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4 November 2015
Man Sentenced for Aiming Laser Pointer at an AircraftRead the Press Release
WILMINGTON - United States Attorney Thomas G. Walker announced that today in federal court, Senior United States District Judge James C. Fox sentenced CHRISTOPHER LEE FUNK, 35, of Concord, North Carolina to 5 years probation and 200 hours of community service.
FUNK was named in an indictment charging him with knowingly aiming the beam of a laser pointer at an aircraft in flight (a helicopter), in violation of the provisions of Title 18, United States Code, Section 39A. On May 11, 2015, FUNK pleaded guilty to this charge.
According to the investigation, on May 6, 2014, at the Cape Fear Regional Jetport in Oak Island, North Carolina, a student pilot and flight instructor was completing a nighttime cross country training flight in a helicopter. At approximately 12:10AM, as the student was attempting a practice landing as part of his training, the helicopter cockpit was struck with a green laser.
FUNK, who at the time was outside a residence near the airport, aimed the beam of a hand-held laser at the helicopter and maintained the beam on the cockpit as it descended from about 600 feet. When the laser hit the acrylic bubble windscreen, the beam refracted and lit up the cockpit with bright green light, making it very difficult to see both inside and outside the cockpit. The student was able to maintain control of the helicopter and land safely land on the runway.
The student needed to make another landing for his training, so to avoid the area where the laser appeared to originate, the instructor and student attempted to land further away, at the southern end of the runway. However, Funk again aimed the laser at the helicopter, striking the cockpit and blinding the student and instructor. The student was able to land safely, and the instructor immediately reported the incident to local law enforcement.
With the instructor’s assistance, officers with the Oak Island Police Department were able to determine the area within a residential neighborhood next to the airport where the laser originated. Officers approached the residence and encountered FUNK, and he admitted that he may have shined the laser at the helicopter. The laser device was seized by officers after it was turned over by another individual at the residence.
The case was investigated by the Oak Island Police Department and the Federal Bureau of Investigation. Assistant United States Attorney Eric D. Goulian prosecuted the case for the government.
Mahoning Valley man face federal firearms chargesRead the Press Release
Two men from the Mahoning Valley face federal firearms charges, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio
Indicted are Chance D. Wells, 25, of Warren, and Arian O’Connor, 38, of Youngstown. Both are charged with being a felon in possession of firearms in unrelated cases.
Wells possessed a Ruger, Model P85 MKII, 9mm pistol, and a Mossberg, Model 146B, .22 caliber rifle, and ammunition, on September 4, 2015, despite prior convictions for conspiracy to distribute heroin and failure to comply, according to the indictment.
O'Connor, also known as Noble Bullhorn Sirius O’Connor Bay, possessed a Maddi Company, Model Arm, 7.62 rifle on or about August 12, 2015, O’Connor, despite prior convictions for felonoius assault and two convictions for being a felon in possession of a firearm, according to the indictment.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
These cases are being prosecuted by Assistant U.S. Attorney David M. Toepfer following investigations by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Youngstown Police Department and the U.S. Probation Office.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Leader of Massive Heroin Trafficking Group Sentenced to 30 Years in PrisonRead the Press Release
NORFOLK, Va. – Alonzo Outten, 35, of Portsmouth, was sentenced today to 360 months in prison for his leadership and involvement in a heroin trafficking operation that was responsible for the distribution of between 30 and 90 kilograms of heroin with an estimated street value between $1.5 and $4.5 million dollars.
Outten, along with six of his co-conspirators, were indicted by a grand jury on July 8, 2015. In the early morning hours of July 14, 2015, search warrants were executed simultaneously on 14 properties in Portsmouth, Chesapeake, and Suffolk by more than 250 law enforcement officials from three states and the District of Columbia. On July 30, 2015, Outten, along with several of his co-conspirators, pleaded guilty for conspiracy to manufacture, distribute, and possess with intent to distribute in excess of one kilogram of heroin.
According to the statement of facts, Outten was the leader of an organization from November 2013 to July 2015 that managed the manufacturing and distribution of between 30 and 90 kilograms of heroin with an estimated street value between $1.5 and $4.5 million dollars. Outten managed six mid-level drug operatives who in turn managed approximately a dozen other individuals that either directly assisted or facilitated the trafficking and distribution of heroin.
Outten supplied kilogram amounts of heroin to at least two Bloods gang sets: the Imperial Gangsta Bloods led by “Godfather” Chris Smith, aka Killa, who pleaded guilty on July 28, 2015; and the Gorilla Mafia Piru gang led by Theodore Vann, aka Flatline, who pleaded guilty on June 25, 2015.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Mark R. Herring, Attorney General of Virginia; and John S. Adams, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after sentencing by U.S. District Judge Mark S. Davis.
This case was investigated by the FBI’s Norfolk Field Office and the Chesapeake Police Department with the assistance of the Portsmouth Police Department, the Virginia State Police, and the Naval Criminal Investigative Service. Virginia Assistant Attorney General and Special Assistant U.S. Attorney John F. Butler, and Assistant U.S. Attorneys Joseph E. DePadilla and Andrew C. Bosse prosecuted the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:15-cr-80 (Outten, et. al.); 2:15-cr-93 (Jackson); 2:15cr7 (Smith); and 2:15cr60 (Vann).
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Lawrenceville Man Charged with Attempting to Have Sex with 9-Year-Old ChildRead the Press Release
ATLANTA - Leonard Nathaniel Peragine, Jr., has been arraigned on federal charges of using the internet to entice a child for sexual activity, and distributing and possessing child pornography. Peragine was indicted by a federal grand jury on October 27, 2015.
“Peragine is accused of shopping online for sex with children,” said U.S. Attorney John Horn. “Such conduct is as dehumanizing as it is dangerous. Predators may feel safe in the anonymity of the internet, but this case shows that we will find these predators and bring them to justice.”
“The FBI Violent Crimes Against Children program continues to target and present for prosecution individuals such as Mr. Peragine who, as alleged in the federal indictment, would sexually exploit our nation's children. The FBI asks that anyone with information regarding child exploitation matters to contact their nearest FBI field office,” said J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office.
According to U.S. Attorney Horn, the charges, and other information presented in court: The defendant, Leonard Nathaniel Peragine, Jr., responded to a classified advertisement that was posted online that purported to offer sexual access to a child. The ad was posted by an undercover agent as part of an FBI investigation. While communicating with the undercover agent to arrange to have sex with the child, said to be a 9-year-old girl, Peragine sent child pornography videos to the undercover agent that depicted adult men committing sex acts on prepubescent children. Peragine sent the videos via messenger application in order to have the agent show the videos to the child to persuade her to have sex with the defendant.
Peragine later spoke with who he thought was the child and asked the child whether she had seen the videos, and whether she wanted to try those activities with him. After the child said she might be interested, Peragine arranged to meet the undercover agent and the child on September 29, 2015, at a location in Suwanee, Georgia. When Peragine showed up for the meeting, he was arrested and searched. Condoms were found in his car, and additional child pornography was located on his cell phone.
Leonard Nathaniel Peragine, Jr., 32, of Lawrenceville, Georgia, was arraigned before United States Magistrate Judge Russell G. Vineyard.
Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the Federal Bureau of Investigation.
Assistant United States Attorney John S. Ghose is prosecuting the case.
This case is being brought as part of Project Safe Childhood. In February 2006, the Attorney General launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices around the country, Project Safe Childhood marshals federal, state and local resources to apprehend and prosecute individuals who exploit children. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Kent County Tax Return Preparer, Yashica Toshian Tucker, Sent to Prison for Filing A False Claim Against the U.S. GovernmentRead the Press Release
Yashica Tucker also ordered to pay $196,784 in restitution to the IRS
GRAND RAPIDS, MICHIGAN — Grand Rapids resident Yashica Toshian Tucker, 40, was sentenced to one year and one day in federal prison for making a false claim against the U.S. Government, U.S. Attorney Patrick A. Miles, Jr. announced today. Chief U.S. District Judge Robert J. Jonker, who imposed the sentence, also ordered Tucker to pay restitution to the IRS in the amount of $196,784. U.S. Attorney Miles was joined in the announcement by Jarod J. Koopman, Special Agent in Charge of the Internal Revenue Service - Criminal Investigation.
Tucker was charged in April 2015 by a federal grand jury in a 10-count indictment that alleged she prepared and filed false federal tax refund claims between January 2011 and February 2013. Tucker pled guilty to one of those counts in August 2015. At the sentencing hearing today, Chief Judge Jonker held Tucker responsible for knowingly filing numerous false federal tax returns that fraudulently claimed refunds totaling $196,784. Tucker has agreed to be permanently barred from preparing or filing federal tax returns for anyone other than herself, and was ordered not to file returns on behalf of others during the three years she will be supervised by the U.S. Probation Office following release from prison.
This case was investigated by Special Agents of Internal Revenue Service Criminal Investigation and the U.S. Postal Inspection Service. Assistant U.S. Attorney Christopher O’Connor prosecuted the case on behalf of the United States.
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Justice Department Settles with Augusta County, Virginia, Regarding Polling Place Accessibility Under the Americans with Disabilities ActRead the Press Release
Today the Justice Department filed a proposed consent decree with Augusta County, Virginia, resolving claims that the county violated the Americans with Disabilities Act (ADA). The complaint, which was filed along with the consent decree, alleges that the county discriminated against voters with disabilities by failing to provide accessible polling places. Many polling places in Augusta County have architectural barriers that make them inaccessible to voters who use wheelchairs or have mobility impairments, or voters who are blind or have vision impairments.
“Voting is the cornerstone of our democracy,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division. “Through the ADA, the promise of equal voting rights for people with disabilities is fulfilled. Under this agreement, voters with disabilities in Augusta County can vote at the polling place near their home alongside their neighbors and friends, like other voters.”
“The ability of the people to participate in our elected system of government requires access for all to voting places,” said U.S. Attorney Anthony P. Giorno of the Western District of Virginia. “The agreement in this case represents a substantial step toward guaranteeing voting access to all of our citizens.”
Under the consent decree, which must be approved by the court, the county will make temporary changes for election day at many of its polling places and permanent changes to the Augusta County Government Center, to make these polling places accessible, before the March 2016 elections. Going forward, the county will select only polling place locations that are accessible on election day. The county will also provide training to poll workers and file reports with the Justice Department on its compliance. The county, which cooperated with the department in this matter, began to increase the accessibility of its polling places for yesterday’s election.
Title II of the ADA prohibits public entities, such as Augusta County, from discriminating against people with disabilities in their programs, services and activities. With respect to polling places, public entities are required to select and use polling places that are accessible. To learn more about ADA requirements for polling place accessibility or about the ADA and other laws protecting the rights of voters with disabilities, visit www.ada.gov/ta-pubs-pg2.htm.
Those interested in finding out more about the ADA can call the Justice Department's toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TDD), or access the ADA website at www.ada.gov.
Augusta County Complaint
Augusta County Consent Decree
Jury Finds Warehouse Manager and Truck Driver Guilty in Drug ConspiracyRead the Press Release
LAREDO, Texas – A federal jury sitting in Laredo convicted two Laredoans guilty of being involved in a conspiracy to possess with intent to distribute in excess of 1,000 kilograms of marijuana, announced U.S. Attorney Kenneth Magidson. The verdicts against Rafael Ortega aka Tio, 57, and Baltazar Ibarra Cardona aka Balta, 55, were returned last night following a three-day trial.
Both were found guilty of the conspiracy. Cardona and Ortega were also convicted of one and four counts, respectively, of possession with intent to distribute marijuana.
During trial, the government presented testimony from 13 witnesses and admitted more than 300 exhibits to prove their guilt in the drug conspiracy which occurred from June 2011 through June 2013. Ortega was a warehouse manager who allowed the Erasmo Trejo Nava drug trafficking organization to use the facility, while Cardona was one of several truck drivers used by the organization to transport marijuana from Laredo to Dallas.
Ortega was a warehouse manager in Laredo who, unbeknownst to his employer, made the building available for the loading and unloading of marijuana before and after business hours and on weekends. He received $3,000 on each occasion. Ortega allowed members of the drug organization to prepare the drug shipments using the warehouse and warehouse yard. A trailer would bring large wooden crates to the warehouse which were unloaded and readied for marijuana bundles to arrive from stash houses. As many as 138 bundles each weighing 20-40 pounds were unloaded at the warehouse and placed into the crates.
Surveillance showed Ortega meeting the co-conspirators at the warehouse and unlocking the gates to allow them access and entry. Testimony further revealed that Ortega used the warehouse forklift to assist the organization with unloading and loading of the crates into the trailers.
Evidence established that Ortega used his employer’s warehouse unload, load and transport approximately 6,394 kilograms of marijuana. 2,801 kilograms were eventually seized by law enforcement at the checkpoint, while 1,858 kilograms were seized from Cardona as he attempted to transport the drugs to Dallas.
Cardona was a commercial truck driver willing to transport marijuana loads for $15,000. He would pick up trailers loaded with the marijuana left at the warehouse for transportation to Dallas. loads. On a weekend in October 2011, the organization loaded four large crates with marijuana and placed them onto a trailer at the warehouse provided by Ortega. On Oct. 2011, Cardona drove a tractor to the warehouse and picked up the marijuana-loaded trailer to transport to Dallas, taking a longer route via Highway 83 to circumvent the IH-35 checkpoint in the hopes of evading law enforcement. However, he was stopped by a Zavala County deputy between Carrizo Springs and Uvalde with an expired driver’s license as well as expired insurance on the tractor. He also had a false bill of Lading showing that his cargo was destined to a hardware store in Abeline. A search of the tractor trailer revealed he was transporting 1,858 kilograms of marijuana. Evidence established that this had been Cardona’s third trip for the organization.
A total of 18 others previously pleaded guilty. Erasmo Abdon Trejo Nava, 43, Jose Angel Trejo, 42, Ovidio Rodriguez, 41, Victor Hugo Trejo Nava, 41, Francisco Colin, 41, and Salvador Saldaña-Medrano, 36, all of Laredo; Jaime Enrique Montalvo-Ruiz, 44, of Nuevo Laredo, Mexico; and Leocadio Ruiz, 47, of Dallas, entered pleas of guilty to conspiring to possess with intent to distribute more than 1,000 kilograms of marijuana and conspiracy to launder drug proceeds. Five others - Juan Manuel Vargas Aguilar, 45, Mario Albert Rodriguez, 29, and Ricardo Ramirez, 33, all of Laredo; Arturo Lozano, 47, of Dallas; and Joshua Sanchez, 32, of Nuevo Laredo – pleaded guilty to the conspiracy. Gerardo Moreno Recio, 48, of Nuevo Laredo, was convicted of two separate counts of possession with intent to distribute more than 100 kilograms of marijuana, while Laura Heredia Garcia, 50, of Nuevo Laredo; and Erika Alvarez, 38, Raquel Margarita Ramos Jimenez, 44, and Leslie Bernice Trejo, 22, all of Laredo, entered pleas of guilty to one count of conspiracy to launder drug proceeds.
The case against two others remains pending.
