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20 October 2015
Woman Faces Charge of International Parental Kidnapping for Taking Child from Urbana to CanadaRead the Press Release
Peoria, Ill. – A federal grand jury has indicted a Canadian woman, Sarah M. Nixon, 47, of Montreal, on a charge of international parental kidnapping, as announced by Jim Lewis, U.S. Attorney for the Central District of Illinois. The indictment, returned today, alleges that Nixon took her minor-aged child from the United States in July 2015 with the intent to obstruct the lawful exercise of another person’s parental rights.
Nixon was previously charged by criminal complaint and a warrant was issued for her arrest. Nixon was arrested on Sept. 20, 2015, in New York, as she attempted to return to the U.S.
The affidavit filed in support of the complaint alleges that Nixon and the child failed to appear for a custody exchange with the child’s father in Urbana on July 13, 2015. A Champaign County circuit court had ordered that full custody of the child should immediately go to the father. When Urbana police officers went to Nixon’s home in the 700 block of East Green St., to check on Nixon and the child’s welfare, it appeared that all valuables had been removed and minimal possessions were left behind.
Also on July 13, according to the affidavit, U.S. Customs and Border Protection confirmed that Nixon and the child had entered Canada earlier in the day. Two days later, on July 15, Canadian officers found Nixon’s abandoned car and Nixon and the child at a nearby farmhouse in a rural area near Moose Creek, Ontario. Authorities then returned the child to the father.
According to the affidavit, following a week-long custody trial, on July 13, 2015, Champaign County Circuit Judge Arnold F. Blockman ordered that full custody of the child should go to the father. In Judge Blockman’s final order, the court determined that visitation between Nixon and the minor child would endanger the child’s mental and emotional health. Judge Blockman ordered that the child be immediately turned over to her father and that Nixon have no contact with the child except one recorded Skype or telephone contact per week for two months.
During Nixon’s initial court appearance on Sept. 21, in federal court in Syracuse, New York, she waived detention hearing and was ordered to remain detained in U.S. Marshals Service custody pending her transportation to the Central District of Illinois. The U.S. Clerk of the Court will issue a date for Nixon to appear for arraignment upon her return to Illinois.
If convicted, the statutory maximum penalty for international parental kidnapping is three years in prison and a fine of up to $250,000.
The case is being prosecuted by Assistant U.S. Attorney Elly M. Peirson. The charges are the result of an investigation by the Federal Bureau of Investigation; Urbana Police Department; University of Illinois Police Department; the Illinois Department of Children and Family Services; the Ontario Provincial Police; and, U.S. Customs and Border Protection, in cooperation with the Champaign County State’s Attorney’s Office and the Department of Justice’s Office of International Affairs.
Members of the public are reminded that an indictment is merely an accusation; the defendant is presumed innocent unless proven guilty.
Waterbury Man Sentenced to 5 Years in Federal Prison for Trafficking CocaineRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that JOSE ALEJANDRO, 30, of Waterbury, was sentenced yesterday by U.S. District Judge Alvin W. Thompson in Hartford to 60 months of imprisonment, followed by four years of supervised release, for trafficking cocaine.
According to court documents and statements made in court, between August 2014 and May 2015, ALJANDRO was involved in the purchase and resale of between two and 3.5 kilograms of cocaine. During that time, ALEJANDRO sold cocaine to two individuals who then converted it to crack cocaine for street-level sales.
On May 29, 2015, federal law enforcement agents executed a search warrant at a Waterbury residence connected to ALEJANDRO and seized approximately 183 grams of cocaine, approximately 22 grams of crack cocaine, a money counting machine, a digital scale and other narcotics paraphernalia.
On June 23, 2015, ALEJANDRO pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute 500 grams or more of cocaine.
This matter has been investigated by the DEA New Haven Task Force, which includes participants from the New Haven, Hamden, West Haven, North Haven, East Haven, Branford, Ansonia, Meriden and Derby Police Departments. The case is being prosecuted by Assistant U.S. Attorney Avi Perry.
Warrensburg, Independence Men Sentenced for Meth ConspiracyRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a Warrensburg, Mo., man and an Independence, Mo., man were sentenced in federal court for their roles in a conspiracy to distribute methamphetamine.
Phuoc Hong, also known as Tony Hong, 33, of Warrensburg, and Arturo-Lorenzo Roldan, 35, of Independence, Mo., were sentenced in separate appearances before U.S. District Judge Stephen R. Bough. Hong was sentenced to 10 years in federal prison without parole. Roldan was sentenced to five years and 10 months in federal prison without parole.
Both Hong and Roldan pleaded guilty to participating in a conspiracy to distribute methamphetamine from December 2013 to May 2014.
Hong admitted that he sold methamphetamine from his Warrensburg residence and from other locations. During the investigation, an undercover agent for the Bureau of Alcohol, Tobacco, Firearms and Explosives purchased methamphetamine from Hong on 11 occasions and purchased cocaine or crack cocaine from Hong on four occasions.
Roldan admitted that he supplied Hong with approximately one to two ounces of methamphetamine per week, later increasing to two to three ounces per week.
Hong purchased his methamphetamine from Roldan and purchased his cocaine from a different source. Hong supplied methamphetamine to co-defendants Garrett D. Statler, 21, and Alyce M. Maher, 28, both of Warrensburg, Mo., Dylan K. Avery, 19, of Clinton, Mo., and Tony D. Meyer, 43, of Sedalia, Mo.
