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18 November 2015
Monmouth County, New Jersey, Man Sentenced to 14 Months in Prison for Possessing Explicit Images of 12-Year Old Pennsylvania GirlRead the Press Release
TRENTON, N.J. – A Monmouth County, New Jersey, man was sentenced today to 14 months in prison for possessing sexually explicit images of a 12-year old Pennsylvania girl with whom he had an online relationship, U.S. Attorney Paul J. Fishman announced.
Chad Weber, 23, of Colt’s Neck, New Jersey, previously pleaded guilty before U.S. District Judge Anne E. Thompson to an information charging him with one count of possessing images of child pornography. Judge Thompson imposed the sentence today in Trenton federal court.
According to documents filed in the case and statements made in court:
In April 2013, law enforcement agents learned Weber had been communicating with a 12-year-old girl from Pennsylvania. The agents obtained and reviewed copies of various chat logs and other internet-based messages, which reflect Weber’s online communications with the victim between February 2013 and April 2013. Many of these communications were sexually explicit. Weber and the victim also traded sexually explicit photographs of each other through the internet and discussed the photographs in online chats. During some of these communications, Weber acknowledged that the victim was 12 years old. Weber admitted possessing these sexually explicit photographs of the minor victim on his cell phone and computer.
In addition to the prison term, Judge Thompson sentenced Weber to 10 years of supervised release. As part of his guilty plea, Weber must pay restitution of $5,570, forfeit the computer and cell phone he used to commit the offense and register as a sex offender.
U.S. Attorney Fishman credited special agents of the U.S. Department of Homeland Security Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge Kevin Kelly in Newark, for the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Molly Lorber of the U.S. Attorney’s Office Criminal Division in Trenton.
Defense counsel: Brian P. Reilly Esq., Assistant Federal Public Defender, Trenton
Mobile County Man Sentenced to 8 Months for Possession of Counterfeit CurrencyRead the Press Release
The United States Attorney Kenyen Brown announces that Ronald C. Howard, Jr, a 45 year old resident of Theodore, Alabama was sentenced today to 8 months incarceration followed by three years of supervised release for possession of counterfeit currency.
On July 21, 2015, Mr. Howard pled guilty pursuant to a plea agreement that noted he was found in the possession of approximately $2000 worth of counterfeit currency and a laser jet printer used to manufacture the counterfeit currency and for attempting to pass counterfeit $20 bills in the area along with a cohort. Mr. Howard agreed to and did forfeit the printer as a facility of his illegal activity.
Special agents of the United States Secret Service investigated the case and presented it to the U.S. Attorney's Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Mobile County Man Sentenced to 15 Months for Conspiring to Pass and Utter Counterfeit CurrencyRead the Press Release
The United States Attorney Kenyen Brown announces that Brian Little, a 36 year old resident of Theodore, Alabama was sentenced today to 15 months incarceration followed by three years of supervised release for conspiring to pass and utter counterfeit currency at local businesses.
On July 31, 2015, Mr. Little pled guilty pursuant to a plea agreement that noted he was attempting to pass counterfeit $20 bills in the area along with a cohort.
Special agents of the United States Secret Service investigated the case and presented it to the U.S. Attorney's Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Mexican national pleads guilty to reentering the United States multiple times illegallyRead the Press Release
SHREVEPORT, La. – United States Attorney Stephanie A. Finley announced that a Mexican national pleaded guilty Tuesday to re-entering the United States after removal.
Saul Abundis Cordova, 39, of Mexico, pleaded guilty before U.S. District Judge Elizabeth E. Foote to one count of re-entry of a removed alien. According to evidence presented at the guilty plea, Shreveport Police arrested Cordova on January 15, 2015 for driving while intoxicated, and on July 22, 2015, was convicted of driving while intoxicated for the fourth time. Cordova had been removed from the United States to Mexico on at least three previous occasions in 2008, 2009 and 2014. The removal on June 12, 2014 occurred after Cordova was convicted of felony possession of Schedule II control substances, cocaine, which results in a sentencing enhancement of a convicted felon.
Cordova faces 10 years in prison, one to three years of supervised release and a $250,000 fine. A sentencing date of March 8, 2016 was set.
Homeland Security Investigations-Immigrations and Customs Enforcement and the Shreveport Police Department conducted the investigation. Assistant U.S. Attorney Michael O’Mara is prosecuting the case.
Mexican national pleads guilty to Federal drug chargeRead the Press Release
CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced that a Mexican national residing in Madison, West Virginia, pleaded guilty today to a drug charge in federal court in Charleston. Leonel Vivian Castellanos, 28, from Vera Cruz, Mexico, pleaded guilty to distribution of methamphetamine, admitting that between May 12 and May 19, 2015, he distributed approximately 500 grams of methamphetamine to informants in Kanawha and Boone Counties.
In addition to the drugs Castellanos distributed to informants, law enforcement later found more methamphetamine during the course of the investigation. On May 21, 2015, police arrested Castellanos and found him in possession of another 50 grams of methamphetamine at his home in Madison. That same day, during the execution of a search warrant in Nitro, law enforcement seized approximately 500 grams of additional methamphetamine that Castellanos admitted to distributing.
Castellanos faces up to 20 years in federal prison and a $1,000,000 fine when he is sentenced on February 23, 2016.
The Metropolitan Drug Enforcement Network Team, Homeland Security Investigations, the Kanawha Bureau of Investigation, and the South Charleston Police Department conducted the investigation in this matter. Assistant United States Attorney Jennifer Rada Herrald is handling the prosecution.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat illegal drugs in our communities, including the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and other drugs in communities across the Southern District.
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Mexican National Pleads Guilty to Marijuana Cultivation Operation in Sierra National ForestRead the Press Release
FRESNO, Calif. —Juan Pedro Jimenez, 39, of Ensenada, Mexico, entered a guilty plea today to conspiring to manufacture, distribute and possess with intent to distribute, manufacturing, and possessing with intent to distribute marijuana in connection with a large-scale cultivation operation on Chowchilla Mountain in Mariposa County in the Sierra National Forest in Mariposa County, United States Attorney Benjamin B. Wagner announced.
According to court documents, Jimenez was found at the cultivation site on public land in July. Agents removed 6,919 marijuana plants from the site and found fertilizer, trash, water lines, and propane tanks. The cultivation activities caused extensive damage to the land and natural resources. Native trees and plants were cut down and steep hillsides were terraced to plant the marijuana. Water was diverted from a nearby creek to irrigate the plants. In pleading guilty, Jimenez agreed to reimburse the U.S. Forest Service for the cost of cleaning up the site.
Jimenez is scheduled for sentencing on February 1, 2016, before U.S. District Judge Lawrence J. O’Neill. He faces a mandatory minimum statutory penalty of five years in prison, a maximum of 40 years in prison and a $5 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case is the product of an investigation by the U.S. Forest Service and Mariposa County Sheriff’s Office. Assistant U.S. Attorney Karen Escobar is prosecuting the case.
Meth Conspirator Sentenced in Federal CourtRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Thomas Jefferson Bentley, IV, 34, of Mobile, was sentenced today in federal court on charges involving his participation in conspiracies to manufacture methamphetamine and to possess a Schedule I chemical, pseudoephedrine, with knowledge it would be used to manufacture a controlled substance. Bentley pled guilty to the two charges in December of 2014.
United States District Court William H. Steele imposed a sentence of time served, which amounted to 20 months on each charge, and ordered that the sentences run concurrently. He also ordered that Bentley will commence a three-year term of supervised release when he is discharged from incarceration. As conditions of his supervision, Bentley will be subject to testing and treatment for drug abuse. Judge Steele also ordered that Bentley pay $200 in special mandatory assessments, but he did not impose a fine.
The case was investigated by the Mobile County Sheriff’s Office. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Member of Sinaloa Cartel Sentenced to 19 Years in Prison for Distributing Cocaine and Heroin Shipped to Chicago from MexicoRead the Press Release
CHICAGO — A high-ranking member of the Sinaloa Cartel in Mexico was sentenced today to 19 years in federal prison for his role in a conspiracy to transport large amounts of narcotics to the Chicago area.
TOMAS AREVALO-RENTERIA directed a portion of the cartel’s U.S.-based couriers, who distributed large quantities of cocaine and heroin in Chicago and throughout the United States. He also coordinated logistics for the cartel and served as a broker in its efforts to ship the narcotics from Mexico.
Arevalo-Renteria, 46, pleaded guilty last year to one count of conspiracy to possess with the intent to distribute cocaine and heroin. U.S. District Chief Judge Ruben Castillo imposed the 19-year sentence in federal court in Chicago.
“The defendant was a full functioning member of one of the most dangerous criminal organizations in existence,” Assistant U.S. Attorney Michael J. Ferrara argued in the government’s sentencing memorandum. “The direct and indirect damage that those drugs have caused to communities in Chicago and elsewhere is immeasurable.”
The U.S. Attorney’s Office in Chicago has worked closely with federal and local law enforcement agencies to target senior leadership of the Sinaloa Cartel. Arevalo-Renteria is one of more than 20 alleged members of the cartel to be indicted in federal court in Chicago. The indictments include charges against the cartel’s alleged leader, JOAQUIN “CHAPO” GUZMAN. The Chicago-based investigation has resulted in seizures of approximately $30.8 million, approximately eleven tons of cocaine, 265 kilograms of methamphetamine and 78 kilograms of heroin.
Arevalo-Renteria has been in U.S. custody since his arrest in his native Mexico in 2010. In his plea declaration, he admitted that he conspired with twin brothers from Chicago to distribute heroin and cocaine from 2005 to 2008. The twins, PEDRO FLORES and MARGARITO FLORES, operated a Chicago-based wholesale distribution network for both the Sinaloa Cartel and a rival organization.
In two separate transactions brokered by Arevalo-Renteria, the Flores brothers agreed in 2008 to purchase 27 kilograms of heroin from the Sinaloa Cartel, according to Arevalo-Renteria’s plea declaration. Unbeknownst to Arevalo-Renteria, the Flores brothers had begun cooperating with U.S. law enforcement and had provided information about the deals to investigators. The information allowed agents to seize the 27 kilograms of heroin.
The Flores brothers pleaded guilty to federal drug charges in 2012 and were each sentenced to 14 years in prison.
Arevalo-Renteria’s sentence was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; Dennis A. Wichern, Special Agent-in-Charge of the Chicago Field Division of the Drug Enforcement Administration; Stephen Boyd, Special Agent-in-Charge of the Internal Revenue Service Criminal Investigation Division in Chicago; and Chicago Police Superintendent Garry F. McCarthy.
The government is represented by Mr. Ferrara and Assistant U.S. Attorneys Erika Csicsila, Georgia Alexakis, Kathryn Malizia, and Sean Franzblau.
Member of Cherry Hill Group ‘UDH’ Sentenced to 70 Months in Prison for Racketeering ConspiracyRead the Press Release
Baltimore, Maryland – U.S. District Judge George L. Russell III sentenced Clarence Shipley, age 27, of Baltimore, to 70 months in prison, followed by three years of supervised release, for a racketeering conspiracy in connection with Shipley’s participation in the UDH organization, which operates in the Cherry Hill section of Baltimore.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge William P. McMullan of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Commissioner Kevin Davis of the Baltimore Police Department; and Baltimore City State’s Attorney Marilyn Mosby.
According to his plea agreement, Shipley is a member of the UDH organization, which operates in the area of Cherry Hill known as “Up the Hill” or “Up da Hill.” UDH members and associates have been in a long-running dispute with members of an organization known as “Coppin Court” that is involved in criminal activity in the part of Cherry Hill known as “Down the Hill,” and since at least January 2011, have been in a dispute with members of “Little Spelman,” another organization that is involved in criminal activity in the Down the Hill section of Cherry Hill. UDH members and associates used violence and intimidation to protect themselves, the organization, and their control of the drug trade in part of Cherry Hill.
Shipley admitted that as a UDH member he distributed heroin in the Giles/Fisk/Slater area of the UDH section of Cherry Hill. During his participation in the UDH drug conspiracy Shipley was responsible for distributing between 700 grams and one kilogram of heroin.