The charges were the result of a long term Organized Crime Drug Enforcement Task Force Investigation dubbed Operation Trena Sin Trono spearheaded by the Drug Enforcement Administration and IRS - Criminal Investigation with the assistance of Homeland Security Investigations, Laredo Police Department, Zavala County Sheriff’s Office. Assistant U.S. Attorney Mary Lou Castillo is prosecuting the case.
Jury Convicts Three of Marriage FraudRead the Press Release
ALBANY, NEW YORK – A jury voted yesterday to convict three people of entering into fraudulent marriages for the purpose of allowing two of them to unlawfully remain in the United States, announced United States Attorney Richard S. Hartunian and James C. Spero, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations.
Gaurav Mehta, age 35, a citizen of India, was convicted of one count of marriage fraud and two counts of immigration fraud. Isha Mehta, age 32, a citizen of India, also known as Isha Kamboj and Isha Johnson, was convicted of one count of marriage fraud and one count of immigration fraud. Mary Opoka, age 55, of Troy, New York, was convicted of one count of marriage fraud.
The Mehtas each face up to 10 years in prison on each of the immigration fraud convictions. Each defendant faces a maximum of 5 years in prison on their marriage fraud conviction. Senior United States District Court Judge Thomas J. McAvoy is scheduled to sentence the three defendants on March 14, 2016 in Albany.
The jury reached a verdict on November 3, after a 6-day trial.
The evidence at trial established: Gaurav and Isha Mehta were married in India in February 2006. They divorced in India in 2009, but then flew together, along with their child, to the United States, eventually settling in Menands, New York, and working together at a Menands gas station. The Mehtas came to the United States on 6-month tourist visas that expired in 2010; neither had authorization to stay in the United States.
In October 2011, Opoka, a U.S. citizen, and Gaurav Mehta, an alien unlawfully present in the United States as of January 2010, were married in Troy. The marriage was designed to enable Gaurav Mehta to stay in the United States. Because of the fraudulent marriage to a U.S. citizen, Gaurav Mehta was issued an employment authorization document and a conditional permanent resident card that he was not eligible to receive.
Isha Mehta, an alien unlawfully present as of January 2010, married Brandon Johnson, a U.S. citizen, in Troy in January 2013. Gaurav Mehta paid Johnson $2,000 to marry Isha. The marriage was designed to enable Isha Mehta to stay in the United States. Because of the fraudulent marriage to a U.S. citizen, Isha Mehta was issued an employment authorization document that she was not eligible to receive.
On March 12, 2014, Brandon Johnson pled guilty to marriage fraud; he is scheduled to be sentenced on February 17, 2016.
The case was investigated by Homeland Security Investigations with assistance from the Menands Police Department, and is being prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Jefferson City Man Sentenced for Distributing HeroinRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Jefferson City, Mo., man was sentenced in federal court today for distributing heroin.
Xavier Deprey Johnson, 32, of Jefferson City, was sentenced by U.S. District Judge Brian C. Wimes to 12 years and seven months in federal prison without parole.
On April 27, 2015, Johnson pleaded guilty to distributing heroin and to possessing heroin with the intent to distribute.
On July 30, 2013, Johnson distributed $100 of heroin to another person, who distributed it to an informant working with law enforcement. On Aug. 27, 2013, Johnson possessed heroin with the intent to distribute it to another person. This heroin was discovered during the execution of a search warrant at his girlfriend’s apartment.
According to court documents, Johnson admitted to law enforcement officers that he distributed hundreds of grams of heroin per month between June 2013 and August 2013. Johnson estimated that he distributed between 540 to 810 grams during that time.
This case was prosecuted by Supervisory Assistant U.S. Attorney Michael S. Oliver. It was investigated by the Drug Enforcement Administration and the Jefferson City, Mo., Police Department.
Honolulu Man Indicted for Murder of WifeRead the Press Release
HONOLULU – A federal grand jury today indicted Michael Walker, age 36, of Honolulu for murder in the first degree for the killing of his wife and a second charge of conspiring to do so. This superseding indictment joined Walker with Ailsa Jackson, age 25, who had previously been indicted for the same murder occurring between November 14 and 15, 2014, on Aliamanu Military Reservation on Oahu. Walker was arrested without incident by the Federal Bureau of Investigation (FBI), assisted by the Army Criminal Investigation Command (CID), after the indictment, and his initial appearance is set in U.S. District Court on November 5 at 11:00am.
Florence T. Nakakuni, United States Attorney for the District of Hawaii, said the superseding indictment alleges that:
- In September 2014, Walker expressed to Jackson his desire to have his wife "gone," after which Jackson said that one way to stage a killing was to make it look like a burglary.
- During a meeting on November 14, 2014, Jackson informed Walker that she was going to execute the killing that night, and Walker confirmed that he was working that night and gave Jackson instructions as to how she would know which method of entry into Walker’s home would work.
- Around midnight between November 14 and 15, Jackson entered Walker’s home on Aliamanu Military Reservation with the assistance of a key left near the rear entry of the house, grabbed a knife from the kitchen, and stabbed Walker’s wife multiple times, resulting in her death.
The maximum penalty if convicted of murder in the first degree is death, while the maximum penalty for conspiring to commit murder is life imprisonment. Charges and allegations contained in the superseding indictment are merely accusations, and each defendant is considered innocent unless and until proven guilty. The investigation of this case was conducted by the FBI, which has acknowledged the critical assistance of the Army CID. The prosecution is being handled by Assistant U.S. Attorneys Thomas Brady and Jill Otake and Special Assistant U.S. Attorney Sean Mahoney.
Harvey Homeowner Pleads Guilty to Theft of Home Elevation Grant FundsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that QUANG SMITH, age 65, of Harvey, pled guilty today to a one count Bill of Information charging her with theft of government funds.
According to documents filed in federal court, QUANG SMITH owned a home in Harvey. In August 2010, SMITH executed application documents with the HMGP program to receive federal grant funds to elevate her house in Harvey, Louisiana. The application was completed with the understanding that the grant monies would be used to elevate her house in Harvey, Louisiana.
In early 2011, SMITH received federal Home Mitigation Grant Program (“HMGP”) monies totaling $80,000 to elevate her house in Harvey. The monies were electronically transferred into her personal bank account for the elevation project. However, SMITH failed to use the grant monies to elevate her residence. Instead, she converted the federal funds for her own personal use and never elevated her home.
The maximum penalty for theft of government funds is ten years imprisonment and/or a fine of $250,000 or the greater of twice the gross gain to the defendant or twice the gross loss to the victim. U.S. District Judge Susie Morgan set sentencing for February 24, 2016.
U.S. Attorney Kenneth Polite praised the work of the Department of Homeland Security, Office of Inspector General in investigating this matter. Assistant United States Attorney, Richard R. Pickens, II is in charge of the prosecution.
Quang Smith - Factual Basis.pdf (108.59 KB)
Guatemalan Man Sentenced for Possession and Importation of Liquid Meth in Gas TankRead the Press Release
BROWNSVILLE, Texas – A 52-year-old man from Guatemala who was residing in Ciudad Hidalgo Chiapas, Mexico, has been ordered to federal prison for his two convictions of possessing with intent to distribute and importing methamphetamine, announced U.S. Attorney Kenneth Magidson. A jury convicted Hector Feliciano Lopez-Monzon following a three-day trial and less than two hours of deliberation on March 13, 2015,
Today, U.S. District Judge Hilda G. Tagle, who presided over the trial, ordered Lopez-Monzon serve a total of 292 months in federal prison. Not a U.S. citizen, he is expected to face deportation proceedings following his release from prison.
The case arose from a seizure at the international bridge in Los Indios on Dec. 26, 2014. On that date, a tractor trailer pulling an empty car hauler was found to have 378.5 kilograms of liquid methamphetamine in one of the diesel tanks. Testimony at trial revealed that a “cruzador” (crosser) had been hired at the Mexican border to cross the car hauler into the United States for delivery to a transmigrant forwarding company.
Transmigrants from Central America travel to the U.S. to buy vehicles, tractors and other items to export to their country for resale. The cruzador and another witness testified that cruzadors are routinely hired by transmigrants from Central America to drive the vehicles from the Mexican border to an importation/forwarding company in Los Indios.
Lopez-Monzon crossed into the United States the day after the tractor trailer seizure. He identified himself as the owner of the conveyance saying he had traveled in it with a companion from Guatemala through Mexico and then hired a cruzador to cross it into the U.S. He denied knowledge of the drugs. However, testimony at trial revealed he had false documentation regarding the tractor and car hauler. In addition, he gave an inconsistent version of how the traveled from Guatemala through Mexico.
The jury ultimately convicted him on the two charges.
Lopez-Monzon will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
This charges were the result of an investigation conducted by Homeland Security Investigations with the assistance of Customs and Border Protection. Assistant U.S. Attorneys Oscar Ponce and David Coronado are prosecuted the case.
Former Orleans Parish School Board Employee Sentenced for Conspiracy to Commit Federal Bribery and Honest Services Wire FraudRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ARMER BRIGHT, age 51, of Baton Rouge, a former employee of the Orleans Parish School Board (“OPSB”), was sentenced today after previously pleading guilty to the charge of conspiracy to commit bribery and honest services wire fraud.
U.S. District Judge Susie Morgan sentenced BRIGHT to one year plus one day incarceration, followed by one year of supervised release, and a $100 special assessment.
According to court documents, BRIGHT admitted that beginning in September 2013 and continuing until January 2015, he and others participated in a conspiracy to commit bribery and honest services wire fraud. BRIGHT further admitted that he initiated a scheme to defraud Orleans Parish and its citizens of honest services through bribery and a kickback scheme, whereby IRA THOMAS, an Orleans Parish School Board member, used his public office and official capacity to provide favorable treatment, including attempting to facilitate the awarding of a contract, that was designed to benefit the business and financial interest of an individual who provided him with a bribe and kickback in the form of cash payment disguised as a campaign contribution.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant U.S. Attorney Sean Toomey was in charge of the prosecution.
Former Husband, Wife Business Owners Sentenced for K2 DistributionRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that the owners of a head shop and liquor store in Queen City, Mo., were sentenced in federal court today for their roles in a mail fraud conspiracy related to the distribution of synthetic marijuana, commonly referred to as K2.
Jimmy Dean Moore, 50, and his ex-wife Tina Irene Moore, 45, both of Queen City, were sentenced in separate appearances before U.S. District Judge Brian C. Wimes. Jimmy Moore was sentenced to three years in federal prison without parole. Tina Moore was sentenced to two years and three months in federal prison without parole.
Jimmy and Tina Moore each pleaded guilty to participating in a conspiracy to commit mail fraud. The Moores and their co-conspirators devised a scheme to defraud the Food and Drug Administration and to defraud the public by claiming that synthetic cannabinoid products were “incense” and “not for human consumption,” when in fact these substances were synthetic cannabinoids that were intended for human consumption as a drug.
Between April 20, 2012, and Jan. 17, 2013, the Moores (who were married at the time) purchased synthetic marijuana from co-conspirators, which was delivered through FedEx. The Moores distributed the synthetic marijuana from Moore-4-You Variety Store, their head-shop and liquor store at 1108 Cedar Street in Queen City.
Based upon the invoices, bank records, and products seized by law enforcement, the Moores purchased approximately $145,999 of synthetic cannabinoid products from their co-conspirators, which they then sold through their business for approximately $291,999. In total, they sold multiple kilogram quantities of synthetic cannabinoid products.
The distribution of synthetic drugs from Moore-4-You was the dominant economic activity taking place at the business. Over a five-week period in July and August 2012, for example, they obtained $28,165 of synthetic drug inventory, compared to $6,568 of beer inventory and $2,324 of liquor inventory.
Co-defendant Charles Sterling Austin, Jr., 63, of St. Charles, Mo., pleaded guilty on Oct. 28, 2015, to participating in a money-laundering conspiracy. As the owner of Puff N Snuff, LLC, with two locations in Camdenton and Eldon, Mo., Austin also pleaded guilty to the same charge on behalf of the company. Austin admitted that he purchased synthetic marijuana from several sources and sold it in his smoke shop.
This case is being prosecuted by Supervisory Assistant U.S. Attorney Michael S. Oliver. It was investigated by the Drug Enforcement Administration, IRS-Criminal Investigation, Homeland Security Investigations, the Columbia, Mo., Police Department, the MUSTANG Task Force, the LANEG Drug Task Force, the Cole County, Mo., Sheriff’s Department, the Morgan County, Mo., Sheriff’s Department, the Camden County, Mo., Sheriff’s Department, the Camdenton, Mo., Police Department, the Missouri State Highway Patrol, the Kirksville, Mo., Police Department, the North Missouri Drug Task Force, the Schuyler County, Mo., Sheriff’s Department, the Edina, Mo., Police Department, the Linn County, Mo., Sheriff’s Department and the Brookfield, Mo., Police Department.
Former Home Depot Employees Sentenced to Prison for Identity Theft in Credit Card Fraud SchemeRead the Press Release
ATLANTA – Paulette Shorter and Lakisha Grimes have been sentenced to federal prison for stealing personal identifying information from fellow employees of The Home Depot, Inc. in order to submit fraudulent applications for credit cards.
“The defendants stole the very personal information they were entrusted to protect,” said U.S. Attorney John Horn. “They applied for fraudulent credit cards with personal identifying information taken from The Home Depot’s human resources database. Grimes and Shorter violated the trust of their employer and their fellow employees, and they did so to enrich themselves at the expenses of others.”
“The U.S. Secret Service and our law enforcement partners work tirelessly to protect consumers against identity theft fraud,” said Reginald G. Moore, Special Agent in Charge of the United States Secret Service, Atlanta Field Office. “These sentences should serve as a reminder that criminals will not get away with maliciously using their entrusted positions for personal gain.”
According to United States Attorney Horn, the charges, and other information presented in court: Paulette Shorter and Lakisha Grimes worked as Human Resources employees in the Atlanta, Georgia headquarters of the Home Depot, Inc., where they had access to employee databases containing employee names, Social Security numbers, and birth dates. The defendants used personal identifying information stolen from the Home Depot employee database and other sources to apply online for Capital One credit cards in the names of different individuals, including Home Depot employees and job applicants. Home Depot Corporate Security discovered the fraudulent scheme based on a tip from a Home Depot employee and reported the identity theft to federal investigators.
In total, thirty-two fraudulent Capital One credit card applications were submitted as part of the scheme using stolen personal identifying information, and two of the approved credit cards were mailed to Shorter’s and Grimes’s residences. Two of Shorter’s relatives used a credit card issued in the fraudulent scheme to purchase merchandise at several outlet stores.
Paulette Shorter, 32, of Orlando, Florida was sentenced on November 4, 2015, by United States District Court Judge Steve C. Jones to two years and one day in prison to be followed by three years of supervised release, and she was ordered to pay $166.90 in restitution to Capital One. Shorter was convicted on this charge on July 30, 2015, after she pleaded guilty.
Lakisha Grimes, 38, of Conyers, Georgia was sentenced on January 16, 2015, by United States District Court Judge Steve C. Jones to two years in prison to be followed by one year of supervised release. Shorter was convicted on this charge on November 3, 2014, after she pleaded guilty.
