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29 October 2015
Bangor Man Pleads Guilty to Possessing Child PornographyRead the Press Release
Contact: Chris Ruge
Assistant United States Attorney
Tel: (207) 945-0373Bangor, Maine: United States Attorney Thomas E. Delahanty II announced that Joshua Dunston, 37, of Bangor, Maine, pled guilty today in U.S. District Court to possessing child pornography.
According to court records, from about March 17 to about May 5, 2015, Dunston uploaded multiple images of child pornography to online accounts he controlled, and kept scores of additional images depicting the sexual exploitation of young children on his cell phone. At the time of these acts, Dunston was on supervised release for a 2006 child pornography conviction.
Dunston faces between 10 and 20 years in prison, a $250,000 fine and between five years and a lifetime of supervised release. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Maine State Police Computer Crimes Unit, the Penobscot County Sheriff’s Office, and the Bangor Police Department.
Albuquerque Woman Sentenced to Federal Probation for Embezzling Social Security Administration FundsRead the Press Release
ALBUQUERQUE – Judith Ann Sanchez, 60, of Albuquerque, N.M., was sentenced today in federal court to three years of probation for her theft of government property conviction. Sanchez was also ordered to pay $384,579.11 in restitution to the Social Security Administration (SSA) which represents the money she fraudulently obtained from the SSA.
Sanchez pled guilty on May 5, 2015, to a felony information charging her with theft of government property. In entering the guilty plea, Sanchez admitted that from Oct. 1, 1990 through April 2012, she embezzled money from SSA in the form of Supplemental Security Income Program benefits, Supplemental Nutrition Assistance Program benefits and Medicaid benefits. Sanchez admitted she received payments from these programs in the total amount of $384,579.11 to which she was not entitled.
This case was investigated by the Social Security Administration and was prosecuted by Assistant U.S Attorney Paul Mysliwiec.
*****media Advisory*****Read the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez, Chairman Harvey Pratt of the Indian Arts and Crafts Board and Special Agent in Charge Nicholas E. Chavez of the U.S. Fish and Wildlife Service, Office of Law Enforcement for the Southwest Region, will hold a press conference at 1:00 P.M. on THURSDAY, OCTOBER 29, 2015, to announce a significant law enforcement action relating to an Indian Arts and Crafts Act investigation.
WHO: U.S. Attorney Damon P. Martinez, Chairman Harvey Pratt of the Indian Arts and Crafts Board, Special Agent in Charge Nicholas E. Chavez, U.S. Fish and Wildlife Service, Office of Law Enforcement for the Southwest Region
WHEN: THURSDAY, OCTOBER 29, 2015, 1:00 p.m. MDT
WHERE: U.S. Attorney’s Office of the District of New Mexico
201 Third Street NW
10th Floor Multi-Media Room (Reception on Ninth Floor)
Albuquerque, NM 87102
OPEN PRESS
NOTE: All media must present government-issued photo I.D. (such as a driver’s license) as well as valid media credentials (which must be worn around the neck or pinned to clothing at all times). Media may begin to arrive at 12:45 p.m. MDT. Inquiries regarding logistics should be directed to Alyssa Ferda at 505-224-1480 or [email protected].
28 October 2015
“Ceasefire Columbia” – Offender notification meeting set for Thursday, October 29, 2015Read the Press Release
Contact Person: Bill Nettles (803) 929-3000
Columbia, SC-------United States Attorney Bill Nettles, in collaboration with other federal, state and local law enforcement agencies announce the launch of initiative “Ceasefire Columbia!” This initiative is aimed at reducing gun violence in the 29203 neighborhoods of North Columbia.
Columbia Police Chief Skip Holbrook stated, “Last year the Columbia Police Department received over 1400 calls of shots fired of which there were 118 confirmed victims shot. A high and disproportionate number of these calls were located in the 29203 neighborhoods of North Columbia. Therefore, our focused goal is to address individuals most prone to commit violent crimes or be victim to violent crime, all while improving the quality of life in our neighborhoods.”
Operation “Ceasefire” was first introduced in Boston in the mid 90’s. This strategy has proven successful in reducing gun violence, reducing arrests and imprisonment, and strengthening disadvantaged communities. Similar focused deterrent strategies have proven successful around the state in cities such as Greenville, Aiken, North Charleston and Conway.
On Thursday, October 29, 2015 at 6:30 p.m., approximately 50 individuals who are currently on probation or parole will convene at the Eau Claire Print Building, 3907 Ensor Avenue, Columbia, SC 29203, where they will face law enforcement representatives, as well as members of their own community, who will let them know that “enough is enough.” The message will be clear: If any of these individuals are caught with a firearm or ammunition, they will immediately be taken into custody and charged in federal and/or state court, where they will face substantial prison sentences.
In addition to law enforcement, service providers will be present to discuss services which will help make it less likely for the attendees to reoffend. They will be offered assistance with issues they face, such as drug and alcohol dependency, housing issues, anger management, and employment.
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Woonsocket Resident Pleads Guilty to Drug Trafficking, Firearm ChargesRead the Press Release
PROVIDENCE, R.I. - Miguel Colon, 55, of Woonsocket, pleaded guilty in federal court in Providence today to charges of trafficking heroin and cocaine, and to carrying a firearm in furtherance of his drug trafficking activities. Colon was arrested in April 2015 by federal, state and local law enforcement upon his return to New England from Texas and Florida with three kilos of cocaine and a loaded firearm found stashed inside a sophisticated hydraulically-controlled hidden compartment inside his vehicle. A subsequent court authorized search of self-storage units rented by Colon resulted in the seizure of nearly 900 grams of heroin.
Appearing before U.S. District Court Chief Judge William E. Smith, Colon pleaded guilty to possession with the intent to distribute 100 grams of more of heroin, possession with the intent to distribute 500 grams or more of cocaine, being a felon in possession of a firearm and carrying a firearm during a drug trafficking crime.
Colon’s guilty plea is announced by United States Attorney Peter F. Neronha; Woonsocket Police Chief Thomas S. Carey; Providence Police Chief Colonel Hugh T. Clements, Jr.; Colonel Steven G. O’Donnell, Superintendent of the Rhode Island State Police; and Michael J. Ferguson, Special Agent in Charge of the DEA’s New England Field Division.
According to court documents and information presented to the court, Woonsocket and Providence Police detectives, independent of one another, developed information this past winter that approximately once a month Miguel Colon traveled by vehicle to Texas and/or Florida to obtain large amounts of cocaine and/or heroin, which he then transported back to Rhode Island to distribute. In late April, detectives and officers from the Providence and Woonsocket Police Departments developed information that Colon was on a drug run to Texas and Florida. The investigation determined that Colon and a female companion would be arriving back into Rhode Island in the early morning hours of April 27, 2015.
According to court documents and information presented to the court, in the early morning hours of April 27, numerous local, state and federal unmarked law enforcement vehicles were posted along Route 95 N from the Connecticut border and northward. Law enforcement spotted Colon’s vehicle at about 4:00AM, and followed the vehicle until it came to a stop in a parking lot of a motel in North Attleboro, Mass. Law enforcement quickly surrounded the vehicle and removed Colon. A Rhode Island State Police K-9 indicated the presence of narcotics inside the vehicle.
With the assistance of North Attleboro and Massachusetts State Police, the vehicle was removed to the North Attleboro Police Department where a Massachusetts court authorized search of the vehicle resulted in the discovery of three kilos of cocaine, approximately one pound of marijuana and a loaded semi-automatic firearm inside a sophisticated hydraulically-controlled hidden compartment.
Also located in the vehicle were keys to self-storage units at a Woonsocket storage facility. A Rhode Island court authorized search of two storage units rented by Colon at the Woonsocket storage facility resulted in the seizure of approximately 895 grams of heroin, and various items used in the packaging and distribution of drugs.
A court authorized search of Colon’s residence resulted in the seizure of .380 caliber live ammunition, drug ledgers with amounts of money listed next to names - some of the names on the ledgers were known to Woonsocket Police narcotics detectives as drug dealers in the City of Woonsocket, several small seedling sized marijuana plants and a State of Rhode Island marijuana caregiver card issued to Colon.
Colon, who has been detained in federal custody since his arrest, is scheduled to be sentenced by U.S. District Court Chief Judge William E. Smith on January 14, 2016.
The case is being prosecuted by Assistant U.S. Attorney Gerard B. Sullivan.
Wheatland father, son charged with illegal firearmsRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Wheatland, Mo., father and son were charged in separate cases today with illegally possessing firearms.
William “Bill” Harlan Parker, 40, and his son, Devlin Quanah Parker, 20, both of Wheatland, were charged in separate criminal complaints filed in the U.S. District Court in Jefferson City, Mo. Bill and Devlin Parker, who were arrested today, remain in federal custody pending a detention hearing on Monday.
Today’s complaint charges Bill Parker with possessing firearms after being convicted of a crime of domestic violence, and with possessing an unregistered firearm. Today’s complaint charges Devlin Parker with possessing unregistered firearms.
According to an affidavit filed in support of the federal criminal complaints, an investigator with the Hickory County, Mo., Sheriff’s Department was following up on a report of sounds of gunfire on July 14, 2015. Bill and Devlin Parker were identified as the individuals conducting the shooting. Several witnesses reported that the Parkers always carried firearms on their sides. Cooperating sources also told law enforcement officers that there were firearms at their residence and that Bill Parker had made statements about shooting and killing law enforcement officers.
A federal search warrant was executed today at the Parker residence. Law enforcement officers seized an AR-15-style rifle that Bill Parker was holding when they entered the residence, a .223-caliber rifle with no markings or serial number. There were several other firearms located in the residence, including a Springfield .40-caliber pistol, a Stevens 12-gauge shotgun, an Archangel .22-caliber rifle and a Para .45-caliber pistol with no visible serial number.
It was determined that Devlin Parker was sleeping on a cot in a Chevrolet van parked outside the residence. Officers searched the van and found a Smith & Wesson .40-caliber handgun with no visible serial number inside the sleeping bag Devlin Parker was using. There was also a 12-gauge shotgun with no markings in the van. In a box behind the driver’s seat officers found two AR-15-style rifles, with short barrels and no visible identifying markings. The rifles were field-tested and determined to be “machine guns.” There was also a large amount of various ammunition found in the van.
Dickinson cautioned that the charges contained in these complaints are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
These cases are being prosecuted by Assistant U.S. Attorney Lawrence E. Miller. They were investigated by the Hickory County, Mo., Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Volo, Illinois Woman Pleads Guilty to Robbing Two Chase Bank Branches and Attempting to Rob A ThirdRead the Press Release
ROCKFORD — A Lake County woman pleaded guilty today in federal court to two counts of bank robbery and one count of attempted bank robbery. TERESA M. KNOWLES, 39, of Volo, Ill., pleaded guilty before U.S. District Judge Frederick J. Kapala to robbing the Chase Bank, in Crystal Lake, Ill. on March 21, 2015, and the Chase Bank, in Grayslake, Ill. on March 24, 2015, as well as attempting to rob the Chase Bank in Johnsburg, Ill., on March 24, 2015.
