Bureau of Prisons assigned Nelson to the Volunteers of America Residential Reentry Center in Rochester in September of 2014. However, in November 2014, Nelson left the Residential Reentry Center without authorization and failed to return.
While at the Volunteers of America Residential Reentry Center, Nelson was also sanctioned for using drugs, possessing contraband, and failing to follow the Center’s employment release program. In addition to his conviction for narcotics possession, Nelson is also a convicted sex offender, having been convicted in 2007 of raping a 13 year old girl.
The United States Marshal’s Service, along with members of the New York and New Jersey Regional Fugitive Task force began to search for the defendant in and around Rochester. During this time, Nelson exchanged phone calls and emails with the Deputy Marshal in charge of the investigation in which Nelson acknowledged that he was a fugitive, and at one point claimed that he was the “gingerbread man.” Despite this, Nelson was taken into custody without incident by the United States Marshal’s Service on April 30, 2015.
The sentencing is the culmination of an investigation by the United States Marshal’s Service, under the direction of Charles Salina, United States Marshal.
Scranton Woman Charged with Acting as A Getaway Driver for Two Area Bank RobberiesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today the filing of criminal charges against Stephanie Ann Ware, age 26, of Scranton, Pennsylvania, charging her with aiding and abetting the robbery of two banks by acting as a getaway driver.
The two-count Criminal Information alleges that Ware aided Lee Sokalsky in the commission of the following bank robberies:
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the robbery ofthe NBT Bank, 736 Main Street, Dickson City, Pennsylvania, on July 25, 2014;
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the robbery of the Mauch Chunk Trust Bank, 226 Claremont Avenue,Tamaqua, Pennsylvania, on August 26, 2014;
Lee Sokalsky was previously indicted by a Federal Grand Jury and is pending trial.
The government filed a plea agreement with the defendant which is subject to approval by the court.
The case was investigated by special agents of the Federal Bureau of Investigation, Hazleton Police Department, Rush Township Police Department, Dickson City Police Department, Pennsylvania State Police, and the Scranton Police Department. Prosecution is assigned to Assistant United States Attorney John Gurganus.
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 statutes and the Federal Sentencing Guidelines.
In this particular case, the maximum penalty for each robbery is 20 years’ imprisonment. Ware faces a term of supervised release following imprisonment, and a fine if convicted. 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 defendants, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Sacramento Man Charged with Conspiracy to Produce Child Pornography Using Children in the PhilippinesRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a four-count indictment today against Michael Carey Clemans, 55, of Sacramento, charging him with a conspiracy to produce child pornography, production and receipt of child pornography, and the buying of children, United States Attorney Benjamin B. Wagner announced.
According to court documents, beginning in June 2014, Clemans conspired with a woman in the Philippines to produce child pornography. During most of the conspiracy, Clemans resided in Bangkok, Thailand, where he worked as an airline pilot. In April 2015, Clemans returned to his Sacramento residence and continued his overseas conspiracy using his Yahoo! account to chat online with the Filipino woman. In these chats, Clemans discussed various strategies to obtain minor females to engage in sexually explicit conduct. They discussed details of the photo shoots, with Clemans asking for additional photos and expressing his desire to have sex with girls as young as eight years old. Over the course of the conspiracy, Clemans paid thousands of dollars to the woman so she would orchestrate sexually explicit photo shoots of underage girls, buy photographic equipment, and rent discrete photo shoot locations, among other things. The government alleges that on multiple occasions, payments were made to the guardians of children in the Philippines in exchange for temporary custody of the children so that the child pornography could be produced. Clemans was arrested by federal authorities in July 2015.
This case is the product of an investigation by the Federal Bureau of Investigation and the Philippine National Bureau of Investigation. Special Assistant United States Attorney Josh F. Sigal is prosecuting the case.
If convicted, Clemans faces a maximum statutory penalty of life in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Ride or Die Gang Members Sentenced on Firearm and Drug ViolationsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that TYONE BURTON, a/k/a “Peanut,” age 22, and NYSON JONES, a/k/a “Nycie,” age 31, both of New Orleans, were sentenced yesterday after having previously pled guilty to federal firearm and drug violations.
U.S. District Judge Susie Morgan sentenced BURTON and JONES to 121 months and 87 months, respectively. Additionally, both defendants will serve four years of supervised release following imprisonment.
BURTON and JONES were two of twelve defendants charged with conspiring to distribute cocaine base in the St. Roch neighborhood. In addition, all twelve defendants were charged with conspiring to possess firearms in furtherance of their drug trafficking crimes. Three defendants were also charged with conspiring to violate the Racketeer Influenced Corrupt Organization Act, as well as substantive acts of violence.
To date, eight defendants charged in this case have pled guilty to various charges. Co-defendant ANDREALIE LEWIS was previously sentenced to 48 months incarceration; ERVIN SPOONER was previously sentenced to 108 months of incarceration; TRE CLEMENTS was previously sentenced to 96 months; and ROMALIS PARKER was previously sentenced to 70 months. The following co-defendants are currently pending several sentencing hearings over the next three months: MORRIS SUMMERS, age 25, TYRONE BURTON, a/k/a “Man Man,” age 21; and PERRY WILSON, a/k/a “Yummy,” age 24. Three defendants were convicted following trial and are waiting sentencing as well: DELOYD JONES, a/k/a “Puggy,” age 23; BYRON JONES, a/k/a/ “Big Baby,” age 25; and SIDNEY PATTERSON, a/k/a “Duda Man,” age 24.
According to court documents and evidence presented at trial, the defendants were members and associates of the “Ride or Die” gang, which they also referred to as “R.O.D.” The Ride or Die gang was initially formed in or about 2007 and continued to exist through in or about 2013. During the course of the federal investigation into the gang, agents learned that the defendants used a house, located at 1632 Mandeville Street, among other locations, as a base of operations to package, sell, and store narcotics, as well as store firearms.
U.S. Attorney Polite praised the work of the Bureau of Alcohol, Tobacco, Firearms and Explosives as part of the metro area’s Multi-Agency Gang Unit (MAG) in investigating this matter. As an integral component of NOLA FOR LIFE’s Group Violence Reduction Strategy, the MAG Unit consists of a partnership with New Orleans Police Department (NOPD); Orleans Parish District Attorney’s Office (DA); Orleans Parish Sheriff’s Office (OPSO); Louisiana State Police (LSP); Parole Board of the Louisiana Department of Corrections; United States Attorney’s Office (USAO); Federal Bureau of Investigation (FBI); Drug Enforcement Administration (DEA); United States Marshal’s Service (USMS); and the United States Probation & Parole Office for the Eastern District of Louisiana. Assistant United States Attorneys Nolan D. Paige, Marquest Meeks and Special Assistant United States Attorney Brian Ebarb were in charge of the prosecution.
Prior Felon from Albuquerque Pleads Guilty to Federal Firearms ChargesRead the Press Release
ALBUQUERQUE – Trinidad Gallegos, 46, of Albuquerque, N.M., pleaded guilty today in federal court to firearms charges, announced U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI), Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD), and Bernalillo County Sheriff Manuel Gonzales, III. Under the terms of his plea agreement, Gallegos will be sentenced to eight years in federal prison followed by a term of supervised release to be determined by the court.