This case is being investigated by the United States Secret Service.
Assistant United States Attorney Nathan P. Kitchens is 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 home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division is http://www.justice.gov/usao/gan/.
Former Fugitive Convicted for Failure to AppearRead the Press Release
DAYTON – Lance Ealy, 29, of Dayton, was convicted of three counts of failure to appear. U.S. District Court Judge Thomas M. Rose issued his verdict today after a bench trial that took place on October 22, 2015.
A jury in the Southern District of Ohio convicted Ealy in November 2014 of buying stolen identities online and using the identities to file more than 150 fraudulent federal income tax returns seeking refunds to which he was not entitled.
Ealy failed to appear for his jury trial on November 17, 18 and 19, 2014. He became a fugitive on November 15, 2014, after he removed his electronic monitoring device and fled while under bond conditions. He was recaptured in late March 2015 in Georgia.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, United States Marshal Peter Tobin, Troy N. Stemen, Acting Special Agent in Charge, Internal Revenue Service Criminal Investigation (IRS), and Mark Porter, Special Agent in Charge, U.S. Secret Service, announced the verdict reached today.
According to court testimony in the jury trial, between approximately January 2013 and October 2013, Ealy electronically filed at least 150 fraudulent federal income tax returns, including returns filed using the personal information of others that he had unlawfully acquired from an illicit online source. Ealy opened dozens of bank accounts at multiple financial institutions using the names and social security numbers of other individuals – without their knowledge or permission – in order to electronically deposit the fraudulent tax refunds.
The jury convicted Ealy of 46 charges, including one count of illegally possessing 15 or more unauthorized access devices, 11 counts of filing false claims for income tax refunds with the IRS, 14 counts of wire fraud, 14 counts of aggravated identity theft, one count of mail fraud, and one count of using unauthorized access devices to obtain $1,000 or more in a one-year period. An access device includes things such as payment cards and bank account numbers used to access financial accounts.
Ealy faces up to 10 years in prison on each count of possessing 15 or more unauthorized access devices with intent to defraud and using unauthorized access devices to obtain items of $1,000 or more in value; up to five years in prison on each count of filing false claims for income tax refunds with the IRS; up to 20 years in prison on each count of wire fraud and each count of mail fraud; and mandatory two-year sentences on each count of aggravated identity theft that must run consecutive to whatever sentence may ultimately be handed down. Each count of conviction also carries a fine of up to $250,000. Ealy is scheduled to be sentenced before Judge Michael R. Barrett on November 20, 2015 for his convictions in the underlying case.
He faces a sentence of up to 10 years in prison for his failure to appear convictions, which must run consecutive to the sentence of imprisonment for any other offense. Judge Rose has scheduled sentencing in Ealy’s failure to appear case for February 6, 2016.
Ealy was initially charged in a federal complaint filed on October 28, 2013 following an investigation by Secret Service agents that revealed that Ealy had purchased stolen identities from an illicit online source. A federal grand jury initially indicted Ealy in November 2013, charging him with one count of knowingly possessing 15 or more access devices with intent to defraud.
U.S. Attorney Stewart commended the investigation of this case by the United States Marshals Service, Secret Service and IRS-Criminal Investigation agents, and Assistant U.S. Attorneys Alex R. Sistla and Andrew J. Hunt, who are prosecuting the case.
Former Executive Director of Zanesville's Center for Child and Family Development Pleads Guilty to Stealing Program FundsRead the Press Release
COLUMBUS, Ohio – Melissa Daley, 45, of Nashport, Ohio, pleaded guilty in U.S. District Court to one count each of filing a false income tax return with the Internal Revenue Service (IRS), wire fraud and money laundering.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Troy N. Stemen, Acting Special Agent in Charge, Internal Revenue Service Criminal Investigation (IRS), and Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Field Division, announced the plea entered into today before U.S. District Judge Gregory L. Frost.
According to court documents, since 1992 Daley acted as the Executive Director for the Center for Child and Family Development (CCFD), which was located in Zanesville, Ohio. CCFD, a non-profit organization, provided foster care and residential case services to children as well as adult care services.
In June 2009, on behalf of CCFD, Daley applied to the Ohio Department of Developmental Disabilities (DODD) to allow for CCFD to be a part of the Individual Options Waiver Program (I/O Waiver Program). This program allowed for continued care of adult individuals with mental or developmental disabilities and permitted qualified individuals to remain in their homes and obtain support for their disabilities rather than requiring them to live in an Intermediate Care Facility for the Mentally Retarded. The application was approved by DODD.
Between March 2011 and November 2012 Daley devised a scheme to defraud CCFD. Daley faxed a change of direct deposit form to the agency responsible for processing payments for the I/O Waiver Program, which was Ohio Shared Services (OSS). Included in the fax to the OSS was a request to change the direct deposit of I/O Waiver Program funds from the CCFD operating account into a different account. Daley included in her request a copy of a bank check and a bank letter purportedly signed by a bank representative confirming that the new account was a business account in the name of CCFD. However, the letter Daley submitted was fictitious, the bank representative was an individual who never worked for the bank and the bank account was not a business account in the name of CCFD, but rather, a personal checking account for Daley. In addition, Daley altered the bank check she submitted to OSS to make it appear as though the bank account belonged to CCFD and not to her. As a result of this fraudulent scheme, Daley received $71,977.31 of CCFD’s I/O Waiver funds that were deposited into her personal checking.
In addition, in August 2011, after having resigned from CCFD, Daley opened a new bank account in the name of CCFD and claimed she was the President of the organization. After opening the account, Daley again faxed a change of direct deposit form to OSS to have CCFD I/O Waiver Program funds deposited into her bank account. Once Daley received CCFD’s I/O Waiver funds she would immediately transfer the funds into another bank account in the name of Community Base Services, which was a newly formed entity created by Daley. As a result of this fraudulent scheme, Daley received an additional $296,115.00 of CCFD’s I/O Waiver funds into her personal bank account
Daley did not report any of CCFD’s I/O Waiver funds she fraudulently obtained on her 2011 or 2012 income tax returns. The total unreported income on Daley’s 2011 and 2012 income tax returns was $360,182.37 resulting in additional taxes due and owing to the IRS in the amount of $103,043.07.
“Operating a non-profit program does not give you a license to steal,” said Troy N. Stemen, Acting Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office. “The conduct detailed in this case was egregious. This program was designed to help children and adults with their much needed continued care, and this defendant defrauded them for her own personal gain.”
Filing a false income tax return with the IRS is punishable by up to five years in prison and a $250,000 fine. Wire fraud is a crime punishable by up to 20 years in prison and $250,000 fine. Money laundering carries a maximum sentence of 10 years in prison and a $250,000 fine.
U.S. Attorney Stewart commended the cooperative investigation by the FBI and IRS, as well as Assistant United States Attorney Kenneth F. Affeldt, who is representing the United States in this case.
Former Employee of Federal Reserve Bank of New York Pleads Guilty in Manhattan Federal Court to Theft of Confidential Information from the Federal ReserveRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, and Diego Rodriguez, Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today the guilty plea of JASON GROSS to the theft of confidential information from the Federal Reserve Bank of New York (“FRBNY”). Between July and September of 2014, without authorization, GROSS took confidential information from the FRBNY, which related to the FRBNY’s supervision of banks, and that GROSS obtained during the course of his employment with the FRBNY, and sent that information to a former supervisor at the FRBNY (“Individual-1”) who was then employed at an investment bank headquartered in New York, New York. GROSS entered his guilty plea today before U.S. Magistrate Judge Gabriel W. Gorenstein.
According to the Information filed today and other statements made in Manhattan federal court:
The Federal Reserve System (“Federal Reserve”) fulfills several roles in the nation’s economy, including managing the nation’s money supply through monetary policy, supervising and regulating banking institutions, and generally overseeing the stability of the financial system. The Board of Governors of the Federal Reserve (the “Board”) is the Federal Reserve’s main governing body, and the FRBNY is one of the banks that is part of the Federal Reserve. Among other things, the FRBNY supervises and conducts examinations of banks that are members of the Federal Reserve and bank holding companies. Federal regulations protect the disclosure of certain “confidential supervisory information” (“CSI”) related to the Board’s and the FRBNY’s supervision of banks, including reports of examination of banks and information derived from, related to, or contained in such reports.
During the relevant time period, GROSS was employed by the FRBNY. GROSS’s responsibilities at the FRBNY included assisting with the supervision of certain banks. Prior to April of 2014, GROSS and Individual-1 had worked together at the FRBNY. From at least July 2014, up to September 2014, at the direction of Individual-1, who had left the FRBNY and begun to work at an investment bank headquartered in New York, New York (the “Investment Bank”), GROSS emailed documents containing CSI (the “Confidential Documents”) to Individual-1. GROSS sent the Confidential Documents, which he obtained during and through his employment at the FRBNY, to Individual-1 without authorization from the Board or the FRBNY. Upon receiving the Confidential Documents from GROSS, Individual-1 utilized certain of the Confidential Documents in an effort to further Individual-1’s employment at the Investment Bank. In particular, Individual-1 disseminated certain of the Confidential Documents to other Investment Bank employees for the purpose of assisting with the Investment Bank’s work for its client banks.
For example, on August 10, 2014, Individual-1 sent GROSS a text message asking GROSS to send to Individual-1 particular Confidential Documents regarding two banks (“Bank-1” and “Bank-2”). Individual-1 further asked GROSS to send the documents to Individual-1’s personal email account. Thereafter, on August 19, 2014, GROSS sent one of the Confidential Documents (“Confidential Document-1”) from his personal email account to the personal email account of Individual-1. GROSS knowingly sent Confidential Document-1, which was labeled as confidential, to Individual-1 without authorization from the Board or the FRBNY. Confidential Document-1 related to the supervision of Bank-2, a bank that Individual-1 had previously been responsible for supervising when Individual-1 worked at the FRBNY. Notwithstanding that Individual-1 knew that Individual-1 was not entitled to receive or disseminate any Confidential Documents, Individual-1 sent Confidential Document-1 from Individual-1’s email account at the Investment Bank to the email accounts of other individuals employed by the Investment Bank. In a cover email attaching Confidential Document-1, Individual-1 told these employees that, with respect to certain supervisory issues, Confidential Document-1 “gives you [an] idea of what [the] Board was looking at . . . Please don’t distribute.”
* * *
GROSS, 37, of Bellmore, New York, pled guilty to one count of theft of government property the value of which property did not exceed $1,000 and faces a maximum sentence of one year in prison. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge. GROSS is scheduled to be sentenced by U.S. Magistrate Judge Gabrielle W. Gorentstein on March 2, 2016.
Mr. Bharara praised the investigative work of the FBI and thanked the FRBNY and the Board for their support and assistance with the investigation.
This case is being handled by the Office’s Complex Frauds and Cybercrime Unit.Assistant U.S. Attorneys Drew Johnson-Skinner and Sarah E. Paul are in charge of the prosecution.
Former Department of Defense Contractor Pleads Guilty to Soliciting and Receiving Kickback Proceeds Related to U.S. Government ContractRead the Press Release
The former director of operations of a Department of Defense contracting company in Washington, D.C., pleaded guilty today to soliciting and receiving $193,665 in kickback proceeds in return for steering U.S. government subcontracts to a U.K. company, announced Assistant Attorney General Leslie R. Caldwell of the Criminal Division and U.S. Attorney Dana J. Boente of the Eastern District of Virginia.
Robert W. Gannon, 54, of Bangkok, pleaded guilty to a one-count criminal information charging him with conspiracy to solicit and accept kickbacks. Gannon will be sentenced on Jan. 28, 2016.
According to his plea agreement, Gannon’s job responsibilities included identifying, evaluating and monitoring subcontracts. Gannon admitted that he used his position to arrange with executives of a U.K.-based company that they would make kickback payments to Gannon in return for a series of purchase orders Gannon’s company awarded in August 2009 with a total value of nearly $6 million. Those orders called for the provision of explosive ordinance disposal equipment to U.S. and NATO forces in Afghanistan. In return for his efforts, Gannon admitted that the U.K. company wired funds with a total value of almost $200,000 from bank accounts in the United Kingdom to Gannon’s account in Singapore.
The case is being investigated by the FBI, the Defense Criminal Investigative Service and the Special Inspector General for Afghanistan Reconstruction. The Criminal Division’s Office of International Affairs and the City of London Police provided significant assistance. The case is being prosecuted by Trial Attorney Wade Weems of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Mark Lytle of the Eastern District of Virginia.
Florida Investment Advisor Sentenced to 18 Months in Prison for Orchestrating $9 Million Investment Fraud SchemeRead the Press Release
A Tampa, Florida, area investment advisor was sentenced to 18 months in prison today for perpetrating a $9 million investment fraud scheme involving Facebook stock.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney A. Lee Bentley III of the Middle District of Florida, Special Agent in Charge Paul Wysopal of the FBI’s Tampa Field Office and Inspector in Charge Ronald J. Verrochio of the U.S. Postal Inspection Service (USPIS) Miami Division made the announcement.
Gignesh Movalia, 40, a registered investment advisor, was also ordered by Chief U.S. District Judge Steven D. Merryday of the Middle District of Florida to pay $5,394,419 in restitution and to three years of supervised release following his prison sentence. Movalia pleaded guilty on Aug. 13, 2015, to one count of investment advisor fraud.
In connection with his guilty plea, Movalia admitted that he founded OM Global Investment Fund LLC in 2009 and subsequently used the fund to defraud investors. Specifically, in 2011 and 2012, Movalia raised more than $9 million from 130 investors by falsely claiming to have access to pre-initial public offering shares of Facebook Inc. Rather than using this money to buy Facebook shares as promised, however, Movalia invested the money in other securities and concealed that fact from investors. By September 2013 when it went into receivership, the OM Global Fund lost approximately $9 million, with $6 million of those losses as a result of the fraud scheme.
The case was investigated by the FBI and USPIS, with assistance provided by the U.S. Securities and Exchange Commission’s Miami Regional Office. The case was prosecuted by Trial Attorney Andrew H. Warren of the Criminal Division’s Fraud Section.
Federal, State and Local Authorities Announce Formation of Task Force to Fight Human TraffickingRead the Press Release
United States Attorney Deirdre M. Daly, representatives from federal, state and local law enforcement, and social service agencies today announced the formation of the Connecticut Human Trafficking Task Force to combat commercial sexual and labor exploitation in Connecticut.
This Human Trafficking Task Force includes representatives from Homeland Security Investigations, the Federal Bureau of Investigation, the U.S. Department of Labor, the Connecticut State Police and police departments from 14 cities and towns across Connecticut, including Bridgeport, East Hartford, Greenwich, Hamden, Hartford, Milford, Naugatuck, New Haven, Norwalk, Stamford, Stratford, Waterbury, West Haven and Windsor Locks. Additional police departments have been or will be invited to participate and are also expected to join the Task Force.
Committed to a victim-centered model, the Task Force will partner with social service agencies and organizations, including the Connecticut Department of Children and Families and the International Institute of Connecticut, which help to identify and report suspected trafficking and then provide needed support for trafficking victims.