According to the written plea agreement, on March 21, 2015, Knowles drove a Nissan SUV to a branch of Chase Bank located in Crystal Lake, Ill. She entered the bank, approached a teller window and passed the teller a note that demanded $10,000. The teller first handed Knowles $400. When Knowles said that was not enough money, the teller then handed Knowles another $2450. Knowles then left the bank and drove away.
Knowles also admitted in the plea agreement that on March 24, 2015, she drove to a branch of Chase Bank located in Grayslake, Ill. She entered the bank and handed a teller a note similar to the note Knowles used in robbing the Chase Bank branch in Crystal Lake. The teller handed Knowles $1,000. Knowles walked out of the Chase Bank with the note and drove away.
In addition, Knowles admitted that on March 24, 2015, she drove to a branch of Chase Bank located in Johnsburg, Ill. There, she entered the bank and handed a teller a note demanding money. When the teller refused to hand over any money, Knowles walked out of the Chase Bank and drove away.
Each count of bank robbery and attempted bank robbery carries a maximum potential penalty of up to 20 years in prison, up to 3 years of supervised release following imprisonment, a fine of up to $250,000, and full restitution. The court must impose a reasonable sentence guided by the advisory United States Sentencing Guidelines. Sentencing for Knowles is set for February 4, 2016, at 2:30 p.m.
The guilty plea was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois, and Michael J. Anderson, Special Agent-in-Charge of the Chicago Office of Federal Bureau of Investigation. The Johnsburg Police Department, McHenry Police Department, Grayslake Police Department, and Crystal Lake Police Department assisted in the investigation.
The government is represented by Assistant U.S. Attorney Michael D. Love.
Plea Agreement
U.S. Attorney's Office, District of Oregon, Hosts Training on Identifying and Investigating Hate CrimesRead the Press Release
PORTLAND, Ore. - On Wednesday, October 28, the United States Attorney’s Office, in partnership with the United States Department of Justice, and the Department of Public Safety Standards and Training, held a day-long training for local, state, tribal, and federal law enforcement, as well as advocacy organizations and community leaders on the topic of Identifying and Investigating Hate Crimes. The training was held on the anniversary date of the passage of the landmark Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, signed into law by President Obama on October 28, 2009.
The training brought nearly 100 people together, representing law enforcement, as well as state, regional, and national community representatives covering the range of interests of the protected classes under the Act. The training featured information on federal and state hate crimes statutes, with particular emphasis on the importance of accurate reporting of hate crimes, as well as a community panel on how law enforcement and the community can work together to bring awareness and prevention of hate crimes. Several special guest speakers presented throughout the day, including Judy Shepard, mother of Matthew Shepard (after whom the statute was named), U.S. Attorney Billy J. Williams, and Marion County Sheriff Jason Myers. Also, Representatives from the Civil Rights Division of the U.S. Department of Justice and the Federal Bureau of Investigation provided case studies to help provide context for the legal complexities of prosecuting such cases. The training is part of the Department’s nationwide effort to provide training on the Hate Crimes Prevention Act to local law enforcement entities, and to increase awareness on the importance of reporting such crimes.
Acting United States Attorney Billy J. Williams notes that the involvement of the community in such training is key to successful enforcement of hate crimes. “Being able to live safely in one’s community is one of the most basic civil rights. In a diverse nation like ours, every one of us must be able to live, go to school, and work without fear of being attacked because of how we look, what we believe, where we come from, or whom we love,” Williams stated. “My office is committed to working with the Civil Rights Division, Law Enforcement, and the community to properly investigate and prosecute those who commit hate crimes.”
Mrs. Shepard, who spoke to the victim’s perspective on hate crimes, said: “On the long road to passing this law, Dennis and I always kept in mind the true purpose, which was to not only see that justice is done for hate crime victims and their loved ones, but more importantly to educate the public about the sheer size of this problem and the community about the exact ways it can protect them. Trainings like these are vital to ensure the Act delivers its full potential.”
The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act enables the Justice Department to prosecute crimes motivated by race, color, religion and national origin without having to show that the victim was engaged in a federally protected activity. The Shepard-Byrd Act also empowers the Department to prosecute hate crimes committed because of the actual or perceived sexual orientation, gender identity, gender or disability of the individual targeted.
In late 2014, the FBI released its annual Hate Crime Statistics report for 2013. The report can be accessed at http://www.fbi.gov/about-us/cjis/ucr/hate-crime/2013. According to the report, 5,928 hate crime incidents involving 6,933 offenses were reported by state and local law enforcement partners to the FBI’s Uniform Crime Reporting (UCR) program in 2013. These hate crime incidents impacted a total of 7,242 victims – defined as individuals, businesses, institutions, or society as a whole. Of note, this report was the first UCR publication to contain data collected under the Matthew Shepard and James Byrd, Jr. Hate Crime Prevention Act of 2009.
Underreporting of such crimes remains a significant concern. According to data provided in the report, thousands of police departments did not report data to the FBI, and of those that did, only about 12 percent reported one or more hate crimes. Further, more than 80 cities with populations over 100,000 either did not participate in the reporting program, or affirmatively reported zero hate crimes to the FBI. In his opening remarks, Acting U.S. Attorney Bill Williams stated that, “We must seize this time as an opportunity to redouble our efforts to work together to improve reporting of hate crime data in order to understand, to the fullest extent, the issues facing our communities today.”
Two Former Tampa Police Department Officers Indicted on Tax Fraud and Money Laundering ChargesRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces the return of an indictment charging LaJoyce Caldwell Houston (49) and Eric Houston (54) with conspiracy, theft of government property, and money laundering conspiracy. LaJoyce Houston is also charged with obtaining information from a protected computer with the intent to defraud and aggravated identity theft. If convicted, each faces a maximum penalty of 5 years in federal prison for the conspiracy count, up to 10 years in federal prison for each of the theft of government property counts, and up to 20 years’ imprisonment for the money laundering conspiracy count. LaJoyce Houston also faces a maximum penalty of 10 years in federal prison for the computer intrusion count and 2 years’ imprisonment for the aggravated identity theft count, to be served consecutive to any term of imprisonment imposed for the theft of government property and computer intrusion counts. The indictment notifies the couple that the United States intends to seek a forfeiture money judgment in an amount to be determined, but at least $239,116.91, which is traceable to the proceeds of the offenses.
According to the indictment, LaJoyce Houston was a sworn law enforcement officer with the Tampa Police Department (TPD). As part of her authorized duties, she had access to local, state, and federal law enforcement databases, including the State of Florida’s Driver and Vehicle Information Database (DAVID), but her use was restricted to the performance of her authorized duties. Her husband, TPD homicide detective Eric Houston, also had access to the databases for the performance of his authorized duties.
The indictment alleges that beginning in approximately 2010, the Houstons conspired to, among other things, access the personally identifiable information (PII) of individuals using a variety of sources, including law enforcement databases, and transmit it to Rita Girven and others, whom they knew were using that information to commit crimes, including the filing of false federal income tax returns, the receipt of fraudulently obtained tax refunds, establishing and using bank accounts in others’ names, and identity theft. Girven was a TPD informant and a friend of the couple.
The conspirators directed that the fraudulently obtained tax refunds be deposited onto reloadable debit cards or deposited directly into bank accounts opened and maintained in the names of the conspirators and others, including identities that had been stolen. The conspirators then used the debit cards and bank accounts to conduct financial transactions, including making purchases, paying off lines of credit, purchasing money orders, and withdrawing cash from ATMs.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
Rita Girven was charged separately with conspiracy to commit wire fraud in the filing of fraudulent federal income taxes. She pleaded guilty on March 16, 2015, and is scheduled to be sentenced on November 20, 2015.
This case was investigated by the Internal Revenue Service Criminal Investigation, the Tampa Police Department, and the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorneys Mandy Riedel and Megan Kistler.
Twice Convicted Turtle Egg Thief Sentenced to 21 Months in PrisonRead the Press Release
BRUNSWICK, GEORGIA- Lewis Jackson, 61, of Brunswick, Georgia was sentenced today by Chief United States District Judge Lisa Godbey Wood to serve 21 months in prison on his second conviction for violating the Lacey Act by stealing viable sea turtle eggs from Sapelo Island, Georgia. The Lacey Act forbids the stealing and transporting of endangered species, including loggerhead sea turtle eggs. Back in 2013, Jackson was sentenced to 6 months in prison for his first Lacey Act conviction.
According to evidence presented during the guilty plea and sentencing hearings, on July 6, 2015, a Wildlife Technician with the Georgia Department of Natural Resources Sea Turtle Program discovered that 84 loggerhead sea turtle eggs from a nest on Sapelo Island, Georgia were missing. Law enforcement determined that one of the visitors to the island that day was Jackson, who had stolen over 150 loggerhead turtle eggs in 2012. The next day, on July 7, Jackson was arrested trying to leave the island with a cooler full of sea turtle eggs. Jackson appeared to have wrapped the eggs with the intent to sell them. Loggerhead eggs now fetch as much as $25 per egg on the black market. Because of Jackson’s handling of the turtle eggs, they were no longer viable and were therefore destroyed. Sea turtles are long-lived and slow to reach maturity. Pressures from the illegal harvesting of eggs and the poaching of adults worsen the extinction risk faced by these animals. In Georgia, the loggerhead sea turtle is listed as “threatened” under the Endangered Species Act and is the most common sea turtle which nests on Sapelo Island.
United States Attorney Edward Tarver said, “After a prison sentence 3 ½ times longer than his first, this defendant should finally get the message that when you seek to profit by unlawfully exploiting our endangered species and national treasures, your next stop will be a federal prison.”
“This multi-agency investigation highlights the importance the U.S. Fish and Wildlife Service and the Georgia Department of Natural Resources place on protecting our nation's most imperiled species from unlawful harvest and illegal commercialization, and the effectiveness of the Lacey Act in implementing those protections," said Luis Santiago, Special Agent in Charge, Southeast Region, U.S. Fish and Wildlife Service’s Office of Law Enforcement. "This case and today’s sentencing demonstrate that those seeking financial gain at the expense of our protected wildlife resources will be caught and held accountable.”
“We appreciate the cooperation from the other agencies in bringing this case to a successful close,” said Colonel Eddie Henderson, director of Georgia DNR’s Law Enforcement Division. “I hope this sends a message that crimes that negatively impact wildlife, or any of our natural resources, won’t be tolerated in Georgia.”
This case was investigated by the United States Fish and Wildlife Service, the Georgia Department of Natural Resources, and the United States Probation Office. Assistant United States Attorney E. Greg Gilluly, Jr. prosecuted the case on behalf of the United States. Please direct any additional questions to First Assistant United States Attorney James D. Durham at (912) 201-2547.