Gallegos was arrested in July 2015, on an indictment charging him with assaulting a federal law enforcement officer with a deadly weapon and being a felon in possession of a firearm and ammunition on Aug. 20, 2014, in Bernalillo County, N.M. On that day, Gallegos was prohibited from possessing firearms or ammunition because of his status as a convicted felon. Court records reflect that Gallegos has been convicted of possession of a controlled substance, possession and uttering of counterfeit obligations and securities, making false statement, larceny, forgery, conspiracy to commit unlawful taking of a vehicle, possession of methamphetamine with intent to distribute, possession of a firearm or destructive device by a felon and felon in possession of a firearm and ammunition.
During today’s proceedings, Gallegos pled guilty to being a felon in possession of firearms and ammunition. Gallegos admitted that on Aug. 20, 2014, as he attempted to flee from law enforcement officers in a tow truck where he possessed a shotgun and ammunition, he collided into a vehicle driven by a federal law enforcement officer. Gallegos further admitted that after colliding with the officer, he continued driving the tow truck backwards down the street and crashed into another vehicle. Gallegos ran away and broke into homes as he attempted to evade arrest. Gallegos acknowledged that as a convicted felon, he was not allowed to possess firearms or ammunition.
Gallegos remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque offices of Homeland Security Investigations and the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Albuquerque Police Department and the Bernalillo County Sheriff’s Office 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.
Portland Man Pleads Guilty to Armed Bank Robbery and Gun ChargesRead the Press Release
Contact: Jamie Guerrette
Assistant United States Attorney
Tel: (207) 780-3257
Portland, Maine: United States Attorney Thomas E. Delahanty II announced today that Francis J. Ready, 59, of Portland, pled guilty in U.S. District Court to armed bank robbery and using a firearm during the commission of a crime of violence.The charges arose out of the armed bank robberies of TD Bank in Portland on October 3, 2015 and of Bangor Savings Bank (“BSB”) in Portland on October 12, 2015. In both instances, the defendant used a firearm to rob the banks. He absconded with $2,846 from TD Bank and with $14,189 from BSB. Following the BSB robbery, he was apprehended by a Portland Police officer in a nearby parking area and found to be in possession of a silver Harrington and Richardson revolver.
Ready faces up to 25 years in prison, five years of supervised release, and a $250,000 fine on the armed bank robbery charges and a mandatory consecutive seven years in prison for using a firearm to commit the robberies.
The investigation was conducted by the Portland Police Department; and the Southern Maine Gang Task Force comprised of agents and officers from the Federal Bureau of Investigation; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Drug Enforcement Administration; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; and the Portland, South Portland, and Lewiston Police Departments.
Portland Man Charged with Being a Felon in Possession of a FirearmRead the Press Release
Contact: David B. Joyce
Assistant United States Attorney
Tel: (207) 780-3257
Portland, Maine: United States Attorney Thomas E. Delahanty II announced today that Moses Okot, 27, of Portland has been charged by criminal complaint with being a felon in possession of a firearm.The charge arises out of a shooting that took place on November 16, 2015 in the vicinity of Fore and Market Streets in Portland’s Old Port district. According to the complaint, Okot possessed a Springfield Armory USA Model SA XD-9 subcompact handgun that was recovered from a vehicle that he drove that day. Okot was prohibited from possessing the firearm because of a 2011 conviction for felony murder.
If convicted, Okot faces up to 10 years in prison, three years of supervised release, and a $250,000 fine.
It is expected that Okot will make an initial appearance in federal court today at noon.
The investigation is being conducted by the Portland Police Department; and the Southern Maine Gang Task Force comprised of agents and officers from the Federal Bureau of Investigation; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Drug Enforcement Administration; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; and the Portland, South Portland, and Lewiston Police Departments.
A criminal complaint is merely an accusation, and a defendant is presumed innocent unless proven guilty in a court of law.Ponemah Man Convicted of Aggravated Sexual Assault on the Red Lake Indian ReservationRead the Press Release
United States Attorney Andrew M. Luger today announced the conviction of DANA LEE COBENAIS, 23, an enrolled member of the Red Lake Band of Chippewa, for aggravated sexual abuse. A jury returned a guilty verdict after a three-day trial before Senior U.S. District Judge Richard Kyle. A sentencing date has not been set.
As proven at trial, on March 14, 2015, a victim, Jane Doe, had spent part of the day with COBENAIS. When she decided to leave his company, COBENAIS got into her car and would not leave until she agreed to give him a ride. During the course of the ride, COBENAIS grew angry and punched the victim several times in the face. He proceeded to sexually assault her. COBENAIS then got out of the vehicle. The victim drove away but her vehicle ran out of gas near the town of Redby, Minn. Red Lake Police responded to a call for help and noticed that the woman was bleeding extensively. She was taken to the hospital where emergency surgery was performed to repair extensive injuries.
Because the Red Lake Indian Reservation is a federal-jurisdiction reservation, some of the crimes that occur there are investigated by the FBI in conjunction with the Red Lake Tribal Police Department. Those cases are prosecuted by the U.S. Attorney’s Office.
Violence against American Indian women occurs at epidemic rates. In 2005, Congress found that one in three American Indian women is raped during her lifetime, and American Indian women are nearly three times more likely to be battered during their lives than Caucasian women.
The U.S. Justice Department is taking steps to increase engagement, coordination, and action relative to public safety in tribal communities, including the creation of the Violence Against Women Federal and Tribal Prosecution Task Force. This task force will explore current issues raised by professionals in the field and recommend “best practices” in prosecution strategies involving domestic violence, sexual assault and stalking.
To learn more about the Justice Department’s Tribal Safety program, visit http://www.justice.gov/tribal/.
This case is the result of an investigation conducted by the FBI and Red Lake Police Department.
This case is being prosecuted by Assistant U.S. Attorney Clifford B. Wardlaw.
Defendant Information:DANA LEE COBENAIS, 23
Ponemah, Minn.Convicted:
- Aggravated sexual abuse, 1 count
Plattsburgh Man Receives 40 Years for Child Pornography ProductionRead the Press Release
PLATTSBURGH, NEW YORK – Heath Powers, age 34, of Plattsburgh, New York, was sentenced today to serve 40 years in prison as a result of his convictions for production, distribution and possession of child pornography, announced United States Attorney Richard S. Hartunian and Andrew W. Vale, Special Agent-in-Charge of the Albany Division of the Federal Bureau of Investigation.
U.S. District Court Judge Mae A. D’Agostino also ordered Powers to serve a lifetime of supervised release, to begin upon his release from prison. Powers must also register as a sex offender.
Powers, a former youth theater group leader, admitted that between June and August 2014, he used a minor to engage in sexually explicit conduct and took photos of that conduct. Powers distributed images he produced of his victim in the hopes of receiving, from other people, additional child pornography depicting other minors.
