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Monday 28 September 2015
Newark One of Five Cities Added to Justice Department’s Violence Reduction NetworkRead the Press Release
NEWARK, N.J. – Newark was chosen one of five cities that will join the Department of Justice’s Violence Reduction Network (VRN), a comprehensive approach to reducing violent crime in communities around the country, U.S. Attorney Paul J. Fishman announced.
Newark was added to the program along with Little Rock, Arkansas; West Memphis, Arkansas; Compton, California; and Flint, Michigan. They join the inaugural sites of Detroit; Chicago; Camden, New Jersey; Wilmington, Delaware; and Oakland and Richmond, California.
“The selection of Newark as a VRN city will enable us to build on the success we’ve already achieved in Camden over the past year,” U.S. Attorney Fishman said, “and I'm pleased that my colleagues in Washington appreciate the strength of our federal, state, county, and local partnerships. This program ensures that federal resources are carefully targeted to the areas where they will provide the greatest benefit, allowing us to work with our local partners in ensuring we continue to create safe, thriving communities for all our citizens.”
Today’s announcement was made by Deputy Attorney General Sally Q. Yates and Assistant Attorney General Karol V. Mason of the Office of Justice Programs (OJP) before an audience of U.S. Attorneys, police chiefs, sheriffs, mayors, local leaders from the 10 sites and Department of Justice representatives at the second annual VRN Summit in Detroit, Michigan.
Through the VRN, the Justice Department enlists tactical and operational expertise available from the Bureau of Justice Assistance, the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the United States Marshals Service (USMS), the Drug Enforcement Administration (DEA), the Executive Office of the United States Attorneys, the Community Oriented Policing Services Office and the Office on Violence Against Women.
Deputy Attorney General Yates cited the progress reported by the current VRN sites in their first year. In Camden, for example, the FBI assisted the local police display wanted felons’ information on digital billboards, resulting in the arrest of two felons The ATF helped the Camden County Police Department acquire National Integrated Ballistic Information Network (NIBIN) equipment and training. NIBIN has allowed the county to initiate eTrace, an Internet-based firearms tracing and analysis tracking process to enhance criminal investigations.
In addition to announcing the five new VRN sites, Deputy Attorney General Yates announced Smart Policing grant awards totaling more than $2 million to law enforcement agencies to develop innovative, data-driven approaches to crime.
For more VRN information visit: www.bja.gov/Programs/VRN.html
New Hampshire Woman Pleads Guilty to Social Security, Food Stamp, and Medicaid FraudRead the Press Release
CONCORD, N.H. – Beverly Eaton, 57, of Seabrook, pleaded guilty today in United States District Court for the District of New Hampshire to one count of Social Security Fraud and four counts of Making False Statements, announced Acting United States Attorney Donald Feith.
In February 2009, Eaton began receiving Social Security disability benefits. She also received Food Stamps and Medicaid since July 2008 and December 2008, respectively. Eligibility for each of these benefits programs is based, in part, on the applicant having limited income and resources. At the time she applied for benefits, Eaton failed to disclose that she owned two pieces of real estate, each with an assessed value of over $20,000.00, far in excess of the resource limits set by each of these needs-based programs. Her ownership of these properties would have rendered her ineligible to receive any Supplemental Security Income benefits, Food Stamps, and Medicaid. Eaton concealed her ownership of these properties from the Social Security Administration and from the New Hampshire Department of Health and Human Services and, in fact, falsely reported that she did not own any real estate. As a result of her concealment, Eaton received $66,755.66 in disability benefits, Food Stamps, and Medicaid benefits that she would not have received if Social Security and the New Hampshire Department of Health and Human Services had been aware of her real estate holdings.
Eaton is scheduled to be sentenced on January 12, 2016. She is facing a maximum sentence of five years imprisonment. She was released on conditions pending sentencing.
The case was investigated by the Social Security Administration’s Office of the Inspector General in conjunction with the New Hampshire Department of Health and Human Services’ Office of Improvement and Integrity, and prosecuted by Special Assistant United States Attorney Karen Burzycki.
Nevada Domestic Violence Organization Receives $800,000 Grant from U.S. Department of JusticeRead the Press Release
LAS VEGAS, Nev. - The U.S. Justice Department today awarded a Nevada non-profit organization, the Nevada Network Against Domestic Violence, an $800,000 grant to improve arrest outcomes in domestic violence cases in Clark County and other areas of Nevada, announced U.S. Attorney Daniel G. Bogden for the District of Nevada. The announcement was made by Deputy Attorney General Sally Quillian Yates at the Justice Department’s Second Annual Violence Reduction Network Summit in Detroit, Mich.
“It is critical that we enhance the partnerships between criminal justice agencies, victim services providers, and community organizations in order to effectively investigate and prosecute domestic violence crimes,” said U.S. Attorney Bogden. “I am pleased to see that Nevada was one of the states to receive this very important grant award.”
In addition to the Nevada Network Against Domestic Violence, 43 other organizations across the country received awards totaling over $26 million from the Department of Justice’s Office on Violence Against Women.
The Nevada Network Against Domestic Violence, located in Reno, Nev., will collaborate with the State of Nevada Attorney General’s Office and other non-governmental victim organizations to implement the grant over a three-year period. The award will be used to support five victim advocates, and to identify legislative and policy barriers and develop best practice recommendations on the arrest and prosecution of domestic violence cases.
Created in 1995, the Office on Violence Against Women (OVW) provides federal leadership in developing the nation’s capacity to reduce violence against women through the implementation of the Violence Against Women Act (VAWA) and subsequent legislation. OVW administers financial and technical assistance to communities across the country that are developing programs, policies and practices aimed at ending domestic violence, dating violence, sexual assault and stalking. To learn more, visit www.justice.gov/ovw.
Morgantown man sentenced for unlawful possession of a firearmRead the Press Release
CLARKSBURG, WEST VIRGINIA – Michael Sheriff Scott, 35, of Morgantown, West Virginia, was sentenced today to 77 months in prison for unlawful possession of a firearm, United States Attorney William J. Ihlenfeld, II, announced.
As a result of two previous felony convictions in Maryland for concealing a dangerous weapon and drug trafficking, Scott is prohibited from possessing firearms. He was discovered in unlawful possession of a firearm in November 2014 in Monongalia County, West Virginia. He pled guilty in May 2015 to one count of “Felon in Possession of Firearm.”
Assistant U.S. Attorney Zelda Wesley prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
U.S. District Judge Irene M. Keeley presided.
Modesto Man Pleads Guilty in Two Mortgage Fraud SchemesRead the Press Release
FRESNO, Calif. -- Tony Huy Havens, 42, of Modesto, pleaded guilty today to mail fraud and wire fraud in two mortgage fraud schemes, United States Attorney Benjamin B. Wagner announced.
According to court documents, in the first scheme Havens devised an “advance fee” scheme that targeted victims in at least eight states who were seeking multimillion dollar loans for large construction projects that were in danger of foreclosure. Havens provided the victims with fraudulent documents that showed a third-party lender was prepared to make a loan to the victim. On Havens' instructions, the victims wired money into a bank account controlled by Havens to pay in advance certain costs associated with the loans. No loans were ever made. In total, Havens represented that he could arrange at least $1.1 billion in financing for at least 15 victim borrowers and collected at least $248,750 by wire transfers from them.
According to court documents, in the second scheme Havens arranged to purchase a single-family residence in Modesto using two relatives as straw buyers. He obtained a loan in the name of the straw buyers that exceeded the actual selling price of the property and arranged to have a portion of the purchase price sent back to him, which he used as the down payment for the purchase.
These cases are the product of investigations by the Federal Bureau of Investigation, the Stanislaus County District Attorney's Office, and the Federal Housing Finance Agency, Office of Inspector General. Assistant United States Attorneys Mark J. McKeon and Mia Giacomazzi are prosecuting the cases.
Havens is scheduled to be sentenced by United States District Judge Lawrence J. O'Neill on January 11, 2016. Havens faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Man Hired to Drive 15 Pounds of Heroin to Kansas City Sentenced to 46 Months in Federal PrisonRead the Press Release
KANSAS CITY, KAN. - A California man who was arrested in Kansas with 15 pounds of heroin was sentenced Monday to 46 months in federal prison, U.S. Attorney Barry Grissom said.
Juan Carlos Ahumada, 21, San Fernando, Calif., pleaded guilty to one count of possession with intent to distribute heroin. In his plea, he admitted he was hired to drive a load of heroin from California to Kansas City. On June 25, 2014, a Kansas Highway Patrol trooper stopped Ahumada on eastbound Interstate 70 in Wabaunsee County, Kan. Investigators discovered a hidden compartment in the cowl of the vehicle where approximately 15 pounds of heroin was concealed.
Grissom commended the Kansas Highway Patrol, the Drug Enforcement Administration and Assistant U.S. Attorney Duston Slinkard for their work on the case.
MGH to Pay $2.3 Million to Resolve Drug Diversion AllegationsRead the Press Release
BOSTON – In the largest settlement of its kind involving allegations of drug diversion at a hospital, Massachusetts General Hospital (MGH) has agreed to pay the United States $2.3 million to resolve allegations that lax controls enabled MGH employees to divert controlled substances for personal use. In conjunction with this record monetary settlement, MGH has agreed to implement a comprehensive corrective action plan to prevent, identify, and address future diversions.
“Under the law, hospitals like MGH have a special responsibility to ensure that controlled substances are used for patient care and are not diverted for non-medical uses,” said U.S. Attorney Carmen M. Ortiz. “Diversion of these drugs feeds addiction, contributes to potential illegal drug sales, and fuels the opioid epidemic that has had a devastating effect on the Commonwealth. We commend MGH for disclosing and addressing its diversion problems and for taking steps to ameliorate future diversion by hospital personnel.”
“The DEA is committed to investigating hospitals that are not in compliance with the Controlled Substances Act (CSA),” said Special Agent in Charge Michael J. Ferguson. “Failure to do so increases the potential for diversion and jeopardizes the public health and safety. The diversion of prescription pain killers, in this case oxycodone, contributes to the widespread abuse of opiates, is the gateway to heroin addiction, and is devastating our communities. DEA pledges to work with our law enforcement and regulatory partners throughout the Commonwealth and nationwide to ensure that these rules and regulations are followed.”
In 2013, an investigation was launched after MGH disclosed to the Drug Enforcement Administration (DEA) that two of its nurses had stolen large volumes of controlled substances (prescription medications) from the hospital. Altogether, the two nurses stole nearly 16,000 pills, mostly oxycodone, an addictive painkiller. Both nurses stole from automated dispensing machines that MGH used to store and dispense prescription medications. DEA’s ensuing audit of MGH’s controlled substances revealed pill count discrepancies totaling over 20,000, missing or incomplete medication inventories, and hundreds of missing drug records, all in violation of the hospital’s responsibilities under the Controlled Substances Act (CSA).
MGH cooperated with the DEA’s investigation and subsequently disclosed additional violations of the CSA. Specifically, MGH disclosed that a pediatric nurse with a 12-year substance abuse problem had injected himself with Dilaudid at work; a physician had prescribed controlled substances for patients without seeing them and without maintaining medical records; several nurses were able to divert prescription drugs for many years without being detected; and medical staff had failed to properly secure controlled substances, even, on occasion, bringing them to lunch.
Since the investigation began, MGH has worked cooperatively with the DEA and the U.S. Attorney’s Office to develop a detailed corrective action plan to address the identified deficiencies in MGH’s handling of controlled substances. Components of the plan include the establishment of an internal drug diversion team; the creation of a full-time drug diversion compliance officer position; mandatory training of all staff with access to controlled substances, including on how to identify the signs and symptoms of substance abuse; enhanced diversion monitoring by supervisors and management; annual external audits to ensure compliance with the CSA; and increased physical controls of controlled substances, including limiting and monitoring access to automated dispensing machines through fingerprint identification.
U.S. Attorney Ortiz and DEA SAC Ferguson made the announcement today. The case was handled by Assistant U.S. Attorneys Jessica Driscoll and Christine Wichers of Ortiz’s Civil Division.
A copy of the settlement agreement, which includes a detailed addendum with the United States’ statement of relevant conduct and MGH’s corrective action plan, is attached below.
Long Beach Man Sentenced to 6 Years & 4 Months in Prison for Trafficking Oxycodone and HydrocodoneRead the Press Release
FRESNO, Calif. —Sarith Chim, 34, of Long Beach, was sentenced today to six years and four months in prison by U.S. District Judge Anthony W. Ishii for conspiring to distribute oxycodone and hydrocodone pills, United States Attorney Benjamin B. Wagner announced.
According to court documents, in April 11, 2013, Chim and his co-defendants were indicted for a scheme where the defendants obtained prescriptions for oxycodone and hydrocodone from a doctor in Visalia, filled those prescriptions at pharmacies in Modesto, and then transported and mailed the pills to others involved in the conspiracy in Washington state for distribution on the black market. After illegally selling the pills, the defendants deposited the cash proceeds of the sales into bank accounts held by Chim and co‑defendants in California from which the funds were then withdrawn by Chim. Deposits and withdrawals were made in amounts of $10,000 or less to prevent Currency Transactions Reports from being filed by the banks on their cash deposits. Banks are required to file these reports on transactions greater than $10,000, and the reports are filed with the Department of the Treasury and are made available to law enforcement.
Co-defendants in this case were sentenced as follows:
David Ruem, 10 years in prison;
Phary Chim, four years and three months in prison;
Sdey Chim, four years in prison;
Chanrath Yath, three years and four months in prison;
Chanrou Yath, three years in prison;
Phally Thach, 2.5 years in prison;
Raeb Chou, two years in prison;
Loc Huu Chau, one year in prison;
Cindy Doeum, three years of probation; and
Chantha Chim, three years of probation.
In addition, the doctor responsible for writing the prescriptions to the defendants in this case, Terrell Brown, 63, was sentenced to by United States District Judge Lawrence J. O’Neill to four years and nine months in prison for illegally distributing oxycodone and structuring financial transactions. He is currently in federal custody.
One remaining defendant, Say Eng, the mother of Sarith Chim, is scheduled for trial on March 29, 2016. The charges against her are only allegations; she is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is being brought as part of Operation Footprint, a nationwide law enforcement initiative led by the U.S. Attorney’s Offices, the Internal Revenue Service- Criminal Investigation, the Drug Enforcement Administration, and the United States Postal Inspection Service. Operation Footprint targets large drug trafficking organizations by identifying the transfer of drug proceeds through financial institutions, bulk cash smuggling and other forms of money transfers. Operation Footprint is focused on bringing criminal charges based on Bank Secrecy Act violations in addition to violations of the Controlled Substances Act and the Money Laundering Control Act.
This case is also the product of the Organized Crime Drug Enforcement Task Force (OCDETF), a focused multi-agency, multi-jurisdictional task force investigating and prosecuting the most significant drug trafficking organizations throughout the United States by leveraging the combined expertise of federal, state and local law enforcement agencies. Assistant U.S. Attorney Grant B. Rabenn is prosecuting the case.
Leader of Sex Trafficking Ring Sentenced to over Nine Years in Prison for Interstate Prostitution EnterpriseRead the Press Release
The leader of a sex trafficking ring was sentenced today to 115 months in prison for operating an interstate prostitution enterprise.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney J. Walter Green of the Middle District of Louisiana and Special Agent in Charge Michael J. Anderson of the FBI’s New Orleans Division made the announcement.