Statler, Maher and Avery have also pleaded guilty to their roles in the drug-trafficking conspiracy and been sentenced. Meyer pleaded guilty to being a felon in possession of a firearm and awaits sentencing.
Meyer, Statler, Avery and Maher then supplied methamphetamine to others.
The investigation resulted in the purchase or seizure of a total of 424.6 grams of methamphetamine, 68.3 grams of cocaine and 65.7 grams of crack cocaine. In addition to the methamphetamine actually purchased from Hong, it is believed that he is responsible for at least another pound of methamphetamine that he sold to Meyer.
Law enforcement officers conducted a search of Roldan’s residence and seized 88.5 grams of methamphetamine and $12,000 that came from the sale of a pound of methamphetamine to another individual. Based on this, Roldan is responsible for approximately 1.65 kilograms of methamphetamine (an estimated two ounces a week for five months (1120 grams), 88.5 grams found during the search and a pound sale (448 grams) represented by the $12,000).
Meyer admitted that he was in possession of a Hi-Point 9mm pistol when his vehicle was stopped by Kansas City, Mo., police officers on Jan. 18, 2014. Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Meyer has two prior felony convictions for assaulting a law enforcement officer, four prior felony convictions for possession of a controlled substance, two prior felony convictions for distributing a controlled substance, and prior felony convictions for trafficking in drugs, possessing drug paraphernalia, robbery, assault, and leaving the scene of an accident.
This case is being prosecuted by Assistant U.S. Attorney Bruce E. Clark. It was investigated by the Warrensburg, Mo., Police Department, the Johnson County, Mo., Sheriff’s Department, the Missouri State Highway Patrol, the Knob Noster, Mo., Police Department, the Sedalia, Mo., Police Department, the Kansas City, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
United States Attorney's Office Hosts Students Against Gun Violence ProgramRead the Press Release
Whitten Preparatory Middle School takes pledge to stay away from gun violence
Jackson, Miss - United States Attorney Gregory K. Davis will be moderating a "Students Against Gun Violence" program at Whitten Preparatory Middle School in Jackson on Wednesday, October 21, 2015, at 9:00 a.m.
U.S. Attorney Davis will be joined by Hinds County Circuit Judge Tomie Green, Jackson Police Chief Lee Vance, Hinds County District Attorney Robert Schuler Smith, and Assistant Special Agent in Charge Chris Reed with the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The students of Whitten Preparatory Middle School will be given a gun-safety presentation by agents from the Bureau of Alcohol Tobacco Firearms and Explosives. They will then take an anti-gun violence pledge administered by Judge Tomie Green and they will sign a pledge banner.
Two Men Sentenced to Prison for Smuggling Illegal Immigrants into USVIRead the Press Release
St. Thomas, USVI – District Court Judge Curtis V. Gomez on Monday sentenced Kenrick Christopher, 48, of Grenada, to 23 months in prison, and Jeard Shillingford, 33, of Dominica, to 18 months in prison for encouraging and inducing illegal immigrants to enter the United States for commercial or financial gain, United States Attorney Ronald W. Sharpe announced. Judge Gomez also sentenced both men to serve three years of supervised release.
On June 24, 2015, Christopher and Shillingford pleaded guilty to encouraging and inducing illegal immigrants to enter the United States for commercial or financial gain. As part of their pleas, Christopher and Shillingford admitted to operating a sailing vessel containing 61 Haitian nationals seeking to enter the United States illegally, and that they did so for commercial or financial gain knowing that their actions were unlawful. The United States Coast Guard and U.S. Customs and Border Protection intercepted the vessel off the coast of St. John, U.S. Virgin Islands on June 10, 2015.
This case was investigated by the U.S. Customs and Border Protection, U.S. Coast Guard and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It was prosecuted by Assistant United States Attorney David White.
Two Martinez CA Men Sentenced to 60 Months Probation for Marijuana DistributionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma, announced that ROBERT EDWARD LEE, age 41 and NICOLAS TRINIDAD CARMONA, age 29, both of Martinez, California, were sentenced in federal court today for POSSESSION WITH INTENT TO DISTRIBUTE MARIJUANA, in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(D) and Title 18, United States Code, Section 2.
LEE was sentenced to 5 years of probation with 6 months home detention and CARMONA was sentenced to 5 years of probation with 8 months home detention.
The Indictment alleged that on or about November 20, 2014, in the Eastern District of Oklahoma, the defendants did knowingly and intentionally possess with the intent to distribute less than 50 kilograms of marijuana, a Schedule I controlled substance.
The charges arose from an investigation by the U. S. Customs and Border Protection Aviation Enforcement Agency and the Drug Enforcement Administration.
The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearings.
Assistant United States Attorney Chris Wilson represented the United States.
Two Essex County Men Charged with Wire FraudRead the Press Release
NEWARK, N.J. – A Newark federal grand jury today indicted two Essex County men for their respective roles in a scheme that allegedly defrauded credit card companies of hundreds of thousands of dollars, U.S. Attorney Paul Fishman announced.
Richard Adebayo, 38, of East Orange, New Jersey, and Amos Peter Agbajaife, 37, of Newark, are each charged with one count of conspiracy to commit wire fraud, eight counts of wire fraud, and one count of aggravated identity theft. They were originally charged by complaint on Sept. 16, 2014. Adebayo was arrested in 2014 and Agbajaife remains at large.