“Over the last several years, it has become increasingly clear that human trafficking, and particularly the sex trafficking of minors – the cruel victimization of defenseless young women and men – is a form of modern day slavery,” said U.S. Attorney Daly. “Despite the best efforts of law enforcement, this criminal activity grows apace with the proliferation of Internet marketplaces where sex with children can be bought and sold. This task force dramatically expands our resources by bringing together a broad group of trained and dedicated federal, state and local law enforcement authorities that will operate across jurisdictional boundaries throughout Connecticut. We are proud to be working collaboratively with the Department of Children and Families and the International Institute of Connecticut as these organizations provide critical support by identifying victims of these terrible crimes and giving them the support that they so desperately need.”
U.S. Attorney Daly noted that, in recent years, the U.S. Attorney’s Office for the District of Connecticut has prosecuted more than 20 individuals for sex trafficking offenses, most of which involved minor victims. On Monday of this week, defendant Edward Thomas was sentenced to 210 months of imprisonment for trafficking 16 and 17 year-old girls in Milford and Windsor Locks. Yesterday, a federal grand jury in New Haven returned an indictment charging Jordan Anate of New York with sex trafficking of a minor for more than four months in Connecticut and elsewhere.
The Task Force will be coordinated by Assistant U.S. Attorneys David Novick and Sarala Nagala who will lead monthly meetings with task force members to discuss investigatory leads and case developments. In December 2015, Homeland Security Investigations (HSI) will conduct a three-day training for a large group of police officers from participating departments and troopers from the Connecticut State Police. Law enforcement officers who complete the training will be deputized as federal task force officers.
“Close collaboration between federal, state, local and NGO partners is the most effective way to tackle the issues of human trafficking involving forced labor and the sex trade,” said Special Agent in Charge Matthew Etre of HSI Boston. “HSI’s victim-centered approach brings a unique perspective to the table that will blend well with the talented and resourceful people from our partner law enforcement agencies and local NGOs. Working together to go after the criminal element that preys on victims who are unable or unprepared to defend themselves is at the forefront of our public safety initiatives at HSI.”
“The FBI is proud to work alongside our local, state and federal partners, and today’s announcement of this joint Task Force should serve as a warning to all who participate in the depravity and exploitation of human beings for profit, that such behavior will be vigorously investigated by a group focused on their specific types of criminal behavior,” said FBI Special Agent in Charge Patricia M. Ferrick. “We intend to use every resource available to seek out and shut down those responsible for human trafficking in and around Connecticut.”
In October, the FBI and law enforcement partners conducted its ninth “Operation Cross Country,” a nationwide law enforcement action focusing on underage victims of prostitution. The most recent operation resulted in the recovery of 149 sexually exploited children and the arrests of more than 150 pimps and other individuals.
“The most important thing the Department has learned in the last four years fighting Domestic Minor Sex Trafficking is the need to coordinate our efforts with all the partners we possibly can to ensure that we are being our most effective,” said Department of Children and Families Commissioner Joette Katz. “That is why we have worked with thousands of law enforcement officials – from the FBI to local police departments around Connecticut – as well as medical, clinical and education professionals to make sure we are all informed and working together. This task force will be another big step forward in realizing such an effective partnership.”
“We are pleased to be partnering with law enforcement here in Connecticut as part of the U.S. Attorney’s Office’s Human Trafficking Task Force,” said Alicia Kinsman of the International Institute of Connecticut. “For nearly 10 years, the International Institute of Connecticut has worked to protect victims and is committed to eradicating human trafficking in our state. It is a horrendous crime; one that exploits vulnerable populations and deprives them of their rights and freedom. But with statewide coordination of law enforcement and victim service efforts, we know that here in Connecticut, we have the power to stop it.”
“The collaborative approach of the Task Force balances society’s need to ensure that justice is done for these despicable crimes, while at the same time meeting the needs of victims, who in far too many of these cases are only children,” said U.S. Attorney Daly.
U.S. Attorney Daly encouraged trafficking victims, and anyone who comes in contact with potential victims of trafficking, to call the National Human Trafficking Resource Center Hotline at 888-373-7888. The hotline is run by the Polaris Project under a federal grant. Hotline operators are trained to identify potential trafficking situations, and will immediately refer tips to law enforcement. Individuals can also send an email to [email protected].
Trafficking victims also are encouraged to text “BEFREE” to receive an immediate response and help from the National Human Trafficking Resource Center.
Ex-Postal Service Employee Pleads Guilty to FraudRead the Press Release
Ashton Luck, 29, from South Roxana, Illinois, pled guilty to a six-count Indictment that charged one count of workers compensation fraud and five additional counts of making false statements, Stephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced today. Luck faces up to thirty years in prison, a $250,000 fine, and up to three years supervision upon his release, plus mandatory restitution. Sentencing is scheduled for March 10, 2016.
As part of the plea, Luck admitted that while she worked for the U.S. Postal service as a mail carrier for the East Alton Post Office, she submitted a fraudulent workers compensation claim for a purported on-the-job injury. She also admitted that she submitted a number of false leave slips, fabricated a doctor's note and falsified hospital records in support of claimed emergency and sick leave.
The indictment is the result of an investigation conducted by the United States Postal Inspection Service, Office of Inspector General. The prosecution of the case is being handled by Assistant U.S. Attorney Norman R. Smith.
Eight Sentenced in Massive Stolen Identity Tax Refund Fraud SchemeRead the Press Release
HOUSTON – The eight defendants charged in this district in a scheme in which fraudulent tax returns were filed using identification information that was stolen and used without lawful authority have all been ordered to prison, announced U.S. Attorney Kenneth Magidson along with Postal Inspector in Charge Adrian Gonzalez of the U.S. Postal Inspection Service (USPIS) and Special Agent in Charge Rick Goss of IRS-Criminal Investigation (CI).
Travis White, 32, and Jalan Willingham, 35, both of Atlanta, Georgia, were the ring leaders in the conspiracy and both pleaded guilty to conspiracy to commit mail fraud, one count of wire fraud and aggravated identity theft. Shawn Phillip Thornton, 37, also of Atlanta, pleaded guilty to the conspiracy as did postal carriers Edward Dwayne Vallier, 42, of Houston, and Tangela R. Jackson-Lezeau, 36, of Port Saint Lucie, Florida. Another letter carrier - Calvin Shelton, 39, also of Atlanta - entered a guilty plea to the conspiracy as well as mail fraud, seven counts of wire fraud and two counts of aggravated identity theft. Two others - Kerry Lionel Ruffin, 32 and Rance Hunter, 31, both of Atlanta, pleaded guilty to the conspiracy and aggravated identity theft.
U.S. District Judge Keith P. Ellison accepted all the guilty pleas and imposed the sentences today. White and Willingham were ordered to serve 200 and 108 months, respectively, for the conspiracy and wire fraud charges as well as a consecutive 24-month-term of imprisonment on the identity theft which must be served consecutively to the other sentences imposed. Following the total 224 and 132-month-terms, White and Willingham will also serve three years of supervised release.
Shelton was ordered to serve 33 months in prison for the conspiracy and mail fraud charges in addition to a 24-month-term of imprisonment for the identity theft for a total of 57 months in federal prison. Vallier, Thornton and Jackson-Lezeau received respective sentences of 27, 45 and 46 months in prison. Ruffin and Hunter will serve 26 and 60 months, respectively, for the conspiracy convictions which will be served consecutively to another 24 months for the identity theft, resulting in sentences of 50 and 84 months in federal prison. They must all also serve three years of supervised release following their releases from prison.
The court ordered restitution in the total amount of $7,845,652, with the defendants paying varying amounts in accordance with their roles in the scheme.
At the hearing, a victim testified about the effect the defendants’ stealing her identity has had on her life. It resulted in her having tremendously bad credit which led to her having depression among other things.
The case against a ninth defendant - Dwayne Biggs - was transferred to the Northern District of Georgia. He also pleaded guilty and is awaiting sentencing.“USPIS has sought for hundreds of years those who use the Postal Service for illegal gain,” said Gonzalez. “This investigation was an excellent example of a partnership between federal law enforcement agencies working together to bring down this fraud conspiracy. I fully commend the hard work and countless hours put forth which resulted in bringing these individuals to justice.”
“Today’s sentencing should send a clear message that the U.S. government will not tolerate the systematic victimization of our citizens by identity thieves,” said Goss. “IRS-CI and our law enforcement partners are dedicated to fighting identity theft and the chaos it causes in the lives of the victims.”
From 2010 through 2013, the co-conspirators used the stolen personal identifying information to file thousands of fraudulent tax returns claiming more than $12 million in refunds. According to IRS records, the National Treasury paid out more than more than $7 million before the scheme was discovered.
White played a key role in recruiting and organizing and was considered the number one leader in this conspiracy. Not only did he recruit Shelton and Thornton, but he also gave instructions to co-conspirators on what to do in this scheme, acquired stolen information and filed the false tax returns. Additionally, once he recruited letter carriers, he instructed them to mail refund cards to him or Willingham. He also moved the scheme to Houston when he realized law enforcement was on their trail.
Willingham is considered to be the second in command. He entered into the conspiracy in 2010 when he was approached by White while in Georgia and continued with the scheme until their relocation to Houston in 2012. Not only did Willingham assist in the filing of the false tax returns, he recruited letter carriers and received the packages from Shelton as well. Willingham was also responsible for recruiting Vallier to participate in in this scheme and provided instructions to Shelton regularly.
While White and Willingham were the main leaders in this organization that committed tax fraud and identify theft on an unprecedented scale, in order for the conspiracy to function as efficiently as it did, they had to recruit trusted agents to assist them. Hunter had access to the Fulton County, Georgia, Sheriff’s Office database including names, birth dates and Social Security numbers of arrestees, inmate and employees. He sold that personally-identifiable information (PII) to Biggs who then provided it to Ruffin. Ruffin acted as a conduit, funneling the stolen PII to the co-conspirators in Houston. From 2010 through 2013, White and Willingham used the stolen PII to file thousands of fraudulent tax returns claiming more than $12 million in refunds. The tax refunds generated by the fraudulent returns were often deposited onto reloadable debit cards and mailed to addresses under control of the conspirators. Vallier, Jackson-Lezeau and Shelton allowed fraudulent refunds to be mailed to addresses on their routes. After gathering the mail containing the refund debit cards, they sent them to their co-conspirators in Houston.
Shelton, White, Willingham and Thornton are in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future, while Jackson, Vallier, Ruffin and Hunter were permitted to remain on bond and voluntarily surrender at a later date.
The charges were the result of a joint investigation conducted by USPIS and IRS-CI. Assistant U.S. Attorney Suzanne Elmilady is prosecuting the case.
Doctor Sentenced to 7 Years in Prison for Illegally Prescribing Narcotics, Defrauding Government ProgramsRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration for New England, and Phillip Coyne, Special Agent in Charge for the U.S. Department of Health and Human Services, Office of Inspector General, announced that DR. JOHN KATSETOS, 53, of Fairfield, was sentenced today by U.S. District Judge Vanessa L. Bryant in Hartford to 84 months of imprisonment, followed by three years of supervised release, for illegally dispensing oxycodone and other controlled substances well outside of the scope of accepted medical practice, and for defrauding government healthcare programs.
“Dr. Katsetos repeatedly violated his oath to protect his patients from harm,” said U.S. Attorney Daly. “He flooded our community with highly addictive controlled substances authorizing more than 2 million dosage units to more than 2000 patients. His criminal conduct, which included ignoring the warnings of a doctor and pharmacists that certain patients clearly showed signs of addiction, caused dozens of his own patients to fall prey to opioid addiction. At least one his former patients, who traveled approximately 180 miles from her home in New York to receive prescriptions from Dr. Katsetos, tragically died of an overdose. This long prison term appropriately reflects the devastating harm he has caused. The sentence will protect the community from this defendant and hopefully deter other medical practitioners who are inclined to put profit over patient health and safety.”
“The DEA is committed to investigating and bringing to justice those who divert and traffic oxycodone,” said DEA Special Agent in Charge Michael J. Ferguson. “Opiate abuse is a major problem in Connecticut and throughout New England. The diversion of prescription pain killers, in this case oxycodone, contributes to the widespread abuse of opiates, is a gateway to heroin addiction and is devastating our communities. This investigation demonstrates the strength of collaborative law enforcement efforts in Connecticut and our strong partnership with the U.S. Attorney’s Office to aggressively pursue anyone that illicitly distributes these drugs.”
According to court documents and statements made in court, KATSETOS practiced medicine for more than 20 years, most recently out of offices located at 90 Morgan Street in Stamford and 353 Bridgeport Avenue in Milford. The investigation, which included the use of undercover law enforcement personnel, revealed that KATSETOS failed to perform rudimentary examinations of patients to justify the controlled substances he prescribed, and that he had been warned by a doctor and several pharmacists, some of whom stopped filling his prescriptions, that he should stop prescribing oxycodone and other narcotic pain medications to certain patients who showed obvious signs of addiction. KATSETOS ignored the warnings and continued to prescribe controlled substances, including oxycodone, to these patients outside of the usual course of professional practice and not for a legitimate medical purpose.
The investigation further revealed that KATSETOS’s conduct created opioid addictions in dozens of patients, led to the overdose death of a New York woman, and supplied individuals with a vast quantity of prescription pills that they illegally distributed to others.
From November 2011 to October 2013, KATSETOS authorized more than 2 million dosage units of Schedule II through IV controlled substances to more than 2000 patients. This placed him as the eighth highest prescriber of such controlled substances in Connecticut – a list that includes hospitals. He was the highest-ranked general practitioner on the list.
KATSETOS also saw multiple patients at once and billed Medicare and Medicaid for individual visits for each of those patients.
“We expect doctors to be part of the solution to America's prescription drug fraud epidemic -- not part of the problem,” said Special Agent in Charge Phillip Coyne, U.S. Department of Health and Human Services, Office of Inspector General. “Dr. Katsetos violated the fundamental trust that taxpayers and patients extend to healthcare professionals. This sentencing should serve as a warning to those who would abuse their positions for personal gain.”
On May 1, 2015, KATSETOS pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute narcotics, and one count of health care fraud.
As part of the sentence, Judge Bryant ordered KATSETOS to pay $497,789 in restitution, and to forfeit $550,000, which represents the value of his medical practice.
KATSETOS was arrested on July 1, 2014, and has been released on a $1 million bond. At the conclusion of today’s court proceeding, he was remanded to begin serving his sentence.
This matter was investigated by the DEA’s New Haven Tactical Diversion Squad and the Office of Inspector General of the U.S. Department of Health and Human Services, with the assistance of the State of Connecticut Department of Consumer Protection Drug Control Division, and several local police departments. The case was prosecuted by Assistant U.S. Attorneys Rahul Kale and Alina Reynolds.
U.S. Attorney Daly encouraged individuals who suspect health care fraud to report it by calling 1-800-HHS-TIPS.
District Man Sentenced to 32 Months in Jail on Voyeurism and Stalking ChargesRead the Press Release
WASHINGTON – Daniel Rosen, 45 of Washington D.C., was sentenced today to 32 months of incarceration on charges stemming from a series of incidents between 2012 and 2014 in which he secretly took video recordings of women in various stages of undress by aiming his cellular phone through their apartment windows in Northwest Washington.