Jeremie J. Tate, 34, of Zachary, Louisiana, pleaded guilty on April 8, 2015, to conspiracy to unlawfully use interstate facilities in aid of racketeering, two counts of use of interstate facilities in aid of racketeering and enticing another to travel interstate for prostitution. Tate was sentenced by U.S. District Judge Shelly D. Dick of the Middle District of Louisiana.
In connection with his plea, Tate admitted that, from November 2012 through November 2013, he operated a prostitution business based in Baton Rouge involving at least one minor. Tate admitted that he personally recruited prostitutes and advertised for and scheduled prostitution sessions. Tate further admitted that he used proceeds from the enterprise to purchase controlled substances, which he distributed to the prostitutes and others to manipulate and intimidate them.
To date, three others already have pleaded guilty and have been sentenced for their roles in this sex trafficking ring.
The case is being investigated by the was investigated by the FBI’s Baton Rouge Crimes Against Children Task Force, Louisiana Attorney General’s Office, Louisiana State Police and East Baton Rouge, Louisiana, Sheriff’s Office, with assistance from the Baton Rouge, Louisiana, Police Department’s Narcotics Division, U.S. Marshals Service Fugitive Task Force and other law enforcement agencies.
The case is being prosecuted by Trial Attorney Reginald E. Jones of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Jamie A. Flowers Jr. of the Middle District of Louisiana.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Leader of Sex Trafficking Ring Sentenced to 115 Months in Prison for Interstate Prostitution EnterpriseRead the Press Release
BATON ROUGE – The leader of a sex trafficking ring was sentenced today to serve one hundred fifteen (115) months in prison for operating an interstate prostitution enterprise.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney J. Walter Green of the Middle District of Louisiana and Special Agent-in-Charge Michael J. Anderson of the FBI’s New Orleans Division made the announcement.
Jeremie J. Tate, 34, of Zachary, Louisiana, pleaded guilty on April 8, 2015, to conspiracy to unlawfully use interstate facilities in aid of racketeering, two counts of use of interstate facilities in aid of racketeering, and enticing another to travel interstate for prostitution. Tate was sentenced this afternoon by U.S. District Judge Shelly D. Dick of the Middle District of Louisiana.
In connection with his plea, Tate admitted that, from November 2012 through November 2013, he operated a prostitution business based in Baton Rouge involving at least one minor. Tate admitted that he personally recruited prostitutes and advertised for and scheduled prostitution sessions. Tate further admitted that he used proceeds from the enterprise to purchase controlled substances, which he distributed to the prostitutes and others to manipulate and intimidate them.
Three others already have pleaded guilty and have been sentenced for their roles in this sex trafficking ring.
The case is being investigated by the FBI’s Baton Rouge Crimes Against Children Task Force, the Louisiana Attorney General’s Office, the Louisiana State Police, and the East Baton Rouge, Louisiana, Sheriff’s Office, with assistance from the Baton Rouge Police Department’s Narcotics Division, the U.S. Marshals Service Fugitive Task Force, and other law enforcement agencies.
The case is being prosecuted by Trial Attorney Reginald E. Jones of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Jamie A. Flowers Jr. of the Middle District of Louisiana.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.projectsafechildhood.gov/.
Launch of Strong Cities Network to Strengthen Community Resilience Against Violent ExtremismRead the Press Release
Cities are vital partners in international efforts to build social cohesion and resilience to violent extremism. Local communities and authorities are the most credible and persuasive voices to challenge violent extremism in all of its forms and manifestations in their local contexts. While many cities and local authorities are developing innovative responses to address this challenge, no systematic efforts are in place to share experiences, pool resources and build a community of cities to inspire local action on a global scale.
“The Strong Cities Network will serve as a vital tool to strengthen capacity-building and improve collaboration,” said Attorney General Loretta E. Lynch. “As we continue to counter a range of domestic and global terror threats, this innovative platform will enable cities to learn from one another, to develop best practices and to build social cohesion and community resilience here at home and around the world.”
The Strong Cities Network (SCN) – which launches September 29th at the United Nations – will empower municipal bodies to fill this gap while working with civil society and safeguarding the rights of local citizens and communities.
The SCN will strengthen strategic planning and practices to address violent extremism in all its forms by fostering collaboration among cities, municipalities and other sub-national authorities.
“To counter violent extremism we need determined action at all levels of governance,” said Governing Mayor Stian Berger Røsland of Oslo while commenting on their participation in the SCN. “To succeed, we must coordinate our efforts and cooperate across borders. The Strong Cities Network will enable cities across the globe pool our resources, knowledge and best practices together and thus leave us standing stronger in the fight against one of the greatest threats to modern society.”
The SCN will connect cities, city-level practitioners and the communities they represent through a series of workshops, trainings and sustained city partnerships. Network participants will also contribute to and benefit from an online repository of municipal-level good practices and web-based training modules and will be eligible for grants supporting innovative, local initiatives and strategies that will contribute to building social cohesion and resilience to violent extremism.
The SCN will include an International Steering Committee of approximately 25 cities and other sub-national entities from different regions that will provide the SCN with its strategic direction. The SCN will also convene an International Advisory Board, which includes representatives from relevant city-focused networks, to help ensure SCN builds upon their work. It will be run by the Institute for Strategic Dialogue (ISD), a leading international “think-and-do” tank with a long-standing track record of working to prevent violent extremism:
“The SCN provides a unique new opportunity to apply our collective lessons in preventing violent extremism in support of local communities and authorities around the world”, said CEO Sasha Havlicek of ISD. “We look forward to developing this international platform for joint innovation to impact this pressing challenge.”
“It is with great conviction that Montréal has agreed to join the Strong Cities Network founders,” said the Honorable Mayor Denis Coderre of Montreal. “This global network is designed to build on community-based approaches to address violent extremism, promote openness and vigilance and expand upon local initiatives like Montréal’s Mayors’ International Observatory on Living Together. I am delighted that through the Strong Cities Network, the City of Montréal will more actively share information and best practices with a global network of leaders on critical issues facing our communities.”
The Strong Cities Network will launch on Sept. 29, from 4:00 p.m. to 5:30 p.m. EDT, following the Leaders’ Summit on Countering ISIL and Violent Extremism. Welcoming remarks will be offered by the United Nations High Commissioner for Human Rights, Prince Zeid Ra’ad Al Hussein and Mayor Bill de Blasio of New York City, who will also introduce a Keynote address by U.S. Attorney General Lynch. Following this event, the Strong Cities International Steering Committee, consisting of approximately 25 mayors and other leaders from cities and other sub-national entities from around the globe, will hold its inaugural meeting on Sept. 30, 2015, from 9:00 a.m. to 4:00 p.m. EDT.
For more information, please visit www.strongcitiesnetwork.org or contact Sabine Barton via email at: [email protected] or telephone: +44 207 493 9333.
Last Defendant Sentenced in Major Maritime Marijuana Smuggling CaseRead the Press Release
Special Assistant U. S. Attorney Emily Reuter (619) 546-9706
NEWS RELEASE SUMMARY – September 28, 2015
SAN DIEGO – The last of four defendants was sentenced in federal court today to 37 months in custody for smuggling more than 11,600 pounds of marijuana on two panga boats traveling together in international waters approximately 115 nautical miles southwest of Ensenada, Mexico.
This is the largest marijuana interdiction by the U.S. Coast Guard off the California coast since 2011.
Armando Rodriguez-Ramirez was sentenced by U.S. District Judge Marilyn L. Huff. The defendant pleaded guilty on January 15, 2015 to Conspiracy to Import Marijuana Intended for Importation. Defendants Reyes Rodriguez-Gomez, Jose Transito Rangel-Luna and Francisco Antonio Castro-Aviles previously entered guilty pleas to the same crime and were sentenced to 78, 30 and 21 months, respectively.
“We aren’t going to let our oceans become a freeway for drug traffickers,” said U.S. Attorney Laura Duffy. “Smugglers might think the vast Pacific is a good place to be invisible, but these defendants know otherwise.”
According to the complaint, the four defendants were arrested on July 29, 2014, after their two drug smuggling vessels were spotted by a Coast Guard aircrew from Air Station Sacramento, California. The Coast Guard Cutter Stratton from Alameda, California, and Cutter Petrel from San Diego, were patrolling in the area and launched pursuit boats to intercept the vessels. The defendants abandoned an approximately 55-foot vessel laden with marijuana and fled in a 35-foot panga.
The Coast Guardsmen chased the defendants for approximately two hours before they stopped the fleeing vessel by shouldering it, thus allowing a Coast Guard boarding team to take the defendants into custody. The drug-laden panga as well as floating bales of marijuana were also recovered by the Coast Guard. The Coast Guard Cutter Haddock from San Diego also participated in the interdiction.
The crew of the Cutter Petrel turned the four defendants over to agents from Homeland Security Investigations who investigated the crime, according to the complaint.
“The success of prosecutors, investigators and Coast Guardsmen in this case highlights our whole-of-government campaign to combat the threats posed by violent transnational organized crime networks, which erode stability, security and prosperity in the Western Hemisphere,” said Vice Adm. Charles Ray, commander, Coast Guard Pacific Area. “Together we stand ready to target, attack and disrupt criminal networks using all of the authorities, capabilities, competencies and partnerships our Nation has to offer, both at home and abroad.”
“Homeland Security Investigations is committed to combating the threat of transnational criminal organizations and their illicit smuggling activity whether it be by land, air or sea,” said Mike Carney, deputy special agent in charge for ICE Homeland Security Investigations in San Diego. “In this smuggling event the San Diego Maritime Task Force, comprised of investigators from HSI, U.S. Border Patrol, San Diego Sheriff’s Department, San Diego Harbor Police and the Coast Guard Investigative Service, put together a strong case building upon the great work of the crew of the U.S. Coast Guard Cutter Stratton.”
In his plea agreement, Rodriguez-Ramirez admitted that the larger of the two pangas was loaded with about 5,305 kilograms of marijuana and that he and fellow crew members were helping transport it to the U.S. for distribution.
The Coast Guard and its interagency partners have seized more than 30,000 pounds of marijuana off the California coast in Fiscal Year 2015, which runs from Oct. 1, 2014, to Sept. 30, 2015. In Fiscal Year 2014, Coast Guardsmen seized more than 121,000 pounds of marijuana worth over $110 million. Coast Guard officials attribute the increased law enforcement presence in the California Coastal Region, through interagency operations, with the drop in maritime smuggling efforts.
Armando Rodriguez-Ramirez was sentenced by U.S. District Judge Marilyn L. Huff.
DEFENDANT Case Number: 14CR2415-H
Armando Rodriguez-Ramirez Age 24 Mazatlán, Mexico
Other Defendants:
Reyes Rodriguez-Gomez Age 46 Mazatlán, Mexico
Jose Transito Rangel-Luna Age 49 Mazatlán, Mexico
Francisco Antonio Castro-Aviles Age 25 San Quintin, Mexico
SUMMARY OF CHARGE
Conspiracy to Import Marijuana Intended for Importation, in violation of Title 21, United States Code, Sections 959, 960, and 963
Maximum penalty: Life in prison, $10 million fine, $100 special assessment, and a term of supervised release of at least 5 years.
AGENCIES
U.S. Coast Guard
Homeland Security Investigations
Video from the Bust -
https://www.dvidshub.net/video/425675/coast-guardsmen-interdict-11000-pounds-marijuana
Photos from the offload -
https://www.dvidshub.net/image/1476095/coast-guard-cutter-stratton-offloads-seized-marijuana
Video from the Offload -
https://www.dvidshub.net/video/353064/coast-guard-cutter-stratton-offloads-12000-pounds-seized-marijuana
Laser Attack on Sheriff’s Helicopter Nets Prison Term for Bakersfield ManRead the Press Release
FRESNO, Calif. — Barry Lee Bowser Jr., 52, of Bakersfield, was sentenced today to 21 months in prison for shining a powerful green laser at the pilot of a Kern County Sheriff’s helicopter, United States Attorney Benjamin B. Wagner announced.
In June, a federal jury found Bowser guilty of aiming the beam of a laser at Air-1, a Kern County Sheriff’s helicopter that was providing support to ground units responding to a man armed with a gun. At trial, the evidence established that the mission was diverted when the pilot of Air-1 was struck by direct hits from a powerful green laser that illuminated the cockpit and tracked the aircraft near the approach path to Meadows Field Airport. The laser strikes caused the pilot to experience flash blindness, eye discomfort, and pain that lasted several hours.
In imposing sentence, U.S. District Judge Lawrence J. O’Neill found that Bowser had obstructed justice before trial by concealing the laser and providing false statements to law enforcement and at trial through his false testimony about the offense.
The federal statute used to charge Bowser is part of legislation signed into law in 2012 by President Obama that makes it a federal crime to knowingly aim the beam of a laser pointer at an aircraft or its flight path. Reports of laser attacks have increased dramatically in recent years as powerful laser devices have become more affordable and widely available to the public. In 2014, the Federal Aviation Administration (FAA) received 3,894 reports of incidents involving laser strikes on aircraft. In the Eastern District of California, which encompasses 34 counties in the eastern portion of California, there were 150 reported laser incidents, with Bakersfield and Fresno leading in the number of reported incidents. Lasers can cause visual interference even at great distances and can completely incapacitate pilots who are trying to fly safely to their destination. Laser strikes pose a serious threat to air safety, endangering crew members, passengers and people on the ground.
The case against Bowser was investigated by the Federal Bureau of Investigation, the Kern County Sheriff’s Office, and the Bakersfield Police Department. Assistant U.S. Attorney Karen Escobar and Special Assistant U.S. Attorney Bayleigh Pettigrew prosecuted the case.
Lancaster Man Sentenced to Nearly Seven Years in Prison for Defrauding State’s Unemployment Insurance System and Tax FraudRead the Press Release
LOS ANGELES – A Lancaster man was sentenced today to 80 months in federal prison on fraud charges related to a scheme to defraud the state’s unemployment insurance program and a related scheme to obtain fraudulent federal tax refunds.
Carl Artis, 55, was sentenced by United States District Judge George Wu, who also ordered the defendant to pay $598,000 in restitution.
Artis pleaded guilty in February to one count of mail fraud and one count of making false claims against the United States government.
According to the plea agreement filed in the case, from at least August 2010 through August 2014, Artis operated a scheme to defraud the California Employment Development Department (EDD) of unemployment insurance benefits. To execute the scheme, Artis registered fictitious companies with the EDD, submitted false wage information for individuals whom he falsely claimed worked for these companies, and then fraudulently applied for and obtained unemployment insurance benefits in the names of these individuals.
In addition, from at least April 2011 until July 2013, Artis engaged in a scheme to defraud the Internal Revenue Service by submitting fraudulent tax returns that sought tax refunds. In the tax fraud scheme, Artis used the identities of many of the same individuals and businesses used in the EDD scheme.
Artis, who had served time in the California state prison system, used names of other prisoners to file the false claims with the EDD and the IRS.
“Today’s sentencing highlights that EDD has zero tolerance for fraud against the Unemployment Insurance Program,” said EDD Director Patrick W. Henning Jr. “I applaud EDD’s Investigation Division, the U.S. Attorney, and our other law enforcement partners for protecting taxpayers, businesses and unemployed Californians.”
The case against Artis is the result of an investigation by the California Employment Development Department, the United States Department of Labor – Office of Inspector General, and IRS - Criminal Investigation.
“Today's sentencing sends a powerful message that combating unemployment insurance fraud remains a high priority for the Office of Inspector General,” stated Abel Salinas, Special Agent-in-Charge, U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations in Los Angeles. “We will continue to work with our law enforcement partners to safeguard unemployment insurance benefits from illicit enrichment schemes and conspiracies carried out against Department of Labor programs."