Tuscaloosa Man Gets 10 Years in Prison for Coercing and Inducing Child to Engage in Sexual ActivityRead the Press Release
BIRMINGHAM -- A federal judge today sentenced a Tuscaloosa man to 10 years in prison for sending cell phone texts to a minor child over nearly two years to coerce or induce her to engage in sexual activity, announced U.S. Attorney Joyce White Vance, FBI Special Agent in Charge Roger C. Stanton and Tuscaloosa County Sheriff Ron Abernathy.
U.S. District Judge Virginia Emerson Hopkins sentenced EARL WAYNE BABIN, 49, on one count of coercion and enticement. Babin pleaded guilty to the charge in July. As part of a plea agreement, government prosecutors recommended a 10-year prison sentence. Babin already is in custody. Once he completes his prison sentence, he must remain on supervised release for 15 years, according to the judge's order.
Babin admitted in his guilty plea that he had used hidden cameras and provided provocative lingerie for the child, then sent text messages urging her to try on the inappropriate undergarments so he could produce visual images. He conducted the exploitation between July 2012 and March 2014, when the child was less than 16 years old.
Babin admitted that he engaged in illegal sexual activity with the child and produced images of child pornography that involved her, according court documents.
The FBI and the Tuscaloosa County Sheriff's Office investigated the case, which Assistant U.S. Attorney Jacquelyn M. Hutzell prosecuted.
Tuna Fleet Companies to Pay over $1 Million in Civil Penalties and Perform Fleet-Wide Compliance Review to Settle U.S. Claims for American Samoa Oil SpillRead the Press Release
Tri-Marine Management Co., Tri-Marine Fishing Management and Cape Mendocino Fishing (Tri-Marine) have agreed to pay $1.05 million in civil penalties and to perform fleet-wide inspections and other corrective measures to resolve claims stemming from an October 2014 oil spill in American Samoa and related violations of spill prevention regulations, the Department of Justice and the Coast Guard announced today.
In its complaint, filed today along with the lodging of a consent decree in the U.S. District Court for the District of Hawaii, the United States alleges that the Tri-Marine companies are liable for the October 2014 oil spill from their 230-foot commercial tuna fishing vessel, the Capt. Vincent Gann, into Pago Pago Harbor in American Samoa and related violations of the Coast Guard’s spill prevention regulations. After the Capt. Vincent Gann returned to Pago Pago Harbor from a two-month fishing voyage, it struck two moored fishing vessels while maneuvering in the harbor on Oct. 16, 2014. The hull of the Capt. Vincent Gann was breached during the crash and at least 35 barrels of marine fuel oil flowed out of the bulbous bow into the water. It is illegal to store fuel in the bulbous bow.
The complaint further alleges the illegal oil storage was done to extend the duration of the fishing voyage and allow storage of a larger catch of fish. The extra fuel oil had been stored in two of the fish holds, but the oil was transferred out of the fish holds to the bulbous bow to make room for storage of tuna in those fish holds.
The complaint also alleges the vessel was equipped with unlawful piping configurations that tied the bilge water system into the fuel system and that the extra fuel originally was loaded into the vessel using an unauthorized method of pumping fuel oil with hoses over the top of the deck into open fish holds.
In addition to payment of the civil penalties, the consent decree requires Tri-Marine to perform inspections and corrective measures across its entire fleet of ten American Samoa-based vessels, including a top-to-bottom review and overhaul of all of the vessels’ oil handling practices, operator certifications, independent audits, increased reporting, and the engagement of a full-time consultant or in-house personnel focused on environmental and maritime compliance.
“This settlement sends a clear message to vessel owners and operators that they cannot put profits ahead of protection of the marine environment or compliance with the law,” said Assistant Attorney General John C. Cruden, for the Justice Department’s Environment and Natural Resources Division. “Tri-Marine will pay a significant penalty and conduct meaningful fleet-wide corrective measures for its release of oil into Pago Pago Harbor, a sensitive and valuable marine environment. We are grateful to our partner at the U.S. Coast Guard for their swift and diligent investigation of these violations.”
“Storage of oil in the bulbous bow has long been prohibited and poses obvious and serious risks to a vessel’s crew and the marine environment,” said Captain Shannon Gilreath, Sector Commander of the Coast Guard’s Sector Honolulu, which covers both American Samoa and Hawaii. “This enforcement action reinforces this point and emphasizes safety and pollution prevention measures within this fleet of vessels.”
Section 311(b) of the Clean Water Act makes it unlawful to discharge oil or hazardous substances into or upon the navigable waters of the United States or adjoining shorelines in quantities that may be harmful to the environment or public health. In addition, the Coast Guard has promulgated spill prevention regulations for vessels and other facilities under Section 311(j) of the Act. The penalty paid for this spill and the related spill prevention violations will be deposited in the federal Oil Spill Liability Trust Fund managed by the National Pollution Fund Center. The Oil Spill Liability Trust Fund is used to pay for federal response activities and to compensate for damages when there is a discharge or substantial threat of discharge of oil or hazardous substances to waters of the United States or adjoining shorelines.
The proposed consent decree, lodged in the District of Hawaii, is subject to a 30-day public comment period and court review and approval. A copy of the consent decree is available on the Department of Justice website at www.justice.gov/enrd/Consent_Decrees.html.
Texas Man Indicted for Distributing Methamphetamine in Greene CountyRead the Press Release
BIRMINGHAM -- A federal grand jury on Tuesday indicted a Texas man in connection with the illegal distribution of methamphetamine in Greene County, announced U.S. Attorney Joyce White Vance and Drug Enforcement Administration Assistant Special Agent in Charge Clay A. Morris.
A two-count indictment filed in U.S. District Court charges ISACC PINEDO, 22, with conspiracy to distribute 500 grams or more of methamphetamine in Greene County between May 2015 and June 24, 2015. It also charges Pinedo with possessing with intent to distribute 500 grams or more of the illegal drug in Greene County on June 24.
The maximum penalty for both the conspiracy and the possession with intent to distribute charge is life in prison and a $10 million fine.
DEA and the 17th Judicial Circuit Drug Task Force investigated the case, which Assistant U.S. Attorney John B. Felton is prosecuting.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Tax Preparers Convicted of Preparing and Filing False Tax ReturnsRead the Press Release
ATLANTA - Frederick Jenkins and Willie Jenkins were convicted by a federal jury Monday, October 26, 2015, on charges that they conspired to prepare and file false federal tax returns that claimed over $1 million in tax refunds.
“The actions of these defendants reflected a willful disregard for our tax system,” said U.S. Attorney John Horn. “Our citizens will not tolerate tax preparers who abuse the system for their own financial gain, and tax cheats will be investigated by the Internal Revenue Service and, where appropriate, criminally prosecuted.”
“This verdict exemplifies IRS Criminal Investigation’s intense focus on the rigorous pursuit of tax refund fraud,” stated Special Agent in Charge, Veronica F. Hyman-Pillot. “These unscrupulous defendants thought they had devised a clever scheme which preyed on unsuspecting victims and benefited them financially. Return preparers cannot fraudulently steal public money and enrich their bank accounts at the expense of the United States Treasury and other taxpayers and not expect to go unpunished.”
“The Jenkins’ did a disservice to legitimate tax preparers who comply with Georgia Tax Law. We will continue to find and track others who seek to defraud the taxpayers of our state.” said Lynne Riley, State Revenue Commissioner, Georgia Department of Revenue.
According to U.S. Attorney Horn, the charges, and other information presented in court: Since 2006, brothers Frederick and Willie Jenkins owned and operated Global Tax Service LLC (GTS), a tax preparation business with multiple locations throughout the metropolitan Atlanta area, and in other states, including Alabama. During the tax years under investigation, 2008 through 2011, the Jenkins brothers prepared and filed false income tax returns for clients. The false items primarily consisted of fraudulent and fictitious business income and losses in order to inflate tax refunds.
For some clients, the Defendants made up a business that did not exist, and then falsified business expenses to make it appear that the business had lost money. For other clients with established businesses, the Defendants fraudulently added false business expenses. The fraudulent business and business expenses were added by the Defendants without the clients’ knowledge.
The end result was the same: The refunds were inflated. Higher refunds led to more money for the Defendants, who often took a percentage of the refund as their fee. Subsequently, when clients sought copies of their tax returns, Jenkins provided them with altered copies, or refused to give copies all together.
After a 5-day jury trial, the jury found Frederick Jenkins guilty on 11 counts and Willie Jenkins guilty on 7 counts. Both were indicted by a federal grand jury on May 20, 2014.
Sentencing for Frederick Jenkins and Willie Jenkins of Fairburn, Georgia, will be scheduled before United States District Judge Orinda D. Evans at a date to be determined.
This case is being investigated by the Internal Revenue Service Criminal Investigation, and the Georgia Department of Revenue.
Assistant United States Attorneys Bernita B. Malloy and Chris Bly are prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The home page for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao/gan/.
Suffolk Heroin Dealer Pleads Guilty to Drug and Gun ChargesRead the Press Release
NORFOLK, Va. – Christopher Salkey, 31, of Suffolk, pleaded guilty today to charges of conspiracy to distribute heroin and possessing a firearm as a convicted felon.
In a statement of facts filed with the plea agreement, in the summer of 2012 up to May 2015, Salkey conspired with his father and two others to distribute heroin in Suffolk and Portsmouth. Each week Salkey (who has a previous conviction for selling narcotics) and his father would receive a significant quantity of heroin to which they would add a cutting agent and then cap it up for distribution. During the course of the conspiracy it is estimated they distributed at least eight kilograms of heroin. On May 20, 2015, the Suffolk Police Department and federal agents from the Drug Enforcement Administration (DEA) executed a search warrant at Salkey’s residence in Suffolk where they recovered a quantity of heroin and packaging material used for distribution. Additionally, agents also discovered a marijuana grow operation with 129 marijuana plants. Law enforcement later learned Salkey had hidden two firearms in the residence, which agents later recovered.
Salkey was charged by criminal complaint on Sept. 18, 2015. He faces a maximum penalty of life in prison and a mandatory minimum sentence of 10 years in prison when sentenced on Feb. 18, 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 Karl C. Colder, Special Agent in Charge for the DEA’s Washington Field Division, made the announcement after the plea was accepted by U.S. District Judge Arenda L. Wright Allen. Assistant U.S. Attorneys William D. Muhr and V. Kathleen Dougherty are 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. 2:15cr135.
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Statement by the U.S. Attorney's Office Following the Guilty Plea of Former U.S. House Speaker John Dennis HastertRead the Press Release
CHICAGO — This morning, JOHN DENNIS HASTERT, 73, of Plano, pleaded guilty in federal court to one count of illegally structuring cash withdrawals in order to evade financial reporting requirements. The Honorable U.S. District Judge Thomas M. Durkin scheduled a sentencing hearing for February 29, 2016, at 10:00 a.m.