This case was investigated by the Federal Bureau of Investigation and was prosecuted by Assistant United States Attorney Katherine Kopita.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, 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 identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Pittsburgh Man Pleads Guilty to Cocaine Trafficking ConspiracyRead the Press Release
PITTSBURGH -A Pittsburgh resident pleaded guilty in federal court to a charge of conspiracy to possess with intent to distribute and distribute 500 grams or more of cocaine, United States Attorney David J. Hickton announced today.
Anthony Donald, 48, pleaded guilty to one count before United States District Judge Mark R. Hornak.
In connection with the guilty plea, the court was advised that in 2013, the Federal Bureau of Investigation and other agencies joined forces in a multi-agency wiretap investigation of drug trafficking and violence in the Homewood section of Pittsburgh. The interception of wire and electronic communications began in December 2013 and continued through the end of August 2014. During that timeframe, Anthony Donald was intercepted over the wire conspiring with others to possess with intent to distribute and distribute cocaine, which was shipped from California to the Western District of Pennsylvania through the United States Postal Service or commercial carrier.
Judge Hornak scheduled sentencing for April 8, 2016. The law provides for a minimum sentence of five years in prison, a maximum sentence of 40 years in prison, a fine of not more than $5,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history of the defendant.
Pending sentencing, the court continued the defendant’s bond.
Assistant United States Attorney Tonya Sulia Goodman is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, the Greater Pittsburgh Safe Streets Task Force, Wilkinsburg Police Department, Allegheny County Sheriff’s Office, Pennsylvania Office of the Attorney General, Munhall Police Department, Duquesne Police Department, Monroeville Police Department, Allegheny County Police Department, West Mifflin Police Department, Bellevue Police Department and the Pittsburgh Bureau of Police conducted the investigation that led to the prosecution of Anthony Donald.
Physician Sentenced to 72 Months in Prison for Role in Detroit-Area Medicare Fraud SchemeRead the Press Release
A Detroit-area physician who led and directed a multimillion-dollar Medicare fraud scheme through his medical practice was sentenced today to 72 months in prison.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Barbara L. McQuade of the Eastern District of Michigan, Special Agent in Charge David P. Gelios of the FBI’s Detroit Field Office and Special Agent in Charge Lamont Pugh III of the U.S. Department of Health and Human Services-Office of Inspector General (HHS-OIG) made the announcement.
Dr. Hicham A. Elhorr, 48, of Dearborn, Michigan, was sentenced by U.S. District Judge Nancy G. Edmunds of the Eastern District of Michigan. In addition to imposing the prison term, Judge Edmunds ordered Elhorr to pay $2,073,108.16 in restitution.
According to admissions in his plea agreement, from approximately August 2008 through September 2012, Elhorr and his coconspirators fraudulently billed Medicare $4.2 million for purported in-home physician services. Elhorr admitted that he employed unlicensed individuals through his visiting physician practice, House Calls Physicians PLLC, who held themselves out as licensed physicians and purported to provide physician home visits and other services to Medicare beneficiaries in Michigan. The unlicensed individuals prepared medical documentation that Elhorr and other licensed physicians signed as if they had performed the visits when, in fact, no licensed physicians had treated the beneficiaries.
This case was investigated by the FBI and HHS-OIG and brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office of the Eastern District of Michigan. The case was prosecuted by former Assistant Chief Catherine K. Dick and Trial Attorneys Matthew C. Thuesen and F. Turner Buford of the Criminal Division’s Fraud Section.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged approximately 2,300 defendants who have collectively billed the Medicare program for more than $7 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov.
Philadelphia Man Charged with Illegally Receiving Dead Mother's BenefitsRead the Press Release
PHILADELPHIA - Rannie Henley, Sr., 78, of Philadelphia, Pennsylvania, was charged by Information with one count of theft of government funds, announced United States Attorney Zane David Memeger. According to the Information, the defendant received retirement benefits intended for his mother, after his mother’s death in January 2011 until his fraud was discovered in February 2015. The defendant’s alleged actions resulted in a loss to the government of approximately $60,567.
If convicted, the defendant faces a substantial period of incarceration, a three‑year period of supervised release, restitution to the government of $60,567, 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 Amanda R. Reinitz.
An Information is an accusation. A defendant is presumed innocent unless and until proven guilty.
Philadelphia Man Charged in Pizzeria RobberiesRead the Press Release
PHILADELPHIA - George Smith, 26, of Philadelphia, PA, was charged today by Indictment with Hobbs Act robberies and attempted Hobbs Act robbery, announced United States Attorney Zane David Memeger.
According to the indictment, on August 20, 2015, Smith robbed the Pizza Hut restaurant at 2916 N. Broad Street, in Philadelphia and, a day later, robbed the Domino’s Pizza at 2628 N. Broad Street. It is further alleged that on August 24, 2015, Smith robbed the 7-Eleven at 2042 N. Broad Street. If convicted of all charges, Smith defendant faces a maximum possible sentence of 60 years in prison, a fine, up to three years of supervised release, a $300 special assessment.
The case was investigated by the Federal Bureau of Investigation and the Philadelphia Police Department. It is being prosecuted by Assistant United States Attorney Arlene Fisk.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Peabody Man Sentenced to Prison for Stealing Almost a Million Dollars Worth of iPads from EmployerRead the Press Release
BOSTON – The former Director of Technical and Development Operations at a South Boston-based media technology company was sentenced today for a fraud scheme in which he stole almost a million dollars’ worth of iPads and other Apple products from his employer.
Michael S. Denning, 34, of Peabody, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to 78 months in prison, three years of supervised release and ordered to pay restitution of $1,391,618. In January 2015, Denning pleaded guilty to one count of mail fraud and one count of filing false tax returns. After Denning was charged with the crime, he went on to commit a similar crime at a different company.
In late 2010, Denning began working at a South Boston-based media technology company. Denning’s job responsibilities included purchasing computer equipment, software, and other technology-based products for use by company employees. Shortly after he was hired, Denning began ordering extra Apple computer equipment, primarily iPads, from a wholesale computer vendor used by the company. Denning then intercepted these packages and sold them for cash, initially on eBay and Craigslist and later to eBay resellers. Denning generated and submitted fraudulent invoices so that the company would pay the wholesale vendor. Denning would change the description on the invoices so that they would appear to be for other items that he had legitimately purchased, such as software licenses, toner cartridges, computer monitors and other items. He also took measures to conceal the fraud with the wholesale vendor, for instance by falsely noting that the iPads ordered were for “new hires.” By the end of 2013, Denning, who was promoted to Director of Technical and Development Operations, had ordered almost a million dollars of Apple computer equipment in this manner. Only a handful of these products were legitimate purchases for employees. Denning also filed income tax returns that falsely listed his salary as his only source of income.
While Denning was negotiating a plea to the above charges, he began working for a new employer, and again developed a scheme involving creating false invoices. By the time the scheme was uncovered, Denning had stolen $380,000. The judge noted that he had considered the additional fraud in imposing the sentence of 78 months.