In addition, Shipley participated in two bank robberies with fellow UDH members. On July 19, 2011, Shipley and other UDH members robbed the Chesapeake Bank of Maryland branch located in the2200 block of Eastern Avenue in Baltimore. On August 5, 2011, Shipley, Bryan Turner, and other UDH member robbed the Chesapeake Bank of Maryland branch in Arbutus. In each robbery Shipley served as the getaway driver, while other gang members went into the bank and presented the teller with a note demanding money. Shipley and his associates stole a total of $11,405, in the two robberies, which was later divided between Shipley and the other UDH members who participated in the robberies, including Bryan Turner.
Defendants charged in the racketeering conspiracy - including others who are alleged to have participated in these bank robberies - are scheduled to go to trial on April 4, 2016.
Bryan Turner, age 29, of Baltimore, previously pleaded guilty to his role in the conspiracy and was sentenced to 15 years in prison.
United States Attorney Rod J. Rosenstein praised the ATF, Baltimore Police Department, and Baltimore City State’s Attorney’s Office for their work in the investigation and thanked the FBI, Baltimore County Police Department, Anne Arundel County Police Department, and Baltimore City Sheriff’s Office for their assistance. Mr. Rosenstein thanked Assistant United States Attorneys Andrea L. Smith, Seema Mittal, and Patricia C. McLane, who are prosecuting this Organized Crime Drug Enforcement Task Force case.
Louisiana Business Owners Plead Guilty to Filing False Individual Income Tax ReturnsRead the Press Release
Two owners of a Metairie, Louisiana, business each pleaded guilty to one count of willfully filing false 2011 income tax returns today, announced Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division and U.S. Attorney Kenneth A. Polite of the Eastern District of Louisiana.
Rommel Cordova, 35, of Luling, Louisiana, and Saul Ramirez, 43, of Kenner, Louisiana, pleaded guilty before U.S. District Court Judge Mary Ann Vial Lemmon. They were both charged on Nov. 4, in a single Bill of Information with willfully filing false 2011 individual income tax returns. According to court documents, Cordova and Ramirez owned and operated Skill Labor Provider Inc. a Metairie labor services business. Cordova and Ramirez each owned 50 percent of the business and shared equally in its net income.
As part of their guilty pleas, Cordova and Ramirez admitted that during calendar years 2010 and 2011, they cashed and caused to be cashed, checks made payable to Skill Labor Provider Inc. and other business checks at a check cashing business in Kenner. Cordova and Ramirez caused false corporate income tax returns for Skill Labor Provider Inc. for the years 2010, 2011 and 2012 to be prepared that did not accurately report the gross receipts, labor expenses deductions, or net income of the business. During this period, the corporate tax returns underreported the business’s gross receipts by more than $6 million. Cordova and Ramirez also separately filed their respective individual income tax returns for tax years 2010, 2011 and 2012, on which they failed to accurately report the amounts of business income they received from Skill Labor Provider Inc.
At sentencing, each defendant faces a statutory maximum sentence of three years in prison, one year of supervised release, a fine of $250,000, or twice the gross gain or loss caused by the offense, a $100 special assessment and restitution to the Internal Revenue Service (IRS).
Acting Assistant Attorney General Ciraolo and U. S. Attorney Polite commended special agents of the IRS—Criminal Investigations and Homeland Security Investigations, who investigated the case and Assistant U.S. Attorney Hayden Brockett and Tax Division Trial Attorney Michael P. Hatzimichalis, who are prosecuting the case.
Louisiana Business Owners Plead Guilty to Filing False Individual Income Tax ReturnsRead the Press Release
WASHINGTON – Two owners of a Metairie, Louisiana, business each pleaded guilty to one count of willfully filing false 2011 income tax returns today, announced Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division and U.S. Attorney Kenneth A. Polite of the Eastern District of Louisiana.
Rommel Cordova, 35, of Luling, Louisiana, and Saul Ramirez, 43, of Kenner, Louisiana, pleaded guilty before U.S. District Court Judge Mary Ann Vial Lemmon. They were both charged on Nov. 4, in a single Bill of Information with willfully filing false 2011 individual income tax returns. According to court documents, Cordova and Ramirez owned and operated Skill Labor Provider Inc. a Metairie labor services business. Cordova and Ramirez each owned 50 percent of the business and shared equally in its net income.
As part of their guilty pleas, Cordova and Ramirez admitted that during calendar years 2010 and 2011, they cashed and caused to be cashed, checks made payable to Skill Labor Provider Inc. and other business checks at a check cashing business in Kenner. Cordova and Ramirez caused false corporate income tax returns for Skill Labor Provider Inc. for the years 2010, 2011 and 2012 to be prepared that did not accurately report the gross receipts, labor expenses deductions, or net income of the business. During this period, the corporate tax returns underreported the business’s gross receipts by more than $6 million. Cordova and Ramirez also separately filed their respective individual income tax returns for tax years 2010, 2011 and 2012, on which they failed to accurately report the amounts of business income they received from Skill Labor Provider Inc.
At sentencing, each defendant faces a statutory maximum sentence of three years in prison, one year of supervised release, a fine of $250,000, or twice the gross gain or loss caused by the offense, a $100 special assessment and restitution to the Internal Revenue Service (IRS).
Acting Assistant Attorney General Ciraolo and U. S. Attorney Polite commended special agents of the IRS—Criminal Investigations and Homeland Security Investigations, who investigated the case and Assistant U.S. Attorney Hayden Brockett and Tax Division Trial Attorney Michael P. Hatzimichalis, who are prosecuting the case.
Local Man Charged in Federal Indictment Involving an Armed Assault on Arch PropertyRead the Press Release
St. Louis, MO – KILWA JONES was indicted on multiple charges involving the September 25, 2015, shooting of Christopher Sanna, as well as the robberies of both Sanna and his companion, Lisa Simpson. The robberies and the assault occurred near the Old Cathedral in the northbound lanes of Memorial Drive, which is a part of the Jefferson National Expansion Memorial.
Jones, St. Louis, Missouri, was indicted on one felony count of assault with a dangerous weapon while on federal property, two felony counts of robbery while on federal property, three felony counts of possession of a firearm in furtherance of a crime of violence and one felony count of being a felon in possession of a firearm.
If convicted, these various charges carry penalties up to life in prison and/or fines up to $250,000 on each count. In determining the actual sentences, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
This case was investigated by the detective bureau of the St. Louis Metropolitan Police Department. Assistant United States Attorney John Bird is handling the case for the U.S. Attorney’s Office.
As is always the case, charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
Lewis County Man Indicted on Child Pornography ChargesRead the Press Release
St. Louis, MO – MICHAEL PRISNER, Ewing, Missouri, was indicted for his alleged possession of child pornography between April and June 2015.
If convicted, each count of possession of child pornography carries a maximum penalty of 20 years in prison and/or fines up to $250,000. In determining the actual sentences, a Judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
This case was investigated by the Federal Bureau of Investigation, the St. Charles County ICAC (Internet Crimes Against Children) and Kirksville Police Department. Assistant United States Attorney Colleen Lang is handling the case for the U.S. Attorney's Office.
As is always the case, charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
L.A. Man Pleads Guilty in $17 Million Scheme to Defraud Verizon by Reselling over 30,000 iPhones Obtained at Deeply Discounted PriceRead the Press Release
SAN DIEGO – The owner of a Glendale-based ride-sharing business pleaded guilty this afternoon to federal wire fraud charges, admitting that he illegally generated over $13 million in profits by selling more than 30,000 Apple iPhones fraudulently obtained from Verizon Wireless at substantially discounted prices.
Karen “Kevin” Galstian, 37, of Chatsworth, pleaded guilty today in United States District Court in San Diego to one count of wire fraud, and he admitted committing the offense while on pre-trial release in another case filed by prosecutors in San Diego.
Galstian pleaded guilty today in San Diego, where federal prosecutors in the United States Attorney’s office previously obtained a guilty plea in a bank fraud case. Pursuant to a plea agreement in the iPhone case, Galstian will be sentenced in both cases by United States District Judge Barry Ted Moskowitz. Today, Judge Moskowitz scheduled a sentencing hearing for January 11, 2016.
The plea agreement calls for a 100-month sentence on the combined cases.
As part of the scheme involving the iPhones, Galstian admitted that he used his company, Toro Ride, Inc., to induce Verizon Wireless to provide the business with more than 30,000 iPhones at a substantial discount. He purchased most of the mobile phones that usually sell for more than $500 for only 99 cents each – in connection with a two-year contract. Galstian claimed that the phones would be used by drivers for Toro Ride’s ride-sharing service (a service similar to Uber and Lyft) and that Toro Ride, which had only been operating in the Los Angeles area, was poised to expand nationwide. Galstian falsely told Verizon that Toro Ride had received $20 million from investors. When he brokered the deal with Verizon last year, Galstian failed to disclose the he was awaiting sentencing in the bank fraud case and thus would be incarcerated and unavailable to lead the company in the expansion.
As Verizon provided the iPhones that supposedly would be used by Toro Ride’s drivers, Galstian sold the vast majority of the devices to companies engaged in the international re-sale of consumer electronics. Thousands of the iPhones that Verizon shipped to Toro Ride were never used on its network and instead were activated in countries such as Vietnam, Iraq, China and Saudi Arabia.
Galstian fraudulently convinced Verizon to provide him with iPhones worth more than $19.4 million. In less than six months, Galstian generated illegal proceeds of more than $13 million by re-selling the iPhones. Toro Ride used some of the illicit proceeds derived from iPhone sales to make required monthly payments to Verizon, which enabled Galstian to continue to order thousands of additional iPhones. The plea agreement calls for the defendant to pay $17 million in restitution to Verizon.
Galstian used approximately $2.5 million of the fraud proceeds to purchase several properties, including a penthouse condominium in the Palms Casino in Las Vegas, and a Mercedes S550. In conjunction with today’s guilty plea, Galstian agreed to forfeit assets related to and obtained through the fraud scheme, including real properties in Northridge, Sherman Oaks, Tujunga and Las Vegas, as well as more than $200,000 seized from bank accounts and a number of vehicles.
The investigation into Galstian’s wire scheme was conducted by the Federal Bureau of Investigation.
Kenner Man Sentenced for Possessing Child PornographyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that STEVEN GAETA, age 41, of Kenner, was sentenced today for crimes involving the possession of child pornography.
According to court records, on November 25, 2014, special agents with the U.S. Department of Homeland Security, Homeland Security Investigations (“HSI”) executed a federal search warrant at GAETA’s Kenner home. HSI agents determined Gaeta used Peer to Peer file sharing programs to possess approximately 120 videos and 500 images depicting the sexual victimization of children. GAETA pled guilty to the charge on August 19, 2015.
U.S. District Judge Kurt D. Engelhardt sentenced GAETA to 78 months incarceration, to be followed by five years of supervised release. GAETA is also required to register as a sex offender pursuant to the Sex Offender Registration 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."
U.S. Attorney Polite praised the work of the U.S. Department of Homeland Security, Homeland Security Investigations in investigating this matter. Project Safe Childhood Coordinator and Fraud Unit Chief, Assistant U.S. Attorney Brian M. Klebba was in charge of the prosecution.
Jury Finds Redding Interstate Marijuana Trafficker Guilty on All CountsRead the Press Release
SACRAMENTO, Calif. — After a five–day trial, a federal jury today found John James Kash, 52, of Redding, guilty of three counts of conspiracy to distribute marijuana, manufacturing marijuana, and conspiracy to launder money, United States Attorney Benjamin B. Wagner announced. The trial was held before United States District Judge Kimberly J. Mueller.
According to evidence presented at trial, in May 2013, Kash and his three business partners shipped approximately $700,000 worth of marijuana from Benicia, California to the Pittsburgh, Pennsylvania area. Law enforcement authorities tracked the shipment from California to Pennsylvania and watched Kash and his business partners collect the shipment from the freight company and deliver it to a warehouse outside of Pittsburgh. Authorities arrested Kash and his three co-conspirators at the warehouse. That same day, authorities executed search warrants at six separate locations associated with Kash and his business partners seizing over $1 million worth of marijuana and more than $150,000 in cash.