According to documents filed in this case and statements made in court:
From March 2014 to April 2014, Adebayo and Agbajaife fraudulently obtained personal identifying information, including dates of birth, Social Security numbers, and passwords, of credit card holders. They used the information to fraudulently obtain replacement credit cards in the victims’ names and then used the cards to purchase high-value items from retail stores.
Adebayo was carrying a laptop computer when he was arrested. A forensic analysis of the computer allegedly revealed the stolen identities, including names, Social Security numbers, dates of birth, addresses, bank account information, and credit card information of at least 70 victims. Law enforcement confirmed that approximately $350,000 in fraudulent charges was incurred on the credit cards of the victims.
Each count of wire fraud and conspiracy to commit wire fraud carries a maximum potential penalty of 30 years in prison and a fine of up to $1 million. The count of aggravated identity theft carries a mandatory term of two years in prison, which must run consecutively to any term of imprisonment imposed for other counts of the indictment
U.S. Attorney Fishman credited special agents of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), under the direction of Acting Special Agent in Charge Kevin Kelly, with the investigation leading to the indictment.
The government is represented by Assistant U.S. Attorney Svetlana M. Eisenberg and Special Assistant U.S. Attorney Erica Liu of the U.S. Attorney’s Office General Crimes Unit in Newark.
Defense counsel for Adebayo: Michael D’Alessio Esq., West Orange, New Jersey
Three Sentenced in Sex Trafficking ConspiracyRead the Press Release
PROVIDENCE, R.I. – Three individuals who participated in a conspiracy in August 2014 to trafficking two Boston area females, one of them a minor, into Rhode Island for the purpose of offering them for commercial sexual activity have been sentenced in federal court in Providence.
Kemont Bowie, a/k/a Daddy, 35, of Central Falls, was sentenced today to 13 years in federal prison, to be followed by 10 years of supervised release. Bowie pleaded guilty on June 11, 2015, to conspiracy, sex trafficking of a child and transportation of a minor for sexual activity.
Ricky Wallace, a/k/a Justice, 34, of Pawtucket was sentenced on August 14, 2015, to 12 years in federal prison, to be followed by 5 years supervised release, for his participation in the conspiracy. He pleaded guilty on March 23, 2015, to one count each of conspiracy, sex trafficking of a child and transportation of a minor for sexual activity, and two counts of transportation of an individual for sexual activity.
Raechyl Spooner, 21, of Pawtucket was sentenced on October 8, 2015, to 3 years probation. She pleaded guilty on June 12, 2015, to one count of conspiracy.
The sentences, announced by United States Attorney Peter F. Neronha; Harold H. Shaw, Special Agent in Charge of the Boston field office of the FBI; Pawtucket Police Chief Paul King; Central Falls Police Chief Colonel James J. Mendonca; Colonel Steven G. O’Donnell, Superintendent of the Rhode Island State Police; United States Marshal Jamie A. Hainsworth; and Arlington, Mass., Police Chief Frederick Ryan, were imposed by U.S. District Court Judge Mary M. Lisi.
According to court documents and information presented to the court, a 17-year-old female was taken from South Station in Boston in the early morning hours of August 19, 2014, and driven by the defendants to Rhode Island for the purposes of being trafficked for commercial sexual activity. According to the victim, she was driven to the same Pawtucket residence where she was located by law enforcement six days later and rescued by FBI agents, Pawtucket Police and Central Falls Police. She was located after she contacted a group home in the Boston area in which she resided, who in turn contacted the FBI. Provocative photographs taken of the victim were posted in advertisements placed on Backpage.com.
Additionally, on August 22, 2014, Wallace offered a 20-year-old Boston area woman a ride from South Station in Boston to nearby Cambridge, Mass. Instead of driving her to Cambridge, she was driven to Pawtucket and then to a motel in Seekonk, Mass., where she was photographed and offered on Backpage.com for commercial sexual activity. The woman repeatedly asked that she be driven back to the Boston area. The next day the woman was able to get away from Wallace and had contact with Seekonk Police, who was assisted by Rhode Island State Police in their investigation.
The case was prosecuted by Assistant U.S Attorney Adi Goldstein.
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Contact:
Jim Martin (401) 709-5357
email: [email protected]
on Twitter @USAO_RI
Store Owner Sentenced for Defrauding Government Food Assistance ProgramRead the Press Release
PHILADELPHIA – Farhan Ali Abu Siam, 42, of Philadelphia, was sentenced today to 30 months in prison for defrauding the United States Department of Agriculture (USDA)’s Supplemental Nutrition Assistance Program (SNAP), formerly known as the food stamp program. The defendant pleaded guilty to conspiring to traffic in SNAP benefits and commit wire fraud; wire fraud; and aiding and abetting trafficking in SNAP benefits.
The defendant owned and operated S&S Farmer’s Market, a retail grocery store, now defunct, that was located at 2722 Germantown Avenue in Philadelphia. At his guilty plea hearing, the defendant admitted that he knowingly trafficked in SNAP benefits, and directed his employees to traffic in SNAP benefits, by purchasing those benefits from customers of S&S, which is illegal. The defendant admitted that within a 15-month period, he was responsible for a program loss of $1,390,482.