Ketchikan Residents Sentenced to Prison for Trafficking Methamphetamine and HeroinRead the Press Release
Anchorage, Alaska-U.S. Attorney Karen L. Loeffler announced today that two Ketchikan residents were sentenced in federal court in Juneau for trafficking methamphetamine and heroin.
Robert Duane Moriarty, 36, and Sara Skan, 35, of Ketchikan, Alaska, were sentenced today in Juneau by U.S. District Court Judge Timothy M. Burgess. Moriarity received a sentence of 60 months of imprisonment followed by a five year term of supervised release, and Skan received 18 months of imprisonment followed by a three year term of supervised release. On July 21, 2015, Moriarty and Skan pled guilty to a drug trafficking conspiracy charge involving methamphetamine and heroin.
According to Assistant U.S. Attorney Jack Schmidt, beginning in September 2014, Moriarty and Skan began trafficking methamphetamine and heroin in Ketchikan. During the course of the conspiracy, the defendants travelled to the Lower 48 with drug proceeds to purchase narcotics and transport those narcotics on their person back to Ketchikan for subsequent distribution. Based on a tip, law enforcement was notified that on January 25, 2015, Moriarty and Skan were scheduled to fly to Seattle, Washington, with drug proceeds to purchase narcotics. On January 27, 2015, Moriarty and Skan were both contacted upon arriving back at the Ketchikan airport where they were searched pursuant to a search warrant. During the search, law enforcement found approximately 141 grams of methamphetamine, 121 grams of heroin, and drug proceeds. Law enforcement seized a total of $1,009 in U.S. currency that was obtained from the sale of narcotics and subsequently abandoned to the United States as part of the defendants’ pleas.
In sentencing Moriarty and Skan, Judge Burgess noted the seriousness of the crime, the extraordinary impact drug trafficking has in a small community, the criminal histories of the defendants, and the deterrence of the defendants and others as the reasons for the sentences he imposed.
Ms. Loeffler commends the Drug Enforcement Administration, Ketchikan Police Department, and the Port of Seattle Police Department who conducted the investigation leading to the successful prosecution in this case.
Justice Department and Consumer Financial Protection Bureau Reach Settlement to Resolve Allegations of Auto Lending Discrimination by Fifth Third BankRead the Press Release
WASHINGTON – The Department of Justice and the Consumer Financial Protection Bureau (CFPB) today announced an $18 million settlement to resolve allegations that Fifth Third Bank (Fifth Third) engaged in a pattern or practice of discrimination against African-American and Hispanic borrowers in its indirect auto lending business.
The settlement, which is subject to court approval, includes compensation for African-American and Hispanic borrowers who were overcharged, and requires changes to the way that Fifth Third prices automobile loans. Specifically, Fifth Third has agreed to change the way it prices its loans by limiting dealer markup to 125 basis points, or 1.25 percent, for loans of 60 months or less, and to 100 basis points, or one percent, for loans greater than 60 months.
“We commend Fifth Third for its commitment to treating all of its customers fairly without regard to race or national origin and its leadership in agreeing to impose lower caps on discretionary markups,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division. “This agreement shows that the indirect auto lending industry is moving toward a model of dealer compensation that fairly compensates dealers for their work related to loans, while limiting the dealer markup that leads to discriminatory pricing.”
“Consumers deserve a level playing field when they enter the marketplace, especially when financing an automobile,” said U.S. Attorney Carter M. Stewart of the Southern District of Ohio. “This settlement prevents discrimination in setting the price for auto loans.”
“We are committed to promoting fair and equal access to credit in the auto finance marketplace,” said CFPB Director Richard Cordray. “Fifth Third’s move to a new pricing and compensation system represents a significant step toward protecting consumers from discrimination."
The coordinated investigations by the department and the CFPB that preceded today’s settlement determined Fifth Third’s previous system of subjective and unguided pricing discretion directly resulted in the bank’s qualified African-American and Hispanic borrowers paying more than qualified non-Hispanic white borrowers. The department and CFPB anticipate that Fifth Third’s new caps on discretionary markups will substantially reduce or eliminate these disparities.
The investigation relates to what are called “indirect” auto loans, because, rather than taking applications directly from consumers, the bank makes most of its auto loans through car dealers nationwide who help their customers pay for their new or used car by submitting their loan application to Fifth Third. Fifth Third’s previous business practice, like that of many other major auto lenders, allowed car dealers discretion to mark up a loan’s interest rate from the price Fifth Third initially sets based on the borrower’s objective credit-related factors. Dealers received greater payments from Fifth Third for loans that included a higher interest rate markup.
The settlement resolves claims by the department and the CFPB that Fifth Third discriminated by charging thousands of African-American and Hispanic borrowers higher interest rates than non-Hispanic white borrowers. The agencies claim that Fifth Third charged borrowers higher interest rates because of their race or national origin and not because of the borrowers’ creditworthiness or other objective criteria related to borrower risk. The United States’ complaint alleges that the average African-American victim was obligated to pay over $200 more during the term of the loan because of discrimination and the average Hispanic victim was also obligated to pay over $200 more during the term of the loan because of discrimination. The Equal Credit Opportunity Act (ECOA) prohibits such discrimination in all forms of lending, including auto lending. Fifth Third’s settlement with the Department of Justice, which is subject to court approval, was filed today in the U.S. District Court for the Southern District of Ohio in conjunction with the Department of Justice’s complaint. Fifth Third resolved the CFPB’s claims by entering into a public administrative settlement.
The settlement also requires Fifth Third to improve its monitoring and compliance systems. The settlement allows the lender to experiment with different approaches toward lessening discrimination and requires it to regularly report to the department and the CFPB on the results of its efforts as well as discuss potential ways to improve results. The department commends Fifth Third for working cooperatively to reach an appropriate resolution of this case.
The settlement provides for an administrator to locate victims and distribute payments of compensation at no cost to borrowers whom the department and the CFPB identify as victims of Fifth Third’s discrimination. The department and the CFPB will make a public announcement and post information on their websites once more details about the compensation process become available. Borrowers who are eligible for compensation from the settlement will be contacted by the administrator, and do not need to contact the department or the CFPB at this time.
The Civil Rights Division, the U.S. Attorney’s Office for the Southern District of Ohio and the CFPB are members of the Financial Fraud Enforcement Task Force. President Obama established that interagency task force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general and state and local law enforcement who, working together, bring a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets and recover proceeds for victims of financial crimes. For more information on the task force, visit www.StopFraud.gov.
The Justice Department’s enforcement of fair lending laws and the Servicemembers Civil Relief Act is conducted by the Housing and Civil Enforcement Section in the Civil Rights Division. Since 2010, the Civil Rights Division has provided approximately $1.3 billion in monetary relief for individual borrowers and impacted communities through its enforcement of the Fair Housing Act, ECOA and the SCRA. The Attorney General’s annual reports to Congress on ECOA enforcement highlight the department’s accomplishments in fair lending and are available at www.justice.gov/crt/publications/.
Justice Department and Consumer Financial Protection Bureau Reach Settlement to Resolve Allegations of Auto Lending Discrimination by Fifth Third BankRead the Press Release
The Department of Justice and the Consumer Financial Protection Bureau (CFPB) today announced an $18 million settlement to resolve allegations that Fifth Third Bank (Fifth Third) engaged in a pattern or practice of discrimination against African-American and Hispanic borrowers in its indirect auto lending business.
The settlement, which is subject to court approval, includes compensation for African-American and Hispanic borrowers who were overcharged, and requires changes to the way that Fifth Third prices automobile loans. Specifically, Fifth Third has agreed to change the way it prices its loans by limiting dealer markup to 125 basis points, or 1.25 percent, for loans of 60 months or less, and to 100 basis points, or one percent, for loans greater than 60 months.
“We commend Fifth Third for its commitment to treating all of its customers fairly without regard to race or national origin and its leadership in agreeing to impose lower caps on discretionary markups,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division. “This agreement shows that the indirect auto lending industry is moving toward a model of dealer compensation that fairly compensates dealers for their work related to loans, while limiting the dealer markup that leads to discriminatory pricing.”
“Consumers deserve a level playing field when they enter the marketplace, especially when financing an automobile,” said U.S. Attorney Carter M. Stewart of the Southern District of Ohio. “This settlement prevents discrimination in setting the price for auto loans.”
“We are committed to promoting fair and equal access to credit in the auto finance marketplace,” said CFPB Director Richard Cordray. “Fifth Third’s move to a new pricing and compensation system represents a significant step toward protecting consumers from discrimination."
The coordinated investigations by the department and the CFPB that preceded today’s settlement determined Fifth Third’s previous system of subjective and unguided pricing discretion directly resulted in the bank’s qualified African-American and Hispanic borrowers paying more than qualified non-Hispanic white borrowers. The department and CFPB anticipate that Fifth Third’s new caps on discretionary markups will substantially reduce or eliminate these disparities.
The investigation relates to what are called “indirect” auto loans, because, rather than taking applications directly from consumers, the bank makes most of its auto loans through car dealers nationwide who help their customers pay for their new or used car by submitting their loan application to Fifth Third. Fifth Third’s previous business practice, like that of many other major auto lenders, allowed car dealers discretion to mark up a loan’s interest rate from the price Fifth Third initially sets based on the borrower’s objective credit-related factors. Dealers received greater payments from Fifth Third for loans that included a higher interest rate markup.
The settlement resolves claims by the department and the CFPB that Fifth Third discriminated by charging thousands of African-American and Hispanic borrowers higher interest rates than non-Hispanic white borrowers. The agencies claim that Fifth Third charged borrowers higher interest rates because of their race or national origin and not because of the borrowers’ creditworthiness or other objective criteria related to borrower risk. The United States’ complaint alleges that the average African-American victim was obligated to pay over $200 more during the term of the loan because of discrimination and the average Hispanic victim was also obligated to pay over $200 more during the term of the loan because of discrimination. The Equal Credit Opportunity Act (ECOA) prohibits such discrimination in all forms of lending, including auto lending. Fifth Third’s settlement with the Department of Justice, which is subject to court approval, was filed today in the U.S. District Court for the Southern District of Ohio in conjunction with the Department of Justice’s complaint. Fifth Third resolved the CFPB’s claims by entering into a public administrative settlement.
The settlement also requires Fifth Third to improve its monitoring and compliance systems. The settlement allows the lender to experiment with different approaches toward lessening discrimination and requires it to regularly report to the department and the CFPB on the results of its efforts as well as discuss potential ways to improve results. The department commends Fifth Third for working cooperatively to reach an appropriate resolution of this case.
The settlement provides for an administrator to locate victims and distribute payments of compensation at no cost to borrowers whom the department and the CFPB identify as victims of Fifth Third’s discrimination. The department and the CFPB will make a public announcement and post information on their websites once more details about the compensation process become available. Borrowers who are eligible for compensation from the settlement will be contacted by the administrator, and do not need to contact the department or the CFPB at this time.
The Civil Rights Division, the U.S. Attorney’s Office for the Southern District of Ohio and the CFPB are members of the Financial Fraud Enforcement Task Force. President Obama established that interagency task force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general and state and local law enforcement who, working together, bring a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets and recover proceeds for victims of financial crimes. For more information on the task force, visit www.StopFraud.gov.
The Justice Department’s enforcement of fair lending laws and the Servicemembers Civil Relief Act is conducted by the Housing and Civil Enforcement Section in the Civil Rights Division. Since 2010, the Civil Rights Division has provided approximately $1.3 billion in monetary relief for individual borrowers and impacted communities through its enforcement of the Fair Housing Act, ECOA and the SCRA. The Attorney General’s annual reports to Congress on ECOA enforcement highlight the department’s accomplishments in fair lending and are available at www.justice.gov/crt/publications/.
Justice Department Reaches Agreement with San Juan County, New Mexico, to Improve AccessibilityRead the Press Release
The Justice Department today announced a settlement agreement with San Juan County, New Mexico, to improve access to all aspects of civic life for persons with disabilities. The agreement was reached under Project Civic Access (PCA), the department’s wide-ranging initiative to ensure that cities, towns and counties throughout the country comply with the Americans with Disabilities Act (ADA). In July 2015, the department celebrated the 25th anniversary of the ADA and the department’s PCA initiative has now resulted in over 200 agreements with cities, town and counties. Today’s agreement will enhance access to all aspects of civic life for persons with disabilities in San Juan County.
The department’s PCA agreement with San Juan County requires the county to make physical modifications to county facilities to ensure that its parking, routes into buildings, entrances, public telephones, restrooms, service counters and drinking fountains are accessible to persons with disabilities. San Juan County also agreed post, publish and distribute a notice on the provisions of the ADA and its applicability to the county’s programs, services and activities as well as provide information to interested persons with disabilities concerning the existence and location of the county’s accessible services, activities and programs. Further, the county will also establish, implement, and post online a policy that the county’s web pages must be accessible and ensure that all of its new and modified pages are accessible. Notably, this agreement also requires the county to ensure that the county’s official website and other web-based services conform to industry guidelines – the Web Content Accessibility Guidelines (WCAG) 2.0 – for making web content accessible.
“This summer we celebrated the 25th anniversary of the ADA and reflected on the great strides we all have made in making the country more accessible to persons with disabilities,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division. “As we move into the next quarter century of civil rights for persons with disabilities, we know that there is still much to be done. This agreement is one of many examples of the efforts the division is making with state and local government to ensure that their citizens with disabilities attain equal access to all of their programs, activities and services.”
For more information about the ADA, today’s agreement, the Project Civic Access initiative, individuals may access the ADA Web page at http://www.ada.gov/civicac.htm or call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY).
Justice Department Reaches Agreement with Galveston County, Texas, to Improve Accessibility of Services and ProgramsRead the Press Release
The Justice Department today announced a settlement agreement with Galveston County, Texas. The agreement was reached under Project Civic Access (PCA), the department’s wide-ranging initiative to ensure that cities, towns and counties throughout the country comply with the Americans with Disabilities Act (ADA). In July 2015, the department celebrated the 25th anniversary of the ADA and the department’s PCA initiative has now resulted in over 200 agreements with cities, town and counties. Today’s agreement will enhance access to all aspects of civic life for persons with disabilities in Galveston County.
The department’s PCA agreement with Galveston County requires the county to make physical modifications to county facilities to ensure that its parking, routes into buildings, entrances and public restrooms are accessible to persons with disabilities. Galveston County also agreed to provide effective communication for individuals who have hearing or visual disabilities; ensure that its emergency management procedures and policies include provisions for the evacuation of persons with disabilities; and, ensure that its emergency shelters are accessible to persons with disabilities. Notably, this agreement also requires the county to ensure that the county’s official website and other web-based services conform to industry guidelines – the Web Content Accessibility Guidelines (WCAG) 2.0 – for making web content accessible.
“This settlement reflects how much the law impacts the everyday lives of residents with disabilities,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division. “Through Project Civic Access, the Justice Department has worked to ensure that all Galveston County residents and visitors with disabilities have the same access to parks, community centers, museums, libraries and county government buildings, programs, services and activities in these communities.”
“We are committed to ensuring accessibility under the ADA throughout this district,” said U.S. Attorney Kenneth Magidson of the Southern District of Texas. “Our attorneys will continue to work with our local communities and businesses to ensure compliance.”
As we continue to celebrate the achievements towards ensuring equal access for persons with disabilities in the 25 years since the passage of the ADA, the department’s PCA initiative highlights the nation’s progress towards ensuring that persons with disabilities can enjoy equal access to state and local governments.