The sentencing was announced by U.S. Attorney Channing D. Phillips and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
Rosen, a former senior official of the U.S. State Department, pled guilty on July 29, 2015, in the Superior Court of the District of Columbia, to six counts of voyeurism and five counts of stalking. He was sentenced by the Honorable Rhonda Reid Winston to a total of 11 years in jail. The judge suspended all but 32 months of the time on the condition that he successfully complete five years of probation upon his release from jail.
“Daniel Rosen trawled city neighborhoods in the late-night hours, sneaking into alleys and aiming his camera into the windows of women who had no idea they were being recorded,” said U.S. Attorney Phillips. “This sexual exploitation and invasion of privacy took place over a period of years and shattered the victims’ sense of safety and security. This sentence holds him accountable for the harm he caused to so many women and hopefully will deter others from similar conduct.”
According to a factual proffer submitted at the plea hearing, over the course of a three-year period, Rosen purposefully positioned himself outside of the windows of women who resided in basement-level apartments that faced rear, isolated alleys. The women believed they were shielded from outside view by the use of curtains, blinds, or the fact that their windows were situated in enclosed, hard-to-access to areas, either behind fences, through back residential alleys, or down a flight of basement steps. Once positioned behind these women’s apartments, Rosen peered through their windows and used his iPhone to record them. The activities took place in the areas of Mount Pleasant, the U Street Corridor, and Adams Morgan.
Rosen recorded the women in various stages of undress, capturing some in the most intimate and private moments in their bedrooms and bathrooms. Several women had their blinds or curtains drawn, but Rosen was able to maneuver himself and his cell phone in between the cracks or small openings of the blinds to make his recordings.
All of the recordings took place during the late evening hours, thus enabling Rosen to hide in the shadows as he recorded these women in their lit bedrooms, bathrooms, kitchens, and living rooms. At times, Rosen would engage in this conduct while walking his dog, thus disguising his true intentions. None of the women were aware that Rosen was watching and recording them, and none gave Rosen permission to watch and record them. For several of these women, the defendant returned on more than one occasion to record their private moments.
In announcing the sentence, U.S. Attorney Phillips and Chief Lanier commended the work of those who investigated the case from the Metropolitan Police Department. In addition, they expressed appreciation for the efforts of those who worked on the case from the U.S. Attorney’s Office, including Criminal Investigator John Marsh, Victim/Witness Advocate Veronica Vaughan and Assistant U.S. Attorneys Lindsay Suttenberg and Andrea L. Hertzfeld, who investigated and prosecuted the matter.
District Man Pleads Guilty to Charges in Shootings That Targeted Two Off-Duty Metropolitan Police Department OfficersRead the Press Release
WASHINGTON – Romeo T. Hayes, 28, and his brother, Ronald J. Hayes, Jr., also known as “Rocky,” 20, of Washington, D.C., entered guilty pleas today to charges stemming from the shooting of Metropolitan Police Department (MPD) Detective Thurman Stallings, and the attempted shooting of MPD Officer Shaquinta Gaines, both of whom were off-duty.
The guilty pleas were announced by U.S. Attorney Channing D. Phillips and Cathy L. Lanier, Chief of the Metropolitan Police Department.
Under what is known as the Alford doctrine, Romeo T. Hayes pled guilty in the Superior Court of the District of Columbia to eight felonies and one misdemeanor. Specifically, he pled guilty to one count of assault with intent to kill stemming from the shooting of Detective Stallings; one count of possession of a firearm during a crime of violence; one count of assault with a dangerous weapon (gun); one count of unauthorized use of a motor vehicle; three counts of felony destruction of property; one count of fleeing from a law enforcement officer; and one count of misdemeanor destruction of property. Under an Alford plea, the defendant does not admit the allegations but agrees that the government has enough evidence to secure a conviction.
The plea, which is contingent upon the Court’s approval, calls for a 10-year prison sentence. The Honorable Jennifer Anderson scheduled sentencing for Feb. 19, 2016.
Ronald J. Hayes, Jr., who otherwise is serving a 12-year sentence for two counts of vehicular manslaughter in Prince George’s County, Md., pled guilty to one count of tampering with physical evidence. The plea, which is contingent upon the Court’s approval, calls for a sentence of 16 months in prison. He also is to be sentenced on Feb. 19, 2016.
According to the government’s evidence, on Tuesday night, Aug. 12, 2014, both Romeo T. Hayes and Ronald J. Hayes, Jr., together with several other individuals, were at a home in Glenarden, Md. Romeo Hayes was consuming tequila and also taking drugs known as “Mollies,” a toxic mixture of laboratory-created or synthetic chemicals that stimulates the central nervous system and causes euphoric highs similar to those created by ecstasy.
At some point, Romeo Hayes indicated that he wanted to go to a nightclub known as the Opera Ultra Lounge, in the 1400 block of I Street NW. Accordingly, in the early morning hours of Aug. 13, 2014, Romeo Hayes and another individual left the home to head to the nightclub. Romeo Hayes drove there in a red 2013 Nissan Altima that he knew recently had been stolen from a rental car agency at Ronald Reagan National Airport. Video footage from the nightclub captured Romeo Hayes and his companion entering the nightclub at about 12:50 a.m.
Video footage also captured Romeo Hayes and his companion leaving the Opera nightclub at approximately 2:24 a.m. Because Romeo Hayes had been drinking alcohol, and had consumed drugs known as “Mollies,” as well as some marijuana, the individual who was with Romeo Hayes obtained the car keys to the stolen red 2013 Nissan Altima and assumed the role as driver. Romeo Hayes sat in the front passenger seat. Romeo Hayes had a black Glock 17 9mm semi-automatic pistol with an extended magazine in the stolen red 2013 Nissan Altima.
The individual who was with Romeo Hayes started to drive back to the house in Glenarden, Md. As the individual drove outbound on Suitland Parkway in Southeast Washington, in the right lane, just before the exit for Alabama Avenue SE, at about 2:47 a.m., Romeo Hayes fired two or three gunshots from the window adjacent to the front passenger seat. The gunshots were directed at a white Nissan Maxima occupied by Officer Gaines, who was in the left lane and who was off-duty at the time and driving home. One of the bullets fired by Romeo Hayes struck the white Nissan Maxima, causing substantial damage to the car.
Thereafter, with Officer Gaines following behind, the individual who was with Romeo Hayes sped off and drove to Southern Avenue, where – in the left lane – he came to a stop light at the intersection of Southern and Pennsylvania Avenues SE. In the right lane, also at the stop light, was Detective Stallings, who was alone in a GMC Yukon Denali, and who was off-duty but on his way to work. From the front passenger seat, Romeo Hayes fired multiple gunshots at Detective Stallings, striking him with a bullet in the left forearm and inflicting significant damage to the driver-side of the GMC Yukon Denali.
Wounded, Detective Stallings rammed the red 2013 Nissan Altima in an effort to disable it and to prevent the shooter and any other occupants from escaping. When that occurred, the stolen red Nissan Altima pivoted in front of the GMC Yukon Denali. Romeo Hayes fired an additional volley of shots at Detective Stallings, striking him three additional times in the chest and shoulder area, and also damaging the windshield behind which he sat.
At the urging of Romeo Hayes, the individual who was with him managed to drive off. He turned left off of Southern Avenue onto Massachusetts Avenue. There, in the 4200 block of Massachusetts Avenue SE, just off of Southern Avenue SE, Romeo Hayes again began to shoot at the white Nissan Maxima occupied by off-duty Officer Gaines, who had been following them, who had reported the license tag number for the stolen red Nissan Altima to a 9-1-1 call-taker, and who had witnessed the collision between the Altima and the GMC Yukon Denali at the intersection of Southern and Pennsylvania Avenues SE.
After this third and last shooting, the individual who was with Romeo Hayes drove rapidly back to the house in Glenarden. He parked near that residence and ran inside, followed by Romeo Hayes. Inside the residence were Ronald Hayes, Jr., and several other individuals. The individual who was with Romeo Hayes quietly told Ronald Hayes, Jr., about the shootings, and expressed concern that Romeo Hayes fired gunshots for no apparent reason and may have killed someone. He also gave Ronald Hayes, Jr., the keys to the red 2013 Nissan Altima.
Romeo Hayes gave the Glock 17 9mm pistol with the extended magazine to his brother, who quickly concealed – and later hid – the gun. Romeo Hayes and Ronald Hayes, Jr., then began to argue. Their voices were elevated and firm. Ronald Hayes, Jr., demanded to know exactly what Romeo Hayes had done, and why. For his part, Romeo Hayes demanded the car keys for the stolen red 2013 Nissan Altima. Romeo Hayes said he wanted to purchase some gasoline and “blow the car up,” to degrade and devalue it as evidence. Following several minutes of loud argument, Romeo Hayes obtained the car keys from his brother.
Romeo Hayes then left and ran back to the stolen red 2013 Nissan Altima, which had suffered significant damage on the passenger side when it was rammed by the GMC Yukon Denali driven by Detective Stallings. Romeo Hayes drove off, and soon was spotted and followed by the police. Multiple police units, including MPD officers, Prince George’s County Police Department officers, and a United States Park Police helicopter, were involved in the pursuit of the stolen red Nissan Altima. Romeo Hayes drove at a high rate of speed, and attempted to elude the police during this pursuit.
The pursuit came to an end in the 5500 block of Hunt Place NE, between 3:45 a.m. and 4 a.m., where Romeo Hayes ultimately was arrested. He has been in custody ever since.
In announcing the guilty pleas, U.S. Attorney Phillips and Chief Lanier commended the work of the detectives of the Criminal Investigations Division Homicide Branch, crime scene officers, and the Sixth and Seventh Police Districts of the Metropolitan Police Department. They also commended the work of the FBI, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Prince George’s County, Md., Police Department, and a helicopter unit of the United States Park Police. They expressed appreciation of those who worked on the case from the U.S. Attorney’s Office, including Criminal Investigators Derek Starliper, Durand Odom, and Mark Crawford; Paralegal Specialist Debra Joyner; Investigative Analysts Shannon Alexis and Zachary McMenamin, and Assistant U.S. Attorneys Jocelyn Ballantine, Karen Seifert, John Marston, Lindsey Merikas, and Jessica Brooks. Finally, U.S. Attorney Phillips and Chief Lanier praised the work of Assistant U.S. Attorney Michael D. Brittin, who investigated and prosecuted the case.
Departments of Justice, Housing and Urban Development, and Health and Human Services Establish $2.3 Million Domestic Violence and Housing Technical Assistance InitiativeRead the Press Release
The Department of Justice, the Department of Housing and Urban Development (HUD) and the Department of Health and Human Services (HHS) today announced the launch of a federal Domestic Violence and Housing Technical Assistance Consortium to better address the critical housing needs of victims of domestic violence and their children. The three federal agencies are awarding a total of $2.3 million in grant funding to four organizations who will form this national consortium in order to foster increased collaboration among domestic violence and homeless service providers and provide national training, technical assistance and resource development on domestic violence and housing.
“The limited availability of shelters and the difficulties in accessing safe, affordable housing options too often leave domestic violence survivors homeless, or send them back to abusive partners and unsafe homes,” said Attorney General Loretta E. Lynch. “The Department of Justice is committed to providing trauma-informed guidance, resources and training across the country to combat this critical challenge, and I am proud to stand with my federal partners as we work to establish a comprehensive federal response to address the unique housing needs and safety concerns of domestic violence survivors.”
“Escaping domestic violence should not increase a person’s chances of becoming homeless,” said HUD Secretary Julián Castro. “Unfortunately that is too often the case for survivors and their children, which is why I’m proud to join this interagency effort to develop more comprehensive efforts to protect and serve survivors of domestic violence.”
According to the National Intimate Partner and Sexual Violence Survey (NISVS) report, nearly 10 million people in the U.S. experienced physical violence by an intimate partner in 2010. According to the U.S. Conference of Mayors, in 2008, 28 percent of U.S. families were homeless because of domestic violence and 39 percent of U.S. cities cited domestic violence as the primary cause of family homelessness. The U.S. Interagency Council on Homelessness (USICH) has established the goal of preventing and ending homelessness among families, youth, and children by 2020.
“Domestic violence is a primary cause of family homelessness because many victims leave their homes to pursue safety,” said Commissioner Rafael López of HHS’ Administration on Children, Youth and Families. “Victims of domestic violence need housing options that meet their immediate and long-term needs. This interagency consortium will help us marshal federal resources to address domestic violence.”
As a result of this interagency collaboration, grant funds are being provided to the following organizations:
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District Alliance for Safe Housing (Washington, D.C.)
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National Network to End Domestic Violence (Washington, D.C.)
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National Resource Center for Domestic Violence (Harrisburg, Pennsylvania):
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Training Development Associates (Laurinburg, North Carolina)/Collaborative Solutions, Inc. (Birmingham, Alabama)
The four grant recipients will form the Domestic Violence and Housing Technical Assistance Consortium and will work with domestic violence providers and homeless service providers nationwide to improve policies, identify promising practices and strengthen collaborations necessary to improve housing options for survivors of domestic violence and their children in order to enhance safety, stability, and well-being. The Department of Justice’s Office for Victims of Crime and Office on Violence Against Women; HUD’s Office of Special Needs Assistance Programs and HHS’s Administration for Children and Families, Family and Youth Services Bureau, Division of Family Violence Prevention and Services have worked together to increase capacity, resources and guidance to adequately address the housing needs of domestic violence survivors and their children, as leading members of the Domestic Violence Committee of the USICH.
About the Department of Justice’s 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.
About the Department of Justice’s Office for Victims of Crime
The Office for Victims of Crime (OVC) is committed to enhancing the Nation’s capacity to assist crime victims and to providing leadership in changing attitudes, policies, and practices to promote justice and healing for all victims of crime. Established in 1988 through an amendment to the Victims of Crime Act (VOCA) of 1984, OVC is charged by Congress with administering the Crime Victims Fund (the Fund). Through OVC, the Fund supports a broad array of programs and services that focus on helping victims in the immediate aftermath of crime and continuing to support them as they rebuild their lives. Millions of dollars are invested annually in victim compensation and assistance in every U.S. state and territory, as well as for training, technical assistance, and other capacity-building programs designed to enhance service providers’ ability to support victims of crime in communities across the Nation. To learn more, visit www.ovc.gov/.
About the Department of Housing and Urban Development’s Office of Special Needs Assistance Programs
The Office of Special Needs Assistance Programs (SNAPS) supports the nationwide commitment to ending homelessness by providing funding opportunities to nonprofit organizations and State and local governments to quickly rehouse homeless individuals and families. Through these opportunities, SNAPS advocates self-sufficiency and promotes the effective utilization of mainstream resources available to individuals and families experiencing homelessness. https://www.hudexchange.info/homelessness-assistance/.