United States Attorney Carmen M. Ortiz; James V. Buthorn, Acting Special Agent in Charge of the United States Postal Service; and William P. Offord, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Amy Harman Burkart of Ortiz’s Cybercrime Unit.
Offshore Oil Platform Operator Agrees to More Than $41 Million in Penalties for Unauthorized Oil Discharges and Improper Operations in Gulf of MexicoRead the Press Release
In the continuing joint enforcement action by the U.S. Department of the Interior’s Bureau of Safety and Environmental Enforcement (BSEE) and the U.S. Environmental Protection Agency (EPA) and in a separate BSEE administrative action, ATP Oil & Gas Corp. ATP has agreed to resolve actions under the Clean Water Act (CWA) and the Outer Continental Shelf Lands Act (OCSLA) concerning unauthorized discharges of oil and chemicals from a floating oil and gas production platform into the Gulf of Mexico, announced the Department of Justice, BSEE and EPA. The two agreements impose a combined total of $41.85 million in judicial and administrative penalties for the violations.
The first settlement agreement, lodged today in the U.S. District Court for the Eastern District of Louisiana, resolves all U.S. claims against ATP in a case filed in February 2013. The United States alleges that ATP discharged oil and an unauthorized chemical dispersant into the Gulf of Mexico from ATP’s oil and gas production platform known as the ATP Innovator. A BSEE inspection of the ATP Innovator in March 2012 revealed alleged unlawful discharges of oil and a piping configuration that routed an unpermitted dispersant – a chemical mixture to break up oil – into the facility’s wastewater discharge pipe to mask excess oil being discharged into the ocean. At the time of the discovery, ATP was the operator of the facility and ATP Infrastructure Partners (ATP-IP) was the non-operating owner. The ATP Innovator was operating in the Mississippi Canyon area of the Gulf of Mexico, approximately 45 nautical miles offshore of southeastern Louisiana. The platform was removed from the deepwater production site in 2013 and towed to port in Corpus Christi, Texas. ATP is going through a Chapter 7 bankruptcy proceeding and is no longer operating. The penalty and injunctive relief claims against ATP-IP were settled last year and approved by the court in May of this year.
The settlement agreement resolves the judicial claims against ATP by imposing a CWA civil penalty of $38 million. Injunctive relief concerns related to the safe future operation of the ATP Innovator were addressed by ATP-IP in a prior settlement.
A related settlement agreement approved today by the U.S. Bankruptcy Court for the Southern District of Texas resolves the U.S. claim for judicial and administrative penalties that was filed in the bankruptcy action. Through the settlement, ATP agrees to an allowed unsecured claim of $38 million for the judicial civil penalty judgment specified in the District Court Settlement Agreement.
In addition, ATP agrees in the Bankruptcy Settlement Agreement to an administrative penalty of $3.85 million for related violations of OCSLA regulations. BSEE cited ATP for several violations of OCSLA related to the oil discharges and other improper operations on the platform that were identified during the March 2012 inspection and ATP appealed some of those citations to the Department of the Interior’s Board of Land Appeals (IBLA). Through the Bankruptcy Settlement Agreement, the $3.85 million administrative penalty for the citations will be treated as a final allowed claim in the bankruptcy case.
“ATP’s illegal and unsafe actions in the Gulf of Mexico warrant this concerted enforcement effort to deter it and others in the oil and gas industry from committing similar misconduct,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division. “No operator should place oil production goals ahead of protection of its workers or the marine environment.”
“This case serves as a reminder that BSEE will thoroughly investigate illegal conduct in offshore oil and gas operations and will aggressively pursue enforcement actions where appropriate,” said Director Brian Salerno of BSEE. “We will continue to work with the Department of Justice, the EPA and our other federal partners to bring these types of actions against companies that break the law and put their workers or the environment at risk.”
“Protecting the Gulf means protecting one of the nation’s most vital economic and ecologic resources,” said Regional Administrator Ron Curry, EPA. “Companies operating in the Gulf must do their part in ensuring it remains as healthy and productive as possible.”
The proposed settlement agreement is subject to a 30-day public comment period and court review and approval. A copy of the Settlement Agreement is available on the Department of Justice website at: www.justice.gov/enrd/consent-decrees.
Odessa Brothers Sentenced to Federal Prison for Drug/Firearms ViolationsRead the Press Release
In Midland, two Odessa brothers convicted on federal drug and firearms charges earlier this year were sentenced to lengthy prison terms announced United States Attorney Richard L. Durbin, Jr., Homeland Security Investigations (HSI) Special Agent in Charge Waldemar Rodriguez, El Paso Division, Ector County Sheriff Mark Donaldson and Odessa Police Chief Timothy Burton.
Pedro Saucedo Madrid (aka “Kiko”), age 40, and Elizar Saucedo Madrid (aka “Chiquito”), age 38, were sentenced to 460 months and 255 months in federal prison, respectively, by Senior U.S. District Judge Robert A. Junell earlier today.
In August, a federal jury convicted Pedro Saucedo Madrid of one count of conspiracy to possess with intent to distribute a controlled substance; three counts of possession of a firearm during and in relation to a drug trafficking crime; and, two counts of felon in possession of a firearm. The jury also convicted Elizar Saucedo Madrid of one count of conspiracy to possess with intent to distribute a controlled substance; two counts of possession of a firearm during and in relation to a drug trafficking crime; and, one count of felon in possession of a firearm.
On December 5, 2014, HSI special agents, Ector County Sheriff’s deputies and Odessa Police officers executed a search warrant at the defendants’ residence and seized distribution quantities of methamphetamine, heroin and cocaine along with two semi-automatic weapons. During a traffic stop on February 7, 2015, Ector County authorities seized cocaine, methamphetamine, a sawed-off 12-gauge shotgun and three 9mm semi-automatic pistols from inside Pedro Madrid’s vehicle. Testimony revealed that both defendants had prior felony convictions; Pedro in 1993 for Arson in Ector County; and Elizar, in 2008 for Obstruction and Retaliation in Ector County. Courtroom testimony also revealed that Pedro threatened the life of his co-defendant, Albert Prieto of Odessa, in an attempt to prevent Prieto from testifying during trial.
Prieto, who pleaded guilty to the drug conspiracy charge prior to jury selection, was sentenced earlier this month to 63 months in federal prison.
This case was investigated by the Homeland Security Investigations (HSI) together with the Ector County Sheriff’s Department and the Odessa Police Department. Assistant United States Attorney LaTawn Warsaw prosecuted this case on behalf of the Government.
News ConferenceRead the Press Release
News Conference
November 20, 2015
2:30 p.m.
U.S. Attorney’s Office, 445 Broadway, Albany, NY 12207
Second FloorALBANY, NEW YORK – United States Attorney Richard S. Hartunian, along with Andrew W. Vale, Special Agent-in-Charge of the Albany Division of the Federal Bureau of Investigation, and Ronald Whitsett, Assistant Special Agent in Charge at the New York Office of IRS-Criminal Investigation, will hold a news conference tomorrow, November 20, at 2:30 p.m., in the U.S. Attorney’s Office.