In addition to the prison term, Senior U.S. District Court Judge John R. Padova ordered restitution of $1,390,482 to USDA, three years of supervised release to follow imprisonment, and directed that the defendant not own or operate any company that accepts SNAP benefits while on supervised release.
The case was investigated by the U.S. Department of Agriculture Office of Inspector General and Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Mary E. Crawley.
St. Thomas Man Pleads Guilty to Possession of Firearm by Convicted FelonRead the Press Release
St. Thomas, USVI – Tashimo Scatliffe, 33, pleaded guilty Monday in District Court on St. Thomas to Possession of a Firearm by a Convicted Felon, United States Attorney Ronald W. Sharpe announced. Scatliffe has been detained since he was indicted in August.
According to the plea agreement filed with the court, on February 2, 2015, Virgin Islands Police Department (VIPD) officers responded to the Paul M. Pearson Housing Community after receiving a complaint from Building 7 regarding a domestic disturbance. Upon arrival, officers observed Scatliffe leaving Building 7, and were notified that Scatliffe had a firearm. Further investigation by the VIPD and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) resulted in the retrieval of a firearm and casing in the area, a determination that the casing was fired from the firearm, and the finding of Scatliffe’s DNA on the firearm. Prior to February 2, 2015, Scatliffe was convicted in the Superior Court of firstdegree assault-larceny.
Scatliffe faces a maximum sentence of 10 years in prison and a $250,000 fine. His sentencing is scheduled for February 18, 2016.
This case is the result of a joint investigation by ATF and the VIPD. It is being prosecuted by Assistant United States Attorney Sigrid M. Tejo-Sprotte.
Spirit Lake Officer Legally Justified in Shooting DeathRead the Press Release
FARGO - U. S. Attorney Christopher C. Myers announced that on Oct. 20, 2015, The Office of the United States Attorney for the District of North Dakota has reviewed all of the investigative reports, interviews, the final autopsy report and photos relating to the shooting of Joseph Charboneau, 31, by Bureau of Indian Affairs Officer Terry Morgan on June 16, 2015, which was investigated by the Federal Bureau of Investigation. This Office has concluded that Officer Morgan was legally justified when he shot and killed Mr. Charboneau.
According to the investigative reports, while officers were searching 7141 Crow Hill Road in Fort Totten, ND, to serve a warrant for another individual in the residence, Charboneau was located in the living room under a blanket and was holding a loaded firearm. Charboneau also grabbed a blow torch during a brief standoff with officers. After refusing to comply with several orders to drop the weapon, the deceased was shot by one of the law enforcement officers, Officer Morgan, at the scene. Charboneau posed a real and immediate threat to not only Officer Morgan, but also to a number of other officers at the scene as well as to another individual within the residence. Officer Morgan, confronted with an individual holding a firearm, at close range, and refusing to comply with orders to drop the weapon, was reasonable in his use of deadly force because Mr. Charboneau posed an immediate and continuing threat to the officers and others. The threat of death was real and had not abated. As Mr. Charboneau posed a significant threat of death or serious injury to the officers and the other individual within the residence, his use of deadly force was legally justified.
South Florida Woman Pleads Guilty to Filing False Tax ReturnsRead the Press Release
A resident of Islamorada, Florida, pleaded guilty today in the U.S. District Court for the Eastern District of Michigan to one count of filing a false tax return, Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division announced today.
Justina Black, 53, previously resided in Washington, Michigan. Black is also known by the names Justina Kopek, Guistina Kopek and Justina Fazzolari.
According to court documents, Black operated a company called Justina Inc., which was in the business of buying and selling gold through “gold parties.” At these parties, individuals sold gold to representatives of Justina Inc., which then sold the gold to another company. Black caused corporate tax returns to be filed for Justina Inc. that did not report the full amount of gross receipts that the company received for the tax years 2009 and 2010. On the 2008 through 2010 corporate tax returns for Justina Inc., Black also falsely claimed deductions relating to a property in Florida that was not an asset of the company.
U.S. District Judge George C. Steeh set sentencing on March 31, 2016. Black faces a statutory maximum sentence of three years in prison. Under the terms of her plea agreement, Black is required to pay restitution to the Internal Revenue Service (IRS).
Acting Assistant Attorney General Ciraolo commended special agents of IRS-Criminal Investigation, who investigated the case, and Trial Attorneys Melissa S. Siskind and Jeffrey A. McLellan of the Tax Division, who are prosecuting the case.
Sandpoint Man Given Five Year Prison Sentence for Possessing Child PornographyRead the Press Release
COEUR D'ALENE - Brent Anthony Stevens, 30, of Sandpoint, Idaho, was sentenced today to 60 months in prison for possession of sexually explicit images of minors, U.S. Attorney Wendy J. Olson announced. Senior U.S. District Judge Edward J. Lodge also ordered Stevens to pay $3,000 in restitution to two children in images Stevens possessed, and to serve seven years of supervised release upon his release from prison. Stevens pleaded guilty to the charge on March 31, 2015.
According to the plea agreement, between July 22, 2013, and September 12, 2013, investigators with the Idaho Internet Crimes Against Children Task Force (ICAC) observed that a computer in Sandpoint, Idaho, was making sexually explicit images of minors available on the internet. ICAC investigators were able to determine that the images were being shared from a computer at Stevens’ residence and obtained a search warrant.