The United States Attorney’s Office for the Northern District of Illinois issued this statement following the guilty plea:
“Now that Mr. Hastert has pled guilty, and the Court has accepted his guilty plea, the case will proceed to sentencing. As part of the sentencing process in this case, as in all cases, we will provide the Court with relevant information about the defendant’s background and the charged offenses, and the defendant will have an opportunity to do the same, so that the Court can impose an appropriate sentence taking into account all relevant factors in the case. We have no further comment about the matter at this time.”
Plea Agreement
St. Thomas Man Pleads Guilty to Possession of a Firearm by a Convicted FelonRead the Press Release
St. Thomas, USVI – On Wednesday, October 28, 2015, Michael A. Lewis, 36, pleaded guilty in District Court on St. Thomas to Possession of a Firearm by a Convicted Felon, United States Attorney Ronald W. Sharpe announced. Sentencing is scheduled for March 3, 2016.
According to the plea agreement filed with the court, on June 23, 2015, Virgin Islands Police Department (VIPD) Officers attempted to conduct a field interview with Lewis who took off running from the officers. As Lewis was running from VIPD officers, a butt of a firearm was seen protruding from his front right pants’ pocket. Lewis was later apprehended in a residence where he discarded three firearms. VIPD officers recovered the firearms. Lewis is a convicted felon and not authorized to possess a firearm. He faces a maximum sentence of 10 years in prison and a $250,000 fine.
This case is the result of a joint investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the VIPD. It is being prosecuted by Assistant United States Attorney Sigrid M. Tejo-Sprotte.
Slidell Man Sentenced for over $355,000 in False Claims to the Deepwater Horizon Economic Claims CenterRead the Press Release
U.S. Attorney Kenneth A. Polite announced that CASEY THONN, age 35, of Slidell, was sentenced today after previously pleading guilty to a two-count Bill of Information charging him with wire fraud in connection with fraudulent claims filed with the Deepwater Horizon Economic Claims Center (“DHECC”).
U.S. District Judge Stanwood R. Duval, Jr. sentenced THONN to serve 24 months in prison, to be followed by 3 years of supervised release. In addition to the term of imprisonment, THONN was ordered to pay restitution in the amount of $355,251, as well as a $200 special assessment.
According to court documents, THONN submitted multiple claims with the Seafood Compensation Program administered by the DHECC based on losses he allegedly sustained as result of the April 2010 oil spill. Subsequently, in early November 2012, the DHECC notified THONN that he was eligible to receive approximately $1,750.36 for these claims.
In turn, on December 3, 2012, THONN submitted Requests for Reconsideration of his original eligibility notices requesting his compensation be recalculated based on a false Federal tax return THONN provided to the DHECC. In that false submission, THONN claimed he received $156,000 of gross revenue from commercial shrimping sales in 2009. This fraudulent submission increased the defendant’s compensation from $1,750.36 to a total of $357,002.35 for these claims. Finally, in March 2013, THONN received a total of $357,002.35 from the DHECC which was caused by his fraudulent submissions.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant United States Attorney Carter K.D. Guice, Jr. was in charge of the prosecution
Shawnee Man Indicted in Armed Robbery at Overland Park BankRead the Press Release
KANSAS CITY, KAN. - A Shawnee man was indicted Wednesday on federal charges of armed robbery at an Overland Park bank, U.S. Attorney Barry Grissom said.
Mamoudou M. Kaba, 19, Shawnee, Kan., was charged with one count of bank robbery and one count of brandishing a firearm during the robbery. The grand jury indictment alleges that on Sept. 22, 2015, Kaba brandished a Ruger 9 mm handgun when he robbed U.S. Bank, 9900 West 87th Street in Overland Park, Kan.
If convicted, he faces a maximum penalty of 25 years in federal prison and a fine up to $250,000 on the bank robbery charge, and a penalty of not less than seven years and a fine up to $250,000 on the firearm charge. The Overland Park Police Department and the FBI investigated. Assistant U.S. Attorney David Zabel is prosecuting
OTHER GRAND JURY INDICTMENTS
Susan Wooten-Robb, 24, Kansas City, Mo., is charged with five counts of embezzlement and one count of wire fraud. The indictment alleges that while she worked for Community America Credit Union at 5601 W. 95th in Overland Park she embezzled more than $32,000. She made unauthorized debits from customers’ accounts and she removed cash from her teller drawer. To conceal the crime she entered false information in a currency transaction reporting system.
If convicted, she faces a maximum penalty of 30 years in federal prison and a fine up to $1 million on each embezzlement count, and a maximum penalty of 20 years and a fine u to $250,000 on the wire fraud count. The U.S. Secret Service investigated. Assistant U.S. Attorney Jabari Wamble is prosecuting.
Mikayla Kiefer, 56, Kansas City, Mo., is charged with one count of embezzling public money and one count of bank fraud. The indictment alleges she fraudulently received more than $10,000 in unemployment benefits while she was working for the Keebler Company in Kansas City, Kan. She received the money through a Citibank Visa debit card.
If convicted, she faces a maximum penalty of 10 years and a fine up to $250,000 on the embezzlement count, and a maximum penalty of 30 years and a fine up to $1 million on the wire fraud count. The Kansas Department of Labor and the U.S. Department of Labor – Office of Inspector General investigated. Assistant U.S. Attorney Chris Oakley is prosecuting.
Wanda R. Ewing, 48, Kansas City, Mo., is charged with one count of embezzling public money, one count of bank fraud, one count of concealing property from creditors in a bankruptcy, one count of making a false statement under oath and one count of making a false declaration in a bankruptcy filing. The indictment alleges she fraudulently received more than $19,800 in unemployment benefits while she was working for the Keebler Company in Kansas City, Kan.
If convicted, she faces a maximum penalty of 10 years and a fine up to $250,000 on the embezzlement count, a maximum penalty of 30 years and a fine up to $1 million on the wire fraud count, and maximum penalty of five years and a fine up to $250,000 on each of the other counts. The Kansas Department of Labor and the U.S. Department of Labor – Office of Inspector General and the United States Trustees investigated. Assistant U.S. Attorney Chris Oakley is prosecuting.
Gerren K. Love, 38, Topeka, Kan., is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred Oct. 11, 2015, in Kansas City, Kan.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Terra Morehead is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Seller of “Miracle Mineral Solution” Sentenced to Prison for Marketing Toxic Chemical as a Miracle CureRead the Press Release
A Spokane, Washington, man was sentenced last night to more than four years in federal prison for selling industrial bleach as a miracle cure for numerous diseases and illnesses, including cancer, AIDS, malaria, hepatitis, Lyme disease, asthma and the common cold, the Department of Justice announced today.
Louis Daniel Smith, 45, was sentenced by Chief Judge Rosanna Malouf Peterson of the Eastern District of Washington to serve 51 months in prison to be followed by three years of supervised release.
After a seven-day trial in June, a jury convicted Smith of one count of conspiracy to commit multiple crimes, three counts of introducing misbranded drugs into interstate commerce with intent to defraud or mislead and one count of fraudulently smuggling merchandise into the United States. Evidence at trial showed that Smith operated a business called “Project GreenLife” (PGL) from 2007 to 2011. PGL sold a product called “Miracle Mineral Supplement,” or MMS, over the Internet. MMS is a mixture of sodium chlorite and water. Sodium chlorite is an industrial chemical used as a pesticide, for hydraulic fracturing and for wastewater treatment. Sodium chlorite cannot be sold for human consumption, and suppliers of the chemical include a warning sheet stating that it can cause potentially fatal side effects if swallowed.
“Today’s sentence is a just result reflecting the defendant’s role as the leader of a business that sold dangerous chemicals as miracle cures to sick people and their desperate loved ones,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “Consumers have the right to expect that the medicines that they purchase are safe and effective.”
The government presented evidence that Smith instructed consumers to combine MMS with citric acid to create chlorine dioxide, add water and drink the resulting mixture. Chlorine dioxide is a potent agent used to bleach textiles, among other industrial applications. Chlorine dioxide is a severe respiratory and eye irritant that can cause nausea, diarrhea and dehydration. Smith provided instructions for use of his product including that nausea, diarrhea and vomiting were all signs that the miracle cure was working. The instructions also stated that despite a risk of possible brain damage, the product might still be appropriate for pregnant women or infants who were seriously ill.
According to the evidence presented at trial, Smith created phony “water purification” and “wastewater treatment” businesses in order to obtain sodium chlorite and ship his MMS without being detected by the Food and Drug Administration (FDA) or U.S. Customs and Border Protection. The government also presented evidence that Smith hid evidence from FDA inspectors and destroyed evidence while law enforcement agents were executing search warrants.
Before trial, three of Smith’s alleged co-conspirators, Chris Olson, Tammy Olson and Karis DeLong, Smith’s wife, pleaded guilty to introducing misbranded drugs into interstate commerce. Chris Olson, along with alleged co-conspirators Matthew Darjanny and Joseph Lachnit, testified at trial that Smith was the leader of PGL.
The case was investigated by agents of the FDA’s Office of Criminal Investigations and the U.S. Postal Inspection Service. The case was prosecuted by Christopher E. Parisi and Timothy T. Finley of the Civil Division’s Consumer Protection Branch in Washington, D.C.
San Juan County Resident Charged with Violating the Federal Firearms Laws in AlbuquerqueRead the Press Release
ALBUQUERQUE – Jose Velasquez, 29, a resident of San Juan County, N.M., was arraigned this morning in federal court on an indictment charging him with being a felon in possession of a firearm and ammunition. Velasquez entered a not guilty plea and remains in federal custody pending trial.
The federal charge against Velasquez was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD).
Velasquez was arrested on state charges on Aug. 4, 2015, and subsequently was charged in a federal criminal complaint on Aug. 17, 2015, with being a felon in possession of a firearm and ammunition. According to the criminal complaint, Velasquez was arrested on state charges by APD officers after they observed him walking near the area of Sunshine Terrace SE and University Blvd. SE in Albuquerque while allegedly armed with a handgun. According to court filings, the officers allegedly found a semiautomatic pistol, ammunition and a small quantity of heroin in Velasquez’s pants pocket.
Thereafter, Velasquez was charged in an indictment on Sept. 10, 2015, with being a felon in possession of a firearm and ammunition on Aug. 4, 2015, in Bernalillo County, N.M. According to the indictment, Velasquez was prohibited from possessing firearms or ammunition because he previously had been convicted of armed robbery with a deadly weapon and aggravated battery on a peace officer in state court in San Juan County, N.M.
Velasquez was held in state custody on related state charges until he was transferred to federal custody to face the charges in the federal indictment. The state charges have been dismissed in favor of federal prosecution. If convicted of the charge in the indictment, Velasquez faces a statutory maximum penalty of ten years in prison. Charges in complaints and indictments are merely accusations and criminal defendants are presumed innocent unless convicted in a court of law.
This case was investigated by the ATF office in Albuquerque and APD with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney Paul Mysliwiec is prosecuting the case as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, under this initiative.