Three months later, after Kash and his business partners had been released from custody in Pennsylvania, law enforcement authorities executed multiple search warrants at a warehouse and residences in and around Redding. Authorities found Kash living inside a warehouse that had been converted into an active marijuana cultivation operation. Authorities seized approximately 468 growing marijuana plants from the warehouse. Meanwhile, authorities searched the residence of Kash’s co-conspirators and found processed, packaged marijuana ready for distribution as well as pay/owe ledgers reflecting marijuana cultivation and sales and several firearms.
This case was the product of an investigation by the Internal Revenue Service – Criminal Investigation, Sacramento Police Department, Pennsylvania State Police, Utah Highway Patrol, and the U.S. Drug Enforcement Administration. Assistant United States Attorneys Michele Beckwith, Justin Lee, and Christiaan Highsmith are prosecuting the case.
Kash is in custody pending sentencing. Co-defendants Glen Meyers, Aimee Burgess, and James Massery have all pleaded guilty and are in custody.
Kash is scheduled to be sentenced by Judge Mueller on February 3, 2016. Kash faces a maximum sentence of 40 years in prison and a $5 million fine on the conspiracy to distribute marijuana charge and on the manufacture of marijuana change, and 20 years in prison and a $500,000 fine or twice the value of the funds involved in the money laundering offense. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Jury Convicts Member of San Diego Counterfeiting OperationRead the Press Release
Special Assistant U. S. Attorney Stephanie G. Chau (619) 546-9174 and Assistant U.S. Attorney Michael G. Wheat (619) 546-8437
NEWS RELEASE SUMMARY – November 18, 2015
SAN DIEGO – Jermaine Harris of San Diego was convicted by a federal jury yesterday of manufacturing and passing counterfeit currency following a one-week trial before U.S. District Judge Cathy Ann Bencivengo.
A federal jury deliberated less than one day and found Harris guilty of one count of Counterfeiting and Forging Obligations of the United States, in violation of 18 U.S.C. Section 471 and one count of Passing Counterfeit Obligations, in violation of 18 U.S.C. Section 472.
At trial, the government presented evidence that Harris, along with co-defendants Alexander Eibeck, Sopeap Muk, Meghan Ripley, Nicole Cortes and Ashley Contreras, operated a counterfeit currency manufacturing plant from a hotel room in Mission Valley.
On November 15, 2014, the San Diego Police Department arrested one of the six individuals for passing counterfeit United States Federal Reserve Notes at the Fashion Valley Mall. On November 16, 2014, the San Diego Police Department and the United States Secret Service, Regional Task Force, discovered the manufacturing plant.
According to the evidence presented at trial, the six defendants manufactured counterfeit U.S. currency by “bleaching” or “washing” the ink off of genuine small-denomination bills and then using a printer to print images of higher-denomination bills on the washed currency paper. A search of the hotel room yielded a wide variety of physical evidence, including completed and partially completed counterfeit currency, printers, bleaching solution, and various tools used to replicate the security features of legitimate U.S. currency. U.S. Secret Service agents discovered that the defendants had been using electronic devices to view and manipulate images of legitimate U.S. currency features to produce counterfeit $100 bills.
Subsequent investigation revealed that the group victimized numerous businesses in the San Diego area by passing the counterfeit $100 bills. According to the plea agreement for Eibeck, the face value of the counterfeit bills manufactured and passed by the group exceeded $16,000.
Eibeck, Muk, Ripley, Cortes and Contreras were previously sentenced after pleading guilty. Judge Bencivengo will sentence Harris on February 19, 2016.
This case was investigated by United States Secret Service.
“The United States Secret Service would like to thank the San Diego Police Department, as well as our other state and local law enforcement partners in the San Diego Regional Fraud Task Force for all their efforts and assistance with this investigation,” said Special Agent in Charge David Murray.
DEFENDANT Case Number: 14CR3488-CAB
Jermaine Harris Age: 34
Alexander Eibeck Age: 27
Sopeap Muk Age: 28
Nicole Cortes Age: 29
Meghan Ripley Age: 35
Ashley Contreras Age: 22
SUMMARY OF CHARGES
Counterfeiting and Forging Obligations, in violation of Title 18, United States Code, Section 471
Maximum penalty: 20 years
Passing Counterfeit Obligations, in violation of Title 18, United States Code, Section 472
Maximum penalty: 20 years
AGENCIES
United States Secret Service, San Diego Regional Task Force
San Diego Police Department
Insurance Broker Sentenced to 3 Years in Federal Prison for Stealing Millions from AetnaRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that BONNEY J. HEBERT, 60, of Killington, Vermont, was sentenced today by Senior U.S. District Judge Alfred V. Covello in Hartford to 36 months of imprisonment, followed by three years of supervised release, for stealing more than $10 million from Hartford-based Aetna Life Insurance Company.
According to court documents and statements made in court, HEBERT was the sole owner and president of Academic Risk Resources and Insurance, LLC (“ARRI”), a risk management and insurance brokerage agency based in Boston. ARRI’s business included brokering insurance contracts between health insurance providers and colleges or universities in order to provide health insurance for students and other individuals affiliated with the college or university. In July 2007, HEBERT and ARRI began serving as the broker for a student health insurance contract entered into between Aetna and Rutgers, the State University of New Jersey. The contract between Aetna and Rutgers provided that premiums would be paid by Rutgers to ARRI and then transmitted by ARRI to Aetna.
Between 2009 and 2012, HEBERT failed to pass along to Aetna $10,358,728 in premiums paid by Rutgers. She used the stolen funds on personal expenses and to cover the business expenses of ARRI.
On June 2, 2015, HEBERT pleaded guilty to one count of wire fraud and one count of engaging in monetary transactions in property derived from specified unlawful activity.
HEBERT disclosed her fraudulent scheme to Aetna representatives in June 2012. She subsequently sold ARRI to another business and directed that payments related to the sale be made directly to Aetna. Through these payments, HEBERT has repaid Aetna approximately $1.59 million. HEBERT also has not collected more than $900,000 in commissions owed to her by Aetna. As a result, HEBERT currently owes Aetna $7,846,305.45 in restitution.
This matter was investigated by the Federal Bureau of Investigation and the Internal Revenue Service – Criminal Investigation Division. The case was prosecuted by Assistant U.S. Attorney Avi M. Perry.
Humboldt County Resident Sentenced to 15 Years’ Imprisonment for MurderRead the Press Release
SAN FRANCISCO– Ryan Carroll was sentenced to 15 years in prison for aiding and abetting the use of a firearm in furtherance of a crime of violence and thus causing murder, announced Acting United States Attorney Brian J. Stretch and Federal Bureau of Investigation Special Agent in Charge David J. Johnson. Carroll’s codefendant, Robert Lee, received a sentence of seven years for being an accessory after the fact and destruction of a vehicle by means of fire. The sentences follow guilty pleas entered by the codefendants in which they acknowledged their respective roles in an attempt to rob a Humboldt resident who asked for help in purchasing marijuana.
Carroll, 31, of no fixed residence, pleaded guilty on July 30, 2015, to being one of the people who robbed and killed Reetpaul Rana in a drug deal gone bad. According to the plea agreement, Carroll told Rana in August of 2008 that he would help Rana purchase 8 or 9 pounds of marijuana. In September of 2008, rather than help Rana purchase the marijuana, Carroll and three other people decided to rob Rana. Rana was shot and killed during the robbery. On August 22, 2013, a federal grand jury indicted Carroll; he was charged with robbery affecting interstate commerce, in violation of 18 U.S.C. § 1951(a); use of a firearm in furtherance of a crime of violence, in violation of 18 U.S.C. § 924(c); use of a firearm causing murder, in violation of 18 U.S.C. § 924(j); conspiracy to destroy an object to obstruct an investigation, in violation of 18 U.S.C. § 371; destruction of an object to obstruct an investigation, in violation of 18 U.S.C. § 1519; and use of fire in the commission of a federal felony, in violation of 18 U.S.C. § 844(h). Pursuant to the plea agreement, Carroll pleaded guilty to using a firearm in furtherance of a crime of violence causing murder. Today, Carroll was sentenced to 15 years’ imprisonment for the conduct to which he admitted in the plea agreement.
On July 17, 2015, Lee, 30, of no fixed residence, pleaded guilty to criminal conduct that followed the murder of Rana in September 2008. According to the plea agreement, Lee agreed with two other people to “torch” Rana’s car in a suitable location. Lee admitted that he knew the car belonged to Rana and that Rana recently had been robbed and killed with a firearm during the course of the robbery. Lee acknowledged assisting in transporting the car to an access road near a lagoon in Arcata, Calif., spraying the inside of Rana’s car with WD-40, and igniting the car for the purpose of preventing the apprehension, trial, and punishment of the person responsible for robbing and killing Rana. On August 22, 2003, Lee was charged with use of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c); use of a firearm causing murder, in violation of 18 U.S.C. § 924(j); conspiracy to destroy an object to obstruct investigation, in violation of 18 U.S.C. § 371; destruction of an object to obstruct investigation, in violation of 18 U.S.C. § 1519; and use of fire in the commission of a federal felony, in violation of 18 U.S.C. § 844(h); accessory after the fact, in violation of 18 U.S.C. §§ 2 and 3; and manufacture and possession with intent to distribute a controlled substance, in violation of 21 U.S.C. § 841. In May of 2015, a grand jury amended the charges against Lee to add malicious destruction and conspiracy to maliciously destroy a vehicle by means of fire, in violation of 18 U.S.C. § 844. Pursuant to the plea agreement, Lee pleaded guilty to being an accessory after the fact to the use of a firearm causing murder, and to the malicious destruction of a vehicle by means of fire.
The sentence was handed down by the Honorable Edward Chen, U.S. District Judge. Carroll has been in custody since June 2010, and Lee has been in custody since October 2011. Both defendants will begin serving their respective sentences immediately. Judge Chen also sentenced each of the defendants to a five-year period of supervised release and ordered defendants to pay $6,000 in restitution to Rana’s parents. Both defendants are liable for the $6,000 jointly and severally and the court set a date of January 20, 2016, to consider any further restitution claims that may be made by Rana’s parents.
Assistant U.S. Attorneys Andrew M. Scoble and Scott D. Joiner are prosecuting the case with the assistance of Kurt Kosek, Lance Libatique, and Ponly Tu. The prosecution is the result of an investigation by the Federal Bureau of Investigation and the Humboldt County Sheriff’s Office.
Greg Leon Pleads Guilty to Engaging in Pattern of Hiring Illegal AliensRead the Press Release
Contact Person: Jim May (803) 929-3000
Columbia, South Carolina ---- United States Attorney Bill Nettles stated today that Greg Leon, age 49, of Lexington, South Carolina, pleaded guilty to engaging in a pattern and practice of hiring illegal aliens, a violation of 8 U.S.C. §§ 1324a(a)(2) and 1324a(f)(1). Senior United States District Judge Joseph F. Anderson Jr. of Columbia accepted the guilty plea today in federal court in Columbia and will sentence Leon after he has reviewed the presentence report to be prepared by the U.S. Probation Office. As part of the plea agreement, Leon previously pleaded guilty in South Carolina General Sessions Court to paying a public official for assistance in violation of South Carolina Code Section 8-13-720.
Evidence presented at the change of plea hearing established that Leon operated eight restaurants in the Midlands of South Carolina. Leading up to May of 2013, Leon engaged in a pattern of hiring and employing individuals that he knew were in the country illegally and not eligible to work. Leon was involved in hiring approximately sixty illegal aliens. In addition to the hiring of those illegal aliens, Leon paid former Lexington County Sheriff James Metts for his assistance on several occasions when Metts helped or attempted to help one of the illegal alien employees that had been arrested.
Over the last two years, Leon has cooperated extensively and provided substantial assistance in the investigation and prosecution of Metts. Based on that cooperation, the Government agreed that a sentence of one year of probation and a fine of $180,000 – in addition to the five years of probation and 200 hours of community service imposed by the state court – was an appropriate resolution for Leon’s criminal charges.