Today’s agreement was reached under Title II of the ADA, which prohibits discrimination against individuals with disabilities by state and local governments. The agreement with Galveston County requires all actions to be completed within three years. The department will actively monitor the county’s compliance with the agreement.
For more information about the ADA, today’s agreement or the Project Civic Access initiative, individuals may access the ADA Web page at http://www.ada.gov/civicac.htm or call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY).
Justice Department Expands Violence Reduction Network to Five New SitesRead the Press Release
Deputy Attorney General Sally Q. Yates and Assistant Attorney General Karol V. Mason of the Office of Justice Programs (OJP) today announced that five new cities will join the Violence Reduction Network (VRN), a comprehensive approach to reducing violent crime in communities around the country. The new partnering cities are Little Rock, Arkansas; West Memphis, Arkansas; Compton, California; Flint, Michigan and Newark, New Jersey. They join the inaugural sites of Detroit; Chicago; Camden, New Jersey; Wilmington, Delaware; and Oakland and Richmond, California.
“The Violence Reduction Network uses every tool in the Justice Department’s toolbox to help communities combat violent crime. And we deploy these resources in a targeted, strategic, data-driven way to get the most bang for our buck,” said Deputy Attorney General Sally Quillian Yates. “While we’re still early in this process with the five cities we announced last year, we’re encouraged by the progress we’ve made so far. And we’re looking forward to getting down to work in the five new cities we’re announcing today.”
Today’s announcement was made before an audience of U.S. Attorneys, police chiefs, sheriffs, mayors, local leaders from the ten sites and Department of Justice representatives at the second annual VRN Summit in Detroit. Through the VRN, the Justice Department enlists tactical and operational expertise available from the Bureau of Justice Assistance, the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the United States Marshals Service (USMS), the Drug Enforcement Administration (DEA), the Executive Office of the United States Attorneys, the Community Oriented Policing Services Office and the Office on Violence Against Women.
Deputy Attorney General Yates cited the progress reported by the current VRN sites in their first year. In Camden, for example, the FBI assisted the local police display wanted felons’ information on digital billboards, resulting in the arrest of two felons The ATF helped the Camden County Police Department acquire National Integrated Ballistic Information Network (NIBIN) equipment and training. NIBIN has allowed the county to initiate eTrace, an Internet-based firearms tracing and analysis tracking process to enhance criminal investigations.
In Chicago, police used closed-captioned television to post videos of sexual assault suspects on Facebook, leading to arrests. With the advice and technical support of the DOJ VRN partners, the Wilmington Police Department created a new homicide unit and the homicide clearance rate rose from less than 10 percent to more than 50 percent on current-year cases. Detroit started to use sophisticated data analysis techniques to identify warning signals for domestic violence homicides to prevent these crimes and in August 2015 coordinated with the FBI in using the Digital Billboards Initiative to feature a homicide suspect.
Oakland and Richmond, California strengthened their relationships with the DOJ law enforcement partners in significant ways. The ATF embedded three full-time ATF special agents in the Richmond Police Department to assist with commercial armed robberies, shootings, and homicides. A national USMS task force operation in Contra Costa County resulted in the apprehension of over 130 people, including 12 homicide suspects.
The Oakland Police Department (OPD) continues to focus on ways to use analytics to enhance their crime prevention and violence reduction efforts. They have received two training sessions in social network analysis through the VRN. OPD is planning to conduct a full group audit to extract “on the ground” intelligence of known offenders and gangs through focus-group style working sessions with law enforcement and community organizations and will use this intelligence to build and support their social network analysis. The Oakland Police Department also participated in Crime Analysis for Executive Training and is now revamping their crime analysis unit.
This past summer, the FBI, DEA, and USMS participated in the Richmond’s Safe City Summer: Crime Prevention Public Safety Fair, a collaborative effort at Richmond City Hall to combat recent increases in violence and interacted with over 4,000 community members on their agency’s federal law enforcement role in assisting the police department with crime prevention efforts.
The DEA, through their El Paso Intelligence Center (EPIC), is providing all the VRN sites with the opportunity to work collaboratively to enhance their investigations and operations that target criminal activities.
In addition to announcing the five new VRN sites, Deputy Attorney General Yates announced Smart Policing grant awards totaling over $2 million to law enforcement agencies to develop innovative, data-driven approaches to crime.
For more VRN information visit www.bja.gov/Programs/VRN.html.
Justice Department Expands Violence Reduction Network to Five New SitesRead the Press Release
DETROIT— Deputy Attorney General Sally Q. Yates and Assistant Attorney General Karol V. Mason of the Office of Justice Programs (OJP) today announced that five new cities will join the Violence Reduction Network (VRN), a comprehensive approach to reducing violent crime in communities around the country. The new partnering cities are Little Rock, Arkansas; West Memphis, Arkansas; Compton, California; Flint, Michigan and Newark, New Jersey. They join the inaugural sites of Detroit; Chicago; Camden, New Jersey; Wilmington, Delaware; and Oakland and Richmond, California.
"The Violence Reduction Network uses every tool in the Justice Department’s toolbox to help communities combat violent crime. And we deploy these resources in a targeted, strategic, data-driven way to get the most bang for our buck," said Deputy Attorney General Sally Quillian Yates. "While we’re still early in this process with the five cities we announced last year, we’re encouraged by the progress we’ve made so far. And we’re looking forward to getting down to work in the five new cities we’re announcing today."
Today’s announcement was made before an audience of U.S. Attorneys, police chiefs, sheriffs, mayors, local leaders from the ten sites and Department of Justice representatives at the second annual VRN Summit in Detroit. Through the VRN, the Justice Department enlists tactical and operational expertise available from the Bureau of Justice Assistance, the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the United States Marshals Service (USMS), the Drug Enforcement Administration (DEA), the Executive Office of the United States Attorneys, the Community Oriented Policing Services Office and the Office on Violence Against Women.
Deputy Attorney General Yates cited the progress reported by the current VRN sites in their first year. In Camden, for example, the FBI assisted the local police display wanted felons’ information on digital billboards, resulting in the arrest of two felons The ATF helped the Camden County Police Department acquire National Integrated Ballistic Information Network (NIBIN) equipment and training. NIBIN has allowed the county to initiate eTrace, an Internet-based firearms tracing and analysis tracking process to enhance criminal investigations.
In Chicago, police used closed-captioned television to post videos of sexual assault suspects on Facebook, leading to arrests. With the advice and technical support of the DOJ VRN partners, the Wilmington Police Department created a new homicide unit and the homicide
clearance rate rose from less than 10 percent to more than 50 percent on current-year cases. Detroit started to use sophisticated data analysis techniques to identify warning signals for domestic violence homicides to prevent these crimes and in August 2015 coordinated with the FBI in using the Digital Billboards Initiative to feature a homicide suspect.
Oakland and Richmond, California strengthened their relationships with the DOJ law enforcement partners in significant ways. The ATF embedded three full-time ATF special agents in the Richmond Police Department to assist with commercial armed robberies, shootings, and homicides. A national USMS task force operation in Contra Costa County resulted in the apprehension of over 130 people, including 12 homicide suspects.
The Oakland Police Department (OPD) continues to focus on ways to use analytics to enhance their crime prevention and violence reduction efforts. They have received two training sessions in social network analysis through the VRN. OPD is planning to conduct a full group audit to extract "on the ground" intelligence of known offenders and gangs through focus-group style working sessions with law enforcement and community organizations and will use this intelligence to build and support their social network analysis. The Oakland Police Department also participated in Crime Analysis for Executive Training and is now revamping their crime analysis unit.
This past summer, the FBI, DEA, and USMS participated in the Richmond’s Safe City Summer: Crime Prevention Public Safety Fair, a collaborative effort at Richmond City Hall to combat recent increases in violence and interacted with over 4,000 community members on their agency’s federal law enforcement role in assisting the police department with crime prevention efforts.
The DEA, through their El Paso Intelligence Center (EPIC), is providing all the VRN sites with the opportunity to work collaboratively to enhance their investigations and operations that target criminal activities.
In addition to announcing the five new VRN sites, Deputy Attorney General Yates announced Smart Policing grant awards totaling over $2 million to law enforcement agencies to develop innovative, data-driven approaches to crime.
For more VRN information visit www.bja.gov/Programs/VRN.html.
Justice Department Announces More than $2 Million for Smart Policing InitiativeRead the Press Release
Deputy Attorney General Sally Q. Yates today announced that the Justice Department has awarded more than $2 million in funding for the Smart Policing Initiative (SPI). SPI will support four jurisdictions nationwide by helping them build evidence-based, data-driven tactics and strategies to ensure law enforcement agencies are effective, efficient and economical.
“The goal of these efforts is to make a difference in each community by helping local law enforcement agencies reduce crime and earn the confidence of the citizens they serve,” said Deputy Attorney General Sally Quillian Yates.
The SPI, a competitive grant program administered by the Bureau of Justice Assistance, creates collaborations between law enforcement officials and researchers in 39 communities to tackle such public safety challenges as neighborhood drug markets, gun violence, domestic violence, and the chronic violent offenders who perpetrate such crimes. It encourages innovative use of analysis, technology, and evidence-based practices, while seeking community input on ways to improve policing practices and increase transparency, accountability and legitimacy.
Today’s announcement was made at the 2nd Annual Violence Reduction Network (VRN) Summit. VRN is an unprecedented effort to deliver strategic, intensive training and technical assistance to reduce violence in local communities.
For more information on the Smart Policing Initiative and VRN visit:
https://www.bja.gov/ProgramDetails.aspx?Program_ID=80.
https://www.bja.gov/Programs/VRN.html
About the Office of Justice Programs (OJP)OJP, headed by Assistant Attorney General Karol V. Mason, provides federal leadership in developing the nation’s capacity to prevent and control crime, administer justice and assist victims. OJP has six components: the Bureau of Justice Assistance; the Bureau of Justice Statistics; the National Institute of Justice; the Office of Juvenile Justice and Delinquency Prevention; the Office for Victims of Crime and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking. More information about OJP can be found at www.ojp.gov.
Justice Department Announces $26 Million in Grants to Develop and Strengthen Criminal Justice and Community Partnerships to Address Sexual Assault, Domestic Violence, Dating and StalkingRead the Press Release
Deputy Attorney General Sally Quillian Yates today announced 44 awards totaling over $26 million in funding through the Department of Justice’s Office on Violence Against Women’s Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program. These 44 recipients will create and enhance collaborative partnerships between criminal justice agencies, victim services providers, and community organizations that respond to sexual assault, domestic violence, dating violence and stalking. The awards were announced at the Justice Department’s Second Annual Violence Reduction Network (VRN) Summit in Detroit, Michigan.
“Sexual assault, domestic violence, dating violence, and stalking are serious crimes that require a robust criminal justice system response in coordination with community based organizations and victim service providers,” said Deputy Attorney General Sally Quillian Yates. “This program challenges the whole community to work together to identify barriers and develop solutions that enhance victim safety and hold offenders accountable.”
Three VRN sites – Chicago, Detroit, and Oakland/Richmond – will directly benefit from these awards. Cook County is receiving an award to develop a multidisciplinary team to strengthen the law enforcement response to victims of sexual assault, domestic violence, dating violence, and stalking who are enrolled in colleges located in Cook County, including Chicago. Contra Costa County, California—home to Richmond—is receiving an award to support the "Contra Costa County Zero Tolerance for Domestic Violence" project, which, among other things, will provide a variety of resources and services for victims of domestic violence and support a full-time probation officer who will monitor 35-40 high-risk domestic violence probationers. And Detroit is receiving an award to improve the information communication systems between the Detroit Police Department’s Domestic Violence Unit and the Wayne County Prosecutor’s Office and to provide centralized, accessible legal and social services to victims of domestic violence.
The Fiscal Year 2015 Arrest Program grant recipients are:
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Bannock County, ID
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Buncombe County, NC
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Circle, Incorporated, VT
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City and County of Denver, CO
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City and County of San Francisco, CA
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City of Cheyenne, WY
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City of Detroit, MI
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City of Gainesville, FL
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City of Indianapolis, IN
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City of Lee's Summit, MO
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City of Lowell, MA
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City of New Orleans, LA
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City of Richmond, KY
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Contra Costa County, CA
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Council on Domestic Violence and Sexual Assault, MI
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County of Cook, IL
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Cumberland County, ME
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Erie County, NY
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Executive Office of the State of Kansas, KS
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Family Support Center of South Sound, WA
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Grand Traverse Band of Ottawa and Chippewa Indians, MI
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Iowa State Judicial Branch, IA
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James City County, VA
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Jersey Battered Women's Service, Incorporated, NJ
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Lafayette City Parish Consolidated Government, LA
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Lake County, MT
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Maine Coalition to End Domestic Violence, ME
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Metro Government of Nashville & Davidson County, TN
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Monroe County, IN
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Nevada Network Against Domestic Violence, NV
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New Jersey Department of Law & Public Safety, NJ
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New York City Mayor's Office of Criminal Justice, NY
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Oklahoma District Attorneys Council, OK
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Rhode Island Public Safety Grant Administration Office, RI
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Riverside County, CA
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Safe Horizon, Incorporated, NY
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Schuylkill County, PA
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Shelby County, AL
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Strafford County Commissioners, NH
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Suffolk County, NY
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Summit County, OH
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Town of East Bridgewater, MA
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Travis County Domestic Violence & Sexual Assault Survival Center, TX
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Winnebago County Circuit Court, IL
About the Office on Violence Against Women
Created in 1995, the Office on Violence Against Women (OVW) provides federal leadership in developing the Nation’s capacity to reduce violence against women through the implementation of the Violence Against Women Act (VAWA) and subsequent legislation. OVW administers financial and technical assistance to communities across the country that are developing programs, policies and practices aimed at ending domestic violence, dating violence, sexual assault and stalking. To learn more, visit www.justice.gov/ovw
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Jury Convicts Man of Alien SmugglingRead the Press Release
ALBANY, NEW YORK – A jury last week found Ronaldo Reyes, 39, of Quebec, Canada, guilty of conspiracy to bring aliens to the United States and seven counts of bringing an alien to the United States, announced United States Attorney Richard S. Hartunian, United States Border Patrol Chief Patrol Agent John C. Pfeifer, and Homeland Security Investigations (HSI) Resident Agent in Charge Allen Vanscoy.
Reyes was indicted and extradited from Canada earlier this year. He faces at least five years and a maximum of fifteen years in prison when sentenced by United States District Judge Frederick J. Scullin Jr., as well as a maximum three-year term of supervised release.
Reyes was residing in Canada at the time of his crimes, but is from El Salvador. The evidence at trial, which concluded September 23 with a guilty verdict, established that Reyes smuggled aliens from Canada into the United States between January 2013 and July 22, 2013. Investigations conducted by Border Patrol agents at the Champlain, NY and Beecher Falls, VT, stations resulted in the detentions of 12 undocumented aliens whose passage into the United States was orchestrated by Reyes.
Reyes walked the aliens across the international border at night to a prearranged pickup vehicle before fleeing north to Canada on foot. The aliens paid Reyes thousands of dollars in U.S. and Canadian cash.
“The Department of Justice prioritizes cases involving the smuggling or transporting of undocumented individuals into the United States,” stated United States Attorney Richard S. Hartunian. “I commend the collaboration of our partner agencies, the United States Border Patrol and Homeland Security Investigations, which brought about the conviction.”
“The successful dismantling of this criminal organization was a result of the collaboration amongst several agencies and exemplifies how we conduct business every day,” stated John Pfeifer, Chief Patrol Agent, U.S. Border Patrol.