Stevens was present during the search warrant’s execution. He admitted to downloading child pornography and told investigators they would find it on his computer. A computer forensic examiner later found child pornography on a computer and a thumb-drive seized from Stevens. The National Center for Missing and Exploited Children determined that Stevens’ child pornography collection included images of at least 100 identified minors from multiple states and foreign countries.
The case was investigated through the collaborative effort of the Kootenai County Prosecutor’s Office, Bonner County Sheriff’s Office, Coeur d’Alene Police Department, Idaho Attorney General’s Office, United States Secret Service, Department of Homeland Security, Federal Bureau of Investigation, U.S. Marshals Service, U.S. Department of Homeland Security, and the United States Secret Service. These agencies participate in the Idaho Internet Crimes Against Children (ICAC) Task Force, a statewide coalition of local, state and federal law enforcement and prosecution agencies, focused on apprehending and prosecuting individuals who use the Internet to criminally exploit children. For more information about the Idaho ICAC Task Force and a list of all the participating agencies, visit www.icactaskforce.org.
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.”
Rio Rancho Man Charged with Robbing Bank in AlbuquerqueRead the Press Release
ALBUQUERQUE – Joshua Abeyta, 22, of Rio Rancho, N.M., made his initial appearance in federal court in Albuquerque, N.M., this morning on a criminal complaint charging him with bank robbery. Abeyta remains in custody pending a preliminary hearing and a detention hearing both of which are scheduled for tomorrow morning.
Abeyta was arrested yesterday on a criminal complaint charging him with robbing the Santa Fe Federal Credit Bank located at 7101 Jefferson St. NE in Albuquerque, earlier in the day. The complaint alleges that Abeyta robbed the bank by handing a handwritten note with a robbery demand to a bank teller. The teller complied with Abeyta’s written and verbal robbery demands and handed money over to Abeyta. Abeyta left the scene on foot and was pursued by customers of the bank before being arrested by an Albuquerque Police Department officer.
If convicted of the crime charged in the criminal complaint, Abeyta faces a maximum penalty of 20 years in federal prison. Charges in criminal complaints are merely accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department. Assistant U.S. Attorney Kimberly A. Brawley is prosecuting the case.
Richmond Felon Caught with Gun and Ammunition Pleads GuiltyRead the Press Release
RICHMOND, Va. – Khadim Myboye Taylor, 29, of Richmond, pleaded guilty today to charges of possession of a weapon by a previously convicted felon.
In a statement of facts filed with the plea agreement, Taylor was a passenger in a vehicle driven by his co-defendant, Joshua Brooks, 28, of Richmond, when Richmond police officers stopped the vehicle for speeding. After being asked to step out of the car for a pat down for weapons, Taylor attempted to flee and was observed by police dropping a .38 caliber pistol which was recovered.
Taylor was indicted by a federal grand jury on Aug. 4, 2015, and faces a mandatory minimum sentence of 15 years in prison when sentenced on Jan. 19, 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 Charles E. Smith, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, made the announcement after the plea was accepted by U.S. District Judge Henry E. Hudson. Assistant U.S. Attorney S. David Schiller is prosecuting the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:15cr135.
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Resilience in the face of adversity: West Virginia’s progress to loosen the grip of addictionRead the Press Release
West Virginia is in the path of a heroin and prescription painkiller-fueled storm that has wreaked havoc upon the state. Drug dealers are flooding our communities with deadly substances and earning handsome profits in the process. As a result, overdose deaths from heroin have skyrocketed while the number of deaths caused by prescription pills remains very high. Although the storm clouds are still lingering, efforts are underway to combat an epidemic that threatens our quality of life.
Painkiller abuse continues to be at the root of the problem. West Virginia is third in the nation in the number of painkiller prescriptions written by doctors – annually there are 138 prescriptions written for every 100 West Virginians for drugs like Oxycontin and Percocet. This is due in large part to improper prescribing practices.
Painkillers often serve as a gateway to heroin, which has become our most serious threat. Heroin is a cheap, readily available alternative to painkillers. Much of the heroin that we see in West Virginia comes from Mexico, where large amounts of the drug are produced each year. As long as the drug cartels in Mexico continue to profit from the sale of heroin in the United States, large quantities will continue to be produced there and transported here. Dealers sometimes mix fentanyl – a powerful painkiller - with heroin, creating what is often a lethal combination.
In addition to heroin, large quantities of methamphetamine from Mexico are making their way to West Virginia. Mexican-made meth appears to be filling the void created by a decline in the production of methamphetamine here at home.
Fortunately, multi-jurisdictional drug task forces in West Virginia are aggressively pursuing criminal organizations that operate from afar, in places like Chicago, Detroit, Columbus, Philadelphia, and Baltimore. The fact that the targets of our investigations are in distant cities requires us to coordinate with other agencies, to use sophisticated surveillance techniques, and to take a data-driven approach. Sometimes the targets are medical practitioners, pharmacies, or deviant wholesale distributors. Accordingly, supply-side intervention and prescriber education will be a critical part of our ongoing strategy.
In addition to enforcement, we are attacking the problem from other angles. We’ve partnered with talented people in the fields of prevention, treatment, community corrections, education, business, and the news media to create the United States Attorney’s Addiction Action Plan. While much has been accomplished already through this effort, a great deal of work remains. Whether it’s expanding access to effective treatment, enhancing the prevention curriculum in our schools, or getting Narcan into the hands of more first responders, we must act with a sense of urgency.