The case was investigated by the Federal Bureau of Investigation, Homeland Security Investigation, State Law Enforcement Division (SLED), the South Carolina Attorney General’s Office, and the United States Attorney’s Office. Assistant United States Attorneys Jay N. Richardson and Jim H. May are prosecuting the case.
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Georgia and Florida Residents Plead Guilty in Stolen Mail SchemeRead the Press Release
Two men separately pled guilty to possession of mail that had been stolen from various condominium complexes throughout Broward County, Florida.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Ronald J. Verrochio, Inspector in Charge, United States Postal Inspection Service (USPIS), Miami Division, made the announcement.
Anthony Bouquette, 24, of Valdosta, Georgia, pled guilty today to two counts of possession of stolen mail, in violation of Title 18, United States Code, Sections 1708 and 2. James Mathurin, 24, of Fort Lauderdale, pled guilty on October 8, 2015 to two counts of possession of stolen mail, in violation of Title 18, United States Code, Sections 1708 and 2. Bouquette is scheduled to be sentenced on January 28, 2015 at 10:30 a.m. in front of U.S. District Judge William J. Zloch. Mathurin will be sentenced on January 8, 2016 at 9:30 a.m. in front of U.S. District Judge James I. Cohn. At sentencing, both defendants face up to five years imprisonment, three years supervised release, a fine of up to $250,000 and restitution as to each count.
According to information contained in the court records, from February through September 2011, the defendants possessed mail that had been stolen from various apartment complexes in Broward County, including locations in Deerfield Beach, Lauderhill, Sunrise and Wilton Manors. The defendants and other individuals possessed checks that had been made out to businesses and stolen from the condominium complex mail receptacles. The defendants separately deposited the stolen checks into accounts at local banks and were compensated for depositing these checks. The defendants’ unauthorized conduct caused both the check writer and the intended business recipient to sustain a financial loss.
Mr. Ferrer commended the investigative efforts of the USPIS. The case is being prosecuted by Assistant U.S. Attorney Randy Katz.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Franklin County Man Sentenced on Human Trafficking ChargesRead the Press Release
ROANOKE, VIRGINIA – A Franklin County man, who forced a local woman to engage in prostitution through the use of physical violence and threats, was sentenced yesterday in the United States District Court for the Western District of Virginia in Roanoke, United States Attorney Anthony P. Giorno announced.
Tremayne Rontae Kirby, 25, of Franklin County, Virginia, pled guilty in August to one count of recruiting, harboring and causing an individual, listed as “Victim One” in the Indictment, to engage in commercial sex through force, threats of force, fraud and coercion (Human Trafficking) and one count of using interstate commerce to promote an enterprise involving prostitution. Yesterday in District Court, Kirby was sentenced to 15 years of federal incarceration to be followed by 10 years of supervised release thereafter. Kirby will also pay $11,000 in restitution to “Victim One.”
Kirby, who was indicted earlier this year, admitted that he, along with other individuals, operated a prostitution enterprise involving multiple women in Virginia, North Carolina and New Jersey. Kirby used the money generated from the prostitution enterprise to pay for hotels, buy illegal drugs and provide food for himself and the women he used. The defendant posted prostitution advertisements on internet websites, which included pictures of the women and prices for their services. Kirby secured hotel rooms and transportation for meetings with “Johns.”
From January 2014-May 2014, Kirby prostituted “Victim One.” Kirby admitted that on many occasions, Victim One did not want to engage in sex acts but did so at the defendant’s insistence. To gain Victim One’s compliance, Kirby hit, body-slammed, shook, and threatened her. Kirby also regularly carried a gun in his waistband. Victim One had a drug habit, which was fed by Kirby and the lifestyle in which she was forced to live. At times Kirby withheld drugs until she performed prostitution services. Kirby kept virtually all of the proceeds Victim One generated through the compelled prostitution activity.
The investigation of the case was conducted by Homeland Security Investigations, the Federal Bureau of Investigation, the Roanoke City Police Department and the Pittsylvania County Sheriff’s Office. United States Attorney Anthony P. Giorno and Assistant United States Attorney Laura Day Rottenborn prosecuted the case for the United States.
This prosecution highlights the benefits to law enforcement that come from cooperative participation in a regional task force that targets sex and labor trafficking offenders. The United States Attorney’s Office for the Western District of Virginia, along with partner agencies throughout the western portion of Virginia, formed the Western District of Virginia Human Trafficking Task Force, a group that is actively engaging in the education, investigation and prosecution of crimes involving human trafficking. This task force has educated local police departments throughout the state on investigative techniques to better prepare them to identify cases of human trafficking, victim/witness personnel, juvenile justice workers, and non-government organizations that assist trafficking victims. The task force also meets and shares information about ongoing cases.
Former Sales Executive Pleads Guilty to Participation in Color Display Tube ConspiracyRead the Press Release
A former executive of a large Taiwan-based color display tube (CDT) manufacturing company pleaded guilty late yesterday for his participation in a global conspiracy to fix prices of CDTs, a type of cathode ray tube (CRT) used in computer monitors and other specialized applications.
Chun-Cheng (Alex) Yeh, a resident of Taiwan, agreed to plead guilty to conspiring to fix prices, reduce output and allocate market shares of CDTs beginning as early as May 1999 until at least March 2005. Yeh was indicted by a federal grand jury in the Northern District of California on March 30, 2010. The plea agreement is subject to court approval.
“Our pursuit of those whose anticompetitive conduct abroad harms U.S. consumers does not stop with indictment,” said Deputy Assistant Attorney General Brent Snyder of the Antitrust Division’s Criminal Enforcement Program. “We will use all of the tools available to us to ensure that those whose conduct results in criminal charges will be brought to justice should they choose to become fugitives.”
According to the indictment, Yeh, a former director of sales, and co-conspirators agreed to fix CDT prices and reduce output by shutting down CDT production lines for periods of time. Yeh and co-conspirators also agreed to allocate shares for the CDT market overall and for certain customers. The conspirators exchanged sales, production, market share and pricing information for the purposes of implementing, monitoring and enforcing their agreements.
Yeh is the first individual to plead guilty in connection with the CDT investigation. On May 17, 2011, Samsung SDI Company Ltd. pleaded guilty and paid a $32 million criminal fine for its role in the CDT conspiracy. Four other indicted individuals remain fugitives. On Aug. 18, 2009, Wen Jun (Tony) Cheng was indicted for his participation in the CDT conspiracy. On Nov. 9, 2010, Seung-Kyu (Simon) Lee, Yeong-Ug (Albert) Yang and Jae-Sik (J.S.) Kim were also indicted for their participation in the CDT conspiracy.
Yeh is charged with violating the Sherman Act, which carries a maximum penalty of 10 years in prison and a $1 million fine for individuals. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims if either amount is greater than the maximum fine.
The federal antitrust investigation into price fixing and other anticompetitive conduct in the CRT industry is being conducted by the Antitrust Division’s San Francisco Office and the FBI’s San Francisco Field Office. Anyone with information on price fixing or other anticompetitive conduct related to the CRT industry should contact the Antitrust Division’s Citizen Complaint Center at 1-888-647-3258, visit www.justice.gov/atr/contact/newcase.html, or call the FBI tip line at 415-553-7400.
Yeh Plea Agreement (1.64 MB)
Former Doctor Charged with Conspiring to Defraud the FDA and Health Care FraudRead the Press Release
William J. O’Brien III, 50, of Philadelphia, Pennsylvania was charged in a superseding indictment, unsealed today, with conspiring to defraud the Food and Drug Administration (‘FDA”) and a separate conspiracy to commit health care fraud, announced United States Attorney Zane David Memeger. O’Brien, a former doctor of osteopathic medicine, was previously charged in July 2015 with operating a “pill mill” from his medical offices. The defendant awaits trial on those earlier charges.
Today’s indictment alleges that defendant O’Brien and others made misrepresentations to the FDA in order to obtain clearance for a so-called hyperbaric chamber that O’Brien marketed under the name Hyperox 101. A hyperbaric chamber is a sophisticated medical device in which patients breathe 100% pure oxygen for a prolonged period in a pressurized environment. To achieve a therapeutic effect, the chamber is pressurized to at least 1.4 atmospheres below sea level. The pressure creates a biochemical reaction that increases oxygen absorption into the blood. A hyperbaric chamber for treating patients must be constructed using pedigree steel and certified as a pressure vessel for human occupancy.
According to the indictment, Hyperox 101 as constructed did not meet these standards; rather, it was built by welding together pieces of a used propane tank. The indictment charges that defendant O’Brien knew of the deficiencies in Hyperox 101, but passed it off as a medical device by submitting false documentation to the FDA. The indictment alleges that, due to its substandard construction, Hyperox 101 did not provide patients with the therapeutic benefits associated with hyperbaric oxygen treatment, but instead posed potential risks to patients.
The indictment charges that defendant O’Brien used the unapproved device to defraud Medicare and other health benefit programs. From in or around March 2007 through in or around August 2011, O’Brien obtained millions of dollars based on fraudulent claims that he caused to be submitted to Medicare and IBC, among other health care benefit programs. O’Brien caused fraudulent claims to be submitted of approximately $15 million for medically unnecessary and potentially unsafe treatments. O’Brien obtained reimbursement from Medicare and other insurers of approximately at least $4.2 million based on the fraudulent claims.
If convicted, defendant O’Brien faces substantial prison terms and fines, and is subject to criminal forfeiture proceedings.
The case was investigated by the Federal Bureau of Investigation, FDA Office of Criminal Investigations, and the Department of Health and Human Services - Office of the Inspector General. It is being prosecuted by Assistant United States Attorney M. Beth Leahy.
Former City Clerk Indicted for Mail Fraud and ArsonRead the Press Release
DES MOINES, IA - On November 18, 2015, Acting United States Attorney Kevin E. VanderSchel announced the return of an indictment stemming from an investigation into the misappropriation of city funds and burning of a community building in Casey, Iowa. The indictment charges Dorothy L. Dillinger, the former Casey City Clerk, with five counts of mail fraud for her role in a scheme to defraud by using the City's credit card to purchase items for personal use. The indictment also charges Dillinger with one count of malicious use of fire for the fire that destroyed the Casey Community Building, which housed the City Clerk's Office. The Community Building fire was set just prior to midnight of August 19-20, 2014. Personnel from the State Auditor's Office were scheduled to arrive at the Clerk's Office on the morning of August 20, 2014, to conduct an audit of the City's records following a successful petition drive by citizens of Casey seeking an audit.
The joint investigation was conducted by the Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms, and Explosives, State Fire Marshal Division of the Iowa Department of Public Safety, Guthrie County Sheriff's Office, Guthrie County Attorney's Office, and the United States Attorney's Office for the Southern District of Iowa.
An initial appearance and arraignment have been scheduled for 2:00 p.m. on November 30, 2015, at the United States Courthouse in Des Moines, Iowa.
Former Carroll County, Tennessee, Sheriff’s Office Lieutenant Pleads Guilty to Using Taser on Restrained Pre-Trial DetaineeRead the Press Release
A former lieutenant with the Carroll County, Tennessee, Sheriff’s Office has pleaded guilty to a civil rights violation for using a taser on a restrained pre-trial detainee, announced Principal Deputy Assistant Attorney General Vanita Gupta, head of the Department of Justice’s Civil Rights Division, and U.S. Attorney Edward L. Stanton III of the Western District of Tennessee.
Jeanette Sue Barnes, 48, pleaded guilty in federal court in Jackson, Tennessee, to one count of deprivation of rights under color of law. During the plea hearing, Barnes admitted that on March 22, 2015, she used her taser to drive-stun D.D.P., a pre-trial detainee, for 12 seconds, even though he was secured in a restraint chair and posed no threat to her or other officers. As a result of the assault, D.D.P. suffered pain and burns to his skin.
Barnes will be sentenced on Feb. 18, 2016, and faces a maximum sentence of 10 years in prison.