San Benito Man Sentenced for Trafficking More than 15,000 Kilograms of MarijuanaRead the Press Release
BROWNSVILLE, Texas – A 37-year-old U.S. citizen from San Benito has been handed a significant sentence following his convictions stemming from a multi-count indictment related to a conspiracy to possess with Intent to distribute marijuana, announced U.S. Attorney Kenneth Magidson along with Acting Special Agent in Charge Mark Dawson of Homeland Security Investigations (HSI) - San Antonio. Hervey Roel pleaded guilty in August 2014.
Today, U.S. District Judge Andrew S. Hanen ordered he serve a sentence of 300 months in federal prison to be immediately followed by five years of supervised release. The sentence reflected an enhancement as the court found he was a leader/organizer in the conspiracy, he maintained certain premises for distributing controlled substances, possessed firearms during the drug conspiracy and committed the offense as part of a pattern of criminal conduct engaged in as a livelihood. The court further ordered a money judgment in the amount of $9 million and forfeited any interest Roel may have in a ranch in Olmito and a residence in Brownsville.
The charges arose from the apprehension of Roel and others at different locations in San Benito and Olmito after agents seized 1,785.5 kilograms of marijuana in a tractor-trailer.
“The court's sentence appropriately punished Roel for his being the head of large scale narcotics organization in south Texas, that negatively impacted the Rio Grande Valley,” said Dawson. “HSI will continue to utilize its broad authorities to dismantle criminal organizations who blatantly ignore the laws of this nation.”
Evidence presented at the plea hearing and sentencing proved that on June 8, 2013, HSI agents conducted surveillance at a warehouse located in Brownsville, where a tractor-trailer was then driven to a gas station in Olmito. There, the driver - Manuel Torres-Hernandez, 32, met with Lauro De La Fuente Jr., 25, and Ricardo Ochoa, 33. Agents observed Roel arrive separately and also meet with De La Fuente and Ochoa. Roel left and was followed to a ranch nearby. Torres-Hernandez left the gas station driving on Highway 77 and was stopped in San Benito where the mariJuana was discovered. De La Fuente and Ochoa were apprehended along with Victor Silva, 34, and Martin Enrique Rodriguez 25, when they drove to the scene. The individuals appeared to be conducting counter-surveillance looking for law enforcement and agents found a drug ledger within their vehicle.
Further investigation by HSI agents revealed Roel to be the coordinator of numerous drug loads to Houston and other areas north since 2011. Roel would hire individuals to package and rewrap marijuana for transport.
Ochoa was previously sentenced to a term of 125 months in prison, while De La Fuente was ordered to serve a 101-month term of imprisonment. Torres-Hernandez, Silva and Rodriguez received respective sentences of 47, 58 and 57 months in prison. All had also pleaded guilty and resided in Brownsville.
Roel will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The charges are the result of an investigation conducted by HSI. Assistant U.S. Attorney Oscar Ponce is prosecuting the case.
Rocky Mount Man Found Guilty of Heroin Trafficking ChargesRead the Press Release
RALEIGH – United States Attorney Thomas G. Walker announced today that a jury convicted WILLIAM ELDRIDGE ASKEW, III, of Rocky Mount, North Carolina, of conspiracy to possess with intent to distribute 100 grams or more of heroin and aiding and abetting the possession with intent to distribute heroin. The jury returned its verdict following a trial in federal court before United States Chief District Judge James C. Dever, III.
Following an investigation into suspected heroin trafficking organizations in Rocky Mount, North Carolina; law enforcement agents learned that ASKEW and a co-defendant, MUTAR ALI BROCK, would be transporting 100 grams or more of heroin into the City of Rocky Mount from Detroit, Michigan for distribution in and around Rocky Mount and Wilson, North Carolina. Rocky Mount Police intercepted the vehicle as it entered Rocky Mount. ASKEW was driving the vehicle when it was stopped by law enforcement personnel. A search of the vehicle led to the seizure of heroin, marijuana and drug paraphernalia.
BROCK previously pled guilty to conspiracy to distribute and possess with the intent to distribute heroin. At sentencing, ASKEW faces a minimum of five years and up to forty years imprisonment.
The investigation and arrests were handled by the Rocky Mount Police Department with the assistance of the United States Drug Enforcement Administration and the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives. The North Carolina Bureau of Investigations, Forensics Lab provided forensic assistance. Assistant U.S. Attorney Edward Gray and Special Assistant U.S. Attorney Patrick Weede represented the government.
R.I. Businessman Sentenced in Multi-million Dollar Tax Refund SchemeRead the Press Release
PROVIDENCE, R.I. – Anthony DelFarno, 53, of East Greenwich, R.I., was sentenced in U.S. District Court in Providence today to 65 months in federal prison for filing fifty-eight fraudulent personal and corporate tax returns between 2008 and 2011, some containing stolen personal identifying information of family members and others, seeking approximately $3.5 million dollars in tax refunds.
At sentencing, U.S. District Court Judge John J. McConnell, Jr., also ordered DelFarno to serve 3 years of supervised release upon completion of his prison sentence and to pay restitution to the government in the amount of $1.4 million. DelFarno pleaded guilty on June 16, 2015, to eleven counts of mail fraud, twenty-eight counts of theft of government funds and three counts of aggravated identity theft.
Delfarno’s sentence is announced by United States Attorney Peter F. Neronha; William P. Offord, Special Agent in Charge of IRS Criminal Investigation; and Colonel Steven G. O’Donnell, Superintendent of the Rhode Island State Police.
At the time of his guilty plea, DelFarno admitted to the court that he filed twenty-eight false individual income tax returns in his own name, and in the names of several family members, including five of his children, and a girlfriend, without their knowledge, seeking refunds totaling $1.1 million dollars. Approximately $400,000 was paid to the defendant.
Additionally, DelFarno admitted to the court that he filed thirty fraudulent corporate income tax returns, for which he claimed refunds of $2.4 million dollars and was paid approximately $1 million dollars. DelFarno admitted to the court that many of the corporations he formed were formed in order to execute the tax fraud scheme.
The case was prosecuted by Assistant U.S. Attorney Richard W. Rose.
The matter was investigated by the United States Attorney’s Office, IRS Criminal Investigation and Rhode Island State Police.
This law enforcement action is part of President Barack Obama’s Financial Fraud Enforcement Task Force. The President established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources.
The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.
Contact:
Jim Martin (401) 709-5357
email: [email protected]
on Twitter @USAO_RI
Postal Service Employee Arrested, Charged with Stealing from MailsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Sheila Fullmer, 60, of Caledonia, NY, was arrested and charged by criminal complaint with theft of mail. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the complaint, Fullmer was employed as a mail clerk at the Rochester Processing and Distribution Center, assigned to the manual mail sorting area. On October 20 and 21, law enforcement agents observed the defendant stealing gift cards and other items. Fullmer was also seen using a gift card that had been reported missing by its sender.
Fullmer made an initial appearance today before U.S. Magistrate Judge Marian W. Payson and was released pending further proceedings on December 7, 2015, at 9:00 am.
The criminal complaint is the result of an investigation by Special Agents of the United States Postal Service, Office of the Inspector General, under the direction of Special Agent in Charge Monica Weyler, Eastern Area Field Office.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Payroll Company Consultant Charged in $350K Fraud SchemeRead the Press Release
PITTSBURGH – A resident of Harrisburg, Pennsylvania has been indicted by a federal grand jury in Pittsburgh on charges of wire fraud, damaging a computer and engaging in an unlawful monetary transaction, United States Attorney David J. Hickton announced today.
The thirteen-count indictment, returned on Oct. 27, named William Simon Sullivan, Jr., 42, of Harrisburg, Pennsylvania, as the sole defendant.
According to the indictment, Sullivan worked as a consultant for a payroll services company located in Pittsburgh, Pennsylvania that provides clients with various financial services including payroll and tax escrow processing services. From January 12, 2013, and continuing to January 24, 2014, Sullivan executed a scheme to defraud the payroll company and its clients. Using his position as a consultant to the payroll company and his remote access to the payroll company’s computer network, Sullivan fraudulently altered the payroll company’s daily computer files and caused over $350,000 to be transferred via ACH transfers from bank accounts of the payroll company and its clients to Sullivan’s personal bank accounts, without the knowledge, approval or authorization of the payroll company or its clients. Sullivan also engaged in an unlawful monetary transaction when he withdrew funds in the amount of $21,615.53 from his bank account and purchased a 2014 Jeep Grand Cherokee.
Sullivan faces a maximum sentence of 20 years imprisonment and a fine of $250,000 for each of the seven counts charging him with wire fraud; a maximum sentence of ten years imprisonment and a fine of $250,000 for each of the five counts charging him with damaging a computer; and a maximum sentence of ten years imprisonment and a fine of $250,000 for the one count charging him with engaging in a monetary transaction. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Mary McKeen Houghton is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation 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.
Operator of Multi-Million Dollar Ponzi Scheme Sentenced to More Than Nine Years in Prison on Securities Fraud ChargesRead the Press Release
CHARLOTTE, N.C. – Daniel H. Williford, 57, of Fleetwood, N.C. was sentenced on Tuesday, October 27, 2015 to 110 months in prison for operating a Ponzi scheme that defrauded nearly 100 investors, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina. In addition to the prison term, U.S. District Judge Max O. Cogburn, Jr. ordered Williford to serve three years of supervised release and to pay $17,915,013.35 as restitution.
U.S. Attorney Rose is joined in making today’s announcement by John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation (FBI) in North Carolina.
According to filed court documents and statements made in court, from January 2007 through July 2013, Williford operated a fraudulent investment scheme, through which he obtained more than $44 million from over 200 investors in Charlotte and elsewhere, causing nearly $18 million in losses to more than 100 investors by the time the scheme collapsed. Court records show that Williford lied to his victims, promising their money would be invested in wireless internet equipment, internet towers, and other facilities and companies. According to court records, rather than investing the victims’ money as promised, Williford used the majority of the funds to run a Ponzi-style scheme and used a portion to fund his personal lifestyle. Court records show that over course of the fraud, Williford invested only $7.7 million of the victims’ money and used approximately $32 million to pay some of his victims’ supposed “profits” on their investments and to cover personal expenses.
Court records also show that even after Williford ceased having any legitimate business operations, he continued to solicit money from investors for several years. One victim told the court yesterday evening that he was Williford’s co-pilot in a commercial airliner, and that Williford had literally defrauded him on the runway before takeoff. Other victims spoke about being unable to retire, declaring bankruptcy, losing children’s college savings, and one victim told the court he would have to sell his businesses, jeopardizing the jobs of over 50 employees as a result of the fraud. Williford pleaded guilty to securities fraud in July 2014.
Judge Cogburn said that Williford’s lengthy sentence was intended to “frighten those who will think about doing this, to make them think twice about stealing other people’s money” and to make such people realize “that going to prison for that long is not worth it.” Judge Cogburn also noted that the victims “will suffer a long time,” and pointed to the “callousness and huge period of time in which [Williford] took these people’s money” as a basis for the sentence.