The conference concerns the sentencing of Scott Valente, which is scheduled to take place in Albany on November 20, starting at 11 a.m., before the Hon. Gary L. Sharpe, U.S. District Judge.
Media has been granted permission to bring cameras and cell phones to the U.S. Attorney’s Office Second-Floor Conference Room.
News releases will be distributed at the conference. Further information will not be available until the conference.
New Jersey Couple Sentenced for Roles in Tax FraudRead the Press Release
TRENTON, N.J. – A Union County, New Jersey certified public accountant who ran a tax return preparation business with his wife was sentenced today to four years in prison for his role in a multi-year tax fraud scheme, in which he filed hundreds of false tax returns with the IRS to generate fraudulently inflated refunds for clients, some of which he took for himself, U.S. Attorney Paul J. Fishman announced.
Following a two-week trial before U.S. District Judge Anne E. Thompson in June 2015, Courtney Johnson, 45, of Union Township, New Jersey, was convicted of six counts of aiding and assisting in the preparation of false federal income tax returns. Judge Thompson imposed the sentence today in Trenton federal court. Johnson’s wife, Carol Johnson, 45, who ran the business with him, previously pleaded guilty to misprision of a felony and was sentenced Nov. 5, 2015, to three years of probation. The Johnsons operated tax preparation businesses in South Orange and Jersey City, New Jersey.
According to documents filed in this case and the evidence at trial:
Courtney Johnson prepared and filed federal individual income tax returns that were materially false and fraudulent. The returns attached schedules for fictitious businesses that the taxpayers did not own or operate, inflated charitable contributions, fabricated itemized deductions – all to generate fraudulently inflated refunds.
Judge Thompson also sentenced Courtney Johnson to one year of supervised release, fined him $50,000 and ordered him to pay $10,280 in restitution. She ordered Carol Johnson to pay $93,385 in restitution.
U.S. Attorney Fishman credited special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Jonathan D. Larsen, with the investigation leading to today’s guilty verdict.
The government is represented by Assistant U.S. Attorneys Jane H. Yoon and Jillian J. Reyes of the Criminal Division in Newark.
Defense counsel:
Courtney Johnson: Thomas R. Ashley Esq., Newark
Carol Johnson: Leslie Sinemus Esq., South Orange, New Jersey
Montgomery County Man Sentenced to over Three Years in Prison Arising from a $1.1 Million Fraud Scheme Targeting Victims Found on Online Dating SitesRead the Press Release
Greenbelt, Maryland - U.S. District Judge Paul W. Grimm sentenced Krist Koranteng, age 34, of Burtonsville and Laurel, Maryland, today to 33 months in prison, followed by three years of supervised release, for a mail and wire fraud conspiracy, and for money laundering, in connection with a scheme in which the conspirators pretended to be romantically interested in the victims in order to cause the victims to send money to Koranteng’s business. Koranteng was also sentenced to five months in prison, consecutive to the fraud sentence, for violating his supervised release related to a previous federal drug conviction. Judge Grimm also entered an order requiring Koranteng to pay restitution of $1,171,657, which represents the full amount of the victims’ losses.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Kevin Perkins of the Federal Bureau of Investigation; Special Agent in Charge James Murray of the United States Secret Service - Washington Field Office; and Chief J. Thomas Manger of the Montgomery County Police Department.
According to his plea agreement, between September 2012 and February 2014, Koranteng and others executed a scheme in which the conspirators searched online dating websites to initiate romantic relationships with men and women, including several elderly individuals, in order to obtain money from those individuals. Members of the conspiracy used phone calls, emails, and text messages to form romantic relationships with the victims.
According to the plea agreement, to execute the scheme, the conspirators used a number of false stories and promises to convince the victims to give money to the members of the conspiracy, including: stories about investing in fake gold that required payments for shipping and storage; fictitious sick family members who needed money; fake hospital bills; and fake plane trips to visit the victims. Members of the conspiracy convinced the victims to mail checks to Kristsons LLC, a corporation that Koranteng created and controlled, or to wire money into bank accounts held in the name of that corporation, which Koranteng also controlled.
To conceal the scheme from the victims, the conspirators created false documents, including false certificates of origin certifying the existence of gold bars, and false documentation creating the impression that the gold bars were being stored at a safe house for a fee.
Koranteng disbursed the money that he received from the victims by transferring money to other accounts, by withdrawing sums of money, and by writing checks to other individuals. For example, on May 30, 2013, Koranteng transferred by wire $39,039.88 from one of his business’ bank accounts to another account, with the knowledge that the transaction involved the proceeds of a criminal offense.
Koranteng was regularly in communication with his co-conspirators immediately following a victim’s transfer of money into Koranteng’s business bank accounts. For example, on February 20, 2013, a victim transferred $25,000 into Koranteng’s business bank account in Maryland. That same day, Koranteng’s co-conspirator sent an email to Koranteng that included two attachments: a receipt for that victim’s wire transfer; and a purported agreement indicating the victim believed she was investing in gold bars by transferring the money to Koranteng.
In addition to receiving money from the victims during the conspiracy, Koranteng also used a false name to order and send roses to one victim. Shortly thereafter, that victim mailed a check in the amount of $65,000 to Koranteng’s business in Maryland, which Koranteng deposited.
Koranteng’s participation in the wire and mail fraud conspiracy violated the terms of his supervised release for a 2013 conviction for conspiracy to distribute and possess with intent to distribute heroin.
United States Attorney Rod J. Rosenstein praised the FBI, U.S. Secret Service and Montgomery County Police Department for their work in the investigation, and thanked the Ohio Attorney General’s Office for its assistance. Mr. Rosenstein thanked Assistant United States Attorneys Leah J. Bressack and David I. Salem, who prosecuted the case.
Mobile Man Sentenced to More Than Five Years in Child Pornography CaseRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Theron Bryce Brown, 42, of Mobile, was sentenced this morning to 65 months in prison for receiving child pornography. Following his release from prison, Brown will be supervised for fifteen years by the United States Probation Office and required to register as a sex offender.
Brown pled guilty to receiving child pornography via the internet. As part of his plea, Brown admitted that he received images of child pornography via the internet via a laptop computer in 2010 and 2011.
This case was investigated by the Mobile Police Department and the Federal Bureau of Investigation, and was prosecuted by Assistant United States Attorney Sean P. Costello. The investigation was pursued as part of Project Safe Childhood, the Department of Justice’s initiative to combat the proliferation of technology-facilitated sexual exploitation crimes against children. For more information, please visit http://www.justice.gov/psc
Missouri and Arkansas Physician Sentenced to 15 Years for Online Sexual Enticement of a ChildRead the Press Release
Fort Smith, Arkansas - Kenneth Elser, Acting United States Attorney for the Western District of Arkansas, announced that Donald Wayne Lamoureaux, age 69, of Hardy, Arkansas, was sentenced today to 15 years in federal prison and ten years of supervised release on one count of Coercion and Enticement of a Minor. The Honorable P.K. Holmes, III presided over the sentencing hearing in the United States District Court in Fort Smith. Lamoureaux previously practiced family medicine in Horseshoe Bend, Arkansas and Dexter, Missouri and was also employed at the VA Medical facility in West Plains, Missouri.