“The defendant abused the trust given to her as a law enforcement officer by needlessly inflicting pain on a restrained individual,” said Principal Deputy Assistant Attorney General Gupta. “The Justice Department will vigorously prosecute those who violate the civil rights laws to ensure that the rights of all individuals, including those in custody, are protected.”
“No one is above the law, especially those who have taken an oath to uphold the law,” said U.S. Attorney Stanton III. “Ensuring that law enforcement officers do not victimize the very citizens they are sworn to protect remains a top priority of this office.”
The FBI and Tennessee Bureau of Investigations investigated this case. The case is being prosecuted by Assistant U.S. Attorney Mark Erskine of the Western District of Tennessee and Trial Attorney Jared Fishman of the Civil Rights Division.
Barnes Plea Agreement
Former Carroll County, Tennessee, Sheriff's Office Lieutenant Pleads Guilty to Using Taser on Restrained Pre-Trial DetaineeRead the Press Release
WASHINGTON – A former lieutenant with the Carroll County, Tennessee, Sheriff’s Office has pleaded guilty to a civil rights violation for using a taser on a restrained pre-trial detainee, announced U.S. Attorney Edward L. Stanton III of the Western District of Tennessee, and Principal Deputy Assistant Attorney General Vanita Gupta, head of the Department of Justice’s Civil Rights Division.
Jeanette Sue Barnes, 48, pleaded guilty in federal court in Jackson, Tennessee, to one count of deprivation of rights under color of law. During the plea hearing, Barnes admitted that on March 22, 2015, she used her taser to drive-stun D.D.P., a pre-trial detainee, for 12 seconds, even though he was secured in a restraint chair and posed no threat to her or other officers. As a result of the assault, D.D.P. suffered pain and burns to his skin.
Barnes will be sentenced on February 18, 2016, and faces a maximum sentence of 10 years in prison.
"No one is above the law, especially those who have taken an oath to uphold the law," said U.S. Attorney Stanton III. "Ensuring that law enforcement officers do not victimize the very citizens they are sworn to protect remains a top priority of this office."
"The defendant abused the trust given to her as a law enforcement officer by needlessly inflicting pain on a restrained individual," said Principal Deputy Assistant Attorney General Gupta. "The Justice Department will vigorously prosecute those who violate the civil rights laws to ensure that the rights of all individuals, including those in custody, are protected."
The FBI and Tennessee Bureau of Investigations investigated this case. The case is being prosecuted by Assistant U.S. Attorney Mark Erskine of the Western District of Tennessee and Trial Attorney Jared Fishman of the Civil Rights Division.
Federal, State and Local Law Enforcement Officers Join Forces to Combat Violent Crime in Harrisburg, York, Wilkes-Barre and WilliamsportRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today a renewed strategy for reducing and preventing violent crime in the Middle District of Pennsylvania focusing on the Harrisburg, York, Wilkes-Barre and Williamsport areas. Federal, state and local law enforcement officers will join forces to coordinate their activities in high-crime areas and vigorously enforce the laws which punish gun offenses, gang activity, drug-related crimes and other acts of violence.
Peter J. Smith, the United States Attorney for the Middle District of Pennsylvania stated, “we must remove the most violent individuals from our communities. This will require the very highest level of coordination between federal and local law enforcement agencies. The anti-violence strategy we are announcing today will advance the core mission of the Department of Justice to protect citizens from the most dangerous offenders in our communities.”
Joining U.S. Attorney Smith at the announcement were other high-level federal, state and local law enforcement officials.
The anti-violence strategy announced today consists of the following key elements:
- identifying communities which are most in need of anti-violence solutions;
- targeting high-priority offenders in those communities for aggressive prosecution;
- conducting regular meetings of federal and local law enforcement officials to collect reliable data on local violent crime trends, share intelligence, screen cases for potential federal prosecution and coordinate joint enforcement activities;
- expansion of existing prevention and post-conviction reentry programs.
Federal law carries severe penalties for prohibited individuals who possess firearms and for those individuals who commit violent crimes or serious drug offenses while possessing or using firearms.
Under 18 U.S.C. § 922 (g), individuals face up to ten years’ imprisonment if they possess a firearm or ammunition if:
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they have been previously convicted of a felony;
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they are a fugitive;
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they are a drug user or addict;
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they have been determined by a court or have been committed to a mental institution for a mental defect;
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they are an illegal immigrant;
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they were discharged from the Armed Forces under dishonorable condition;
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they have renounced their United States citizenship;
- they are under a court restraining order or have been convicted of domestic violence.
Under 18 U.S.C. § 924 (e), individuals who have three prior felony convictions for violent crimes or drug crimes and who are convicted under 18 U.S.C. § 922 (g) are subject to a minimum-mandatory fifteen year sentence.
Under 18 U.S.C. § 924 (c), individuals who commit a violent crime or a serious drug offense with a firearm face minimum-mandatory consecutive sentences of at least five years and up to life imprisonment:
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if you commit a crime of violence or serious drug offense and possess a firearm during its commission – five years to life;
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if the firearm is displayed – seven years to life;
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if the firearm is discharged – ten years to life;
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if a sawed-off rifle or shotgun is used – ten years to life;
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if a machine gun or destructive device, or a firearm with a silencer is used – thirty years to life;
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if you are convicted a second time under 18 U.S.C. § 924 (c), not less than twenty-five years to life imprisonment.
For the past year, federal, state and local officials have partnered and operated a pilot program based in Harrisburg focusing on firearms offenses committed by recidivists or individuals using firearms in connection with drug offenses, or other violent crimes. Due to the success of that program it was recently expanded to include firearms offenses in York, Williamsport and Wilkes-Barre. To date, federal law enforcement agencies have adopted approximately 34 cases involving 41 defendants and relating to firearms offenses from our local law enforcement counterparts in those jurisdictions and will continue to do so in the future. Additionally, we will continue to prosecute other violent crimes and drug crimes referred to us by our local law enforcement counterparts.
U.S. Attorney Smith stated that, “violent crime damages and destabilizes our neighborhoods, challenging or citizens as they strive to raise their families and be productive members of society. By coordinating efforts with our state and local law enforcement partners, we can ensure that limited law enforcement resources are being brought to bear in the most effective way possible to protect the people we serve.”
ATF Special Agent in Charge Sam Rabadi said "Individuals who repeatedly commit acts of violence will be targeted for investigation, arrested, and removed from our streets. If you choose to pursue a criminal path, it will end with a federal indictment and federal prison time. These indictments and arrests demonstrate that ATF and our law enforcement partners will work side-by-side to reduce and prevent gun violence in our communities."
“This joint effort focuses our resources and combined capabilities on those offenders who are driving the violence in our communities,” said Special Agent in Charge Sweeney. “The FBI is committed to working side by side with our local, state and federal law enforcement partners in order to keep our local communities safe.”
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Federal Inmate Sentenced to 12 Years for AssaultRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that an inmate of the U.S. Medical Center for Federal Prisoners in Springfield, Mo., was sentenced in federal court today for assaulting another inmate.
Dean Kinningham, 52, was sentenced by U.S. District Judge M. Douglas Harpool to 12 years and seven months in federal prison without parole, to be served consecutively to his previously imposed sentence.
On June 17, 2015, Kinningham pleaded guilty to assault with the intent to commit murder. Kinningham admitted that he assaulted another inmate, Gary Brown, by stabbing and slashing him with a razor blade on June 4, 2014. Prison officials responded to an emergency call in the prison ward and discovered Brown with multiple lacerations on his face and neck. Kinningham, who had blood on his shirt, was also present. Kinningham stated that “this is all me,” referring to the blood in the hallway and on his clothes. Brown was treated on the scene and transported to a local Springfield hospital for treatment.
Kinningham is currently serving a 262-month sentence for armed pharmacy robbery and brandishing a firearm during a crime of violence for the Eastern District of Tennessee, with a release date of May 17, 2030.
This case was prosecuted by Assistant U.S. Attorney Randall D. Eggert. It was investigated by the FBI and the U.S. Bureau of Prisons.
Federal Grand Jury Returns Indictment Charging Davon Lymon with Violating Firearms LawsRead the Press Release
ALBUQUERQUE – Yesterday afternoon a federal grand jury filed a four-count indictment charging Albuquerque resident Davon Lymon, 34, with violating the federal firearms laws, announced U.S. Attorney Damon P. Martinez, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of ATF and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD).
Counts 1 and 2 of the indictment charge Lymon with unlawfully possessing a firearm on May 27, 2015, and Count 4 charges him with unlawfully possessing a firearm and ammunition on Oct. 21, 2015. Lymon was then prohibited from possessing firearms or ammunition because he previously has been convicted of felony offenses in two state court cases. Lymon’s crimes of conviction include voluntary manslaughter, aggravated battery with a deadly weapon resulting in great bodily harm, fraud and forgery. Count 3 charges Lymon with unlawfully possessing a stolen firearm in late May 2015. The indictment alleges that Lymon committed the four crimes in Bernalillo County, N.M.
According to court filings, the crime charged in Count 4 of the indictment arises out of a traffic stop by an APD officer in southeast Albuquerque on the evening of Oct. 21, 2015, during which Lymon allegedly fired six rounds at the APD officer as the officer attempted to handcuff Lymon. Several rounds struck the APD officer, including one that struck the officer in the face near the chin; the officer died on Oct. 29, 2015, as a result of injuries sustained on Oct. 21, 2015.
Lymon was arrested on Oct. 26, 2015, on a federal complaint charging him with being a felon in possession of a firearm. He remains in federal custody pending his trial date, which has yet to be scheduled. A hearing for Lymon’s arraignment on the indictment has yet to be scheduled.
If convicted, Lymon faces a statutory maximum penalty of ten years in federal prison on each of the four counts in the indictment. Charges in indictments are merely accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of ATF and APD, with assistance from the Albuquerque office of the FBI, the U.S. Marshals Service, the New Mexico State Police, the Bernalillo County Sheriff’s Office, the Rio Rancho Police Department and the New Mexico Transportation Police Division.
Assistant U.S. Attorney Jacob A. Wishard 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.
lymon_indictment.pdf (99.09 KB)
FBI's James Comey Swears in New Interpol Washington DirectorRead the Press Release
On November 17, 2015, Director of the Federal Bureau of Investigation James B. Comey administered the oath of office for new Interpol Washington Director Geoffrey S. Shank. The installation ceremony was held in the Great Hall of the Robert F. Kennedy Department of Justice Building. Director Comey provided remarks that highlighted the values of partnership and cooperation, underlining both the domestic and international work of Interpol Washington. He also congratulated the members of Director Shank’s family, who were in attendance at the ceremony.
Other guest speakers at the event included Acting Director of the U.S. Marshals Service, Director Shank’s home agency, David L. Harlow; Assistant Secretary for International Affairs at the U.S. Department of Homeland Security Alan D. Bersin; and Deputy Assistant Attorney General and Controller and recently elected Interpol Executive Committee Delegate, Jolene A. Lauria.
After taking the oath of office, Director Shank addressed the audience by acknowledging the challenges that law enforcement faces in the future and Interpol Washington’s commitment to adopting the methods necessary to bring international criminals to justice. “In order to continue to be effective in this world, law enforcement must evolve as our enemies do,” said Director Shank. “By continuing to grow the information nexus that is Interpol Washington, we improve our nation’s effective counterweight to the criminal and terrorist networks of the Information Age.”
Among those in attendance were Associate Deputy Attorney General Armando Bonilla; representatives from domestic federal, state, and local law enforcement agencies; representatives of international partners and embassies such as Mexico, Montenegro, and Turkey; and the staff of Interpol Washington, who the Director thanked profusely for their dedication to the agency, justice, and public service.
Dubuque Man Charged with Racially Motivated Hate CrimeRead the Press Release
Randy Metcalf, age 40, from Dubuque, Iowa, has been charged with committing a hate crime by causing bodily injury to a person because of that person’s race. The charges are contained in a Complaint unsealed yesterday in United States District Court in Cedar Rapids.