The FBI investigated the case. Assistant U.S. Attorney Dan Ryan of the U.S. Attorney’s Office in Charlotte prosecuted the case.
The charges were brought in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices, and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions and other organizations. Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants. For more information on the task force, please visit www.StopFraud.gov.”
Oklahoma Man Pleads Guilty to AssaultRead the Press Release
POCATELLO – Wesley Ahtone, 20, of Marietta, Oklahoma, pleaded guilty today in United States District Court to assault with a dangerous weapon, U.S. Attorney Wendy J. Olson announced. Ahtone was indicted by a federal grand jury on September 23, 2014.
According to the plea agreement, Ahtone was visiting friends at a residence on the Fort Hall Indian Reservation. He became involved in a fight with the victim. After the fight had ended, Ahtone went to the kitchen and found a knife which he used to stab the victim four times in the back. The victim underwent surgery at Portneuf Medical Center to save his life. The victim has since recovered.
The charge of assault with a dangerous weapon is punishable by up to 10 years in prison, up to three years of supervised release, and a fine of up to $250,000.
Ahtone is scheduled to be sentenced on January 20, 2016, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
The case was investigated by the Fort Hall Police Department and the Federal Bureau of Investigation.
Oklahoma City Woman Pleads Guilty to Methamphetamine DistributionRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that AMANDA LEEANN TIGER, age 26, of Oklahoma City, Oklahoma, pled guilty to POSSESSION WITH INTENT TO DISTRIBUTE METHAMPHETAMINE, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C), punishable by not more than 20 years imprisonment, up to a $1,000,000.00 fine or both.
The Indictment alleged that on or September 1, 2015, within the Eastern District of Oklahoma, the defendant did knowingly and intentionally possess with intent to distribute a mixture or substance containing a detectable amount of Methamphetamine, a Schedule II Controlled Substance.
The charges arose from an investigation by the Drug Enforcement Administration.
The Honorable Steven p. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion. The defendant will remain in the custody of the United States Marshal Service pending sentencing.
Assistant United States Attorney Shannon Henson represented the United States.
Ohio Man Sentenced for Mail and Wire FraudRead the Press Release
U.S. Attorney Kenneth A. Polite announced that HOWARD GREGOR, age 52, a resident of Attica, Ohio, was sentenced today after previously pleading guilty to a two-count Bill of Information charging him with mail and wire fraud.
U.S. District Judge Kurt Engelhardt sentenced GREGOR to serve 12 months plus one day in prison, followed by 3 years of supervised release. Additionally GREGOR was ordered to pay a $5,000 fine, a special assessment of $200, and restitution in the amount of $293,972.
According to court documents, from November 3, 2008, through on or about April 19, 2013, GREGOR worked for Company A, a New Orleans based company that manufactures conveyor belts for use in food processing and packaging facilities. Company A employed GREGOR as an account manager. His sales work required him to travel frequently and incur business-related expenses. Company A had a policy that allowed account managers to submit expense reports for reimbursement of actual out-of-pocket business expenses. Rather than submitting expense reports for actual expenses, GREGOR devised a scheme and artifice to defraud Company A by creating inflated and fictitious items to put on his expense report to cause Company A to pay him for expenses that he did not actually incur. GREGOR submitted these expense reports via U.S. mail and electronic mail. In all, GREGOR caused Company A to reimburse him for nearly $300,000 of expenses that he did not actually incur, causing a loss to the company.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation and the United States Postal Inspection Service in investigating this matter. Assistant U. S. Attorney Sharan Lieberman was in charge of the prosecution.
Monroe County Man Sentenced to 24 Months in Prison for Federal Methamphetamine Trafficking ChargeRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Monroe County man was sentenced today to 24 months’ imprisonment by Senior United States District Judge Edwin M. Kosik, for his role in a methamphetamine-trafficking ring.
According to United States Attorney Peter Smith, Anthony Ianuale, age 43, of Sciota, Monroe County, pleaded guilty in July 2015 to the charge of aiding and abetting the distribution of methamphetamine.
Ianuale was one of seven individuals indicted by a federal grand jury in April 2014 after an investigation conducted jointly by the Drug Enforcement Administration, the Pennsylvania State Police, the Pocono Mountain and the Stroud Regional Police Departments regarding methamphetamine trafficking in Monroe County.
Previously, Emmanuel Tucker, age 39, of Stroudsburg, was sentenced to 41 months in prison for participating in the same methamphetamine trafficking conspiracy. In addition, defendants Scott Borushak, age 51, of Stroudsburg, and Fred Baumgartner, age 34, of Kresgeville, have entered guilty pleas and are awaiting sentencing. The charges against the remaining defendants are currently pending.
In addition to the prison term, Senior Judge Kosik also ordered that Ianuale be supervised by a probation officer for two years following his release from prison.
The cases are being prosecuted by Assistant United States Attorney Robert J. O’Hara.
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Mexican national pleads guilty to reentering the United States illegallyRead the Press Release
SHREVEPORT, La. – United States Attorney Stephanie A. Finley announced that a Mexican national pleaded guilty Monday to re-entering the United States after removal as an aggravated felon.
Jose Juan Rodriguez-Guarda, 32, of Mexico, pleaded guilty before U.S. District Judge Elizabeth E. Foote to one count of re-entry of a removed alien. According to evidence presented at the guilty plea, Rodriguez-Guarda had illegally re-entered the United States multiple times since 2009 after being removed. In June 2012, Rodriguez-Guarda was removed as an aggravated felon from the United States after being convicted of attempted human smuggling in Arizona.
Rodriguez-Guarda was arrested in Virginia on January 25, 2013, two days after he had kidnapped his girlfriend at knife point in Bossier Parish and took her to Virginia where he already had their 7-year-old daughter. The defendant pleaded guilty to simple kidnapping in Bossier Parish District Court on June 22, 2015.
Rodriguez-Guarda faces a maximum of 20 years in prison, one to three years of supervised release and a $250,000 fine. A sentencing date of February 19, 2016 was set.
Homeland Security Investigations-Immigrations and Customs Enforcement and the Bossier City Police Department conducted the investigation. Assistant U.S. Attorney Michael O’Mara is prosecuting the case.
Mexican Citizen Charged with Illegal ReentryRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania and the U.S. Immigration and Customs Enforcements (ICE) Enforcement and Removal Operations (ERO) announced that Jorge Ayala-Spino, age 35, was charged yesterday with illegal reentry in an Indictment by a federal grand jury in Scranton.
According to U.S. Attorney Peter Smith, Ayala-Spino, a Mexican citizen, previously arrested and deported from the United States in 2008, reentered the United States unlawfully and was found in Lackawanna County as the result of an investigation and arrest by the Scranton Police Department in July 2015.
The investigation was conducted by U.S. Immigration and Customs Enforcements (ICE) Enforcement and Removal Operations (ERO) and is being prosecuted by Assistant United States Attorney Evan Gotlob.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 2 years imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Metairie Man Pleads Guilty to Receiving Images and Videos Depicting the Sexual Victimization of ChildrenRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ANDREW HUTCHINSON, age, 24, of New Orleans, pled guilty today to a one-count Bill of Information for crimes involving the sexual exploitation of children. Specifically, HUTCHINSON pled guilty to receiving and attempting to receive sexually explicit images of children.
According to court documents, HUTCHINSON used a mobile cellular phone chat application to converse with a twelve-year-old boy in Seattle, Washington, between July 24, 2014, and July 27, 2014. Knowing that the boy was only twelve, HUTCHINSON requested and received approximately fifteen sexually explicit images of the boy via the messaging application. In exchange, HUTCHINSON provided the boy sexually explicit images of minor females as young as approximately five years old. HUTCHINSON also provided the boy with a link to an online cloud storage account that contained approximately 1766 images and 19 videos depicting minor females as young as approximately eighteen months old engaging in sexually explicit conduct.
HUTCHINSON faces a mandatory minimum term of imprisonment of five years and a maximum penalty of twenty years, followed by up to a life term of supervised release, and a $250,000 fine. He can also be required to register as a sex offender. U.S. District Judge Ivan L.R. Lemelle set sentencing for February 3, 2016.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant United States Attorneys Jordan Ginsberg is in charge of the prosecution.
Member of Young Melph Mafia Sentenced to 8 Years for Drug and Firearms ViolationsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that DEONTRE HILLS, age 22, of New Orleans, was sentenced today for his participation in a drug conspiracy and a conspiracy to possess and use firearms in connection with the drug trafficking activities of a local gang known as the “Young Melph Mafia” or “YMM.”
U.S. District Judge Kurt D. Engelhardt sentenced HILLS to 96 months imprisonment to run consecutively to a 10 years state sentence, to be followed by five years of supervised release.
HILLS was originally charged in a five-count Superseding Indictment with nine other YMM members, who frequented the area of the former Melpomene Housing Project. According to the factual basis filed in open court, HILLS, a founding member of the YMM, and other YMM associates participated in a wide ranging conspiracy to distribute street level quantities of crack cocaine in Central City and participated in several acts of violence against rival gangs, such as the 110ers. The members of the YMM were associates of the members of the Allen family, who were also indicted and convicted in federal court last year. Three members of the 110ers gang were convicted on January 29, 2015, in Orleans Parish Criminal Court for the Briana Allen shooting.
“This is just another example of how serious the federal government is in helping turn the tide of violence that is occurring in New Orleans,” stated U.S. Attorney Polite. “These local gangs have caused serious harm to the neighborhoods of this City, and the federal government will continue to work with local authorities to bring these individuals to justice.”
U.S. Attorney Polite praised the work of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) in leading this investigation along with members of the NOPD led Multi-Agency Gang Unit (MAG UNIT). Assistant United States Attorneys Edward J. Rivera and Maurice E. Landrieu, Jr. were in charge of the prosecution.
Media advisoryRead the Press Release
CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced today that effective immediately, Assistant United States Attorney Clint Carte will be the primary contact for media inquiries concerning the U.S. Attorney’s Office for the Southern District of West Virginia. AUSA Carte will serve as the Public Information Officer, in addition to his duties as a criminal Assistant United States Attorney in the Southern District’s Charleston Office.
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Man Who Paid $290K in Bribes to Former West Haven Housing Authority Executive Director is SentencedRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that CEASAR ANQUILLARE, 88, of Orange, was sentenced today by U.S. District Judge Michael P. Shea in Hartford to two years of probation for paying nearly $300,000 in bribes to the former Executive Director of the West Haven Housing Authority in exchange for government contracts and business. ANQUILLARE also was ordered to pay a $100,000 fine and $291,033.91 in restitution.