According to court records, officers with the Fort Smith Police Department began an undercover online investigation on January 4, 2015 directed at individuals who were using the internet to target minors for purposes of engaging in illegal sexual activity. During the operation, an undercover officer entered an internet chat room posing as an adult mother offering her four year old daughter for sexual exploitation. The undercover officer then made contact with the Defendant, later identified as Donald Wayne Lamoureaux. During the online conversation, Lamoureaux stated that he was a family practice doctor living in Northeast Arkansas, and provided the undercover officer with a picture of himself. From the information and picture provided, the undercover officer was able to identify the individual as Donald W. Lamoureaux. Lamoureaux then expressed that he would like to meet the undercover officer and her four year old daughter for sexual purposes. Following more discussion, the undercover officer and Lamoureaux scheduled a meeting for February 6, 2015 at a hotel in West Plains, Missouri with the supposed and stated purpose for him to sexually abuse the child. On February 2, 2015, Lamoureaux asked the undercover officer to set up a bank account so he could deposit money for expenses associated with the transportation of the four-year-old child to meet with him. Lamoureaux made the deposit in the amount of $300.00 on February 4, 2015. He was arrested in West Plains, Missouri on Friday, February 6, 2015, when he arrived at the meeting location.
This case was investigated by the Fort Smith Police Department, Homeland Security Investigations, the Northwest Arkansas/ River Valley Internet Crimes Against Children Taskforce, the West Plains Police Department, and the Southwest Missouri Cyber Crimes Taskforce. Assistant United States Attorney Dustin Roberts prosecuted the case for the United States.
The 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 their Criminal Division Child Exploitation and Obscenity Sections (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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Related court documents may be found on Public Access to Electronic Records Website @www.Pacer.gov
Mississippi Man Arrested and Charged with Attempted Child Enticement and Transportation of Child PornographyRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces the arrest and charging by criminal complaint of Clayton Junior Thornburg (53, Luka, Mississippi) for attempted child enticement and transportation of child pornography. If convicted, he faces a maximum penalty of life in federal prison.
According to the criminal complaint, beginning in August, 2015, and continuing through November 18, 2015, Thornburg communicated online with an undercover Homeland Security Investigations special agent who was posing as a 13-year-old girl. During the online communications, Thornburg graphically discussed the illegal sexual activities that he wanted to engage in with the “child” and sent the “child” an image of his penis. Additionally, he sent the “child” both child and adult pornography, including videos that were sadistic in nature.
This case is being investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It will be prosecuted by Assistant United States Attorney Amanda C. Kaiser.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Mexican National Sentenced to 96 Months in Prison for Armed Robbery of a McDonald’s Restaurant in New MexicoRead the Press Release
ALBUQUERQUE – Pablo Salgado-Cervantes, 25, a Mexican national illegally residing in Albuquerque, N.M., was sentenced today in federal court to 96 months and one day in prison for violating the Hobbs Act and federal firearms laws by brandishing a firearm during an armed robbery of a McDonald’s restaurant on Sept. 3, 2014. Salgado-Cervantes will be deported after completing his prison sentence.
Salgado-Cervantes was charged on Sept. 4, 2014, in a criminal complaint with robbing the McDonald’s restaurant located at 5900 Menaul NE in Albuquerque at gunpoint on three separate occasions: July 1, 2014, July 9, 2014 and Sept. 3, 2014. The criminal complaint also charged him with robbing the McDonald’s restaurant located at 8315 Montgomery Blvd. NE in Albuquerque at gunpoint on July 9, 2014.
On Jan. 21, 2015, Salgado-Cervantes was charged in a five-count indictment with four counts of violating the Hobbs Act by robbing a business involved in interstate commerce and one count of brandishing firearms during crimes of violence.
Salgado-Cervantes was arrested on the federal charges on Feb. 9, 2015, after he was transferred into federal custody from state custody where he was facing related state charges. The state charges were subsequently dismissed in favor of federal prosecution.
On Aug. 19, 2015, Salgado-Cervantes pled guilty to Counts 4 and 5 of the indictment. In entering his guilty plea, Salgado-Cervantes admitted that on Sept. 3, 2014, he robbed the McDonald’s restaurant located at 5900 Menaul NE. He also admitted brandishing a firearm to coerce an employee to give him money from the safe. Salgado-Cervantes further admitted hitting the employee with the butt of his firearm before fleeing from the restaurant with the cash he stole.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney Presiliano Torrez prosecuted the case.
Mexican National Sentenced to 20 Years Imprisonment for Distributing Methamphetamine, Heroin, and Cocaine in Madison and Norfolk, NebraskaRead the Press Release
United States Attorney Deborah R. Gilg announced that Eduardo Valenzuela-Nunez, 34, of Sonora Mexico, was sentenced on November 19, 2015, to 20 years in prison by United States District Judge John M. Gerrard. Valenzuela-Nunez had previously pled guilty for his involvement in a conspiracy responsible for distributing hundreds of pounds of controlled substances in Nebraska as well as throughout the United States. Locally, the conspirators were involved in the distribution of multiple pounds of “ice” methamphetamine, heroin, and cocaine in the Madison and Norfolk, Nebraska, areas dating back to January of 2002.
This case was the result of a joint investigation by the Drug Enforcement Administration, the Nebraska State Patrol, and Homeland Security Investigations.
Mexican National Indicted for Violations of the Federal Gun Control ActRead the Press Release
U.S. Attorney Kenneth A. Polite announced that OMAR RICO-ALMANZA, age 34, a citizen of Mexico, was charged in a one-count Indictment for violations of the Federal Gun Control Act.
According to the Indictment, on or about November 5, 2015, RICO-ALMANZA, an alien present illegally in the United States, was found in possession of a SCCY, Model CPX-2, 9mm semi-automatic pistol.
If convicted of these charges, RICO-ALMANZA faces a maximum term of imprisonment of ten years, a fine of $250,000, three years supervised release after imprisonment, and a $100 special assessment.
U.S. Attorney Polite praised the work of the Homeland Security Investigations of the U.S. Department of Homeland Security, in investigating this matter. Assistant United States Attorney Spiro G. Latsis is in charge of the prosecution.
Mason Woman, Megan Kolberg, Guilty of Embezzling from Mason State BankRead the Press Release
Megan Kolberg Admits to Stealing Over $100,000.00 and Staging Armed Bank Robbery
GRAND RAPIDS, MICHIGAN — United States Attorney Patrick A. Miles, Jr., announced today that Megan Kolberg, age 37, of Mason, Michigan, pled guilty in federal court to bank embezzlement. She faces up to 30 years’ imprisonment, supervised release of up to five years, and will be ordered to pay restitution to Mason State Bank.