The Complaint alleges that, on or about January 12, 2015, Metcalf assaulted an African American male at the Northside Bar in Dubuque, Iowa, by stomping on and kicking his head. The complaint further alleges that Metcalf assaulted this man because he was African American and that Metcalf had been using racial slurs in reference to the man over the course of the night prior to the assault.
If convicted, Metcalf faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, $100 in special assessments, and not more than 3 years of supervised release following any imprisonment.
Metcalf appeared today in federal court in Cedar Rapids and was held without bond. Metcalf’s next appearance for a detention and preliminary hearing is set for 9:00 a.m. on November 20, 2015.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by the Federal Bureau of Investigation and the Dubuque Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-MJ-325.
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Defendant Sentenced for Fraudulent Short Sale of a 10-Acre Residential Property in Southwest RanchesRead the Press Release
A defendant was sentenced to 30 months in prison, followed by three years of supervised release for arranging a fraudulent short sale of a 10-acre residential property in Southwest Ranches, Florida. A restitution hearing is scheduled for January 22, 2015.
Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), Robert C. Hutchinson, Acting Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), and J.D. Patterson, Director, Miami-Dade Police Department (MDPD), made the announcement.
Jaime Olaya Marroquin, a/k/a Jaime Olaya, 53, previously pled guilty to one count of bank fraud, in violation of Title 18, United States Code, Section 1344. As part of his plea agreement, Olaya agreed to forfeit the 10-acre property involved in this transaction.
According to court documents, in 2005, Olaya purchased a 10-acre residential property in Southwest Ranches, Florida. In 2008, he quitclaimed ½ of the property to AJZ Investments (AJZ), a company he controlled. To avoid having to continue making payments on the $1.6 million mortgage debt, Olaya submitted a request to the bank for a short sale on the property while intentionally excluding the portion of the property he quitclaimed to AJZ.
Olaya arranged for his family member to make a written offer to purchase the property for $430,000, but he did not inform the bank that the buyer was a family member. The defendant represented to the bank that the buyer would be putting her own money into a cash purchase of the property, but in reality the buyer did not put any money into the purchase. Olaya wired the money to the U.S. from a bank in Colombia after telling the bank that he did not have sufficient assets to pay the original mortgage debt.
The bank approved the short sale of the property for $430,000, and canceled Olaya’s remaining $1.2 million debt and released the mortgages encumbering the entire 10 acres. As a result of the fraud, Olaya was successful in preventing the bank from obtaining the benefit of the approximately $421,000 value of the property that was quitclaimed to AJZ.
Mr. Ferrer commended the investigative efforts of IRS-CI, ICE-HSI, and the Miami-Dade Police Department. This case is being prosecuted by Assistant U.S. Attorney Frank H. Tamen.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Deaconess Home Health, Inc. and Owner Agree to Criminal and Civil Resolution of Health Care Fraud ChargesRead the Press Release
The Acting United States Attorney for the Eastern District of Wisconsin, Gregory Haanstad, announced today that the United States has filed a criminal information charging Deaconess Home Health, Inc. and its owner, Lazarus Bonilla, with committing health care fraud against the Wisconsin Medicaid Program. Deaconess has agreed to plead guilty to the crime under a plea agreement filed with the information. Bonilla and the United States have entered into a deferred prosecution agreement. The United States also reached a civil settlement agreement with Deaconess and Bonilla for $3,724,000 pursuant to the federal False Claims Act.
The agreements arose out of an investigation into the false billing of personal care worker services Deaconess (formerly known as Outreach Home Health) to the Wisconsin Medicaid Program. The Wisconsin Medicaid Program pays for personal care services, which are medically orientated services intended to assist a recipient with activities of daily living necessary to maintain a recipient in his or her place of residence in the community. As charged in the criminal information and the stipulated statement of facts, the defendants engaged in a scheme to defraud the Medicaid program by (1) intentionally recruiting patients and personal care workers without regards to whether to whether personal care worker services were medically necessary for those patients; (2) instructing nurses employed by Deaconess to routinely inflate, without regard to medical necessity, the assessment of the patient that was provided to the Medicaid program; (3) failing to conduct required supervisory visits to ensure that services were in fact being provided, that services continued to be medically necessary, and that any services provided were appropriate for the needs of the patient; and (4) hiring physicians to act as medical directors to sign plans of care for patients on whom they had not completed a physical examination.
As a result of these practices, the defendants submitted claims to the Medicaid Program for services that were not medically necessary or that Deaconess could not verify had ever been provided. Between 2011 and 2012, Deaconess increased its billing to the Medicaid Program for personal care service by over 100%.
“Medicaid has long been an invaluable lifeline for many of the most vulnerable members of society,” said Acting United States Attorney Haanstad. “Particularly in a time of increasing federal and state budget constraints, it is vitally important to ensure that funds in that program are not improperly diverted.”
“The billing of Medicaid for services not rendered and/or medically unnecessary services depletes the program of vital resources that are needed for the care of some of the nation’s most vulnerable citizens,” said Lamont Pugh III, Special Agent in Charge of the U.S. Department of Health & Human Services, Office of Inspector General – Chicago Region. “The OIG will continue to root out and identify those who seek to defraud the Medicaid program and work with our law enforcement partners to ensure that they are held accountable.”
Deaconess ceased operation after Medicaid stopped paying claims submitted by Deaconess in April 2013. Pursuant to a plea agreement, Deaconess will plead guilty to a felony charge of health care fraud and the government is entering into a deferred prosecution agreement with Bonilla. Bonilla has agreed to be voluntary excluded from participating in any federal health care program, including Medicare and Medicaid, for fifteen (15) years.
The Civil Settlement resolves there (3) lawsuits filed under the qui tam, or whistleblower, providers of the False Claims Act. The False Claims Act allows private citizens with knowledge of fraud against the government to bring civil actions on behalf of the United Sates and share in any recovery. Two of the whistleblowers are former employees of Deaconess. As part of today’s resolution, the whistleblowers will receive payment of approximately $600,000.
Acting United States Attorney Haanstad praised the investigative work of the Office of the Inspector General for the United States Department of Health and Human Services, the Medicaid Fraud Control Unit for the Wisconsin Department of Justice, the Federal Bureau of Investigation, and the United States Attorney’s Office for the Eastern District of Wisconsin.
The criminal cases are captioned United Sates v. Deaconess Home Health, Inc, and United States v. Lazarus Bonilla, 15-CR-207. The civil cases are captioned U.S. and State of Wisconsin ex rel. Ritacca v. Atlas Healthcare Inc., et al., Case No. 10-C-253; U.S. and State of Wisconsin ex rel. Komlodi v. Outreach Healthcare Inc., et al,. Case No. 11-C-973; and U.S. and State of Wisconsin ex rel. Campbell v. DHH, et al., Case No. 13-C-488.
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Convicted Felon Sentenced to Seven Years for Possessing A FirearmRead the Press Release
Tampa, Florida – U.S. District Judge James D. Whittemore has sentenced Gabriel Leon-Torres (Tampa, 33) to seven years in federal prison for possessing firearms as a convicted felon. He pleaded guilty on August 13, 2015.
According to court documents, between February and April 2015, Leon-Torres sold two firearms and a variety of illegal narcotics, including crack cocaine, to a confidential informant. A search warrant executed at his residence revealed, among other items, a stolen Miami-Dade police ballistic vest, crack cocaine, cocaine, heroin, marijuana, and a variety of prescription narcotics. Leon-Torres has multiple prior felony convictions and therefore is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). It was prosecuted by Assistant United States Attorney Rachel Jones.
It is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Regina Lombardo, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials. It is also a part of ATF’s Frontline strategy to reduce violent crime and improve the quality of life where law enforcement efforts are focused.
Career Criminal Sentenced to More Than 13 Years in Federal Prison for Trafficking Crack CocaineRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that ANTHONY SABATO, 57, of West Haven, was sentenced today by U.S. District Judge Vanessa L. Bryant in Hartford to 165 months of imprisonment, followed by five years of supervised release, for trafficking crack cocaine.
According to court documents and statements made in court, from approximately March 2013 to March 2015, SABATO conspired to distribute crack cocaine. During the investigation of this matter, an undercover officer purchased crack from SABATO and his co-defendant, Miguel Joel Roman of Hartford. The investigation also revealed that SABATO was selling prescription narcotics.
SABATO and Roman were arrested on March 24, 2015, after they sold approximately two ounces of crack to the undercover officer in exchange for $4,000. A search of SABATO’s residence on that date revealed crack cocaine, powder cocaine, two digital drug scales, narcotics paraphernalia and approximately 10 mobile phones.
SABATO has been detained since his arrest. On July 6, 2015, he pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute 280 grams or more of cocaine base (“crack cocaine”).
SABATO has sustained 35 convictions since 1975, including state convictions for assault, larceny, burglary and narcotics offenses, and federal convictions for firearms, gambling, and fraud offenses.
In addition to noting SABATO’s lengthy criminal history, Judge Bryant found that SABATO supplied the firearm that was used in the murder of Darien Police Officer Kenneth Bateman in May 31, 1981.
On November 12, 2015, Roman pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute cocaine base. He is scheduled to be sentenced on February 10, 2016.
This investigation has been conducted by the FBI’s New Haven Safe Streets Task Force, the West Haven Police Department and the Darien Police Department. The Task Force includes personnel from the FBI, West Haven Police Department, New Haven Police Department, Milford Police Department and Connecticut Department of Correction. The case is being prosecuted by Assistant U.S. Attorney Tracy Lee Dayton.
Buffalo Man Pleads Guilty to Gun Charge Involving A HomicideRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Jose L. Ramirez-Merced, 30, of Buffalo, NY, pleaded guilty to discharge of a firearm in furtherance of drug trafficking which caused the death of a person before U.S. District Judge Richard J. Arcara. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life and a $250,000 fine.
Assistant U.S. Attorney Thomas S. Duszkiewicz, who is handling the case, stated that in June 2012, Merced, co-defendant Alexander Duarte and others sold heroin on the West Side of Buffalo. On July 15, 2012, the group planned a home invasion robbery targeting the residence of heroin dealer Jose Rivera. However, the defendants and others invaded the wrong residence and stole cocaine and cash.
As a result, Jose Rivera began making threats against individuals in the group and attempted to kill one of the individuals known as L.B. In response, the group decided to murder Rivera. On July 31, 2012, Merced, co-defendant Alexander Duarte retrieved a gun and proceeded to a residence on West Avenue in Buffalo where they opened fire, killing Rivera and wounding a female.
"The acts perpetrated in this case demonstrate yet again why we continue to relentlessly pursue drug traffickers and the violence that almost always follows," said U.S. Attorney Hochul.
Charges are pending against Alexander Duarte. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction Special Agent in Charge Adam S. Cohen and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda. The task force includes representatives of the Amherst Police Department; the Buffalo Police Department; U.S. Border Patrol, the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Cheektowaga Police Department; the Erie County Sheriff’s Department; the Hamburg Police Department; the Lancaster Police Department; the Niagara Frontier Transportation Authority Police; the New York State Department of Correctional Services; the New York State Police; and U.S. Immigration and Customs Enforcement, Homeland Security Investigations.
Sentencing is scheduled for February 24, 2016 at 12:30 p.m. before Judge Arcara.
Bossier City resident pleads guilty to receiving child pornographyRead the Press Release
SHREVEPORT, La. – United States Attorney Stephanie A. Finley announced today that a Bossier City man pleaded guilty to receiving child pornography.
Christopher J. Leger, 52, of Bossier City, La., pleaded guilty before U.S. District Judge S. Maurice Hicks Jr. to one count of receiving child pornography. According to evidence presented at the guilty plea, federal agents executed a search warrant on March 13, 2014 on Leger’s residence. Child pornography had previously been downloaded from a computer at the address. After examining media devices from the residence, agents found 76 images and two videos of child pornography.
Leger faces 15 to 40 years in prison, five years to life of supervised release, a $250,000 fine, mandatory registration as a sex offender and forfeiture of property seized during the investigation. A sentencing date of March 3, 2016 was set.
This case is part of Project Safe Childhood, a U.S. Department of Justice nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood combines 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.