Although the drug epidemic in West Virginia is one of the biggest challenges that we face as a state, it is not insurmountable. By taking a comprehensive, community-based approach, we can effectively combat the problem. West Virginians will not run for cover in this storm but instead they will face it head-on and emerge stronger, safer, and healthier.
Philadelphia Woman Sentenced to 25 Years for Exploiting Six Year Old and InfantRead the Press Release
PHILADELPHIA - Christine Yoder, 33, of Philadelphia, PA, was sentenced today to 300 months in prison for charges of child exploitation that involved the sexual abuse of a 6-year old child and a 16-month old infant. Yoder pleaded guilty on March 9, 2015, to two counts of employing a child to produce images of the child engaged in sexually explicit conduct and two counts of distributing material involving the sexual exploitation of children.
In May of 2014, Yoder sent a photograph to an undercover FBI agent of a 6-year-old (“Minor #1”), which depicted that child engaging in sexually explicit conduct. Thereafter, Yoder offered to fly Minor #1 to Detroit for sexual activity. Yoder also produced pornographic photographs of a 16-month old.
In addition to the prison term, U.S. District Court Chief Judge Petrese B. Tucker ordered 10 years of supervised release, and a $400 special assessment.
The case was investigated by the Federal Bureau of Investigation and was prosecuted by First Assistant United States Attorney Louis D. Lappen.
Notice of Press ConferenceRead the Press Release
Contact Person: Beth Drake (803) 929-3000
COLUMBIA, SOUTH CAROLINA -- United States Attorney Bill Nettles, Special Agent in Charge David A. Thomas of the Federal Bureau of Investigation, and Special Agent in Charge Dan Salters of the Drug Enforcement Administration will hold a press conference Wednesday, October 21, 2015, at the United States Attorney’s Office to announce the coordinated indictment and arrest of multiple drug trafficking organizations operating in and around Aiken, Lexington, Saluda, Sumter, Lee, Orangeburg, Chester, and Richland Counties.
WHEN: Wednesday, October 21, 2015 TIME: 2:00 p.m. WHERE:United States Attorney's Office
1441 Main Street, Suite 500
Columbia, SC
NOTE: All media must present government-issued photo id (such as driver’s license). Press inquiries regarding logistics should be directed to Beth Drake, 803-929-3061. All media should be in place 20 minutes prior to start. Please be aware that the U.S. Attorney’s Office does not have the ability to validate parking. Paid parking is available in the lot behind the Wells Fargo Building located at 1441 Main Street.# # # #
Navajo Man Sentenced to 30 Years in Prison for Murder in Fort DefianceRead the Press Release
PHOENIX – On Oct. 19, 2015, Corbert Goldtooth, 43, of Window Rock, Ariz. and a member of the Navajo Nation, was sentenced by U.S. District Judge David G. Campbell to 360 months’ imprisonment. Goldtooth was previously found guilty by a federal jury of second degree murder.
The evidence at trial showed that, in the early morning hours of July 31, 2011, Goldtooth and two other men went to the home of the victim, who was also Navajo, in Fort Defiance, on the Navajo Nation Indian Reservation. All three men were armed. Goldtooth stabbed the victim sixteen times, resulting in the victim’s death. Goldtooth had previously been convicted in 2003 for a robbery in Fort Defiance. Goldtooth was a member of the Cobras street gang.
The investigation in this case was conducted by the Navajo Nation Police Department and the Federal Bureau of Investigation. The prosecution was handled by Tracy Van Buskirk and Abbie Broughton Marsh, Assistant U.S. Attorneys, District of Arizona, Phoenix.
CASE NUMBER: CR-14-8073-PCT-DGC
RELEASE NUMBER: 2015-101_Goldtooth
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Myrtle Beach Attorney Sentenced for Money LaunderingRead the Press Release
Contact Person: Bill Day (803) 929-3000
Columbia, South Carolina---- United States Attorney Bill Nettles stated today that Larkin Thaddeus Viers, age 37, of Myrtle Beach, South Carolina sentenced today in federal court in Florence, South Carolina, for money laundering, a violation of 18 U.S.C. § 1957. United States District Judge Bruce Howe Hendricks of Florence sentenced Viers to 37 months imprisonment followed by 3 years supervised release and payment of $875,000.00 in restitution.
Evidence presented at the guilty plea hearing established that Marlon Weaver was the president and owner of Weaver Company, Inc., a construction company which was located in Conway, SC. In 2008, the company was awarded a contract with the South Carolina Department of Transportation [SCDOT], to perform paving and asphalt operations on a road construction project on Interstate 95. Weaver Co. was required to supply a performance and payment bond and general indemnity agreement in order to work on the project. SafeCo Insurance Company of America sold, wrote and acted as a surety on the bond. SafeCo required that Marlon Weaver agree to reimburse them if SafeCo suffered any losses as a result of issuing bonds to the company. Weaver provided a financial statement reflecting assets that SafeCo would be entitled to if Weaver Co. caused losses to SafeCo. Reflected on this financial statement were Weaver’s investment in a company, Gold & Silver, LLC, and his one-fifth interest in Bucks Port Marina held by Weaver Five, LLC.