According to court documents and statements made in court, Michael Siwek was the executive director of the West Haven Housing Authority (“WHHA”), an agency that received federal funding. As parties of his duties, Siwek had substantial discretion over awarding WHHA business and contracts. Between approximately February 2007 and February 2012, Siwek received approximately $1.5 million in bribes from individuals, including ANQUILLARE, in order to award them business with WHHA and the entities that the housing authority controlled.
Siwek received approximately $290,000 from ANQUILLARE in connection with accounting services that ANQUILLARE’s firm provided to the WHHA.
ANQUILLARE has paid restitution in the amount of $291,033.91.
On April 22, 2015, ANQUILLARE pleaded guilty to one count of conspiracy to commit bribery in connection with a program receiving federal funds.
On September 4, 2014, Siwek pleaded guilty to related charges and awaits sentencing.
U.S. Attorney Daly stated that the investigation is ongoing.
This matter is being investigated by the U.S. Department of Housing and Urban Development – Office of Inspector General, the Federal Bureau of Investigation, and Internal Revenue Service – Criminal Investigation. The case is being prosecuted by Assistant U.S. Attorney Sarah Karwan.
Citizens are encouraged to report corruption to the Connecticut Public Corruption Task Force by calling 203-238-0505.
Man Sentenced to Five Months Prison for Re-Entering the United States from MexicoRead the Press Release
A man who illegally re-entered the country was sentenced on October 20, 2015, to five months in federal prison.
Juan Barajas-Silvia, age 30, from Mexico, received the prison term after an August 12, 2015, guilty plea to one count of illegal re-entry of a removed alien.
At the guilty plea, Barajas-Silvia admitted he illegally re-entered the United States after being deported on June 13, 2008. Barajas-Silvia came to the attention of Immigration and Customs Enforcement (ICE) officials on June 19, 2015, when he was arrested in Sioux County, Iowa for harassment.
Barajas-Silvia was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Barajas-Silvia was sentenced to five months imprisonment. He must serve a 1-year term of supervised release. There is no parole in the federal system.
The case was prosecuted by Assistant United States Attorney Kevin C. Fletcher and investigated by Immigration and Customs Enforcement (ICE) and the Enforcement and Removal Office of the Immigration and Customs Enforcement Bureau.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-4045.
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Man Pleads Guilty in Connection with Murder in Chautauqua CountyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today Charles Sanford, 31, pleaded guilty to being a felon in possession of a firearm before Senior U.S. District Judge William M. Skretny. The charge carries a maximum sentence of 10 years in prison, a fine of $250,000, or both.
"This case began with senseless and cowardly actions which took the life of one who gave so much to our community,” said U.S. Attorney Hochul. “With today's conviction, both defendants responsible for this conduct will now face a very long time in prison. While we unfortunately cannot bring back a woman whose life was dedicated to bringing beauty to the world through music, at the very least we can say we utilized our justice system as a form of deep respect and appreciation for Mary's life.”
Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that Sanford and co-defendant Jonathan Conklin robbed Mary Whitaker inside her Sherman, NY home on August 20, 2014. At the time, Sanford and Conklin had been living outdoors for several days after a friend drove them from Erie, Pennsylvania to the Sherman, NY area.
At approximately 7:30 a.m., the two men, armed with weapons including a knife and a .22 caliber rifle, approached the victim’s home and Sanford rang the doorbell. Mary Whitaker answered the door and Sanford asked to use her phone, claiming that his car had run out of gas. Whitaker went into the house to get her cell phone for Sanford to use. When she returned, she gave the cell phone to Sanford who proceeded to use it. As Sanford did, Conklin came up from behind and told Whitaker this was a robbery. After she screamed, Conklin shot and killed her with the .22 caliber rifle.
Conklin and Sanford then stole the victim’s vehicle and drove it to Erie, Pennsylvania where they were arrested on August 22, 2014.
Jonathan Conklin has been convicted of carjacking and is scheduled to be sentenced on March 9, 2016. Charles Sanford will be sentenced on March 9, 2016 at 3:00 p.m.
The plea is the culmination of an investigation on the part of the Chautauqua County Sheriff’s Office, under the direction of Sheriff Joseph A. Gerace, the Chautauqua County District Attorney’s Office, under the direction of District Attorney David W. Foley, the Federal Bureau of Investigation, and the City of Erie (Pennsylvania) Police Department, under the direction of Chief Randy M. Bowers.Lynchburg Man Sentenced on Child Pornography ChargeRead the Press Release
LYNCHBURG, VIRGINIA – A former Colonel with the Virginia National Guard, who pled guilty in July to a federal child pornography charge, was sentenced today in the United States District Court for the Western District of Virginia in Lynchburg.
Gary Williamson, 54, of Lynchburg, Va., previously waived his right to be indicted and pled guilty to a one-count Information charging him with knowingly receiving and distributing child pornography. This morning in District Court, Williamson was sentenced to 120 months of federal incarceration. The defendant was also ordered to pay $5,000 in restitution and will be required to register as a sex offender upon his release from prison.
“It is a sad day for all when we learn that a man like Mr. Williamson, who has had a distinguished military service career, has engaged in serious violations of federal criminal law by possessing and distributing child pornography,” United States Attorney Anthony P. Giorno said today. “Crimes like those committed by Mr. Williamson have the effect of re-victimizing the children in these images, and those who engage in such conduct will be held accountable in a court of law.”
"Every time a person shares an image of child pornography, the subject of that image is victimized all over again,” said Clark E. Settles, special agent in charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Washington, D.C., which oversees HSI Roanoke. “Let this sentence serve as a warning to other child predators who trade images of child pornography. You cannot hide behind your computer. We will find you, investigate you, and ensure you are prosecuted to the fullest extent of the law.”
According to evidence presented at the defendant’s guilty plea hearing by Assistant United States Attorney Daniel Bubar, the Roanoke office of Homeland Security Investigations became aware of Williamson’s distribution of child pornography on October 14, 2014, through information gathered during an unrelated investigation of a website located outside the United States. In December 2014, Williamson was interviewed at his home and a search warrant was executed for various computers and media storage devices. During this search, Williamson admitted to controlling an email account and a username for the subject website that have been used to trade suspected child pornography. Subsequent forensic analysis of the defendant’s computer and other media storage devices showed he possessed more than 2,000 images of child pornography, many of which he distributed via the subject website bulletin boards and email.
The investigation of the case was conducted by the HSI Roanoke Office, the Campbell County Sheriff’s Office, the Southern Virginia Internet Crimes Against Children Task Force and the Virginia Attorney General’s Office. Assistant United States Attorney Daniel Bubar is prosecuting the case for the United States.
Louisiana Dredging Company Pleads Guilty to Criminal Offense Relating to Death of Biloxi MarinerRead the Press Release
Gulfport, Miss - A Louisiana dredging corporation—C.F. Bean, LLC ("Bean")—pled guilty today to a criminal offense relating to the death of Biloxi mariner Mark Barhanovich, announced U.S. Attorney Gregory K. Davis and Rear Admiral David R. Callahan, Commander of the Eighth Coast Guard District.
Bean admitted improperly marking its dredge operation near Deer Island, in violation of the applicable regulations designed to warn boaters.
The felony information charged that the corporation violated federal regulations that required the dredge barge Bean 20 to be marked to alert mariners that it was engaged in dredge operations and for the company to mark its dredge pipeline with appropriate lights at night and in periods of low visibility. The dredge operation near Deer Island was associated with the port restoration project at the Mississippi State Port at Gulfport, which involved dredging and transporting dredge spoil materials to a site at Deer Island near Biloxi, Mississippi. The dredge barge Bean 20 was situated near Deer Island and received dredge spoils that were then pumped to the island through a dredge pipeline. Despite the requirements for properly marking and lighting the Bean 20 and its dredge pipeline, Bean, through its agents and employees, failed to do so. Bean, through its agents and employees, was aware of repeated incidents when mariners struck the dredge pipeline, culminating in the fatal accident when Mark Barhanovich’s boatstruck the pipeline on September 16, 2012.
Bean admitted that its negligence, violation of law, and inattention to duties resulted in the death of Barhanovich, which is the basis for the charged felony violation of the federal criminal law governing misconduct or neglect of ship officers. The statute is also commonly referred to as the Seaman’s Manslaughter act. A corporation convicted of this offense is subject to a penalty of not more than $500,000 per count.
The corporation agreed and was ordered to pay the maximum penalty of $500,000. The corporation was placed on five years of probation and also was ordered to pay a mandatory special assessment of $400.
"Boaters depend on dredging companies to properly follow rules for marking their dredge operations, so that mariners can avoid hazards that can prove highly dangerous or even fatal, as was the sad situation here," said U.S. Attorney Davis. "It is hard to understand how an experienced maritime business like this could have failed in its duty at such a high cost."
"As a lifesaving organization, the Coast Guard is saddened by any loss of life. Ourcondolences go out to the family of those involved in this tragic event. As an organization, we will continue to monitor our waterways of responsibility and to work closely with the U.S. Attorney's Office to support their efforts in holding offenders criminally accountable," said Eighth Coast Guard District Commander, Rear Admiral David R. Callahan.
Bean entered its plea before United States District Judge Sul Ozerden. U.S. Attorney Davis praised the efforts of the U.S. Coast Guard Investigative Service, the U.S. Coast Guard Sector Mobile, and the Mississippi Department of Marine Resources for their diligent work in the investigation of this matter. Assistant United States Attorney Gaines Cleveland was the prosecutor in charge of the case.
Live Oak Police Sergeant Arrested and Charged in Federal Court with Possession of Child PornographyRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces today that Kyle Adam Kirby (35, Live Oak) has been arrested and charged with possession of child pornography. He faces a maximum penalty of 10 years in federal prison, and a potential life term of supervision. Kirby was arrested today, without incident, at the Live Oak Police Department. His detention hearing is scheduled for October 30, 2015.
According to the criminal complaint, on October 22, 2015, FBI agents and other law enforcement officers executed a federal search warrant at Kirby’s residence, as the result of an undercover online child pornography investigation. No computers were recovered from the home. That same morning, the Live Oak police chief authorized the agents to inspect and search the computer located inside Kirby’s patrol car. A forensic examination of the patrol car computer used by Kirby revealed that it contained at least 87 thumbnail images in a “Downloads” folder that either depicted children engaged in sexually explicit conduct or that had titles indicative of child pornography.
This case was investigated by the Federal Bureau of Investigation, the Columbia County Sheriff’s Office, and the Florida Department of Law Enforcement. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Leader of Meth for Mail Ring, "Superman", Sentenced to 14 YearsRead the Press Release
Anchorage, Alaska – U.S. Attorney Karen L. Loeffler announced today that a drug dealer and leader of a mail theft ring in Anchorage was sentenced on 16 counts of fraud, drug distribution, and being a felon in possession of a firearm.
Jonathan Ortiz Escalante, aka “Superman,” 45, of Anchorage, Alaska, was sentenced today by Chief United States District Court Judge Ralph R. Beistline to 14 years in prison.