The U.S. Department of Homeland Security/Homeland Security Investigations/Immigration & Customs Enforcement (ICE) also encourages the public to report suspected child predators and any suspicious activity through its toll-free hotline at (866) DHS-2ICE. Investigators are available at all hours to answer hotline calls. Tips or other information can also be submitted to ICE online by visiting their website at www.ice.gov/exec/forms/hsi-tips/tips.asp or through the Operation Predator smartphone application (http://www.ice.gov/predator/smartphone-app). Tips also may be submitted anonymously.
Homeland Security Investigations and Louisiana Internet Crimes Against Children Task Force conducted the investigation. Assistant U.S. Attorney Seth D. Reeg is prosecuting the case.
Blue Springs Man Sentenced to 40 Years for Producing Child Porn After Being Caught on Nanny CamRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Blue Springs, Mo., man who was caught sexually assaulting a toddler on a nannycam was sentenced in federal court today for producing child pornography.
Jeffrey Laurence Treta, 47, of Blue Springs, was sentenced by U.S. District Judge Beth Phillips to 40 years in federal prison without parole. The court also sentenced Treta to a term of supervised release for the rest of his life following incarceration.
On Feb. 19, 2015, Treta pleaded guilty to two counts of producing child pornography, two counts of producing child obscenity, one count of possessing child pornography and one count of obstructing justice.
Treta was living with his estranged wife and babysitting a 21-month-old child identified as Jane Doe #1 while his wife was away from the house on Jan. 29, 2013. Treta’s wife had installed a nannycam in the master bedroom, which was triggered whenever anyone entered the room. The nannycam recorded Treta bringing Jane Doe #1 into the bedroom, laying the toddler down on the bed, and using his cell phone to record himself sexually assaulting the child victim while he lay in bed with her.
Treta’s wife and son gave law enforcement investigators a SIM card they had innocently retrieved from Treta’s cell phone on a prior occasion. The SIM card contained a video and images of similar child pornography dated 10 days prior to Treta’s recorded assault of Jane Doe #1. Some of the images of this assault were transferred from Treta’s cell phone to his laptop computer.
Treta’s laptop also contained images of two more victims, about 10 years old, identified as Jane Doe #2 and Jane Doe #3. Those images were Photoshopped to make it appear as though the children were engaged in sexually explicit conduct.
Treta’s laptop contained hundreds of images from child modeling, nudist and other Web sites, many of which constituted child pornography. Many of the images were of prepubescent children (including toddlers) and a few depict sadistic activity. Other images on Treta’s laptop resembled the Photoshopped images of Jane Doe #2 and Jane Doe #3.
Treta destroyed evidence in anticipation of a police investigation of sexual abuse and child pornography. During the few minutes after police officers had been called, but before they arrived at his residence, Treta deleted a large number of items from his laptop, including images and videos.
This case was prosecuted by Assistant U.S. Attorney Teresa Moore. It was investigated by the Blue Springs, Mo., Police Department.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Bangor Man Sentenced to 10 Years on Drug Trafficking and Gun ChargesRead the Press Release
Contact: Chris Ruge
Assistant United States Attorney
Tel: (207) 945-0373Bangor, Maine: United States Attorney Thomas E. Delahanty II announced that Terrance Douglas, 35, of Bennettsville, South Carolina and Bangor, Maine, was sentenced today in U.S. District Court by Judge John A. Woodcock, Jr. to 10 years in prison and eight years of supervised release for conspiracy to distribute cocaine, cocaine base, commonly known as crack cocaine, and heroin; possession with intent to distribute cocaine, crack cocaine and heroin; and being a felon in possession of a firearm. Douglas pleaded guilty on April 3, 2015.
According to court records, from April to October, 2014, Douglas imported drugs from out of state and then prepared, packaged, and distributed them in the Bangor area. Douglas, who had a previous felony conviction for distributing crack cocaine, was also found in possession of a loaded Smith & Wesson .44 magnum pistol at the time of his arrest.
The investigation was conducted by the Maine Drug Enforcement Agency; the Bangor Police Department; and the Bureau of Alcohol, Tobacco, Firearms & Explosives.
Baltimore Man Sentenced to 12 Years in Prison for Sex Trafficking ConspiracyRead the Press Release
Baltimore, Maryland – U.S. District Judge James K. Bredar sentenced Gerald Lee Banks, age 40, of Baltimore, today to 12 years in prison, followed by five years of supervised release, for conspiracy to commit sex trafficking by force, fraud and coercion. Judge Bredar also ordered that upon his release from prison Banks will also be required to register as a sex offender in the place where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Andre Watson of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); and Chief James W. Johnson of the Baltimore County Police Department.
According to Banks’ plea agreement, from September through May 2013, Banks conspired with Travis Lamont Foote, a/k/a “Cash,” to commit sex trafficking by force, fraud, and coercion.
For example, in September 2012, Jane Doe 1, an 18 year old woman living in Florida, had dropped out of high school and was trying to get back into school or find employment. Foote contacted Jane Doe 1 on Facebook, using a female online identity he created, “Cash Treasure,” and told Jane Doe 1 that “she” knew someone who would be able to assist her. Foote then reached out to Jane Doe 1, as a friend of “Cash Treasure,” and lured her to Baltimore stating that he could help Jane Doe 1 to get back into high school and get a diploma. After Jane Doe 1 agreed, Foote paid for an airline ticket for Jane Doe 1 to fly from Florida to Baltimore sometime in September.
Banks and Foote met Jane Doe 1 at the airport and drove her to a motel in Catonsville, where they had rented four rooms, three of which were occupied by other females. It was then that Jane Doe 1 learned that Banks and Foote were running a prostitution business and that they expected Jane Doe 1 to work for them. At first Jane Doe 1 refused, but eventually she began having sex with men for money, with all of the proceeds going to Banks and Foote.
During this time of the conspiracy, Banks and Foote used internet websites to advertise the women who worked for them, including Jane Doe 1, as available for prostitution. All of the proceeds were paid to Banks and Foote. On November 14, 2012, an undercover detective from the Baltimore County Police Department Vice Unit scheduled a “date” with one of the prostitutes advertised by Banks and Foote. The undercover detective met the woman at the agreed upon time and place and she was arrested. Jane Doe 1 was also arrested and officers located and attempted to arrest Foote but he struggled and ran away.
On May 16, 2013, a Baltimore County Police officer conducted a traffic stop of a vehicle being operated by Banks, with Foote and an 18 year old female, Jane Doe 2, as passengers in the car. Banks, Foote and Jane Doe 2 were arrested when officers recovered a plastic bag containing 16 smaller bags of crack cocaine. Jane Doe 2 was listed in police records as a possible runaway and investigation showed that Jane Doe 2 began working as a prostitute for Banks and Foote in April 2013. As a result of internet advertisements placed by Banks and Foote, Jane Doe 2 had approximately 100 “dates” with men to engage in commercial sex acts and all of the proceeds were paid to Banks. Jane Doe 2 told law enforcement that earlier in May 2013, Foote beat and choked her when she tried to leave the motel after refusing a request from one of the men. Banks stopped Foote from choking her, but was aware that Foote physically forced Jane Doe 2 back to the hotel room.
Shortly after his arrest on May 16, 2013, Banks made bail and was released. Banks did not attend further court proceedings and an arrest warrant was issued in October 2013. On January 9, 2014, federal charges were filed against Banks, who evaded authorities until his arrest in October 2014. Banks has been detained since his arrest.
Travis Lamont Foote, a/k/a “Cash,” age 31, of Baltimore, previously pleaded guilty to his role in the sex trafficking conspiracy and was sentenced to 12 years in prison.
This case was investigated by the Maryland Human Trafficking Task Force, formed in 2007 to discover and rescue victims of human trafficking while identifying and prosecuting offenders. Members include federal, state and local law enforcement, as well as victim service providers and local community members. For more information about the Maryland Human Trafficking Task Force, please visit http://www.justice.gov/usao/md/priorities_human.html.
Report suspected instances of human trafficking to HSI's tip line at 866-DHS-2ICE (1-866-347-2423) or by completing its online tip form. Both are staffed around the clock by investigators.
United States Attorney Rod J. Rosenstein commended HSI Baltimore and the Baltimore County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Judson T. Mihok, who prosecuted the case.
Baldwin County Woman Sentenced to 18 Months for Possession with Intent to Distribute Methamphetamine IceRead the Press Release
The United States Attorney Kenyen Brown announces that Heather Jaye Skidmore, a 38 year old resident of Spanish Fort, Alabama was sentenced today to 48 months incarceration followed by five years of supervised release for possession with intent to distribute approximately 120 grams of methamphetamine ICE.
On July 21, 2015, Ms. Skidmore pled guilty after a search of her residence yielded varying quantities of ICE in different locations in her home.
Baldwin County, Alabama Sheriff’s Office deputies and the Loxley, Alabama Police Department officers investigated the case and presented it to the U.S. Attorney's Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Baldwin County Man Sentenced to 48 Months for Possession with Intent to Distribute Methamphetamine IceRead the Press Release
The United States Attorney Kenyen Brown announces that Clifford Shane Hall, Jr. a 38 year old, resident of Bay Minette, Alabama was sentenced today to 48 months incarceration followed by five years of supervised release for possession with intent to distribute approximately 120 grams of methamphetamine ICE.
On July 21, 2015, Mr. Hall pled guilty after being caught with the ICE on his person and in his vehicle while attempting to distribute the ICE to another drug dealer.
Baldwin County, Alabama Sheriff’s Office deputies and the Loxley, Alabama Police Department officers investigated the case and presented it to the U.S. Attorney's Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Baldwin County Man Sentenced to 120 Months for Possession with Intent TO Distribute Methamphetamine IceRead the Press Release
The United States Attorney Kenyen Brown announces that Robert Keith Corte, Jr. a 26 year old, resident of Summerdale, Alabama was sentenced today to 120 months incarceration followed by five years of supervised release for possession with intent to distribute approximately 149 grams of methamphetamine ICE.
On May 20, 2015, Mr. Corte pled guilty after being found in a vehicle with the ICE while parked at a convenience store.
Baldwin County, Alabama Sheriff’s Office deputies and the Loxley, Alabama Police Department officers investigated the case and presented it to the U.S. Attorney's Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Bakersfield Resident Pleads Guilty to Laser Strike of Sheriff’s HelicopterRead the Press Release
FRESNO, Calif. —Jose Javier Rosas, 62, of Bakersfield, entered a guilty plea today to aiming the beam of a laser pointer at Air-1, a Kern County Sheriff’s Office helicopter, United States Attorney Benjamin B. Wagner announced.
In pleading guilty, Rosas acknowledged that at the beginning of this year he struck and tracked Air-1 with a green laser pointer during the evening hours. As a result, the pilot experienced glare, flash blindness, significant loss of night vision, watering eyes, and eye pain and was forced to disengage from a robbery investigation.
Reports of laser attacks have increased dramatically in recent years as powerful laser devices have become more affordable and widely available to the public. In 2014, there were 3,894 reports of incidents involving laser strikes on aircraft. This year, there have been 5,530 laser incidents reported in the United States through October 23, 2015 (or more than 18 per day). In the Eastern District of California, which encompasses 34 counties, including Kern County, there were 150 reported incidents in 2014. This year, in the Eastern District of California, Bakersfield has the highest number of reported laser incidents. Lasers can completely incapacitate pilots who are trying to fly safely to their destination, endangering their crew members, passengers and people on the ground.
Rosas is scheduled for sentencing on February 1, 2016, before U.S. District Judge Lawrence J. O’Neill. Rosas faces a maximum prison term of five years and a fine of up to $250,000. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case is the product of an investigation by the Federal Bureau of Investigation, the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), and Kern County Sheriff’s Office. Assistant U.S. Attorney Karen A. Escobar is prosecuting this case.