According to the plea agreement, Kolberg admitted to embezzling more than $130,000 from Mason State Bank’s Cedar Street branch between December 2009 and May 21, 2013, where she worked as a teller. She regularly embezzled cash from the bank and concealed her embezzlement by making false entries in the bank’s books and records. On May 21, 2013, as bank officials and law enforcement officers were beginning to uncover her embezzlement, Kolberg reported that as she was checking the outside ATM prior to closing the bank for the day, an armed man emerged from some nearby bushes, stole approximately $120,000 from the ATM and her teller drawer, and destroyed the surveillance tape. At her plea hearing, Kolberg admitted that she staged the bank robbery in an effort to explain why the balances of the accounts that she controlled at the bank were greater than the actual cash on hand at the branch.
“Crimes of this nature are not just crimes against an institution, they cause financial losses to the public.” said David P. Gelios, Special Agent in Charge of the FBI, Detroit Division. “It was a strong collaboration between our Lansing office and the Mason Police Department that solved this case and, ultimately, that’s a win for the public.”
Kolberg will be sentenced in the United States District Court for the Western District of Michigan on February 29, 2016 at 2:00 p.m.
The investigation was conducted by the Lansing office of the Federal Bureau of Investigation and the Mason Police Department. The prosecution is being handled by Assistant U.S. Attorney Ronald M. Stella.
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Man Arrested in Wilkes-Barre After Drug Transaction Sentenced on Firearms Related OffensesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jorge Mojica, age 25, of Wilkes-Barre was sentenced yesterday by U.S. District Court Judge Richard P. Conaboy in Scranton, for possessing and brandishing a firearm in connection with a drug trafficking offense. Judge Conaboy sentenced Mojica to 84 months in prison to be followed by three years of federal supervised release.
According to United States Attorney Peter Smith, Mojica was arrested after selling .12 grams of heroin in the parking lot of Chacko’s Bowling Center on Wilkes-Barre Boulevard, Wilkes-Barre, Pennsylvania. The car Mojica was riding in at the time of the illegal drug transaction was pulled over by police and Mojica was found to be in possession of an additional 2.3 grams heroin and two loaded firearms.
This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a districtwide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes.
The case was investigated by the ATF, Wilkes-Barre Police Department, and the Pennsylvania State Police. Special Assistant U.S. Attorney Jill Mathews, of the Luzerne County District Attorney’s Office, and Assistant U.S. Todd K. Hinkley prosecuted the case.
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Luzerne County Man Sentenced to 97 Months in Prison for Receiving and Distributing Child PornographyRead the Press Release
SCRANTON--The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 25-year-old Pittston man who admitted to receiving and distributing child pornography between 2013 and February 2015, was sentenced yesterday to 97 months in prison by U.S. District Court Judge Robert D. Mariani in Scranton.
According to United States Attorney Peter Smith, the defendant, Steven Wolfe, previously pleaded guilty to using a computer to download and distribute images of child pornography to others, including persons in the United Kingdom.
Wolfe was indicted by a federal grand jury in April 2015, as a result of an investigation by Homeland Security Investigations and Kent Police in England. Luzerne County Detectives and Pittston Police assisted in the investigation.
Judge Mariani ordered Wolfe to serve five years on supervised release following his prison sentence. Wolfe must also register as a sex offender and comply with all of the requirements of the Sex Offender Registration and Notification Act.
This case was brought as part of Project Safe Childhood, a nationwide initiative
launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Assistant U.S. Attorney Francis P. Sempa prosecuted the case.
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Los Banos Woman Indicted for Stealing Social Security BenefitsRead the Press Release
FRESNO, Calif. — Alice Pigg, 63, of Los Banos, was indicted yesterday by a federal grand jury charging her with stealing benefits paid by the United States Social Security Administration (SSA) and concealing material information from the SSA to obtain benefits, United States Attorney Benjamin B. Wagner announced.
According to the indictment, from December 2008 to June 2014, Pigg stole money paid by the SSA by failing to disclose, despite multiple inquiries from the SSA, that she lived with her husband and shared financial resources with her husband. Pigg shared a bank account that received her husband’s salary, which was at least $140,000 a year during the time period in which Pigg stole money from the SSA, and which later received his pension benefit payments. As a result, Pigg obtained SSA benefits to which she was otherwise not entitled and used them for her own personal expenses.
This case is the product of an investigation by the U.S. Social Security Administration, Office of Inspector General. Assistant United States Attorney Patrick R. Delahunty is prosecuting the case.
If convicted of stealing public money, Pigg faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. If convicted of concealing material information for use in obtaining SSA benefit payments, Pigg faces a maximum statutory penalty of five years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Local Immigration Lawyer Sentenced to 24 Months in Federal Prison on Aggravated Identity Theft ConvictionRead the Press Release
DALLAS — Sherin Thawer, a Dallas attorney, was sentenced today by U.S. District Judge Jane J. Boyle to 24 months in federal prison, following her guilty plea in August 2015 to a federal felony offense stemming from her work in representing aliens, that is, non-U.S. citizens, before the U.S. Department of Homeland Security (DHS), U.S. Citizen and Immigration Service (USCIS), announced U.S. Attorney John Parker of the Northern District of Texas.
Thawer, 45, pleaded guilty to one count of aggravated identity theft. She was initially on pre-trial release following her arrest on an indictment in February 2015; however, she has been in custody since June 15, 2015, when the Court revoked her pre-trial release after finding she violated its conditions by continuing to practice immigration law.
According to documents filed in the case, Thawer represented aliens before USCIS when they were applying for various types of visas to enter or remain in the U.S., including through a U Nonimmigrant Status or U-Visa. To be eligible for a U-Visa, the alien must have been a victim of a certain crime, suffered mental or physical abuse because of the crime, and helped law enforcement in the investigation and/or prosecution of the crime. In addition to the U-Visa application, applicants must submit a Law Enforcement Certification form completed and signed by the certifying official for the law enforcement agency that investigated and/or prosecuted the crime for which the alien was a victim.
On approximately March 21, 2012, Thawer, without authority, knowingly used the name and badge number of a specific police officer to complete the Law Enforcement Certification form that was submitted with a U-Visa application. She knew the officer had not completed the form and that his signature on the form was forged.
U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), the Irving Police Department, and USCIS investigated. Special Assistant U.S. Attorney Dan Gividen and Assistant U.S. Attorney Aaron Wiley prosecuted.
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Lewisburg Man Charged with Tax EvasionRead the Press Release
WILLIAMSPORT – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Brian Bolus of Lewisburg, Pennsylvania, owner of BPK Management has been charged with income tax evasion.
According to United States Attorney Peter Smith, Bolus, age 45, is charged with income tax evasion in a Criminal Information filed yesterday in U.S. District Court in Williamsport. The government alleged that, as president of BPK Management, Bolus understated income and taxes due resulting in a false income tax return for tax year 2012.
The Information alleges in 2012, Bolus underreported taxes by $139,203.
The government also filed a plea agreement, including payment of taxes and penalties with the defendant which is subject to approval by the court.