About the Department of Health and Human Services’ Family Violence Prevention and Services Program
The Family Violence Prevention and Services Program is the primary federal funder of domestic violence emergency shelter and other supportive services in all 50 States, the District of Columbia, 5 Territories and 274 Tribes. For more facts on the Family Violence Prevention and Services Program, visit http://www.acf.hhs.gov/fvpsa.
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Denton County Man Sentenced for Transporting Child PornographyRead the Press Release
PLANO, Texas – A 37-year-old Denton, Texas man has been sentenced to federal prison for child exploitation violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Joe Edward Cummings pleaded guilty on Sep. 16, 2015, to transporting child pornography in interstate commerce and was sentenced to 151 months in federal prison today by U.S. District Judge Marcia A. Crone.
According to information presented in court, in September 2014, the Texas Rangers and the Justin Police Department initiated an investigation when the social media platform Twitter reported to the National Center for Missing and Exploited Children that an individual using a computer in Cummings’ residence had posted child pornography on Twitter. Law enforcement obtained and executed a search warrant at Cummings’ house on Oct. 1, 2014. At that time, officers seized a number of digital devices, including a computer tablet belonging to Cummings. Forensic agents located child pornography on Cummings’ tablet during a forensic review of the seized digital media. As the investigation continued, officers discovered that Cummings, who was then a sworn peace officer with the Denton County Sheriff’s Office, had transported child pornography onto an online file hosting service for cloud storage, as well as through other social media platforms and online communication services.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Federal Bureau of Investigation, Texas Department of Public Safety – Texas Rangers, and the Justin, Texas Police Department, and prosecuted by Assistant U.S. Attorney Marisa J. Miller.
Compounding Pharmacist Sentenced to 20 Months in Prison for Paying Kickbacks for Referrals, Health Care FraudRead the Press Release
CAMDEN, N.J. – The owner of a compounding pharmacy in Lakewood, New Jersey, was sentenced today to 20 months in prison for paying tens of thousands of dollars in cash bribes to physicians for referring pain cream prescriptions, defrauding health care benefit programs out of hundreds of thousands of dollars, U.S. Attorney Paul J. Fishman announced.
The president and pharmacist-in-charge of Prescriptions R US – Vladimir Kleyman, 44, of Lakewood, New Jersey – previously pleaded guilty before U.S. District Judge Joseph H. Rodriguez to an information charging him with conspiracy to pay kickbacks and to commit health care fraud. Judge Rodriguez imposed the sentence today in Camden federal court.
According to documents filed in this case and statements made in court:
From January 2013 through January 2014, Kleyman provided another individual with tens of thousands of dollars in cash and checks to provide bribes to physicians for referring prescriptions for a compounded pain cream to Prescriptions R US. Compounding pharmacies prepare medication, using different types and dosages of drugs, in order to provide more personalized medications for patients. The compounded pain cream prepared by Prescriptions R US in this case contains several components, including ketamine (a Schedule III non-narcotic), lidocaine and diclofenac.
Kleyman admitted that in a series of meetings in November and December 2013 alone, he arranged for the middleman to receive more than $50,000 in cash or checks with the understanding it would be used to pay bribes for the referral of pain cream prescriptions.
Kleyman also admitted he knew certain health insurance carriers, including federal health care benefit programs, did not cover compounded pain cream, but he nevertheless dispensed the pain cream to these patients and obtained payment from their insurance carriers by falsely representing the pain cream to be other covered items. Kleyman also acknowledged he defrauded health insurance carriers by making false and misleading representations about the quantity of the pain cream that he dispensed and the frequency with which he dispensed it. As a result, private insurance companies paid the pharmacy hundreds of thousands of dollars.
In addition to the prison term, Judge Rodriguez sentenced Kleyman to serve three years of supervised release, ordered him to pay $1,036,658 in criminal restitution and forfeiture and civil penalties. As part of his plea agreement, Kleyman also must pay $2 million in federal income taxes, interest, and penalties for the 2013 tax year.
In a separate civil settlement with the Justice Department and the Office of Inspector General of the Department of Health and Human Services, Kleyman paid $160,000 to resolve allegations of receiving Medicare funds through referrals and orders by physicians he paid.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Richard M. Frankel; the U.S. Department of Health and Human Services, Office of Inspector General, under the direction of Special Agent in Charge Scott J. Lampert, and IRS–Criminal Investigation, under the direction of Acting Special Agent in Charge Jonathan D. Larsen, with the investigation leading to today’s sentencing.
The government is represented in the criminal case by Assistant U.S. Attorney Jane H. Yoon and Senior Litigation Counsel Andrew Leven, and in the civil settlement, by Assistant U.S. Attorney Bernard J. Cooney, all of the U.S. Attorney’s Office Health Care and Government Fraud Unit in Newark.
U.S. Attorney Paul J. Fishman reorganized the health care fraud practice at the New Jersey U.S. Attorney’s Office shortly after taking office, including creating a stand-alone Health Care and Government Fraud Unit to handle both criminal and civil investigations and prosecutions of health care fraud offenses. Since 2010, the office has recovered more than $635 million in health care fraud and government fraud settlements, judgments, fines, restitution and forfeiture under the False Claims Act, the Food, Drug and Cosmetic Act and other statutes.
Defense counsel: Alain Jeff Ifrah Esq., Washington, D.C.
Columbia Man Pleads Guilty to Federal Firearm ChargeRead the Press Release
Contact Person: Stacey Haynes (803) 929-3000
Columbia, South Carolina ---- United States Attorney Bill Nettles stated today that Wade Andrew Albright, age 43, of Columbia, South Carolina pled guilty today in federal court. Albright plead guilty to being a felon in possession of a firearm and ammunition, a violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2), and 924(e). Senior United States District Court Judge Cameron McGowan Currie accepted the plea and Senior United States District Court Judge Margaret B. Seymour will impose a sentence after she has reviewed the presentence report, which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that on the early morning hours of November 29, 2013, officers with the Lexington County Narcotics Enforcement Team (“NET”) set up surveillance in order to arrest Albright on outstanding state warrants for distribution of narcotics. Officers observed Albright drive into the employee parking lot of the a local chicken processing plant in West Columbia, where he was employed at the time. As officers approached his truck, Albright got back into the truck and fled. Officers observed Albright drive across Highway 378/Sunset Boulevard and drive into a neighborhood. Shortly thereafter, officers observed Albright’s truck in the parking lot of an apartment complex in the area, the driver’s door was open and the truck was still running. Other officers then observed Albright along a wood line. After a brief chase, Albright was arrested. A search incident to arrest revealed numerous pill bottles containing individually bagged pills, cocaine, and marijuana both on Albright’s person and in a book bag he discarded while running. Officers also located a Smith & Wesson .38 caliber revolver and additional rounds of ammunition on Albright. A check of the firearm revealed that it had previously been reported stolen in Richland County. Albright is prohibited under federal law from possessing firearms and/or ammunition based upon his prior state convictions in Fairfield, Richland, and Marlboro counties for burglary 2nd degree (3 separate convictions), strong arm robbery (3 separate convictions), and manslaughter.
Mr. Nettles stated that Albright faces a maximum of 10 years imprisonment and/or a fine of $250,000 on the felon in possession of a firearm and ammunition charge unless he is deemed an armed career criminal by the court based upon his extensive prior convictions and then he would face a mandatory minimum of 15 years imprisonment with a maximum of life.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Lexington County Narcotics Enforcement Team and was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Assistant United States Attorney Stacey D. Haynes of the Columbia office handled the case.
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Clarksburg, WV man convicted of selling morphine near local collegeRead the Press Release
CLARKSBURG, WEST VIRGINIA – James Michael Conley, 38, of Clarksburg, was convicted of morphine trafficking today in federal court, United States Attorney William J. Ihlenfeld, II, announced.
Conley sold morphine in September 2014 near Pierpont Community and Technical College in Harrison County, West Virginia. He pled guilty today to one count of “Distribution of Morphine within 1,000 feet of a Protected Location.” He faces between one and forty years in prison and a fine of up to $2,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorneys Shawn Adkins and Stephen Warner prosecuted the case on behalf of the government. The Greater Harrison County Drug and Violent Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Buffalo Man Sentenced for Selling Deadly Heroin Cocktail That Resulted in the Death of A Local ManRead 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 Peter N. Militello, 34, of Buffalo, NY, who was convicted of possession with intent to distribute and distribution of fentanyl and heroin, was sentenced to 360 months in prison and 10 years supervised release by U.S. District Judge Richard J. Arcara.“Today’s sentencing concludes the first ever prosecution of a drug dealer who killed his customer with his illegal product,” said U.S. Attorney Hochul. “Successfully tackling the deadly opiate epidemic that is sweeping across our community will take many working together. As was also shown by our prosecution of a medical doctor this week, our Office intends to do its part."
DEA Special Agent in Charge James J. Hunt stated, “Law enforcement can’t change the fact that heroin and fentanyl use leads to overdose deaths; deaths of people whose lives were cut too short. However, this prosecution hopefully brings some closure to their loved ones and causes others who distribute fentanyl-laced heroin not to make the same choices that Peter Militello made.”
Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that between January 25, 2010 and June 6, 2013, the defendant sold heroin on several occasions in the City of Buffalo. On May 23, 2013, Militello sold a heroin and fentanyl mixture to an individual residing in Buffalo. Several hours later, the man was found dead in his residence by a family member. An autopsy performed on the man found that he died as a result of acute intoxication from the heroin and fentanyl mixture.
The sentencing is the result of an investigation on the part of the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Cheektowaga Police Department, under the direction of Chief David Zack.
Alorton Man Sentenced for Firearm OffenseRead the Press Release
The United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced that Travis T. Wells, 33, of Alorton, Illinois, was sentenced on Friday, October 30, 2015, in federal district court, for unlawful possession of a firearm by a previously convicted felon. Wells received a sentence of 42 months in prison, to be followed by one year supervised release, a $100 special assessment, and a $375 fine.
On January 6, 2015, law enforcement officers received a tip that Wells, who was a wanted individual, was at a residence in Alorton, Illinois. Upon entering the apartment, officers observed an infant on a bed in the upstairs bedroom with Wells. Wells informed the officers that he needed to change the baby’s diaper. Officers then asked Wells to take the infant out of the room and law enforcement officers found a .22 caliber semiautomatic firearm under a sheet on the bed – the very same bed where the baby was laying just moments earlier. Wells subsequently admitted that he owned the gun.
This investigation was conducted by the Federal Bureau of Investigation and was prosecuted by Assistant United States Attorney Jonathan Drucker.
Alaska Plastic Surgeon Convicted of Wire Fraud and Tax EvasionRead the Press Release
Doctor Hid Millions in Secret Accounts in Panama
An Alaskan plastic surgeon was convicted today of four counts of wire fraud and three counts of tax evasion by a federal jury sitting in Anchorage, Alaska, announced Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division and U.S. Attorney Karen Loeffler of the District of Alaska.
Dr. Michael Brandner, 67, was convicted following a seven-day jury trial before U.S. District Judge Sharon Gleason of the District of Alaska. According to the indictment and evidence introduced at trial, in late 2007, shortly after Brandner’s wife filed for divorce, he collected millions of dollars in marital assets and secretly drove from Tacoma, Washington, to Costa Rica in Central America. In Costa Rica, he opened two bank accounts into which he deposited more than $350,000 in cash and hid a thousand ounces of gold in a safe deposit box. He then traveled to Panama where he opened an account under the name of a sham corporation and in 2008, deposited $4.6 million into the account.
Dr. Brandner concealed both the existence of the bank accounts and the interest he earned on those accounts from the court in the divorce proceedings and from the Internal Revenue Service (IRS). Dr. Brandner owed the IRS $600,000 in additional taxes for the 2008 through 2010 tax years. He presented the divorce court with a fabricated promissory note to mislead the court into believing he had invested more than $3 million in the foreign corporation.
In 2011, once the divorce was final, Dr. Brandner repatriated more than $4.6 million, only to have the funds seized by Homeland Security Investigations agents. He then lied to federal agents about his control of the funds.
At his March 7, 2016 sentencing, Dr. Brandner faces a statutory maximum penalty of 20 years in prison for each count of wire fraud and five years for each count of tax evasion and a fine of up to $250,000, or twice the gain or loss caused by the offense, on each of the seven counts of conviction.
Acting Assistant Attorney General Ciraolo thanked the special agents of IRS-Criminal Investigation, who investigated the case and Trial Attorney Ignacio Perez de la Cruz of the Tax Division and Assistant U.S. Attorney Bryan Schroder of the District of Alaska, who prosecuted the case.
Alaska Plastic Surgeon Convicted of Wire Fraud and Tax EvasionRead the Press Release
Anchorage, Alaska – U.S. Attorney Karen L. Loeffler announced that Dr. Michael Brandner, 67, of Anchorage, Alaska, was convicted today of four counts of wire fraud and three counts of tax evasion by a federal jury sitting in Anchorage, Alaska.
According to the indictment and evidence introduced at trial, shortly after his wife filed for divorce in late 2007, Dr. Brandner collected millions of dollars in marital assets and secretly drove from Tacoma, Washington, to Costa Rica in Central America. In Costa Rica, he opened two bank accounts into which he deposited over $350,000 in cash and hid a thousand ounces of gold in a safe deposit box. He then traveled to Panama where he opened an account under the name of a sham corporation and deposited $4.6 million into the account in 2008.
Dr. Brandner concealed both the existence of the bank accounts and the interest he earned on those accounts from the court in the divorce proceedings and from the Internal Revenue Service (IRS). Dr. Brandner owed the IRS $600,000 in additional taxes for the 2008 through 2010 tax years. He presented the divorce court with a fabricated promissory note to mislead the court into believing he had invested over $3 million in the foreign corporation.
In 2011, Dr. Brandner repatriated over $4.6 million once the divorce was final only to have the funds seized by agents from Homeland Security Investigations. He then lied to federal agents about his control of the funds.
Sentencing is scheduled for March 7, 2016, before U.S. District Judge Sharon Gleason, who presided over the trial of the case. Dr. Brandner faces a statutory maximum sentence of 95 years in prison and a fine of up to $1.75 million.
“Michael Brandner thought he could operate above the law, but through the dedicated efforts of IRS Special Agents together with the Department of Justice, this verdict shows that the law caught up with him,” stated Special Agent in Charge Teri Alexander of IRS Criminal Investigation. "Let this case serve as a warning that the use of offshore schemes and other tax scams to evade tax and other lawful obligations will not be tolerated."
Ms. Loeffler thanked the special agents of IRS-Criminal Investigation and Homeland Security Investigations who investigated the case, and Assistant U.S. Attorney Bryan Schroder of the District of Alaska and Trial Attorney Ignacio Perez de la Cruz of the Tax Division who prosecuted the case.
Akron Man Sentenced to 330 Months for Production of Child PornographyRead the Press Release
COLUMBUS, Ohio – Antonio L. Sibley, 38, of Akron, Ohio, was sentenced in U.S. District Court to 330 months in prison and 15 years of supervised release for production of child pornography.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, along with members of the Central Ohio Human Trafficking Task Force, including Ohio Attorney General Mike DeWine, Marlon V. Miller, Special Agent in Charge, U.S. Homeland Security Investigations, Colonel Paul Pride of the Ohio State Highway Patrol and Columbus Police Chief Kim Jacobs announced the sentence handed down today by U.S. District Judge Gregory L. Frost.