According to Assistant U.S. Attorney Aunnie Steward, who prosecuted the case, Escalante aka “Superman” was the leader of a mail theft ring in Anchorage. Escalante solicited addicts and homeless people to steal mail and break into vehicles to get checks and identification cards that he then altered and used to cash stolen and counterfeit checks. Escalante also used stolen credit cards and forged counterfeit securities, as well as stolen vehicles to carry out his scheme. Escalante distributed methamphetamine to addicts in exchange for stolen mail and cashing stolen checks. Escalante sold large quantities of methamphetamine in Anchorage and possessed and fired two different Ruger 9mm pistols during the course of his scheme. Escalante was prohibited from possessing a gun because of a prior felony conviction.
Judge Beistline stated that the 14-year sentence was appropriate because the defendant had carried out a “decade of criminal activity” and the defendant’s drugs, guns and fraud were a “danger to the community.”
Four of Escalante’s co-conspirators that he recruited to steal mail and cash stolen checks have been convicted and sentenced including Neasha Moore, John Brittain, Ralph Oliver and Denae Sullivan.
Ms. Loeffler commends the U.S. Postal Inspection Service, the ATF, the FBI Safe Streets Task Force and APD for the investigation of this case.
Las Cruces Resident Sentenced to Five Years in Federal Prison for Heroin Trafficking and Firearms Charges in Doña Ana CountyRead the Press Release
ALBUQUERQUE – Jorge Carillo, 34, of Las Cruces N.M., was sentenced today in Las Cruces federal court to five years in federal prison followed by four years of supervised release for heroin trafficking and firearms charges in connection with five cases filed in 2013, as the result of a multi-agency investigation into drug trafficking in Doña Ana County, N.M.
Carillo, together with a Mexican national and 19 other Las Cruces residents, were charged with heroin trafficking offenses in five indictments filed in Nov. 2013, as a result of a multi-agency investigation led by the FBI that targeted the heroin trafficking activities of Jovita Belmonte-Gonzalez in Doña Ana County. Belmonte-Gonzales, 46, a Mexican national from Ciudad Juarez, Chihuahua, Mexico, was named as the lead defendant in four of five indictments which charged her with supplying heroin to five drug trafficking organizations that distributed heroin in Doña Ana County.
The lead defendant, Belmonte-Gonzalez, pled guilty to heroin trafficking charges in four of the five cases in June 2014, and admitted conducting frequent heroin transactions with her co-defendants between June 2013 and Oct. 2013. Court records reflect that Belmonte-Gonzalez typically negotiated heroin sales by telephone from Juarez and her co-defendants traveled from Doña Ana County to Juarez where they purchased the heroin from her and later distributed the drugs in Doña Ana County. Belmonte-Gonzales faces a mandatory minimum of ten years in prison and a maximum of life in prison, and will be deported after she completes her prison sentence. She remains in federal custody pending her sentencing hearing, which has yet to be scheduled.
On Oct. 7, 2014, Carillo pled guilty to conspiracy, being a felon in possession of a firearm on June 27, 2013, in Doña Ana County and being a felon in possession of a firearm on Nov. 15, 2013, in Doña Ana County. Carillo was prohibited from possessing firearms or ammunition because he previously had been convicted of residential burglary and unlawful taking of a motor vehicle.
All 21 of the defendants arrested as a result of the investigation have entered guilty pleas. Eighteen defendants have been sentenced, and the rest are currently awaiting sentencing hearings.
These cases are being prosecuted by Assistant U.S. Attorney E. Garreth Winstead, III, of the U.S. Attorney’s Las Cruces Branch Office. The investigation leading to the charges in the four cases was led by the Las Cruces office of the FBI in collaboration with U.S. Customs and Border Protection, the U.S. Border Patrol, the Las Cruces office of the DEA, the U.S. Marshals Service, the Las Cruces Police Department and the Doña Ana County Sheriff’s Office.
The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Lancaster County, Pennsylvania, Man Sentenced to 30 Months in Prison for Interstate Burglary SchemeRead the Press Release
TRENTON, N.J. – A Lancaster County, Pennsylvania, man was sentenced today to 30 months in prison for his role in transporting goods stolen through a string of commercial burglaries throughout northern and southern New Jersey, U.S. Attorney Paul J. Fishman announced.
Eliezer Medina, 37, previously pleaded guilty before U.S. District Judge Mary L. Cooper to an information charging him with one count of conspiracy to transport stolen goods in interstate commerce. Judge Cooper imposed the sentence today in Trenton federal court.
According to documents filed in this case and statements made in court:
From November 2013 through August 2014, Medina conspired with his brother, José Medina, 39, to steal money by burglarizing stores in New Jersey, New York, Pennsylvania, and elsewhere, and then transport the stolen money across state lines. He admitted burglarizing at least three stores in Paramus, New Jersey, and Pennsauken, New Jersey, and to stealing approximately $625,000. The burglaries followed the same general pattern, including advance surveillance, disabling of the alarm systems and the use of pry-bars and vertical cuts to gain access to the stores’ safes.
In addition to the prison term, Judge Cooper sentenced Medina to two years of supervised release. He must also forfeit $625,000.
U.S. Attorney Fishman credited special agents of the FBI in Newark, under the direction of Special Agent in Charge Richard M. Frankel, and special agents of the FBI in Philadelphia Branch, under the direction of Special Agent in Charge William F. Sweeney Jr., with the investigation leading to today’s sentencing. He also thanked the Paramus, New Jersey; Wayne, New Jersey; and Pennsauken Township, New Jersey, police departments; the N.J. State Police; and the Lancaster City, Pennsylvania; East Lampert, Pennsylvania; Manor Township, Pennsylvania; Manheim Township, Pennsylvania; and East Hempfield, Pennsylvania, police departments for their work on the case.
The government is represented by Assistant U.S. Attorney Melissa Wangenheim of the General Crimes Unit in Newark.
José Medina remains charged by complaint with conspiracy to transport stolen goods in interstate commerce. The charges and allegations in the complaint are merely accusations, and the defendant remains innocent unless and until proven guilty.
Defense counsel: John Yauch Esq., Assistant Federal Public Defender, Newark
Lakewood Man Sentenced for Operating A Marijuana Grow OperationRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Donald Rupert, 59, of Lakewood, NY, who was convicted of manufacturing 100 or more marijuana plants, was sentenced to 24 months in prison by U.S. District Judge Richard J. Arcara. The defendant was also ordered to forfeit $75,000.
Assistant U.S. Attorney Thomas S. Duszkiewicz, who is handling the case, stated that on January 5, 2011, members of the Lakewood Busti Police Department responded to Rupert’s Baker Street Extension residence to check on the welfare of his elderly mother. During the welfare check, the police chief detected an odor of marijuana. During the subsequent execution of a search warrant, officers recovered 227 marijuana plants and $7,000 in cash.
The sentencing is the culmination of an investigation by the Lakewood Busti Police Department, under the direction of Chief John R. Bentley, Jr., the Chautauqua County Sheriff’s Department, under the direction of Joseph Gerace, the Southern Tier Regional Drug Task Force, under the direction of Lieutenant David Bentley, and the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division.
Lab Tech Charged with Stealing Patient Information and Using It to Apply for Credit CardsRead the Press Release
LAS VEGAS, Nev. – A local woman who worked as a laboratory technician at a Las Vegas pediatric cardiology practice has been indicted by the federal grand jury on charges that she unlawfully obtained the personal identifying information of a patient and used it to apply for credit cards without the patient’s knowledge, announced U.S. Attorney Daniel G. Bogden for the District of Nevada.
Sherice Joan Williams, 41, of North Las Vegas, Nev., is charged with one count of illegal use and disclosure of patient health information and one count of aggravated identity theft. At an arraignment on Oct. 27, Williams pleaded not guilty to the charges and was temporarily detained pending a hearing at 3:00 p.m. today before U.S. Magistrate Judge Peggy A. Leen.
“Persons who work in the health care industry have special access to personal identifying and medical information, and have a responsibility and duty to protect and not use that information for fraudulent purposes,” said U.S. Attorney Bogden. “We will use the available federal health care fraud and identity theft laws to prosecute persons who knowingly and willingly violate them.”
According to the allegations in the indictment, between about Dec. 1, 2014, and Jan. 27, 2015, Williams, while working as a laboratory technician at the health care provider, knowingly and without authorization, accessed the health and personal identifying information of a patient and applied for personal credit cards with the information.
If convicted of the charges, Williams faces up to 10 years in prison on the health information charge and a minimum of two years consecutive on the aggravated identity theft charge, plus maximum fines of $250,000 on each count.
The case is being investigated by the FBI and Henderson Police Department, and prosecuted by Assistant U.S. Attorney Crane M. Pomerantz.
If you think someone is using your personal information to open accounts, file taxes, or make purchases, visit www.IdentityTheft.gov to report and recover from identity theft.
This prosecution is part of efforts underway by President Barack Obama’s Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets and recover proceeds for victims of financial crimes. For more information about the task force visit: www.stopfraud.com.
The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Kewa Pueblo Man Sentenced to Federal Prison for Child Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Quincy Coriz, 39, a member and resident of Kewa Pueblo, N.M., was sentenced today in federal court in Albuquerque, N.M., to 24 months in prison followed by five years of supervised release for abusive sexual contact of a child under the age of 16. Coriz will be required to register as a sex offender after completing his prison sentence.
Coriz was arrested on March 11, 2015, on an indictment charging him with abusive sexual contact in summer 2013, in Indian Country in Sandoval County, N.M.
On May 7, 2015, Coriz pled guilty to the indictment and admitted to sexually assaulting the victim, by making sexual contact with the victim over the clothing. The victim is a tribal member who was under the age of 16 but over the age of 12.
This case was investigated by the BIA’s office of Justice Services. The case was prosecuted by Assistant U.S. Attorney David Adams as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Jefferson City Man Indicted for Illegal FirearmRead 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 indicted by a federal grand jury today for illegally possessing a firearm.
Leroy Jamase Spinks, 29, of Jefferson City, was charged with being a felon in possession of a firearm in an indictment returned by a federal grand jury in Jefferson City.
Today’s indictment alleges that Spinks, having been convicted of a felony, was in possession of a Glock 9mm pistol on Oct. 14, 2015.
Dickinson cautioned that the charge contained in this indictment is simply an accusation, and not evidence of guilt. Evidence supporting the charge must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Jim Lynn. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Jefferson City, Mo., Police Department.
Jamestown Man Sentenced for Producing Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Alvin Vazquez Rojas, 23, of Jamestown, NY, who was convicted of production of child pornography, was sentenced to 15 years in prison and 10 years of supervised release by U.S. Senior District Judge William M. Skretny.
Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, stated that between December 2012 and May 2013, the defendant took sexually graphic photographs of a seven year old minor while the minor was asleep. Vazquez Rojas then stored the images on a laptop computer. In addition to those images, the defendant also possessed 52 image and 152 video files of child pornography that were downloaded from the internet.
The sentencing is the result of an investigation by Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.