On November 20, 2009, the contractor for the SCDOT informed Weaver and SafeCo that it declared Weaver Co. in default of the contract under the bond resulting in SafeCo being required to pay approximately $6,000,000.00 to SCDOT. Weaver back-dated documents to make it appear that he had transferred his interest in the Gold and Silver, LLC and Bucks Port Marina to his daughters on September 1, 2009, prior to defaulting on the project. In fact, Weaver retained control of the assets at all times. Weaver mailed these back-dated, fraudulent documents to SafeCo’s attorney, who was representing the insurance company in a civil suit against Marlon Weaver and others. These documents were received by SafeCo on or about December 18, 2009.
Gold & Silver, LLC, was an investment business owned and operated by Archie Evans, which invested in the futures market. To make it appear that Weaver had transferred his investment in Gold & Silver to his daughter prior to SafeCo incurring losses, Evans agreed to back-date documents to reflect that Weaver’s investment was transferred to the daughter on September 1, 2009. These documents were also mailed to SafeCo’s attorney on April 26, 2010.
Weaver hired Thad Viers to represent him in the civil case filed against him by SafeCo. Weaver informed Viers that he was trying to hide his assets from SafeCo. On December 1, 2009, Weaver and Viers entered into a written legal fee/service contract which reflects a nonrefundable retainer fee of $500,000. Weaver gave Viers $500,000 in the form of two cashier’s checks, one in the amount of $490,000 and the other in the amount of $10,000. Only the $10,000 check was payment for the retainer fee. The $490,000 was money that Weaver was attempting to conceal from SafeCo. The source of the $500,000 was funds that Weaver had pulled out of Weaver Company to prevent SafeCo from getting it. Viers deposited the $490,000 cashier’s check into his operating account at Anderson Brothers Bank on December 4, 2009, then immediately wrote a check to Archie Evans Ministries for $400,000. The $400,000 was additional money that Weaver was secretly investing with Evans’ company, Gold & Silver. The difference of $90,000, Viers was to deposit into his campaign account. After earning approximately $30,000 in legal fees, Viers returned the remainder of the funds to Weaver.
On January 21, 2010, BEJ, LLC, was created by Viers to conceal the proceeds from the sale of Weaver’s interest in the marina he had previously pledged as collateral to SafeCo. The marina was sold in February 2010 and Weaver received approximately $501,000. Weaver laundered these funds through several bank accounts to include a First Citizens bank account set up in the name BEJ, LLC. Between May 18, 2010 and July 22, 2010, Weaver withdrew $400,000 from the BEJ, LLC. account of which approximately $375,000 was converted to cashier’s checks and cashed. This cash was given to Archie Evans in increments which Evans structured into his bank accounts in increments of less than $10,000.00, to avoid bank filings.
In January 2011, Viers set up a trust account at the First Citizens Bank, at Weaver’s request, and agreed to have funds wired or deposited into the account by Evans. Once the funds were credited to the account, Viers contacted the bank to authorize withdrawal of the funds by Weaver. Each withdrawal authorized by Viers was for $10,000 or more. Weaver withdrew the funds purchasing numerous cashier’s checks just under the $10,001 bank reporting requirement, ranging from $7,500 to $9,500. Weaver would then cash these cashier’s checks at various branches and give the currency back to Archie Evans, in increments of $25,000 to $50,000, so that Evans could structure deposits into his bank accounts. This cycle of banking activity was repeated numerous times. Between 1/21/2011 and 10/3/2011, $692,000 was credited to Vier’s First Citizen’s Trust account on behalf of Weaver which was sourced by Evans’ bank account. Of the amount credited, 375,000 was proceeds from the sale of the marina.
During the course of this conspiracy, Viers either knew the funds involved were proceeds of some criminal activity, or he was aware of a high probability the funds were the proceeds of some criminal activity and he deliberately avoided learning of the activity, i.e. he deliberately made himself blind to that fact. The funds involved were proceeds of criminal activity as Weaver committed mail fraud when he mailed SafeCo’s attorney back-dated documents concerning the sale of the marina and his investments with Gold & Silver.
Evans previously pled guilty for his involvement in the Ponzi scheme related to this case and was sentenced to 7 years imprisonment. Weaver pled guilty to conspiracy to launder money and was sentenced to 1 year imprisonment.
The case was investigated by agents of the Internal Revenue Service and the United States Secret Service. Assistant United States Attorney William E. Day, II of the Columbia office is prosecuting the case.
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Muldrow Man Pleads Guilty to Bomb ThreatRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma, announced that ERIC WAYNE LOCKHART, age 30, of Muldrow, Oklahoma, pled guilty to USE OF TELEPHONE TO MAKE BOMB THREAT, in violation of Title 18, United States Code, Section 844(e), which is punishable by up to 10 years imprisonment, a fine of up to $250,000.00 or both.
The Indictment alleged that on or about June 15, 2015, in the Eastern District of Oklahoma, the Defendant, ERIC WAYNE LOCKHART, did, through use of a telephone, make a threat to kill, injure and intimidate an individual by means of an explosive, in and affecting interstate commerce.
The charges are a result from an investigation by the Sequoyah County Sheriff’s Department and the United States Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence report. Sentencing will be scheduled after its completion. The defendant will remain in the custody of the United States Marshal pending the sentencing hearing.
Assistant United States Attorney Chris Wilson represented the United States.
Mount Carmel Bus Company Operator Charged Federally with FraudRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Robert Else, III, of Elysburg, Pennsylvania, president of King Coal Tours, a charter bus company, has been charged with fraud in connection with a government-funded public transportation program.