The investigation was conducted by the Internal Revenue Service Criminal Investigation Division, and the Federal Bureau of Investigation. Assistant United States Attorney Wayne P. Samuelson is assigned to prosecute the case.
Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this case, the maximum penalty under federal law is five years of 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 an accurate indicator of the potential sentence for a specific defendant.
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Las Cruces Woman Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Sylvia A. Jasso, 48, of Las Cruces, N.M., pleaded guilty today in federal court to a methamphetamine trafficking charge under a plea agreement with the U.S. Attorney’s Office.
Jasso and her co-defendant Mario L. Vaughns, 46, also of Las Cruces, were arrested in March 2015, and charged in a criminal complaint with conspiracy and possession of methamphetamine with intent to distribute on March 7, 2015, in Doña Ana County, N.M. According to the criminal complaint, on March 7, 2015, New Mexico State Police officers executed a traffic stop on Jasso’s vehicle based on information from the DEA that Jasso was routinely trafficking methamphetamine into Las Cruces. Court documents indicate that law enforcement officers recovered approximately 262 grams of methamphetamine from under the floorboards of Jasso’s vehicle on March 7, 2015.
Jasso and Vaughns were subsequently indicted on June 17, 2015, and charged with conspiracy to distribute methamphetamine and possession of methamphetamine with intent to distribute on March 7, 2015, in Doña Ana County, N.M.
During today’s change of plea hearing, Jasso pled guilty to a felony information charging her with conspiracy to possess methamphetamine with intent to distribute. Jasso admitted that on March 7, 2015, she and Vaughns traveled to Phoenix, Ariz., to pick up methamphetamine with the intention to travel back to Las Cruces to distribute the methamphetamine when they were stopped by law enforcement.
At sentencing, Jasso faces a maximum statutory penalty of 20 years in federal prison followed by not less than three years of supervised release. A sentencing hearing has yet to be scheduled.
Vaughns pled guilty to the indictment on Oct. 16, 2015, and admitted that on March 7, 2015, he and Jasso traveled to Phoenix to pick up methamphetamine, and were driving back to Las Cruces to distribute the methamphetamine when they were stopped by law enforcement who subsequently found the methamphetamine. At sentencing, Vaughns faces a minimum of five years and a maximum of 40 years in federal prison followed by not less than four years of supervised release. A sentencing hearing has yet to be scheduled.
This case was investigated by the Las Cruces office of the DEA and the New Mexico State Police and is being prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.
Kansas City Man Indicted in Prairie Village Credit Union RobberyRead the Press Release
KANSAS CITY, KAN. - A federal grand jury Thursday indicted a Kansas City man on a charge of robbing a credit union in Prairie Village, Kan., U.S. Attorney Barry Grissom said.
Tarone Hollins, also known as Tarone Shipp, 41, Kansas City, Mo., is charged with one count of bank robbery. The indictment alleges that on Oct. 22, 2015, Hollins robbed the Community America Credit Union, 7620 State Line Road in Prairie Village, Kan. An affidavit filed in the case alleges that after photos from the robbery were made public the FBI received 11 tips via the Greater Kansas City Crime Stoppers identifying Hollins as the robber.
If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $250,000. The FBI investigated. Assistant U.S. Attorney Tris Hunt is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
KC Man Sentenced for Drug Trafficking, Money LaunderingRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., man was sentenced in federal court today for being the leader of a drug-trafficking conspiracy and for money laundering.
Rudolfo Villareal, also known as “Gordo” and “Rudy,” 41, of Kansas City, Mo., was sentenced by U.S. District Judge Gary A. Fenner to 12 years and seven months in federal prison without parole.
On March 18, 2015, Villareal pleaded guilty to being the leader of a conspiracy that distributed 20 kilograms of cocaine and 8,095 kilograms of marijuana over a five-year period from April 2007 to April 2012. Villareal also pleaded guilty to money laundering.
Six co-defendants in addition to Villareal have pleaded guilty and been sentenced in this case. Donald Morgan, also known as “Rone,” 43, of Kansas City, Mo., was sentenced to 11 years and eight months in federal prison without parole. Derrick K. Vaughn, 47, of Kansas City, Mo., was sentenced to six years in federal prison without parole. Paul Tinoco, Sr., 67, of Kansas City, Mo., was sentenced to 15 years in federal prison without parole. Edward M. Sola, 41, of Kansas City, Mo., was sentenced to 10 years in federal prison without parole. James Comer, 37, of Kansas City, Mo., was sentenced to four years in federal prison without parole. Andrea Mabe, 39, of Kansas City, Mo., was sentenced to one year and one day in federal prison.
This case is being prosecuted by Assistant U.S. Attorney Catherine Connelly. It was investigated by the FBI, the Kansas City, Mo., Police Department, the Drug Enforcement Administration and IRS-Criminal Investigation.
KC Man Pleads Guilty to Bank Robbery, CarjackingRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., man who was shot by police officers pleaded guilty in federal court today to bank robbery and to using a firearm in an attempted carjacking.
Steven Marquain Davis, 29, of Kansas City, pleaded guilty before U.S. District Judge Dean Whipple to bank robbery and to using a firearm during a violent crime (carjacking).
By pleading guilty today, Davis admitted that he used a bomb to rob the Commerce Bank at 922 Walnut St., Kansas City, Mo., on Jan. 9, 2015. Davis entered the bank between 4:10 and 4:20 p.m. Davis, holding a remote control device, approached a teller counter and placed a black duffel bag on the counter. The remote control was described as having a red wire wrapped around it, similar in appearance to the remote used on remote control toys. Davis told the teller “gimme everything” and that “it’s” on the side of the building, which the teller believed referred to a bomb because of the remote he was holding. The teller placed $29,689 in the black duffel bag.
After Davis left the bank, he approached a 2012 Suzuki Grand Vitara on Petticoat Lane, mid-block between Main Street and Walnut Avenue. Davis pulled on the door handle and ordered the driver to open the door. When she refused, he pointed a handgun at her and again stated, “Open the door.” He began banging on the window of her vehicle with the handgun and she drove away from the area.
A witness confronted Davis in the street. Davis pointed a handgun at the witness and stated, “What are you looking at?” Davis tried unsuccessfully to get into two other cars in the area before multiple police officers arrived on the scene. Davis pointed a handgun at the officers, who then fired at Davis and wounded him before taking him into custody. Investigators collected $29,690, a remote device and a Smith & Wesson .38-caliber revolver from the scene where Davis was arrested.
FBI agents located a device that appeared to be a bomb in the southwest area of the bank lobby. FBI and Kansas City, Mo., Police Department bomb technicians responded and determined the explosive device posed an imminent threat to public safety. Bomb technicians rendered the device safe.
Under federal statutes, Davis is subject to a mandatory minimum sentence of seven years in federal prison without parole for the firearm conviction, which must be served consecutively to his sentence for bank robbery, up to a sentence of life in federal prison without parole. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Justin G. Davids. It was investigated by the FBI and the Kansas City, Mo., Police Department.