Sibley was convicted by a U.S. District Court jury following a weeklong trial in May.
According to court testimony, in July 2014, while Sibley was harboring a 17-year-old girl in a motel room in Whitehall, Ohio, he took sexually explicit photographs of her and advertised her on internet websites for paid sexual services. Members of the Human Trafficking Task Force found the girl during an undercover operation on July 31, 2014, and thereafter found the pornographic photographs Sibley had taken on a phone that was in the motel room. The victim testified that she and Sibley had been involved in a sexual relationship since she was 15 years old, and that Sibley had taken the pornographic photographs of her.
The jury convicted Sibley of production of child pornography, a crime punishable by a sentence ranging from a mandatory minimum 15 years in prison to 30 years in prison. The jury could not reach a verdict on a second charge of sex trafficking of a minor.
Sibley was arrested on August 11, 2014, by members of the Central Ohio Human Trafficking Task Force at the Casa Villa Motel in Whitehall, Ohio. He was indicted on September 11, 2014.
U.S. Attorney Stewart commended the investigation of this case by the Central Ohio Human Trafficking Task Force, which was formed in 2012 and is part of the Ohio Attorney General’s Ohio Organized Crime Investigations Commission, and also includes authorities from the Attorney General's Bureau of Criminal Investigation (BCI), Columbus Division of Police, Homeland Security Investigations (HSI), Powell Police Department, Federal Bureau of Investigation and the Delaware County Prosecutor's Office. Assistant United States Attorney Heather A. Hill and Special Assistant United States Attorney General Brant Cook, director of the Ohio Attorney General’s Crimes Against Children Initiative, represented the government in this case.
Abingdon, Virginia Man Sentenced for Conspiracy to Manufacture MethamphetamineRead the Press Release
ABINGDON, VIRGINIA – Yesterday in United States District Court for the Western District of Virginia, an Abingdon, Va. man was sentenced to 180-months of imprisonment for conspiracy to manufacture methamphetamine and related offenses.
Richard Jerry Hicks, 45, of Abingdon, Va., was indicted in December 2014 along with Amanda Jane Tignor, 34, of Abingdon, Va., on a variety of charges related to the manufacturing of methamphetamine at their home in Abingdon.
Tignor previously pleaded guilty to conspiracy to manufacture methamphetamine and creating a substantial risk of harm to human life, and was sentenced to 78 months in prison in June of this year. Following a two-day jury trial in July of this year, Hicks was found guilty on five of the six federal drug charges levied against him. Evidence presented at trial showed that Hicks and Tignor gathered pseudoephedrine and other methamphetamine-related supplies between June 2013 and May 2014, and manufactured methamphetamine in a home where two minors resided. Evidence also presented at trial showed Hicks had once boasted to law enforcement that—when it came to methamphetamine manufacturing—Hicks was the “best around.”
In sentencing Hicks, United States District Judge James P. Jones noted the risk of harm to the children who resided in the home and Hicks’ criminal history, which included a previous conviction in Washington County, Virginia Circuit Court in 2010 for manufacturing methamphetamine.
The investigation of the case was conducted by the Abingdon Police Department, Washington County Sheriff’s Office, Virginia State Police, and United States Drug Enforcement Administration (DEA). Special Assistant United States Attorney Kevin Jayne prosecuted the case for the United States.
4 Columbus Gang Members Plead Guilty to MurderRead the Press Release
COLUMBUS, Ohio – Four Columbus men pleaded guilty to murder in connection to a racketeering case involving the organized criminal enterprise known as the Short North Posse.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Joseph P. Reagan, Special Agent in Charge, Drug Enforcement Administration (DEA), Donald J. Soranno, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Franklin County Prosecutor Ron O’Brien, and Columbus Police Chief Kim Jacobs, announced the pleas entered into today before U.S. District Judge Algenon L. Marbley.
Joseph Hill, 31, Christopher V. Wharton, 25, Troy A. Patterson, 24, and Ishmael Bowers, 33, each pleaded guilty to one count of murder in aid of racketeering. Hill also pleaded guilty to a second count of murder in aid of racketeering and conspiracy to commit racketeering. Wharton also pleaded guilty to possession with intent to distribute cocaine and marijuana and possession with intent to distribute marijuana.
Each of the defendants faces a potential maximum sentence of life in prison.
The four were charged by a superseding indictment in October 2014. Twenty individuals total were indicted in the racketeering case with charges that included murders, attempted murders, drug trafficking, weapons trafficking, extortion and robbery.
U.S. Attorney Stewart commended the two-year long investigation by federal, state and local law enforcement agencies, including the FBI, DEA, ATF, Columbus Police, Franklin County Sheriff Zach Scott’s Office, and Franklin County Prosecutor Ron O’Brien’s Office. Fairfield County Prosecutor Gregg Marx, Licking County Prosecutor Kenneth Oswalt, Muskingum County Prosecutor D. Michael Haddox, Ross County Prosecutor Matthew S. Schmidt, law enforcement leaders from those counties, and officials of the Ohio Department of Rehabilitation and Correction, as well as Assistant U.S. Attorneys David DeVillers, Kevin Kelley and Brian Martinez, as well as Special Assistant U.S. Attorney Jimmy Lowe with Franklin County Prosecutor O’Brien’s Office, who are prosecuting the case.
3 November 2015
Wyoming Man Convicted of Conspiracy to Distribute MethamphetamineRead the Press Release
U.S. Attorney Christopher A. Crofts announced today that Casper resident Harold "Creature" Creighton has been convicted in federal court. A jury found Creighton guilty of conspiracy to distribute methamphetamine after a five-day jury trial in the United States District Court in Casper. Creighton will be sentenced at a later date by Federal District Court Judge Scott W. Skavdahl. Creighton faces a maximum sentence of life imprisonment.
This case results from an ongoing Organized Crime Drug Enforcement Task Forces (OCDETF) joint investigation conducted by the Wyoming Division of Criminal Investigation and the U.S. Drug Enforcement Administration. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
This case was prosecuted by Assistant U.S. Attorney Stephanie I. Sprecher.
West Homestead Felon Charged with Illegally Possessing FirearmRead the Press Release
PITTSBURGH - A resident of Allegheny County, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of possession of a firearm by a convicted felon, United States Attorney David J. Hickton announced today.
The one-count indictment, returned on Oct. 27, named Latel Tyrone Smith, 37, of West Homestead, Pennsylvania, as the sole defendant.
According to the indictment, on or about June 13, 2015, Smith possessed a firearm as a convicted felon. Federal law prohibits an individual who has been convicted of a felony from possessing a firearm.
The law provides for a maximum total sentence of not less than 15 years imprisonment and up to life, a fine of $250,000.00, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history of the defendant.
Assistant United States Attorney Cindy K. Chung is prosecuting this case on behalf of the government.
This case is being prosecuted under Project Safe Neighborhoods, a collaborative effort by federal, state, and local law enforcement agencies, prosecutors, and communities to prevent, deter, and prosecute gun crimes.
The West Mifflin Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the State Security and Investigative Services (SSIS) conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Virginia Beach Man Pleads Guilty in Child Pornography CaseRead the Press Release
NORFOLK, Va. – Richard Midgett, 50, of Virginia Beach, pleaded guilty today to a charge of distribution of child pornography.
According to a statement of facts filed with the plea agreement, on Nov. 10, 2014, Midgett used a peer-to-peer file-sharing network to distribute a computer file depicting child pornography. Later, after his computer equipment was seized during the execution of a search warrant, a forensic analysis of Midgett’s computer showed that he possessed approximately 33,000 images and 1,817 videos of child pornography.
Midgett was indicted by a federal grand jury on Sept. 8, 2015. Midgett faces a maximum penalty of 20 years in prison when sentenced on Feb. 8, 2016. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and Clark E. Settles, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations Washington, D.C., made the announcement after the plea was accepted by Senior U.S. District Judge Robert G. Doumar. Assistant U.S. Attorney Randy Stoker is prosecuting the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:15cr114.
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Vallejo Woman Pleads Guilty to Tax Refund Fraud and ID TheftRead the Press Release
SACRAMENTO, Calif. — Leticia A. Roque, 48, of Vallejo, pleaded guilty today to conspiring to submit false claims against the United States and aggravated identity theft, United States Attorney Benjamin B. Wagner announced.
San Francisco Division Inspector in Charge Rafael Nunez of the U.S. Postal Inspection Service stated, “Postal Inspectors worked closely with the U.S. Attorney’s Office and our partner in law enforcement on this investigation and will continue to protect the public and the U.S. Mail against all forms of misuse.”
“IRS Criminal Investigation has made investigating refund fraud and identity theft a top priority,” said Acting Special Agent in Charge Thomas McMahon, IRS-Criminal Investigation. “Filing fraudulent tax returns in the names of other individuals may result in significant harm to those individuals whose identities were stolen, as well as a monetary loss against the U.S. Treasury.”
According to court documents, between January 7, 2012, and May 19, 2012, Roque along with co-defendants Marcus A. Cooper, 29, and Tiana E. Naples, 28, also of Vallejo, submitted at least 60 fraudulent tax returns to the Internal Revenue Service. The returns were filed in other people’s names and contained false representations about those persons’ income, employer, tax credits, and tax withholding. The returns were filed without the permission or knowledge of the taxpayers. The 60 tax returns requested approximately $209,713 in tax refunds, of which approximately $102,521 was sent to the defendants in the form of prepaid debit cards.
This case is the product of an investigation by the United States Postal Inspection Service and the Internal Revenue Service – Criminal Investigation. Assistant United States Attorney Matthew G. Morris is prosecuting the case.
Roque is scheduled to be sentenced on February 9, 2016, by United States District Judge John A. Mendez. She faces a maximum statutory penalty of 10 years in prison and a $250,000 fine for the false claim conviction and a mandatory consecutive two-year term for aggravated ID theft. 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.
Cooper and Naples are scheduled to appear in court for a status conference on December 8, 2015. The charges against them are only allegations; they are presumed innocent until and unless proven guilty beyond a reasonable doubt.
US Attorney General highlights need for ‘rule of law’ in address to INTERPOL General AssemblyRead the Press Release
Image Courtesy of IPSG
KIGALI, Rwanda – US Attorney General Loretta Lynch has told delegates at the INTERPOL General Assembly that upholding the rule of law is a government’s foremost responsibility.
Delivering the keynote speech at the international gathering of some 640 police chiefs and senior law enforcement officials, Attorney General Lynch said INTERPOL ‘stands as an invaluable conduit for mutual assistance between law enforcement agencies across the world and a critical facilitator for international cooperation in matters of security, opportunity and human rights.’
Pointing to the issue of human trafficking as one of her highest priorities as Attorney General, Ms Lynch said it remained one of the foremost challenges to the international community.
“With its ties to organized crime, its preying on flows of migrants and its complex financing schemes, human trafficking is a truly global problem that demands a truly global response,” said Attorney General Lynch.
“The international community has come a long way in the last 15 years, but the fact that millions of individuals remain in forced labour reminds us of how far we have to go. We must find ways to work even more closely together in order to end this affront to our values and stop this crime against humanity,” added the Attorney General pointing to the FBI’s annual Operation Cross Country initiative against individuals trafficking children for sexual exploitation which this year resulted in the arrest of hundreds of sex traffickers.
In addition to highlighting INTERPOL’s role at the forefront of the global crusade against human trafficking, Attorney General Lynch said the world police body’s work involved action against some of the most important and complex law enforcement challenges.
In combating the threat of foreign terrorist fighters, Attorney General Lynch said INTERPOL’s network to coordinate global counter-terrorism activities was an invaluable resource in stemming the illicit travel of individuals moving to and from conflict zones.
Attorney General Lynch praised INTERPOL for driving innovation and fuelling advancements to expand international capabilities to identify crimes and pursue wrongdoers through its global police information systems, round-the-clock support and operational assistance.
In concluding her remarks, the Attorney General encouraged delegates to continue to play their part in upholding the rule of law and urged all countries to ‘continue, every day, to pursue our mission of a safer world, to advance our vision of a more just society and to hold close our hope of a brighter future for all.’
The General Assembly is INTERPOL’s supreme governing body, which meets once a year. Discussions at this year’s session in Kigali are addressing some of most pressing cross-border challenges faced by police today, including counter-terrorism and foreign terrorist fighters, the organized criminal groups behind drug trafficking and people smuggling, and the different facets of cybercrime.
U.S. EPA Requires Asarco to Cut Toxic Emissions at 103-Year-Old Arizona Copper SmelterRead the Press Release
Today, the Department of Justice and the Environmental Protection Agency (EPA) announced a settlement with ASARCO requiring the company to spend $150 million to install new equipment and pollution control technology to reduce emissions of toxic heavy metals at a large smelter located in Hayden, Arizona. The company will also fund local environmental projects valued at $8 million, replace a diesel locomotive with a cleaner model for $1 million, and pay a $4.5 million civil penalty.
The federal enforcement action targeted hazardous air pollutants, including lead and arsenic, and particulate matter (PM). With the controls in place, the hazardous air pollutants should be reduced by at least 8.5 tons per year, and PM emissions are expected to be reduced by 3,500 tons per year. The new equipment and controls will also slash the facility’s sulfur dioxide (SO2) emissions by 19,000 tons per year, a reduction of more than 90 percent, according to EPA estimates. Currently, the ASARCO smelter is the largest source of SO2 emissions in Arizona.
“This settlement will bring tremendous benefits to public health and the environment in Arizona for generations to come through dramatic cuts to harmful air emissions,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division. “The requirements of this consent decree will not only bring ASARCO into compliance with the nation’s clean air law, but will also result in testing for lead contamination in area homes and improvements to nearby roads to further improve air quality.”
“Big enforcement actions like this result in big returns for American communities,” said Assistant Administrator Cynthia Giles for EPA’s Office of Enforcement and Compliance Assurance. “The upgraded pollution controls and advanced monitoring technologies ASARCO will install are key to a modern compliance program that cuts pollution around industrial plants.”
“The communities living near this century-old smelter will breathe cleaner air as a result of this landmark enforcement action,” said Regional Administrator Jared Blumenfeld for EPA’s Pacific Southwest Region. “As one of only three major copper smelters in the nation, it is critically important that the facility operate in a way that complies with federal law, minimizes harmful pollutants and safeguards public health and the environment.”
EPA’s investigation found the company violated federal Clean Air Act standards by failing to adequately control emissions of hazardous air pollutants, such as arsenic and lead, from the Hayden smelter. Under the settlement announced today, ASARCO will install new and upgraded ventilation hoods to capture hot flue gases from its furnaces to better capture the PM, which includes the hazardous air pollutants and SO2. The company will also replace an aging electrostatic precipitator with a new, cleaner baghouse and inject high performance lime to reduce SO2 emissions.
To reduce wind-blown dust from the facility, which contains varying levels of heavy metals, the company will implement an improved dust control plan, including the use of wind fences, upgraded water sprayers and the installation of concrete pads. In addition, ASARCO will operate five ambient air monitors in and around the Hayden and Winkelman communities to track levels of pollutants, including arsenic, lead and PM and will make additional improvements to dust controls if levels are high.