“Homeland Security Investigations is committed to targeting and dismantling smuggling organizations,” stated HSI Resident Agent in Charge Allen Vanscoy. “These investigations ensure integrity and safety at our borders and, more broadly, U.S. national security.”
This case was investigated by the United States Border Patrol and Homeland Security Investigations, and was prosecuted by Assistant U.S. Attorneys Douglas Collyer and Katherine Kopita.
Iroquois County Man to Serve 20 Years in Federal Prison for Trafficking Kilograms of CocaineRead the Press Release
Urbana, Ill. - U.S. District Court Judge Colin S. Bruce today sentenced Valeriano J., aka ‘Billy,’ Zarate (zah-RAH'-te), 41, of Cissna Park, Ill., to 20 years in federal prison for conspiracy to possess more than five kilograms of cocaine with intent to distribute. Following release from prison, Zarate was ordered to remain on supervised release for 10 years.
Zarate has been detained in the custody of the U.S. Marshals Service since his arrest on Oct. 9, 2014. Zarate entered a plea of guilty on April 17, 2015, to conspiring with others from 2012 to October 2014 to possess cocaine with intent to distribute. Zarate admitted that he and others with whom he conspired agreed to have large quantities of cocaine driven in semi-tractor trailers from outside Illinois to pre-arranged locations in Vermilion County, Ill., as well as near Indianapolis, and other locations.
According to court documents, overt acts to further the conspiracy included distribution by Zarate on Dec. 8, 2013, of approximately 11 kilograms of cocaine to an individual in Youngstown, Ohio; on Dec. 12, 2013, travel by Zarate with a co-conspirator to Columbus, Ohio to receive approximately $1.2 million in payment for 36 kilograms of cocaine previously distributed by the conspirators; and, in June 2014, co-conspirators drove a semi-tractor trailer from Texas to Vermilion County, Ill., loaded with approximately 49 kilograms of cocaine, hidden in a load of mangos, to deliver to Zarate and others at a location arranged by Zarate. According to DEA agents, the verified 49 kilogram “bricks” of cocaine hidden in the tractor-trailer were valued at more than $1,000,000 wholesale, with a street value of more than $4,000,000.
According to the factual basis included in the plea agreement, officers with the Bryant, Ark., police department discovered the cocaine in the load of mangos on June 18, 2014, when they stopped to assist after the tractor-trailer broke down on Interstate 30 in Arkansas. The driver and passenger were traveling from Mission, Texas, and planned to deliver the mangos to a location in Chicago. After delivering the mangos, they planned to travel to a gas station in Oakwood, Ill., where they would be directed to a drop-off location to deliver the cocaine to Zarate and others. Zarate paid the owner of the drop-off location to allow the tractor-trailer to be unloaded there. On June 19, 2014, DEA agents attempted to make a controlled delivery of “bricks” of fake cocaine.
The case against Zarate was investigated by the Drug Enforcement Administration and prosecuted by Assistant U.S. Attorney Eugene L. Miller.
Illinois Woman Pleads Guilty to Charges of Providing Material Support to TerroristsRead the Press Release
St. Louis, MO – JASMINKA ROMIC, Rockford, Illinois, pled guilty to conspiracy to commit an offense against the United States by conspiring to provide material support to terrorists and designated foreign terrorist organizations. She entered her plea of guilty earlier today in the Federal District Court for the Eastern District of Missouri, before United States District Judge Catherine D. Perry. Sentencing has been set for January 5, 2016.
If convicted, the crime of Conspiracy to Commit Offenses Against the United States carries a penalty ranging up to 5 years imprisonment and/or a fine up to $250,000. In determining the actual sentence, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
This case was investigated by the St. Louis FBI’s Joint Terrorism Task Force, U.S. Immigration and Customs Enforcement’s (ICE) - Homeland Security Investigations (HSI), U. S. Postal Inspection Service, St. Louis Metropolitan and St. Louis County Police Departments, with assistance from multiple law enforcement agencies. The case is being prosecuted by Assistant U.S. Attorneys Matthew Drake, Howard Marcus and Kenneth Tihen of the Eastern District of Missouri and Mara Kohn, a Trial Attorney in the Counterterrorism Section of the Department of Justice.
Huntington man sentenced to three and half years for role in Federal heroin conspiracyRead the Press Release
HUNTINGTON, W.Va. – A Huntington man who participated in a heroin distribution scheme in 2013 was sentenced today to 40 months in federal prison, announced U.S. Attorney Booth Goodwin. Domenico Chianesi II, 35, previously pleaded guilty in federal court in Huntington in December of 2014 to conspiracy to distribute heroin.
From at least February of 2013 to August 21, 2013, Chianesi and others conspired to distribute heroin in the Huntington area. Chianesi permitted others to transport heroin from Detroit, Michigan to his residence located at 208 8th Avenue in Huntington where the heroin was stored and prepared for distribution. Chianesi also sold heroin at the direction of others and transferred drug proceeds to the organization leaders by using various financial services companies. On August 21, 2013, agents executed a search warrant at Chianesi’s residence where they seized over 130 grams of heroin and over $10,000 in cash.
The Huntington FBI Drug Task Force and Huntington Police Department conducted the investigation. Assistant United States Attorney Joseph F. Adams handled the prosecution.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Gun Dealer Sentenced for Conspiracy in Bribes, Kickbacks for Glock FirearmsRead the Press Release
TOPEKA, KAN. – An Olathe gun dealer was sentenced Monday to 18 months in federal prison for paying bribes to employees of the company that makes Glock firearms, U.S. Attorney Barry Grissom said.
John Sullivan Ralph, III, 42, Olathe, Kan., pleaded guilty to one count of conspiracy to defraud Glock by paying bribes and kickbacks to Glock employees for preferential treatment. Ralph owned Global Guns & Hunting, Inc., of Olathe, Kan., doing business as OMB Guns. From 2003 to 2009 Ralph paid 140 bribes and kickbacks to co-defendants totaling approximately $900,000.
Co-defendants include:
Lisa Delaine Dutton, who was sentenced to 12 months and a day.
Welcome D. Wood, Jr., who is set for sentencing Nov. 16.
James Craig Dutton, who is set for sentencing Nov. 9.
Paula Ann Wood, who is set for sentencing Nov. 16.
Grissom commended the FBI and Assistant U.S. Attorney Richard Hathaway is prosecuting.
Government Settles False Claims Act Allegations against American Access Care Holdings, LLC for $3.5 MillionRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, and Philip Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services Office of Inspector General, today announced that AMERICAN ACCESS CARE HOLDINGS, LLC has entered into a civil settlement agreement with the Government in which it will pay $3,594,791 to resolve allegations that it violated the False Claims Act.
Prior to its merger with Fresenius Vascular Care, Inc. (“Fresenius”) in October 2011, AMERICAN ACCESS CARE HOLDINGS, LLC (“AAC”) operated a number of vascular access centers in the United States, including one in Fairfield, Connecticut. Among other services, vascular access centers address complications with dialysis access for patients with kidney disease. The government alleges that, between January 2007 and September 2011, AAC improperly billed Medicare and Medicaid for multiple percutaneous transluminal angioplasties performed during the same patient encounter. The government also alleges that, between October 2005 and September 2011, AAC improperly submitted claims to Medicare and Medicaid for procedures performed during follow-up visits that were not medically necessary.
The conduct addressed by the settlement occurred prior to the merger with Fresenius.
“It is imperative that all health care providers bill only for appropriate and necessary medical treatments and bill for such services accurately and honestly,” said U.S. Attorney Daly. “The U.S. Attorney’s Office will vigorously investigate any provider that submits fraudulent claims to Medicare or Medicaid as this misconduct cheats the system, increasing the cost of health care for all of the rest of us.”
“Health care providers will not be permitted to provide unnecessary medical procedures – in this case, invasive procedures – on patients and then pocket the improper payments they receive as a result,” said HHS-OIG Special Agent in Charge Coyne. “Our agency is dedicated to investigating health care fraud schemes that divert scarce taxpayer funds meant to provide for legitimate patient care.”
The Connecticut settlement is related to a parallel resolution of claims against AAC by the U.S. Attorney for the District of Rhode Island, and follows a third settlement against the company in the Southern District of Florida, in the case United States ex rel. Souza v. American Access Care of Miami, LLC.
In entering into the civil settlement agreement, AAC did not admit liability and disputes the government’s allegations.
This matter was investigated by the Office of Inspector General for the Department of Health and Human Services, and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Richard M. Molot and Auditor Kevin Saunders.
People who suspect health care fraud are encouraged to report it by calling 1-800-HHS-TIPS or the Health Care Fraud Task Force at (203) 777-6311.
German Business Charged with Smuggling Realistic Federal Law Enforcement Badges into the United StatesRead the Press Release
ATLANTA – German company Master-Equipment has been charged with manufacturing, selling, and smuggling realistic American federal law enforcement badges into the United States. The charges arise out of an investigation of a phony DEA badge use by Daniel Harbison, a Georgia resident who was sentenced to federal prison after impersonating a DEA agent in June 2015.
“The production and sale of genuine-looking federal badges by Master-Equipment potentially places a badge in the hands of individuals, like Daniel Harbison, who are not law enforcement but use them for their own purposes,” said U.S. Attorney John Horn. “This type of product only serves to undermine the trust the public places in law enforcement.”
“The dismantling of a foreign based company’s ability to sell counterfeit U.S. law enforcement badges to a U.S. market is critical in the post 9/11 era,” said J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office. “While this case was initiated by an unlawful traffic stop by an individual impersonating a federal law enforcement officer, those circumstances and consequences could have been much different and far more tragic.”
According to U.S. Attorney Horn, the criminal complaint, and other information presented in court: Master-Equipment is a distributor and reseller of law enforcement equipment and accessories located in Kaarst, Germany. Master-Equipment uses the website www.badge-police.com to sell and advertise its products over the Internet. Master-Equipment’s website is entirely in English and it contains no German.
Master-Equipment claims that its products are made in America and its website contains an image of a bald eagle, the American flag, and the phrase “God Bless America.” Most of the equipment and accessories sold by Master-Equipment bear the name of American-based law enforcement agencies. The website also contains photographs of and testimonials from purported customers who claim to be former U.S. federal law enforcement officers.
Via its website, Master-Equipment sells a variety of realistic replicas of badges used by American federal law enforcement agencies. For example, Master-Equipment sells badges bearing the name of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”), Customs and Border Protection (“CBP”), Drug Enforcement Administration (“DEA”), Department of Homeland Security (“DHS”), Federal Bureau of Investigation (“FBI”), Internal Revenue Service (“IRS”), and United States Marshals Service (“USMS”). Master-Equipment also sells a variety of badges bearing the name of the Central Intelligence Agency (“CIA”).
According to its website, Master-Equipment only sells its badges to “active [and] retired police officers, collectors, or for theatrical production.” Through its website, Master-Equipment implies that it is lawful for a customer to purchase badges as collectable items, so long as the customer does not use the badges to impersonate a law enforcement officer. In fact, under U.S. federal law it is illegal to knowingly manufacture, sell, or possess badges or colorable imitations thereof, which are used by U.S. federal law enforcement departments or agencies, regardless of whether they are used by collectors, theatrical productions, or any other purpose.
In April 2015, an American citizen used a Master-Equipment badge to impersonate a U.S. federal law enforcement officer. Specifically, on April 3, 2015, in Doraville, Georgia, Daniel Harbison (a three-time convicted felon) conducted a traffic stop of a vehicle by engaging police-style green and white flashing lights. Unbeknownst to Harbison, the vehicle was being driven by an off-duty Corporal with the Doraville Police Department. During the unauthorized traffic stop, Harbison wore a T-shirt printed with the letters “DEA,” carried a .45 caliber handgun in a thigh holster, and possessed an identification card purportedly issued by the DEA. The Doraville officer also saw that Harbison possessed a realistic gold and blue badge engraved with the letters “US.” Harbison told the Doraville officer that he was a federal officer. The Doraville officer then stated that other police officers were in route to check the authenticity of Harbison’s law enforcement credentials. Harbison then returned to his car and fled the scene.
Later that day, police officers identified Harbison’s residence and ultimately, he was arrested. At Harbison’s residence, police officers recovered several items, including: (a) a Springfield .45 caliber handgun, (b) a DEA T-shirt, (c) green and white lights, (d) an identification card purportedly issued by the DEA, and (e) a gold and blue badge engraved with the letters “US” that is alleged to have been manufactured by Master-Equipment.
In connection with its investigation, the FBI conducted two undercover operations. In May 2015, a FBI undercover agent, posing as an ordinary U.S. civilian, ordered a FBI badge from Master-Equipment via its website. In June 2015, Master-Equipment mailed the undercover agent a badge engraved with the words “Federal Bureau of Investigation – Department of Justice” and embossed with the letters “U.S.” The fake FBI badge sent by Master-Equipment was realistic and virtually identical to a genuine FBI badge (although it was slightly larger). In July 2015, a FBI undercover agent, posing as an ordinary U.S. citizen, ordered a FBI badge from Master-Equipment via its website. In July 2015, Master-Equipment mailed the undercover agent a badge engraved with the words “Federal Bureau of Investigation – Department of Justice” and embossed with the letters “US” The second fake FBI badge sent by Master-Equipment is realistic and virtually identical to a genuine FBI badge.
On April 23, 2015, a grand jury charged Daniel Harbison, 40, of Dunwoody, Georgia, with being a felon in possession of a firearm. Harbison pleaded guilty to that charge on June 9, 2015. On August 27, 2015, Harbison was sentenced to serve one year, nine months in prison.
On September 10, 2015, Master-Equipment was charged in a six-count criminal complaint with smuggling goods into the United States, trafficking in counterfeit goods, and manufacturing and selling fake federal law enforcement badges. In connection with the criminal complaint, the FBI seized the website (www.badge-police.com) that Master-Equipment used to sell its fake badges.
Members of the public are reminded that the criminal complaint only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the Federal Bureau of Investigation.
Assistant U.S. Attorney Jeffrey W. Davis, Special Assistant U.S. Attorney Erin Sanders, and Assistant U.S. Attorney G. Jeffrey Viscomi are prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Former Nursing Home Administrator Sentenced to Federal Prison for Stealing Veterans BenefitsRead the Press Release
ATLANTA – Denise M. Bailey, the former administrator of an assisted living facility, has been sentenced to federal prison for misappropriating over $300,000 in veterans benefits that belonged to one of the facility’s residents.
“While working as a nursing home administrator, the defendant stole disability benefits from a Vietnam veteran who lived in the nursing home,” said U.S. Attorney John Horn. “This disabled veteran was entitled to every penny of his disability award after honorably serving our country, and needed the money to live comfortably in assisted living – yet Bailey spent the money for her own personal expenses.”
Special Agent in Charge Monty Stokes, U.S. Department of Veterans Affairs, Office of Inspector General said, “today’s sentencing is the result of a joint effort to investigate and prosecute a VA fiduciary who embezzled funds from a veteran who was not capable of managing his financial affairs. We will continue to vigorously investigate those whose actions corrupt the integrity of VA fiduciary programs intended to care for our nation’s venerable veterans.”
According to U.S. Attorney Horn, the charges and other information presented in court: Bailey was the administrator at Azalea Gardens, an assisted living facility located in Conyers, Georgia. One of the facility’s residents was a Vietnam veteran who needed long-term care after suffering a heart attack in 2006. In December 2010, the Department of Veterans Affairs appointed Bailey to be the fiduciary for the veteran. As his fiduciary, Bailey agreed to use any veterans benefits awarded to the veteran only for his benefit.