Atlas Healthcare, Inc. and Owners Agree to Civil Resolution of Health Care Fraud ChargesRead the Press Release
The Acting United States Attorney for the Eastern District of Wisconsin, Gregory Haanstad, announced today that the United States has reached a civil settlement agreement with Atlas Healthcare, Inc., and its owners, Deana Bajanen and Sheena Jones, for $435,000 pursuant to the federal False Claims Act. Atlas is located in Hales Corners, Wisconsin. Atlas is alleged to have knowingly submitted false claims for personal care worker services to the Wisconsin Medicaid Program for patients that did not need the services or did not need the level of services for which Atlas billed the Medicaid program.
The civil settlement resolves a lawsuit filed under the qui tam – or whistleblower – provisions of the False Claims Act, which allows private citizens with knowledge of fraud on the government to bring a civil action on behalf of the United States. The Wisconsin Medicaid Program pays for medically necessary personal care services, which are services intended to assist a recipient with activities of daily living necessary to maintain a recipient in his or her place of residence in the community. The qui tam complaint alleged that Atlas submitted false claims to the Wisconsin Medicaid Program for personal care worker services for patients who did not need the care. As part of the resolution, the whistleblower will receive a share of the settlement.
The investigation of Atlas, Jones, and Bajanen was undertaken by the Office of the Inspector General for the United States Department of Health and Human Services, the Medicaid Fraud Control Unit for the Wisconsin Department of Justice, the Federal Bureau of Investigation, and the United States Attorney’s Office for the Eastern District of Wisconsin.
The civil case was captioned U.S. and State of Wisconsin ex rel. Ritacca v. Atlas Healthcare Inc., et al., Case No. 10-C-253.
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Arizona Executive Pleads Guilty in $500,000 Investment SchemeRead the Press Release
BOSTON – An Arizona man pleaded guilty today in U.S. District Court in Boston to defrauding four people who invested in his foreign currency trading company.
David Prescott, 45, formerly of Boston, pleaded guilty today to four counts of wire fraud. Prescott, who previously went by the name of David Weeks, was indicted on those charges in February 2015. U.S. District Judge Allison D. Burroughs scheduled sentencing for Feb. 10, 2016.
Prescott was the owner and President of Cambridge Currency Partners, LLC (CCP), which was purportedly engaged in the business of buying and selling foreign currency. Prescott falsely represented to investors that their funds would be invested in CCP and used for business purposes, and that the investors would receive a monthly return. In fact, Prescott used the majority of the $500,000 he received on personal expenses and repayments to other investors.
As part of the scheme, Prescott solicited investors by promising monthly returns, and made payments to them that purported to be interest, but, in fact, simply consisted of money from other investors. Prescott promised investors guaranteed monthly returns in amounts ranging from three to nine percent with little to no risk to the underlying principal. Prescott made false representations to the investors regarding the balances in their accounts. As a result, Prescott was able to secure multiple investments from the same investors. On one occasion, Prescott allegedly emailed an investor and promised to increase the interest paid on her previous investments if she were willing to invest additional funds, even though Prescott had already spent the majority of her previous investments on personal expenses and repayments to other investors.
The charging statute provides a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000 or twice the gain or loss, and restitution on each count. 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 Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Mark J. Balthazard of Ortiz’s Economic Crimes Unit.
Airport Baggage Handlers Plead Guilty to Theft ConspiracyRead the Press Release
NORFOLK, Va. – Chris Arthur Perry, Jr., 25, of Chesapeake, and Gregory Paul Wingard, Jr., 27, of Norfolk, pleaded guilty today for their roles in a conspiracy to steal valuable items from passengers’ bags at the Norfolk International Airport.
In a statement of facts filed with the plea agreement, from approximately December 2013 to June 4, 2015, Perry and Wingard used their positions as baggage handlers to break into checked baggage in the secure area of the Norfolk International Airport. They removed money, electronics, and other valuable items and then sold the items to members of the community or to pawn shops in the Tidewater area. Perry and Wingard specifically targeted firearm containers while searching for bags to break into. Part of the conspiracy was to steal firearms by switching baggage tags, causing firearm containers to be transported away from the original intended destination and preventing detection from law enforcement.
Perry and Wingard were indicted by a federal grand jury on Oct. 7, 2015. Each man faces a maximum penalty of five years in prison when sentenced on March 14, 2016. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and John S. Adams, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after the pleas were accepted by U.S. Magistrate Judge Douglas E. Miller.
This case was investigated by the FBI’s Norfolk Field Office with the assistance of Transportation Security Administration and U.S. Airways. Assistant U.S. Attorney Joseph E. DePadilla is prosecuting this case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:15-cr-131.
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17 November 2015
York Gang Leaders and Members Convicted After Seven Week Federal TrialRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that members of a gang that has operated for a decade or more in the City of York were found guilty of participating in racketeering and drug distribution conspiracies by a jury in federal court in Harrisburg.
The seven and a half week trial before U.S. District Court Judge Yvette Kane began on September 24. It included over 100 witnesses called by the government, including York City Police officers and detectives, federal agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the FBI and gang members who had previously pleaded guilty and featured the presentation of over 500 exhibits. Among the exhibits were videos of violent incidents involving the Southside Gang, drugs, cash and property seized by police and ATF agents as part of the investigation.
The jury returned its verdict late yesterday after three days of deliberation. The jury convicted all 12 men.
According to U.S. Attorney Peter Smith, the gang, labeled by the government as a criminal enterprise, is known as Southside. It operated in southern York, centered in the area of Maple and Duke Streets. There was no formal structure but the participants included senior leaders, drug traffickers engaged in distribution and sales of narcotics, particularly crack cocaine, and “shooters,” individuals who committed acts of violence, including use of firearms on behalf of the gang and to protect its members from other gangs in York. Order was maintained through intimidation and threats and, in some cases, murder. The Southside Gang includes a group of violent drug traffickers, originally affiliated with the “Bloods,” primarily a New York-based national violent street gang.
Violence against a rival York gang, called “Parkway,” allegedly resulted in death or shootings of members of both gangs and innocent bystanders.
ATF, together with the York City Police Department and the York County District Attorney’s Office, began an intensive two year investigation of Southside in 2012. It culminated in a September 2014 grand jury indictment of 21 individuals.
Eight of the indicted persons, including James Abney, a senior Southside leader, pleaded guilty to the racketeering conspiracy charge prior to the trial, as did seven other individuals included in the September 2014 indictment.
Many individual Southside gang members were investigated and previously prosecuted by York County law enforcement agencies on state charges. The federal prosecution aimed at dismantling the organization by exposing and attacking its continuity and leadership. The federal investigation of gang violence and drug dealing in York is continuing in full cooperation with local police and the York County District Attorney’s Office.
“The guilty verdicts returned by the jury send a message of justice. It is a message to criminals that gang activity and gun violence will be dealt with and will not be tolerated. It is a message to the residents of York County, that ATF and our law enforcement partners remain dedicated to serving the public, to reducing and preventing gun violence on our streets and in our neighborhoods," said ATF Special Agent in Charge Sam Rabadi.
The case included the participation and assistance of the Pennsylvania State Police, West York Borough Police Department, Spring Garden Township Police Department, the York County Drug Task Force, the Federal Bureau of Investigation, and the U.S. Marshals Service.
Assistant U.S. Attorneys Michael A. Consiglio, William Houser, and Joseph Terz prosecuted the case. U.S. Attorney Smith praised the diligent and highly professional work of the trial team.
Overall, the jury found seven of the 12 men on trial guilty of racketeering conspiracy and conspiracy to distribute drugs, mainly cocaine base (crack) and cocaine, but including heroin in some instances. Two others were found not guilty of the racketeering charge but were found guilty of the drug distribution conspiracy count of the indictment. Three of the defendants were found not guilty of either of the conspiracy counts. The jury found all 12 defendants guilty of possession of illegal drugs with the intent to distribute. Two defendants were also charged and found guilty of, possession of firearms in furtherance of drug trafficking.
According to U.S. Attorney Smith, the principal defendants, specifically the most violent and those in leading roles, were found guilty of the racketeering conspiracy charges.
The individual defendants and the charges on which they were convicted are:
Marc Hernandez, a/k/a “Marky D,” age 30; racketeering conspiracy, drug trafficking conspiracy, drug possession with intent to deliver and possession of firearms in furtherance of drug trafficking (2 counts),
Rolando Cruz, a/k/a “Mico,” age 30; racketeering conspiracy, drug trafficking conspiracy, drug possession with intent to deliver and possession of firearms in furtherance of drug trafficking (2 counts),
Douglas Kelly, a/k/a “Killer,” age 37; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver,
Roscoe Villega, a/k/a “P Shawn,” age 41; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver,
Tyree Eatmon, a/k/a “Ree,” age 27; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver,
Maurice Atkinson, a/k/a “Mo,” age 28; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver,
Anthony Sistrunk, a/k/a “Kanye,” age 27; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver,
Eugene Rice, a/k/a “B Mor,” age 27; drug trafficking conspiracy, and drug possession with intent to deliver,
Angel Schueg, a/k/a “Pocko,” age 26; drug trafficking conspiracy, and drug possession with intent to deliver,
Jalik Frederick, a/k/a “Murder Cat,” age 22; drug possession with intent to deliver,
Brandon Orr, a/k/a “B Or,” age 23; drug possession with intent to deliver,
Jabree Williams, a/k/a “Minute,” age 24; drug possession with intent to deliver.
Southside gang members who pleaded guilty to racketeering conspiracy prior to the trial are:
James Abney, a/k/a “Doocs,” age 29.
Malik Sturdivant, a/k/a “Base,” age 23.
Jahkeem Abney, a/k/a “Foo,” age 25.
Ronald Payton, a/k/a “Ron Ron,” age 23.
Cordaress Rogers, a/k/a “Tank,” age 29.
Marquis Williams, a/k/a “Quis,” age 27.
Jerrod Brown, a/k/a “Boogie,” age 26.
Quintez Hall, a/k/a “Q,” age 23.
No sentencing date has been set for any of the defendants. All of the defendants are in custody.
Richard Nolden, a/k/a “Rich” age, 25, is currently awaiting trial after his case was severed from the others. He is currently serving a lengthy state court sentence.
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Waterbury Man Sentenced to 5 Years in Federal Prison for Manufacturing and Distributing "Date Rape Drug"Read the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that HATEM SALEM, 46, of Waterbury, was sentenced yesterday by U.S. District Judge Robert N. Chatigny in Hartford to 60 months of imprisonment, followed by three years of supervised release, for distributing GHB and other controlled substances. SALEM was ordered to perform 120 hours of community service while on supervised release.
According to court documents and statements made in court, from March 2011 to October 2013, SALEM ordered gallons of GBL, Ketamine and other controlled substances from China, Pakistan and other locations. GBL (Gamma-Butyrolactone) is used to produce GHB (Gamma Hydroxybutyrate), which is commonly known as the “date rape drug.” SALEM then converted the GBL to GHB and sold it, along with other controlled substances, to fellow body builders and to nightclub and bar patrons at various locations in Connecticut and New Jersey. The investigation also revealed that SALEM sold GHB, “Molly,” cocaine, Adderall and other controlled substances.
SALEM has been detained since his arrest on October 31, 2013. On August 24, 2015, he pleaded guilty to one count of unlawful importation of a listed chemical (GBL) with intent to manufacture a controlled substance.
SALEM’s criminal history includes two prior federal convictions and a prior state conviction. On April 2, 1998, SALEM was arrested by the FBI in New York for importing and distributing steroids and other controlled pharmaceutical drugs. He subsequently pleaded guilty and was sentenced to five years of probation.
On May 13, 2003, SALEM was arrested by the DEA in New York for distributing wholesale quantities of GHB in New York and Connecticut. During the investigation, SALEM had sold gallons of GHB to an undercover agent. He pleaded guilty and was sentenced to 51 months of imprisonment.
On July 18, 2012, SALEM was arrested by the Ansonia Police Department for attempting to fill a fraudulent prescription at a pharmacy for 180 30-milligram oxycodone pills. He pleaded guilty and was sentenced to a one year of imprisonment, execution suspended, and two years of probation.
This matter was investigated by Homeland Security Investigations and the Drug Enforcement Administration’s New Haven Tactical Diversion Squad. The case was prosecuted by Assistant U.S. Attorney Rahul Kale.