The settlement requires ASARCO to spend $8 million to fund two environmental mitigation projects. Of this, $6 million will be used on a road paving project in Pinal County that will reduce dust pollution on local dirt roads close to the towns and benefit residents exposed to PM emissions. In addition, $2 million will be provided to the Gila County Environmental Health Services to conduct lead-based paint testing and abatement in homes, schools and other public buildings in the towns of Hayden and Winkelman.
ASARCO will spend approximately $1 million to replace an existing diesel switch locomotive operated at the facility with a cleaner diesel-electric switch locomotive. The project will reduce emissions of nitrogen oxides, which are precursors to the formation of PM2.5 and greenhouse gases.
Long-term inhalation exposure to inorganic arsenic is associated with irritation of the skin and can affect the brain and nervous system. Exposure to lead can cause effects on the blood, as well as the nervous, immune, renal and cardiovascular systems. Particulate matter, especially inhalable coarse particles (PM10) and fine particles (PM2.5), can cause coughing or difficulty breathing, decreased lung function, aggravated asthma and even premature death in people with heart or lung disease. SO2 has also been linked to a number of adverse effects on the respiratory system and SO2 is also a precursor to the formation of PM2.5. Fine particles are also the main cause of reduced visibility (haze) in parts of the United States, including national parks and wilderness areas. The PM2.5 and SO2 emission reductions achieved through compliance with this settlement will also serve to reduce visibility impairment owing to emissions from the facility.
Built in 1912 and expanded over the years, the ASARCO Hayden site is a copper ore processing, concentrating and smelter facility located adjacent to Hayden and Winkelman. The ASARCO plant includes a crusher, concentrator, smelter and tailings impoundment areas and produces 300 to 400 million pounds of copper and over half a million tons of sulfuric acid annually. ASARCO is owned by Grupo México, a Mexican consortium that owns Ferromex, the largest railroad in Mexico and operates mines and smelters, including the one in Hayden, that make it the fourth largest copper producer in the world. The Hayden facility is one of three copper smelters in the United States, and the only one owned by ASARCO.
The settlement was lodged with the U.S. District Court of Arizona and is subject to a 30-day public comment period and final court approval. The proposed consent decree can be viewed at: www.justice.gov/enrd/consent-decrees.
More on the settlement: http://www2.epa.gov/enforcement/asarco-llc-settlement
U.S. Attorney, Justice Department announce grant awards to Western District of Louisiana agenciesRead the Press Release
SHREVEPORT/ LAFAYETTE/ALEXANDRIA/MONROE/LAKE CHARLES, La. – United States Attorney Stephanie A. Finley and the Department of Justice announced that 16 grants totaling more than $2.4 million have been awarded to 15 agencies within the Western District of Louisiana.
Two grants totaling $1.1 million were awarded to the Wellspring Alliance for Families in Monroe; more than $500,000 was awarded to the Tunica-Biloxi Tribe in Marksville; and more than $224,000 was awarded to the Lafayette Consolidated Government. The remaining 12 grants were awarded to law enforcement agencies within the District.
Law enforcement agencies receiving the Edward Byrne Memorial Justice Assistance Grant from the Bureau of Justice Assistance include:
Alexandria: Rapides Parish Sheriff’s Office: $75,460 to increase arrests and successful prosecutions;
Bastrop: Morehouse Parish Sheriff’s Office: $11,831 to support policing operations;
Bossier City: Bossier City: $25,693 to purchase supplies, equipment and new technology;
Franklin: St. Mary Parish Sheriff’s Office: $13,194 to purchase equipment;
Lafayette: Lafayette Parish Sheriff’s Office: $92,126 to support law enforcement initiatives;
Lake Charles: Calcasieu Parish Sheriff’s Office: $61,468 to support essential law enforcement services;
Monroe: Ouachita Parish Sheriff’s Office: $63,758 to purchase equipment to increase officer safety;
Natchitoches: City of Natchitoches: $12,062 to purchase equipment;
New Iberia: Iberia Parish Sheriff’s Office: $16,846 to purchase computer equipment;
Opelousas: St. Landry Parish Sheriff’s Office: $36,444 to purchase supplies, equipment and new technology;
Shreveport: City of Shreveport: $115,505 to improve officer safety and increase law enforcement services; and
Sulphur: City of Sulphur: $12,422 to purchase law enforcement related-equipment.
Agencies receiving other grants this year in the District include:
Lafayette: Lafayette City/Parish Consolidated Government (Lafayette Police Department): $224,668 through the Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program, through the Office of Violence Against Women, to be used with Faith House Inc. to improve safety for domestic violence victims in Lafayette Parish.
Marksville: Tunica-Biloxi Tribe of Louisiana: $544,768 through the FY 2015 Indian Alcohol and Substance Abuse Program (IASAP), from the Bureau of Justice Assistance, to be used to implement an IASAP.
Monroe: Wellspring Alliance for Families: $600,000 through the Legal Assistance for Victims Grant Program, from the Office of Violence Against Women, to be used to strengthen civil and criminal legal assistance programs for adult and youth victims of abuse or violence, which includes hiring attorneys and support staff. The Wellspring Alliance for Families will also receive $500,000 through the Justice for Families Program, from the Office of Violence Against Women, to be used to provide victim services and training for employees and government officials.
“These grants will help to strengthen law enforcement agencies and other organizations, which will benefit the public throughout this District,” Finley stated. “The purchase of equipment, upgrade of technology and improvement to law enforcement safety that these grants will fund demonstrates the commitment the Department of Justice and my office have to help local agencies meet the challenges facing them.”
The Office of Justice Programs (OJP) provides federal leadership in developing the nation’s capacity to prevent and control crime, administer justice and assist victims. The OJP has six bureaus and offices: 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 (SMART). For more information on grant award programs, visit www.bja.gov.
U.S. Attorney Names New Supervisory AppointmentsRead the Press Release
U.S. Attorney Deirdre M. Daly today announced new supervisory appointments within the U.S. Attorney’s Office.
Assistant U.S. Attorney Tracy Lee Dayton has been appointed Executive Assistant U.S. Attorney. Ms. Dayton joined the U.S. Attorney’s Office in 2007 and has served as Chief of the Violent Crimes and Narcotics Unit and as Senior Litigation Counsel. Since 2012, she has been a member of the Attorney General’s Review Committee on Capital Crimes. She previously served as an Assistant U.S. Attorney in the Eastern District of New York, and as a Deputy District Attorney in Los Angeles County. Ms. Dayton graduated from Princeton University in 1992 and UC Berkeley School of Law in 1995.
Assistant U.S. Attorney David E. Novick has been named Chief of the Criminal Division’s Financial Fraud and Public Corruption Unit, which focuses on the investigation and prosecution of securities, commodities and investor fraud, public corruption, bank fraud and embezzlement, mortgage fraud, tax fraud, health care fraud, bankruptcy fraud and Foreign Corrupt Practices Act violations. He previously served as a Deputy Chief of the FFPC Unit. Mr. Novick joined the Office in 2008 after serving as an Assistant District Attorney in the Manhattan District Attorney’s Office for approximately five years. He is a 1997 graduate of Yale University and a 2003 graduate of New York University School of Law.
Assistant U.S. Attorney Sarah P. Karwan has been named a Deputy Chief of the FFPC Unit. Prior to joining the Office in 2007, Ms. Karwan was in private practice for six years, and served as a law clerk to Chief U.S. District Judge Alfred V. Covello. She is a 1997 graduate of the College of William and Mary and a 2000 graduate of the UConn School of Law.
Assistant U.S. Attorney Liam Brennan of the FFPC Unit has been asked to lead the Connecticut Public Corruption Task Force, which investigates corrupt public officials, the misuse of public funds and related criminal activity. Mr. Brennan joined the Justice Department’s Fraud Section in Washington, D.C. in 2007, and moved to the U.S. Attorney’s Office in 2011. He graduated from the University of Notre Dame in 2001 and Yale Law School in 2007.
Assistant U.S. Attorney Jacabed Rodriguez-Coss has been appointed a Deputy Chief of the Criminal Division’s National Security and Major Crimes Unit, which is responsible for prosecuting matters involving international and domestic terrorism, civil rights and hate crimes, human trafficking and child exploitation, cybercrime and identity theft, organized crime, immigration and customs enforcement, government program and defense contractor fraud, and environmental crimes. Prior to joining the Office in 2014, Ms. Rodriguez-Coss was an Assistant U.S. Attorney in both the District of Maryland and the District of Puerto Rico, and served as a trial attorney in the Capital Case Section of the Justice Department’s Criminal Division. She graduated from Yale University in 1988 and Harvard Law School in 1991.
“Our office is fortunate to have many experienced and talented attorneys dedicated to keeping our communities safe, enforcing federal laws fairly and consistently, and representing the interests of the United States in court,” said U.S. Attorney Daly. “The AUSAs stepping into these supervisory roles are highly qualified and possess the skills and qualities to be effective and respected leaders. I am honored to work side by side these men and women as well as all the members of our supervisory team.”
The U.S. Attorney’s Office is charged with enforcing federal criminal laws in Connecticut and representing the federal government in civil litigation. The Office is composed of approximately 65 Assistant U.S. Attorneys and approximately 50 staff members at offices in New Haven, Hartford and Bridgeport.
For more information about the U.S. Attorney’s Office for the District of Connecticut, please visit www.justice.gov/ct.
Two former post office employees charged with embezzling fundsRead the Press Release
CLARKSBURG, WEST VIRGINIA – A federal grand jury returned indictments today charging Ceressa B. Patterson, 29, of Fairview, West Virginia, and Rose Munro, 53, of Wana, West Virginia, with stealing funds from the United States Postal Service, United States Attorney William J. Ihlenfeld, II, announced.
Patterson, formerly employed at the Pentress, West Virginia Post Office, and Munro, formerly employed at the Wana, West Virginia Post Office, are each alleged to have embezzled nearly $2,000 from their respective post offices by taking proceeds from the sale of money orders, stamps, and postage meter transactions for their own personal use.
Patterson and Munro are each charged with one count of “Misappropriation of Postal Funds.” They each face up to 10 years in prison and a fine of up to $250,000. The United States Postal Service Office of Inspector General is leading the investigations.
The federal grand jury also returned an indictment alleging that John Michael Keeney, 35, of Webster Springs, West Virginia, stole blank money order forms from a post office in Cowen, West Virginia. He is charged with one count of “Theft of Postal Money Orders.” He faces up to five years in prison and a fine of up to $250,000. The United States Postal Inspection Service is leading the investigation.
Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants.
Assistant U.S. Attorney Sarah Montoro is prosecuting Patterson and Munro and Assistant U.S. Attorney Andrew Cogar is prosecuting Keeney on behalf of the government.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Two Upshur County men sentenced for manufacturing, possessing methamphetamineRead the Press Release
CLARKSBURG, WEST VIRGINIA – Two residents of Upshur County, West Virginia were sentenced in federal court today for manufacturing and possessing methamphetamine, United States Attorney William J. Ihlenfeld, II, announced.
Dustin Lynn Phillips, 33, of Buckhannon, West Virginia, was sentenced today to 57 months in prison after he possessed and distributed methamphetamine in Upshur County, West Virginia throughout 2014. He pled guilty in July 2015 to one count of “Possession with Intent to Distribute Methamphetamine – Aiding and Abetting.” The Upshur County Sheriff’s Office and the Mountain Region Drug and Violent Crime Task Force investigated.
Steven S. Bennett, 40, also of Buckhannon, was sentenced today to twelve months and one day in prison and ordered to pay restitution in the amount of $18,461 for manufacturing methamphetamine in Randolph County, West Virginia in October 2014. He pled guilty in August 2015 to one count of “Manufacturing Methamphetamine.” The Buckhannon Police Department investigated.
Assistant U.S. Attorney Stephen Warner prosecuted Phillips and Assistant U.S. Attorney Sarah Montoro prosecuted Bennett on behalf of the government.
U.S. District Judge John Preston Bailey presided.
Two Marion County, WV residents charged with cocaine, prescription drug traffickingRead the Press Release
CLARKSBURG, WEST VIRGINIA – A federal grand jury returned indictments today charging Bertha Horton, 55, and Bennie Kyle, 60, both of Fairmont, West Virginia, with cocaine and prescription drug trafficking, United States Attorney William J. Ihlenfeld, II, announced.
Horton, also known as “Peaches,” allegedly sold cocaine on multiple occasions in May 2014 near East Fairmont Junior High School in Marion County, West Virginia. She is charged with three counts of “Distribution of Cocaine Base within 1,000 feet of a Protected Location.” She faces between one and forty years in prison and a fine of up to $2,000,000 on each of the three counts.
Kyle allegedly sold cocaine and lisdexamphetamine, a medication commonly used to treat attention deficit hyperactivity disorder, on multiple occasions throughout June and July 2015 in Marion County. Specifically, he is alleged to have sold these drugs on multiple occasions near Fairmont State University and Fifth Street Park. He is charged with two counts of “Distribution of Cocaine Base within 1,000 feet of a Protected Location,” one count of “Distribution of Lisdexamphetamine within 1000’ of a Protected Location,” and one count of “Distribution of Lisdexamphetamine.” He faces up to 20 years in prison and a fine of up to $1,000,000 on the distribution charge and between one and forty years in prison and a fine of up to $2,000,000 on each of the three protected location charges.
Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants.
Assistant U.S. Attorney Zelda Wesley is prosecuting the cases on behalf of the government. The Three Rivers Drug Task Force is leading the investigations.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Two Berkeley County men sentenced for firearms offensesRead the Press Release
MARTINSBURG, WEST VIRGINIA – Two men from Berkeley County, West Virginia were sentenced for violating federal firearms laws, United States Attorney William J. Ihlenfeld, II, announced.
William Gene George, Jr., 44, of Martinsburg, was sentenced to 51 months in prison for unlawful possession of a firearm. George was previously convicted of “Felony Child Neglect” in the Circuit Court of Berkeley County, West Virginia in 2007. As a result of that conviction, he is prohibited form possessing firearms. He was subsequently discovered in unlawful possession of a .22 caliber long rifle.
George pled guilty in August 2015 to one count of “Felon in Possession of a Firearm.” The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Berkeley County Sheriff’s Office investigated.
Kody William Brown, 21, of Inwood, West Virginia, was sentenced to 5 months in prison for lying while attempting to purchase a firearm. In February 2015, Brown attempted to purchase a .357 caliber revolver from a licensed firearms dealer in Morgan County, West Virginia. He misled the firearms dealer by indicating that he was purchasing the firearm for himself. In fact, he was purchasing the firearm for another individual who was prohibited from lawfully purchasing the gun.
Brown pled guilty in August 2015 to a criminal Information charging him with one count of “False Statement During Purchas of a Firearm.” The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
Assistant U.S. Attorney Paul Camilletti prosecuted Brown and Camilletti, along with Assistant U.S. Attorney Anna Krasinski, prosecuted George on behalf of the government.
Chief U.S. District Judge Gina M. Groh presided.