On July 7, 2011, the VA awarded the veteran retroactive disability benefits in the amount of $313,452.37, which was deposited in an account held in the name of the veteran with Bailey as administrator. Bailey drained the account within four days. After transferring the money from that account to the Azalea Gardens account, Bailey transferred the majority of it to herself, or accounts controlled by her, and used a portion to pay off family credit cards bills. During the later VA investigation, Bailey submitted fraudulent bills in an attempt to justify the payments, falsely claiming that the veteran owed money to Azalea Gardens for extraordinary services. Bailey had not informed the veteran or his family about the VA payment or the alleged bills for these services.
Bailey, 49, of Danielsville, Georgia, was sentenced by United States District Judge Thomas W. Thrash, Jr., to one year in prison and two years of supervised release. A decision will be made at a later date regarding the restitution amount still owed to Henderson’s family. On July 7, 2015, Bailey pleaded guilty to misappropriating veterans funds while acting as a fiduciary.
This case was investigated by Special Agents of the Department of Veterans Affairs, Office of Inspector General. Valuable assistance was also provided by the Conyers Police Department.
Assistant U.S. Attorney Stephen H. McClain prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao/gan/.
Former Kittery Woman Sentenced to over a Year in Prison for Bankruptcy FraudRead the Press Release
Contact: Donald E. Clark
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced that Rana J. Clarizio, 46, of Oak Brook, Illinois, and formerly of Kittery, Maine, was sentenced today in U.S. District Court by Judge George Z. Singal to 366 days years in prison and three years of supervised release for bankruptcy fraud. She was also ordered to pay about $185,000 in restitution. She pled guilty on May 11, 2015.
According to court records, on March 21, 2014, the defendant filed for bankruptcy in Maine. On April 4, 2014, she filed Schedules of Assets and Liabilities ("schedules") and a Statement of Financial Affairs ("SOFA") under the penalty of perjury in which she failed to disclose about $185,000 worth of property of the bankruptcy estate. On May 2, 2014, she falsely testified under oath at a meeting of her creditors that her schedules and SOFA were true and correct. In addition, in anticipation of the bankruptcy filing, she transferred and concealed over $125,000 worth of property of the estate that she failed to disclose in her April schedules and SOFA.
The investigation was conducted by the Federal Bureau of Investigation.Former Heart Surgeon Convicted of Unlawfully Prescribing and Dispensing OxycodoneRead the Press Release
ROME, Ga. – James Earl Chapman, Jr., a doctor from Macon, Georgia, has been convicted after a two-week jury trial on 49 counts of drug trafficking for prescribing and dispensing controlled narcotics at a Cartersville, Georgia, “pill mill” pain clinic that served as a front for the mass distribution of addictive pain killers.
“A doctor’s first responsibility is to do no harm to others, but evidence at trial established that Dr. Chapman relentlessly and aggressively prescribed controlled pain killing medication to patients who were addicted to them,” said U.S. Attorney John A. Horn. “Many of those patients sold the pills for financial gain, and to finance return trips to the clinic. A jury has guaranteed that Chapman is no longer in a position to do harm.”
Daniel R. Salter, Special Agent in Charge of the DEA Atlanta Field Division said of the case, “Removing and ultimately eliminating healthcare providers who unlawfully dispense pharmaceutical products for non-medical reasons is an important part of DEA’s mission. This medical doctor distributed copious quantities of opiate-based pills to scores of drug-seeking patients. At one point, Dr. Chapman received the largest number of Oxycodone pills of all doctors in the state of Georgia. Dr. Chapman will no longer be able to commit such unlawful acts due to the hard work and dedication put forth by our federal, state and local law enforcement counterparts who made this investigation a success.”
“This conviction demonstrates the great work of law enforcement at all levels to investigate and prosecute the illegal distribution of prescription narcotics affecting Georgia and our surrounding states. The GBI remains committed to working with our local and federal partners in drug enforcement to address these types of crimes,” said Vernon Keenan, Director, Georgia Bureau of Investigation.
“We are committed to ‘following the money trail’ to ensure that those who engage in these illegal activities are vigorously investigated and brought to justice,” stated IRS Criminal Investigation Special Agent in Charge, Veronica F. Hyman-Pillot. “This verdict is a vital element in maintaining public confidence that these individuals and others who commit similar crimes will be held accountable.”
“We were glad to see the results of good police work in this case. We believe that the verdict in this case will send a strong message to those who prey on individuals with addiction will not be tolerated. I am pleased with the hard work that went into this case from the investigation to the successful prosecution. It proves to our communities that when law enforcement agencies work together for a common goal good things happens as demonstrated in this guilty verdict. From a local prospective we were grateful for all the assistance we received in investigating and prosecuting this case,” said Captain Mark Mayton, Commander, Bartow-Cartersville Drug Task Force.
According to U.S. Attorney Horn, the indictment, and evidence presented in court: In May 2010, using information from the FBI/NW Georgia Criminal Enterprise Safe Streets Task Force, federal, state and local law enforcement agents joined together in investigation of Atlanta Medical Group, (“AMG”) after learning that the clinic, located in Cartersville, Georgia, was prescribing pain pills outside the bounds of legitimate medical practice. The investigation revealed that James Earl Chapman, Jr., served as the clinic’s primary doctor. Jason Votrobek and Roland Castellanos, both of whom were found guilty in a previous trial, financed and operated the clinic, along with Jesse Violante. Tara Atkins served as the office manager. Violante and Atkins previously pleaded guilty to charges related to their conduct at the clinic.
Chapman, while serving in his role at AMG, failed to fulfill a doctor’s basic obligations to conduct physical examinations of patients and verify medical histories before prescribing astronomical quantities of controlled substances. Significantly, in the first year the clinic opened, Chapman received the highest number of oxycodone pills of any doctor in the State of Georgia. Chapman continued to prescribe controlled substances in dangerous amounts and combinations even after he received notice that many pharmacies in the area were refusing to fill the prescriptions and that the medical board had subpoenaed his records to determine the propriety of his prescribing practices. Those patient records revealed that Chapman knew that at least some of his patients were drug addicts: the records contained information (from a nurse or the “patients” themselves) that those patients had previously purchased the drugs illegally.
In fact, more than 98% of the patients traveled to AMG from surrounding states in order to receive prescriptions for controlled substances. Furthermore, the evidence showed that Chapman was a drug user himself, and that he asked clinic employees to assist him in illegally obtaining narcotics for his own use. For example, on one day in particular, Chapman had another clinic employee fill out narcotics prescriptions for him to sign, as he was too intoxicated to do so himself. Still, his own drug use did not stop him from seeing “patients.”
James Earl Chapman, Jr., 64, of Macon, Georgia, will be sentenced on November 13, 2015, before the U.S. District Judge Harold L. Murphy.
Jason Cole Votrobek, 31, of Vero Beach Florida, and Roland Rafael Castellanos, 34, of Hollywood, Florida, the financiers and operators of AMG were previously convicted by a jury on March 26, 2014. They were both sentenced to 15 years in federal prison.
A third financier and operator, Jesse Violante, 35, of Vero Beach, Florida, and AMG’s office manager, Tara Atkins, 36, of Cartersville, Georgia, each previously pleaded guilty to charges related to their conduct at the clinic. Violante was sentenced to four years, four months in federal prison. Atkins was sentenced to two years in federal prison.
This case was investigated by the Drug Enforcement Administration, the Georgia Bureau of Investigation, the Bartow County Sheriff's Office, and the Internal Revenue Service-Criminal Investigation. This case was initiated by the FBI/ Northwest Georgia Criminal Enterprise Safe Streets Task Force.
Assistant United States Attorneys G. Scott Hulsey, Cassandra J. Schansman, and Laurel R. Boatright prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division is http://www.justice.gov/usao/gan/.
Federal Civil Rights Lawsuit DismissedRead the Press Release
Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that U.S. District Court Chief Judge Rosanna Malouf- Peterson dismissed a civil rights lawsuit brought by Manuel Sanchez. Sanchez, who is currently a Federal prisoner, claimed that his civil rights were violated by a Drug Enforcement Administration Special Agent who shot him while he attempted to flee from arrest following a drug deal by intentionally driving a vehicle directly at the DEA Special Agent.
According to information disclosed during the court proceedings, DEA agents working with the drug task force in Yakima, Washington had set up several controlled buys from Sanchez. On July 26, 2012, a confidential source assisting the DEA met Sanchez in the parking lot of the Home Depot in Yakima. As soon as the drug transaction was complete, DEA and other task force members moved in to arrest Sanchez. Sanchez accelerated quickly in his Dodge van, striking the confidential source’s occupied vehicle, as well as a task force vehicle with two officers inside. Sanchez then circled around the parking lot looking for an escape route and drove directly at the DEA Special Agent, who was standing out in the open. The Special Agent fired into the van, striking Sanchez.
Sanchez was subsequently charged with Distribution of a Controlled Substance; Possession of a Controlled Substance with Intent to Distribute; and Assault on Federal Officers. In December 2012, Sanchez pleaded guilty to Distribution of a Controlled Substance and he was sentenced to Federal prison. During his change of plea hearing, Sanchez admitted he posed a substantial danger to the DEA Special Agent, the other officers on the scene, and the public. Nevertheless, Sanchez filed this civil suit, alleging his civil rights were violated when he was shot.
Chief Judge Malouf-Peterson found that the Special Agent was immune from prosecution because his decision to shoot at Sanchez did not violate a clearly established constitutional right given that Sanchez’s action posed a risk of death or serious bodily injury to the Special Agent and others on the scene. Chief Judge Malouf-Peterson also found that the shooting of Sanchez was reasonable under the United States Supreme Court’s 1989 analysis of constitutional rights violations.
Michael C. Ormsby stated, “Claims of civil rights violation are taken seriously. But, when meritless lawsuits are brought, this office will vigorously defend such lawsuits and protect the public purse.”
This case was defended by Rudy J. Verschoor, an Assistant United States Attorney for the Eastern District of Washington.
Ex-San Fernando Valley Man Extradited from Mexico to Face Wildlife Trafficking Charges Related to Illegal Export of South American FishRead the Press Release
LOS ANGELES – Mexico has extradited an American citizen who formerly lived in West Hills to face federal charges related to the illegal trafficking of the world’s largest freshwater fish, a South American species known as Arapaima gigas.
Isaac Zimerman, 66, is expected to appear this afternoon in United States District Court in downtown Los Angeles. He was extradited last week and arrived in the United States on September 24.
Zimerman was charged in a 13-count indictment with using his company, the Hawthorne-based River Wonders LLC, to import piranhas and river stingrays into the United States. Zimerman allegedly possessed those fish in California, and then they were advertised for sale, sold to customers, and shipped to states outside of California. The indictment also contains allegations that Zimerman engaged in additional criminal conduct related to the falsification of documents, obstruction of proceedings, false statements, and smuggling of protected Arapaima gigas from the United States while on pre-trial release.
Zimerman was initially charged in 2009, along with his company and his wife, Leonor Catalina Zimerman. While Leonor Zimerman pleaded guilty to a misdemeanor offense in 2010, Isaac Zimerman fled the United States that same year after prosecutors filed additional charges alleging that he continued to illegally export fish while on bond. Special agents with the United States Fish & Wildlife Service (FWS) tracked Zimerman’s movements through Europe, to Israel and eventually to Mexico.
On March 3, 2015, concluding a four-year manhunt, Zimerman was arrested near Metepec, Mexico. During his flight to avoid prosecution, Zimerman changed his appearance and took other steps to avoid detection and arrest.
The Mexican government permitted Zimerman to be extradited to the United States on two of the felony charges related to the illegal exportation of Arapaima gigas.
If he is convicted of the two charges in the indictment that were the subject of the extradition, Zimerman would face a statutory maximum sentence of 20 years in federal prison.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
Leonor Zimerman pleaded guilty in 2010 to a misdemeanor count of illegal fish trafficking. She was sentenced by United States District Judge Valerie Baker Fairbank in January 2011 to 21 months of probation and was ordered to pay a $1,500 fine.
The arrest of Isaac Zimerman concluded a four-year manhunt led by FWS, which received assistance from the Mexico City attaché of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, U.S. Customs and Border Protection, the FWS Intel Unit, Interpol, the U.S. Department of Justice’s Environment and Natural Resources Division, and the U.S. Department of Justice’s Office of International Affairs.
Dorchester Gang Member Sentenced to 15 Years in Prison for Sex Trafficking of MinorsRead the Press Release
BOSTON – A Dorchester man was sentenced today in U.S. District Court in Boston for sex trafficking of minors.
“Sex traffickers recruit young women from families across the economic spectrum,” said Carmen M. Ortiz, United States Attorney for the District of Massachusetts. “No family, no matter how well educated or well off is immune. Traffickers prey upon the vulnerabilities of impressionable young people, and while it is the job of law enforcement to bring traffickers to justice, it is the duty of all to shield young people from predators such as this defendant.”
“A recent trend among sex predators and traffickers is the evolving use of modern communications tools to ‘groom’ a potential victim,” said Special Agent in Charge Matthew Etre, of HSI Boston. “Mr. Pledger’s use of these tools to attempt to lure his child victims into sexual slavery tears at the very fabric of our community. Homeland Security Investigations will continue to work aggressively in cooperation with our federal, state and local partners to attack, disrupt and dismantle criminal organizations that harm the vulnerable members of society through such despicable means.”
Anthony Pledger, a/k/a “Polo,” “Polo B,” and “Jaden,” 27, was sentenced by U.S. District Court Judge William G. Young to 15 years in prison and five years of supervised release. In February 2015, Pledger pleaded guilty to two counts of sex trafficking of two minor women after being indicted in February 2014.
In October 2013, Pledger brought 16 and 15-year-old girls from Massachusetts to Providence, R.I. intending to have them engage in prostitution. The minors were rescued by Rhode Island and Massachusetts police officers before any prostitution occurred.
Judge Young described Pledger’s convictions as “horrific crimes … that have so changed the lives of the victims that it’s impossible to predict.”
The indictment also charged Miriam Kizzie, 21, with sex trafficking of two other minors (identified as Minors 3 and 4) in July 2013. In May 2015, Kizzie was sentenced to 153 months in prison for causing a 14-year-old girl and a 15-year-old girl, to be advertised online for prostitution and to engage in prostitution.
Court documents alleged that both Pledger and Kizzie were members of the Thetford Avenue Buffalos, a local Boston street gang. As part of Pledger’s sentence, Judge Young ordered that Pledger may not have contact with other alleged members of the gang during the five years of Pledger’s supervised release.
U.S. Attorney Ortiz, HSI SAC Etre, and Boston Police Commissioner William Evans made the announcement today. The case was also investigated by the Rhode Island State Police, Massachusetts State Police, and the Brookline, Providence, Brockton, and Dedham Police Departments. Significant assistance was provided by the Rhode Island Attorney General’s Office, and Plymouth, Middlesex and Suffolk County District Attorney’s Offices. The case is being prosecuted by Assistant U.S. Attorneys Amy Harman Burkart and Timothy E. Moran of Ortiz’s Civil Rights Enforcement Team.
District Man Sentenced to over 19 Years in Prison for Multiple Shootings During Summer of 2013Read the Press Release
WASHINGTON – Darious Scales, 21, of Washington, D.C., has been sentenced to 19 years and nine months in prison for various crimes that took place in July and August of 2013, including a series of shootings that followed his escape from a District of Columbia youth rehabilitation center, Acting U.S. Attorney Vincent H. Cohen, Jr. announced today.
Scales was sentenced on Sept. 18, 2015, by the Honorable Robert E. Morin of the Superior Court of the District of Columbia. In one case, Scales pled guilty in June 2015 to escape, tampering with a GPS device, assault with intent to kill, robbery, and possession of an unregistered firearm, for a series of crimes he committed in July and August 2013. In a second case, he was found guilty by a jury in July 2015, of committing two counts of assault with a dangerous weapon, and related weapons offenses in connection with a shooting on Aug. 21, 2013. Following his prison term, Scales will be placed on five years of supervised release.
According to the government’s evidence in the first case, Scales escaped from a Department of Youth Rehabilitation Services (DYRS) facility on July 26, 2013. Shortly afterward, he cut off his electronic, GPS-monitored ankle bracelet.
Less than two weeks after his escape, early Aug. 9, 2013, Scales was walking in a parking lot in the 4300 block of 3rd Street SE, together with several unidentified associates. Scales then spotted a Special Police Officer who was responsible for providing security at a local apartment complex. Scales approached that Special Police Officer and shot at her, in an attempt to kill her. Scales missed the Special Police Officer and then fled the area. Just three minutes later, while Scales and his associates were walking down 3rd Street SE, they encountered a local resident who was on his way home from work. Scales and his associates robbed this victim at gunpoint and ordered him to stay on the ground while they fled the scene of the robbery. However, when the robbery victim started to get up and gather himself, he faced a barrage of gunfire. The robbery victim was not struck, but the bullets did break the windows of vehicles parked nearby.
The second case involved a shooting that took place on the evening of Aug. 21, 2013. Scales, armed with a 9-mm handgun and still in escape status with DYRS, went into the 4200 block of 4th Street SE, looking for individuals he believed were verbally harassing and threatening a friend of his. He found two of those individuals, at least one of whom was already armed himself, and engaged in a gun battle with them. During the resulting exchange of gunfire, Timothy Dawkins, 24, was fatally shot, most likely by a bullet fired by a person at whom Scales was shooting. No one else was struck by gunfire during that incident.
Scales was arrested on Oct. 1, 2013.
In announcing the sentence, Acting U.S. Attorney Cohen commended the work of those who investigated the case from the Metropolitan Police Department. He acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Lynette Briggs and Sandra Lane; Litigation Technology Specialist Leif Hickling; Victim/Witness Advocate James Brennan; Victim/Witness Security Specialist David Foster; and Assistant U.S. Attorneys Michael Liebman, Kondi Kleinman, Demian S. Ahn, Tejpal Chawla, Jin Park, and Katherine Earnest, who investigated and prosecuted these cases.
Detroit man sentenced to 57 months in Federal prison for role in heroin conspiracyRead the Press Release
HUNTINGTON, W.Va. – A Detroit man who participated in a heroin conspiracy that funneled multiple kilograms of heroin into the Huntington area in 2012 and 2013 was sentenced today to 57 months in federal prison, announced U. S. Attorney Booth Goodwin. Darius Jerome Perry, 32, previously pleaded guilty in federal court in Huntington in February of 2015 to possession with intent to distribute 100 grams or more of heroin.
From the summer of 2012 to August of 2013, Perry conspired with other individuals to distribute heroin in the Huntington area. During the conspiracy, shipments of heroin were frequently made from Michigan to Huntington. Perry and other co-conspirators used multiple residences in Huntington to prepare, store and distribute heroin.
On August 21, 2013, agents executed a search warrant at a residence in the 200 block of 8th Avenue in Huntington. During the search, agents seized over 130 grams of heroin and over $10,000 in cash. On August 22, 2013, agents executed a second search warrant at the same residence where they located and seized an additional $3,000 in cash concealed in a television. Perry admitted to selling heroin from the home and that the heroin seized from the agents was his.
Perry is the last defendant to be sentenced for his involvement in the conspiracy. Others previously sentenced include Christopher Jermaine Taylor of Detroit who received 138 months in federal prison, Bryant Donavan Taylor of Detroit who received 78 months in federal prison, Kenneth D. Bowden of Detroit who received 97 months in federal prison, Robert Lamar Payne of Detroit who received 87 months in federal prison, Derrick Wayne Goodwin of Detroit who received 74 months in federal prison, and Lakeisha Sherrell Williams of Detroit who received 37 months in federal prison.
The Huntington FBI Drug Task Force and Huntington Police Department conducted the investigation. Assistant United States Attorney Joseph F. Adams handled the prosecution.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Department of Justice Awards $150,000 to the City of New Orleans to Develop and Strengthen Criminal Justice and Community Partnerships to Address Sexual Assault, Domestic Violence, Dating Violence, and StalkingRead the Press Release
U.S. Attorney Kenneth A. Polite announced today that, as part of 44 awards totaling over $26 million in funding through the Department of Justice’s Office on Violence Against Women’s Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program, the City of New Orleans was awarded $150,000 grant. The City will use the grant to continue an established process to evaluate and assess the criminal justice system’s response to domestic violence criminal cases and a unified agreed upon protocol that will hold accountable a system response that adheres to the six foundational principles of the Blueprint for Safety model.
The Blueprint for safety is a set of plans for interagency case processing in the criminal justice system, anchored in six foundational principles:
- Adhere to an interagency approach and collective intervention goals;
- Build attention to the context and severity of the abuse into each intervention;
- Recognize that most domestic violence is a patterned crime requiring continuing engagement with victims of abuse and offenders;
- Ensure sure and swift consequences for continued abuse;
- Use the authority of the criminal justice system to send messages of help and accountability; and
- Act in ways that reduce unintended consequences and the disparity of impact on victims and offenders.
“Sexual assault, domestic violence, dating violence, and stalking are serious crimes that require a robust criminal justice system response in coordination with community based organizations and victim service providers,” said Deputy Attorney General Sally Quillian Yates. “This program challenges the whole community to work together to identify barriers and develop solutions that enhance victim safety and hold offenders accountable.”
“I thank the Office on Violence Against Women for this grant award,” stated U.S. Attorney Polite. “It will assist the City of New Orleans in its efforts to combat domestic violence, which often appears as a root cause of the city’s larger violence issues.”
About the Office on Violence Against Women:
Created in 1995, the Office on Violence Against Women (OVW) provides federal leadership in developing the Nation’s capacity to reduce violence against women through the implementation of the Violence Against Women Act (VAWA) and subsequent legislation. OVW administers financial and technical assistance to communities across the country that are developing programs, policies and practices aimed at ending domestic violence, dating violence, sexual assault and stalking. To learn more, visit www.justice.gov/ovw.
Defense Contractor Agrees to Pay $4.63 Million to Settle Overcharging AllegationsRead the Press Release
L-3 Communications Corporation, Vertex Aerospace LLC and L-3 Communications Integrated Systems LP (collectively L-3) have agreed to pay $4.63 million to resolve allegations that they inflated labor hours for time spent by independent contractors at the military’s Continental U.S. Replacement Centers (CRC) in Fort Benning, Georgia, and Fort Bliss, Texas, preparing to deploy to overseas posts to support U.S. military operations abroad. The CRCs prepare individuals for deployment by providing orientation briefings, training, health screenings, payroll processing and addressing other administrative matters.
“The Justice Department is committed to vigorously pursuing all those who knowingly submit false claims under government contracts,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “Contractors that seek taxpayer funds must be scrupulous in their billing, and invoice only for work and amounts permitted by their contracts.”
L-3 performed rotary aviation maintenance and support services for the U.S. Army in Afghanistan, Iraq, Egypt and Kuwait under contracts with the U.S. Air Force. The United States alleges that from 2006 through November 2011, L-3 knowingly overcharged the government for time their independent contractors spent at the CRCs by billing for each individual not based on the actual time that individual spent at the CRC, but based instead on the earliest arrival or latest departure time of any other individual who also processed through the center that same day.
“Contractors owe a duty to the taxpayers to accurately bill the United States for the actual work performed,” said U.S. Attorney John Horn of the Northern District of Georgia. “This settlement demonstrates our commitment to hold contractors accountable for false billing and restore wrongfully taken funds to the military.”
“This collaborative investigative effort reflects the Defense Criminal Investigative Service’s commitment to protecting American taxpayers’ interests by ensuring integrity and accountability throughout the Defense contracting system,” said Special Agent in Charge John F. Khin of the Defense Criminal Investigative Service (DCIS) Southeast Field Office.
“Today’s settlement is a testament to the hard work of our special agents and also highlights the importance of the whistleblower provision of the False Claims Act,” said Director Frank Robey of the U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit. “In this particular case, a concerned citizen wasn’t afraid to speak up, alerted the proper authorities, and helped save the U.S. government millions of dollars.”
The allegations settled today arose from a lawsuit filed by a whistleblower, Robert A. Martin, a former L-3 independent contractor, under the qui tam provisions of the False Claims Act. Under the act, private citizens can bring suit on behalf of the government for false claims and share in any recovery. Mr. Martin will receive $798,675 from the recovery announced today.
This case was handled by the Civil Division’s Commercial Litigation Branch and the U.S. Attorney’s Office of the Northern District of Georgia, with the assistance of DCIS, the U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit and the Defense Contract Audit Agency.
The lawsuit is captioned United States ex rel. Martin v. L-3 Communications Corp., et al., 1:10-CV-1622-CAP (N.D. Ga.). The claims resolved by the settlement are allegations only; there has been no determination of liability.
Defense Contractor Agrees to Pay $4.63 Million to Settle Overcharging AllegationsRead the Press Release
ATLANTA - The United States Attorney’s Office announced that L-3 Communications Corporation, Vertex Aerospace LLC and L-3 Communications Integrated Systems LP (collectively L-3) have agreed to pay $4.63 million to resolve allegations that they inflated labor hours for time spent by independent contractors at the military’s Continental U.S. Replacement Centers (CRC) in Fort Benning, Georgia, and Fort Bliss, Texas, preparing to deploy to overseas posts to support U.S. military operations abroad. The CRCs prepare individuals for deployment by providing orientation briefings, training, health screenings, payroll processing and addressing other administrative matters.
“Contractors owe a duty to the taxpayers to accurately bill the United States for the actual work performed,” said U.S. Attorney John Horn. “This settlement demonstrates our commitment to hold contractors accountable for false billing and restore wrongfully taken funds to the military.”
“The Justice Department is committed to vigorously pursuing all those who knowingly submit false claims under government contracts,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “Contractors that seek taxpayer funds must be scrupulous in their billing, and invoice only for work and amounts permitted by their contracts.”
L-3 performed rotary aviation maintenance and support services for the U.S. Army in Afghanistan, Iraq, Egypt and Kuwait under contracts with the U.S. Air Force. The United States alleges that from 2006 through November 2011, L-3 knowingly overcharged the government for time their independent contractors spent at the CRCs by billing for each individual not based on the actual time that individual spent at the CRC, but based instead on the earliest arrival or latest departure time of any other individual who also processed through the center that same day.
“This collaborative investigative effort reflects the Defense Criminal Investigative Service’s commitment to protecting American taxpayers’ interests by ensuring integrity and accountability throughout the Defense contracting system,” said John F. Khin, Special Agent in Charge, DCIS-Southeast Field Office.
“This settlement is a testament to the hard work of our special agents and also highlights the importance of the whistleblower provision of the False Claims Act,” said Director Frank Robey of the U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit. “In this particular case, a concerned citizen wasn’t afraid to speak up, alerted the proper authorities, and helped save the U.S. government millions of dollars.”
The allegations settled arose from a lawsuit filed by a whistleblower, Robert A. Martin, a former L-3 independent contractor, under the qui tam provisions of the False Claims Act. Under the act, private citizens can bring suit on behalf of the government for false claims and share in any recovery. Mr. Martin will receive $798,675 from the recovery announced.
This case was investigated by Special Agents of the Defense Criminal Investigative Service and U.S. Department of the Army Criminal Investigation Command’s Major Procurement Fraud Unit, with assistance from the Defense Contract Audit Agency. The civil settlement was reached by Assistant United States Attorney Christopher J. Huber and Trial Attorneys from the Department of Justice Civil Division’s Commercial Litigation Branch.
The lawsuit is captioned United States ex rel. Martin v. L-3 Communications Corp., et al., 1:10-CV-1622-CAP (N.D. Ga.). The claims resolved by the settlement are allegations only; there has been no determination of liability.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division is http://www.justice.gov/usao/gan/.
Columbia Man Indicted for Drug Trafficking, Firearm Found in Bed with InfantRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Columbia, Mo., man was indicted by a federal grand jury today for drug trafficking and illegally possessing a firearm. At the time of his arrest, law enforcement officers discovered illegal drugs and several firearms at this residence, including a firearm hidden under a pillow on a bed where an infant lay.
Ramelus D. Bradley, 34, of Columbia, Mo., was charged in a three-count indictment returned by a federal grand jury in Jefferson City, Mo. Today’s indictment replaces a federal criminal complaint that was filed against Bradley on Aug. 21, 2015.
The federal indictment charges Bradley with one count of possessing cocaine with the intent to distribute and one count of possessing crack cocaine with the intent to distribute. Both offenses allegedly occurred on Aug. 21, 2015.
Today’s indictment also alleges that Bradley was in possession of a Ruger 9mm pistol on Aug. 21, 2015.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Bradley has two prior felony convictions for distributing a controlled substance, two prior felony convictions for trafficking drugs, two prior felony convictions for resisting arrest and a prior felony conviction for possessing a controlled substance.
According to an affidavit filed in support of the original criminal complaint, law enforcement officers conducted surveillance on Bradley and executed a search warrant at his residence on Aug. 21, 2015. After officers knocked on the front door, announced their presence with a state search warrant, and received no response, a forced entry was made into the residence. Officers immediately saw Bradley (the sole adult occupant of the residence) standing in the living room in his underwear. Officers later determined that Bradley had been within arm’s reach of three firearms at the time of their entry into the residence. Officers observed approximately 22 grams of marijuana at Bradley’s feet on the living room floor in plain sight. During a protective sweep of the residence, officers discovered two infants in an upstairs bedroom.
During their search of the residence, officers discovered and seized three firearms and ammunition from the living room, and one firearm under a pillow on the bed in the upstairs master bedroom. One of the infants was laying on this bed, and the other infant was in a baby swing in the same room. Officers also seized $12,258 from a pocket of Bradley’s shorts, and approximately 22 grams of marijuana from the living room floor.
Officers also discovered approximately 6.5 ounces of cocaine, numerous unidentified pills, and marijuana, all of which had been pre-packaged for sale, as well as a digital scale with cocaine residue, inside the center console of Bradley’s pick-up.
The indictment also contains a forfeiture allegation, which would require Bradley to forfeit to the government any property derived from the proceeds of the alleged offenses, including $12,258 that was seized by law enforcement officers.
Dickinson cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Special Assistant U.S. Attorney Stuart J. Zander. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Boone County, Mo., Sheriff’s Department.
Colorado Man Sentenced for Illegally Trafficking in PaddlefishRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Colorado man was sentenced in federal court today for illegally trafficking in paddlefish caviar after being caught in an undercover operation in the Warsaw, Mo., area.
In support of Missouri’s paddlefish conservation efforts, the U.S. Fish and Wildlife Service and the Missouri Department of Conservation conducted a covert investigation, “Operation Roadhouse,” centered on an area known as the Roadhouse in Warsaw. As part of the covert operation, state and federal officers operated a paddlefish snagging business. Covert officers also sold paddlefish to people who were interested in buying them.
Felix Baravik, 49, of Aurora, Colorado, was sentenced by U.S. Magistrate Judge Matt J. Whitworth to three years of probation and ordered to pay a $5,000 fine. The first three months of probation will be served as home detention, and Baravik shall not fish, or accompany anyone fishing, anywhere in the world during the term of his probation. Baravik must also perform 500 hours of community service.
On Aug. 20, 2014, Baravik pleaded guilty to a misdemeanor charge of illegally trafficking in paddlefish, in violation of the Lacey Act.
Baravik admitted that he traveled from Colorado to Missouri on April 16, 2012. On that day, he and his co-conspirators met with covert Fish and Wildlife Service agents posing as fishermen who had a boat, which they were going to use to fish for paddlefish. During that conversation, conspirators exchanged telephone numbers with the covert agents and Baravik told the covert agents to call if they caught a paddlefish. Conspirators purchased two female paddlefish from the covert agents. Conspirators also purchased three more female paddlefish from other sources and harvested paddlefish in excess of the Missouri take and possession limits. They processed the eggs from all of those paddlefish into caviar and transported them from Missouri to Colorado.
Co-defendants Arkadiy Lvovskiy, 54, of Aurora, Colo., and Dmitri Elitchev, 49, of Centennial, Colo., have pleaded guilty to participating in a conspiracy to illegally traffic in paddlefish and paddlefish eggs in violation of the Lacey Act. Co-defendant Artour Magdessian, 48, of Lone Tree, Colo., pleaded guilty to trafficking in paddlefish and paddlefish eggs in violation of the Lacey Act.
Lvovskiy and Elitchev admitted that in April 2011 they traveled to Warsaw, where they illegally purchased five female paddlefish and a container of paddlefish eggs. They processed the eggs from all of those paddlefish into caviar and transported them from Missouri to Colorado. Lvovskiy and Elitchev also admitted that they returned to Warsaw in March 2012 and purchased eight more female paddlefish. They processed the eggs into caviar and transported them from Missouri to Colorado. Lvovskiy, Elitchev, and Magdessian again traveled to Warsaw in April 2012 with Baravik.
The retail value of the paddlefish caviar at issue in this case is estimated to be between $30,000 and $50,000.
The Lacey Act
The Lacey Act is a federal statute which makes it unlawful for any person to import, export, transport, sell, receive, acquire or purchase fish that were taken, possessed, transported or sold in violation of any law or regulation of any state, or to attempt to do so. Such conduct constitutes a felony crime if the defendant knowingly engaged in conduct involving the purchase or sale, offer to purchase or sell, or intent to purchase or sell, fish with a market value in excess of $350, knowing that the fish were taken, possessed, transported or sold in violation of, or in a manner unlawful under, a law or regulation of any state.
Paddlefish Trafficking
The American paddlefish (Polydon spathula), also called the Mississippi paddlefish or the “spoonbill,” is a freshwater fish that is primarily found in the Mississippi River drainage system. Paddlefish eggs are marketed as caviar. Paddlefish were once common in waters throughout the Midwest. However, the global decline in other caviar sources, such as sturgeon, has led to an increased demand for paddlefish caviar. This increased demand has led to over-fishing of paddlefish, and consequent decline of the paddlefish population.
Missouri law prohibits the transportation of paddlefish eggs which have been removed or extracted from a paddlefish carcass. Missouri law also prohibits the sale or purchase, or offer of sale or purchase, of paddlefish eggs. There are also several restrictions on the purchase and possession of whole paddlefish in Missouri.
This case is being prosecuted by Senior Trial Attorney James B. Nelson of the Department of Justice’s Environmental Crimes Section and Assistant U.S. Attorney Lawrence E. Miller of the U.S. Attorney’s Office for the Western District of Missouri. It was investigated by the U.S. Fish and Wildlife Service and the Missouri Department of Conservation, with assistance by the Oklahoma Department of Wildlife Conservation.
City of Compton Becomes Part of Justice Department-Sponsored Violence Reduction NetworkRead the Press Release
LOS ANGELES – United States Attorney Eileen M. Decker and Los Angeles Sheriff Jim McDonnell today announced that the City of Compton has been selected to become part of the Violence Reduction Network, a Justice Department program that focuses on providing effective assistance to cities most affected by chronic violence.
Compton becomes part of the second group of cities to become part of VRN, which was launched last year to create opportunities for cities to directly engage with the United States Department of Justice in developing strategies to combat chronic, violent crime. The two-year program will enable Sheriff’s Department officials at the Compton Station to work closely with the Department of Justice and city officials to address 12 key areas, including gang violence and prevention, human trafficking, mental illness and homelessness, at-risk youth and trust-building in the community.
“This initiative presents a unique opportunity to work in partnership with the United States Attorney’s Office, our federal law enforcement partners, community leaders, and the City of Compton as we work together to develop enhanced strategies for violence reduction” said Sheriff McDonnell. “While we have made many great strides over the years in addressing violent crime in the Compton community, we know all too well that challenges remain and we owe it to the men, women and children of Compton to develop new thinking that will enable us to be doing more on their behalf. I am confident that today’s launch will not simply improve public safety in the City of Compton, but also make crime reduction strategies in Compton a model for other cities around the nation.”
United States Attorney Decker commented: “For decades, Compton has been deeply affected by violence linked to gangs and other criminal activity. The residents of Compton deserve safe neighborhoods and parks where their children can play. We are committed to helping city officials and Sheriff McDonnell make meaningful and long-lasting improvements to the daily lives of Compton residents.”
Compton is one of five cities selected today by the Justice Department as partners in the fight against chronic violence (see: http://go.usa.gov/3zbtR).
As part of the Violence Reduction Network, an Assistant United States Attorney has been designated to work out of the Sheriff’s Department’s Compton Station to coordinate resources. The United States Attorney’s Office also will work closely with the Los Angeles County District Attorney’s Office to coordinate criminal prosecutions in federal and state courts.
Four Justice Department agencies have committed significant resources and will work closely with the Sheriff’s Department. Those agencies are the Federal Bureau of Investigation; the United States Marshals Service; the Drug Enforcement Administration; and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Violence Reduction Network will provide the Sheriff’s Department with technical assistance and access to resources as part of a robust violent crime strategy that will be supported by federal law enforcement agencies. The Justice Department program seeks to maximize resources to ensure that cities dealing with chronic violence have a strategic way to access resources such as training and exposure to evidence-based best practices across the country. Compton was selected to be part of VRN, in part, because of LASD Sheriff McDonnell’s recognition of the value and benefits presented by this unique opportunity, as well as the deep commitment of LASD and local government officials to partnerships and civic engagement aimed at crime reduction.
For the next two years, the Sheriff’s Department and the City of Compton will benefit in a number of ways. The core components of the Violence Reduction Network include expedited access to subject matter experts who can provide training and insight into the critical issues – such as use of force, community trust-building and information sharing with peer-to-peer exchanges – that can provide a more thorough understanding of what drives violent crime and what solutions have worked in other cities.
In addition to access to training and evidence-based solutions to community-building and crime reduction, the Violence Reduction Network also enables Compton Station’s gang enforcement, narcotics detectives and cyber-crimes teams to strategically partner with Justice Department components on intelligence gathering, sharing, warrants service and major operations.
Caldwell Man Sentenced to 46 Months in Prison for Conspiring to Distribute MethamphetamineRead the Press Release
BOISE –Marcus Emilio Villarreal, 27, of Caldwell, Idaho, was sentenced today to 46 months in prison for conspiring to distribute methamphetamine, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Villarreal to serve five years of supervised release following his release from prison. Villarreal pleaded guilty on July 6, 2015.
According to the plea agreement, Villarreal admitted that he began working with others to distribute methamphetamine in approximately October 2013. The coconspirators provided Villarreal with methamphetamine that he would sell before receiving additional methamphetamine. Law enforcement officers seized 123 grams of methamphetamine from a coconspirator in November 2013. Villarreal is a documented gang member and during the court hearing today, Judge Winmill ordered Villarreal to have no contact with gang members upon release from prison.
The case was investigated by the Treasure Valley Metro Violent Crimes Task Force, the Caldwell Police Department, and the Idaho State Police. The Metro Task Force is comprised of federal, state and local agencies, including the Federal Bureau of Investigation; Bureau of Alcohol, Tobacco, Firearms and Explosives; Boise Police Department; Ada County Sheriff’s Office; Caldwell Police Department; Nampa Police Department; Meridian Police Department; Canyon County Sheriff’s Office; and the Idaho Department of Correction.
The case was prosecuted by the Special Assistant U.S. Attorney hired by the Treasure Valley Partnership and the State of Idaho to address gang crimes. The Treasure Valley Partnership is comprised of a group of elected officials in southwest Idaho dedicated to regional coordination, cooperation, and collaboration on creating coherent regional growth. For more information, visit treasurevalleypartners.org.
Buffalo Man Charged with Assaulting A Probation OfficerRead 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 John Hunt, 39, of Buffalo, NY, was charged by criminal complaint with assault of a federal officer. The charge carries a maximum sentence of eight years in prison, a fine of up to $250,000, or both.Assistant U.S. Attorney Caleb J. Petzoldt, who is handling the case, stated that according to the complaint, on September 11, 2015, two U.S. Probation officers went to the defendant’s home on Sweet Avenue in Buffalo to conduct an unscheduled home visit. While attempting to make contact with Hunt, one of the officers noticed a strong smell of gas and a gas shutoff notice on the porch. The officer asked the defendant to step put on the porch to talk. The Buffalo Police and Fire Departments were also called to investigate the smell of gas coming from the residence.
The complaint further states that when Buffalo Police and Fire arrived, Hunt became agitated. As a result, one of the officers attempted to handcuff the defendant but Hunt refused the order to place his hands behind his back and attempted to go back into the residence. In doing so, the defendant struck one of the officers twice in the face, once on the side of the head and once in the mouth. As a result, the officer suffered a scalp bruise and an injured jaw.
The defendant made an initial appearance this morning before U.S. Magistrate Judge Jeremiah J. McCarthy and is being detained.
The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and Buffalo Fire Department, under the direction of Commissioner Garnell Whitfield.
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.
Billings Man Sentenced for Child PornRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Billings, Mo., man was sentenced in federal court today for receiving and distributing child pornography over the Internet.
James Hayden McClelland, 22, of Billings, was sentenced by U.S. District Judge Brian C. Wimes to five years in federal prison without parole.
On May 19, 2014, McClelland pleaded guilty to receiving and distributing child pornography. Law enforcement officers executed a search warrant at McClelland’s residence on Aug. 16, 2012, and discovered videos and images of child pornography. McClelland admitted that he used peer-to-peer file-sharing software to download child pornography over the Internet.
This case is being prosecuted by Assistant U.S. Attorney James J. Kelleher. It was investigated by the Springfield, Mo., Police Department, the FBI and the Southwest Missouri Cyber Crimes Task Force.
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."
Bakersfield, California, Man Indicted for Racial Intimidation and Firearm ChargesRead the Press Release
A federal grand jury returned a four-count indictment today against Justin Whittington, 24, of Bakersfield, California, charging him with interfering with a person’s housing rights because of his race, color or national origin by use of force or threat of force, use of a firearm during a crime of violence, unlawful possession of a prohibited firearm and making a false statement to a special agent of the FBI, announced Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division, and U. S. Attorney Benjamin B. Wagner of the Eastern District of California.
According to court documents, on Dec. 19, 2012, Whittington shouted racist slurs at a Latino man outside the Latino man’s home in Oildale, California, and fired a sawed off shot gun in an attempt to intimidate and interfere with the victim’s occupancy of his home because of his race, color or national origin.
This case is the product of an investigation by the FBI and the Kern County, California, Sheriff’s Office. Trial Attorney Samantha Trepel of the Justice Department’s Civil Rights Division and Assistant U. S. Attorney Brian K. Delaney of the Eastern District of California are prosecuting the case.
If convicted, Whittington faces a maximum statutory penalty of life in prison and a $250,000 fine.
An indictment is merely an accusation, and the defendant is presumed innocent unless and until proven guilty.
Bakersfield Man Arrested for Hate Crime, Firearm, and False Statement ChargesRead the Press Release
BAKERSFIELD, Calif. — Justin Whittington, 24, of Bakersfield, was arrested today charged with interfering with a person’s housing rights because of his race, color, or national origin by use of force or threat of force, use of a firearm during a crime of violence, unlawful possession of a prohibited firearm, and making a false statement to a special agent of the Federal Bureau of Investigation, announced Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division, and U.S. Attorney Benjamin B. Wagner.
On September 24, 2015, a federal grand jury returned the four-count indictment, which was unsealed after Whittington’s arrest. According to the indictment, on December 19, 2012, Whittington shouted racist slurs and fired a sawed-off shotgun at a Latino man while the man and his family were standing outside their home in Oildale. The indictment alleges that Whittington took these actions in an attempt to intimidate and interfere with the victim’s occupancy of his home because of the victim’s race, color or national origin.
The indictment further states that Whittington later made false statements to an FBI agent when he falsely claimed that on the evening of the incident, he had been paid by someone to keep the sawed-off shotgun in the trunk of his car.
“The use of racially motivated violence and threats of violence to intimidate persons in connection with their choice of housing is a criminal act,” said United States Attorney Wagner. “Investigating and prosecuting those who violate the civil rights of others will continue to be one of the core missions of this office.”
This case is the product of an investigation by the Federal Bureau of Investigation and the Kern County Sheriff’s Office. Assistant U.S. Attorney Brian K. Delaney is prosecuting the case with the assistance of Trial Attorney Samantha Trepel of the Justice Department’s Civil Rights Division.
If convicted, Whittington faces a maximum statutory penalty of life in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Amarillo Men Face Lengthy Federal Prison Terms After Admitting They Trafficked Large Quantity of Liquid MethamphetamineRead the Press Release
AMARILLO, Texas — Richard Madrigal, 42, and Damian Erik Alcala, 37, both of Amarillo, Texas, appeared this morning in federal court before U.S. District Judge Mary Lou Robinson and each pleaded guilty to one count of conspiracy to possess with intent to distribute and distribute 500 grams or more of methamphetamine, announced U.S. Attorney John Parker of the Northern District of Texas.
Each has been in federal custody since his arrest this summer on a related federal criminal complaint. Each faces a statutory penalty of not less than 10 years and up to life in federal prison and a $10 million fine. A sentencing date was not set.
According to documents filed in the case, law enforcement learned that a green Chevy Blazer, with Chihuahua registration, was to arrive in Amarillo from El Paso, Texas, and that the vehicle was transporting a methamphetamine solution concealed in its fuel tank. On July 17, 2015, law enforcement observed Alcala, driving a white Toyota Camry, and Madrigal, driving a green Chevy Blazer, arrive at a residence on Houston Street in Amarillo. Shortly thereafter, both left the residence in the white Camry. Several minutes later, they returned to the residence and Madrigal left in the white Camry. When officers with the Amarillo Police Department arrived to secure the residence, Alcala fled on foot. Officers with the Amarillo Police Department apprehended Madrigal and brought him back to the residence.
During the subsequent execution of a search warrant at the residence, law enforcement found three Tupperware containers containing crystal methamphetamine in the kitchen. Two semi-automatic pistols were also found in the residence.
When law enforcement searched the green Chevy Blazer that was parked in the garage, they removed its fuel tank and extracted approximately 84 pounds of liquid methamphetamine from the fuel tank.
The Drug Enforcement Administration, the Amarillo Police Department, the Federal Bureau of Investigation and the Texas Department of Public Safety are investigating. Assistant U.S. Attorney Joshua Frausto is in charge of the prosecution.
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