According to United States Attorney Peter Smith, Else, age 65, is charged with wire fraud in a Criminal Information filed today in U.S. District Court in Williamsport. The government alleged that, as president of the charter bus company based in Kulpmont, Pennsylvania, Else submitted false annual budgets and monthly invoices for expenses to the Pennsylvania Department of Transportation (PennDOT) and the U.S. Department of Transportation (DOT). The government agencies administer a program to provide financial assistance for public transportation for the Lower Anthracite Transportation System (LATS), a regional network, via the bus company.
The Information alleges that from 2006 and 2012, Else carried out a scheme to defraud PennDOT, DOT and Mount Carmel Borough by inflating budges and fraudulent overbilling and caused funds in the amount of $29,935 to be transmitted by wire communications to a bank account of his company in June 2012.
According to the U.S. Attorney’s Office, the total amount of the fraud could be between $150,000 and $400,000.
The government also filed a plea agreement, including payment of restitution, with the defendant which is subject to approval by the court.
The investigation was conducted by the U.S. Department of Transportation, Office of Inspector General and the Federal Bureau of Investigation. Assistant United States Attorney Wayne P. Samuelson is assigned to prosecute the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statues and the Federal Sentencing Guidelines.
In this case, the maximum penalty under the federal statute is ten years imprisonment, and a fine of $250,000.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not necessarily an accurate indicator of the potential sentence for a specific defendant.
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Morgantown, WV man convicted of cocaine traffickingRead the Press Release
CLARKSBURG, WEST VIRGINIA – Harvey Orlando Higgs, 29, of Morgantown, West Virginia, was convicted of cocaine trafficking in federal court, United States Attorney William J. Ihlenfeld, II, announced.
Higgs sold cocaine in March 2015 in Monongalia County, West Virginia. He pled guilty to one count of “Distribution of Cocaine Base.” He faces up to 20 years in prison and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Zelda Wesley prosecuted the case on behalf of the government. The Mon Metro Drug and Violent Crime Task Force investigated.
U.S. Magistrate Judge Michael J. Aloi presided.
Missouri Woman Sentenced for Defrauding Service-Disabled Veteran-Owned Small Business ProgramRead the Press Release
KANSAS CITY, KAN. - A Missouri woman was sentenced Tuesday to 20 months in federal prison for defrauding a federal program that set aside contracts for businesses owned by service-disabled veterans, U.S. Attorney Barry Grissom said. In addition, she was ordered to pay a $30,000 money judgment.
Mary Parker,70, Blue Springs, Mo., pleaded guilty to one count of aiding and abetting wire fraud. In her plea, she admitted she assisted her husband, Warren Parker and her son, Michael J. Parker, in making false claims in order for their company, Silver Star Construction LLC of Blue Springs, Mo., and Stilwell, Kan., to obtain more than $6.7 million in contracts from the Veterans Administration. The contracts were awarded under the Service-Disabled Veteran-Owned Small Business Program.
Mary Parker admitted she was responsible for all Silver Star Construction’s finances. She accepted monies on the company’s behalf that were paid from government contracts that were fraudulently obtained. An investigation by federal agents determined that Warren Parker never was classified as a service-disabled veteran by the Veterans Administration or the Department of Defense
Warren K. Parker was sentenced to 87 months in federal prison.
Grissom commended the Small Business Administration=s Office of Inspector General; the Defense Criminal Investigative Service; the Department of Veterans Affairs, Office of Inspector General, Criminal Investigation Division and the General Services Administration's Office of Inspector General; and Assistant U.S. Attorney Tris Hunt for their work on the case.
Mexican National Sentenced to over 43 Years in Prison for Aggravated Assault of U.S. Forest Service OfficerRead the Press Release
TUCSON, Ariz. – On Oct. 19, 2015, Jesus Eder Moreno-Ornelas, 31, of Agua Prieta, Sonora, Mexico, was sentenced by U.S. District Judge Cindy K. Jorgenson to 520 months in prison. Moreno-Ornelas was previously found guilty by a federal jury, of aggravated assault of a federal officer, use of a firearm in connection with a crime of violence, possession of a firearm by a convicted felon, possession of a firearm by an illegal alien, two counts of attempted robbery of government property, and illegal re-entry after deportation.
The evidence at trial showed that on Aug. 23, 2014, when Moreno-Ornelas and another individual were approached by a U.S. Forest Service officer who was working in the Coronado National Forest area near Douglas, Ariz., Moreno-Ornelas attacked the officer and took his gun, physically assaulting the officer and firing several shots before the officer regained control of the weapon. Moreno-Ornelas also unsuccessfully attempted to steal the officer’s patrol vehicle. At sentencing, Judge Jorgenson found that the evidence at trial had established premeditated intent to kill the victim and that Moreno-Ornelas had attempted to obstruct justice by threatening a witness prior to trial. Moreno-Ornelas was a convicted felon who was illegally present in the United States after having been previously deported.
The investigation in this case was conducted by the Federal Bureau of Investigation, Sierra Vista, with the help of the United States Forest Service, United States Border Patrol, Cochise County Sheriff’s Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The prosecution was handled by Carin C. Duryee and Angela W. Woolridge, Assistant U.S. Attorneys, District of Arizona, Tucson.
CASE NUMBER: CR-14-1568-TUC-CKJ
RELEASE NUMBER: 2015-100_Moreno-Ornelas
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Martinsburg man convicted in Baltimore to West Virginia heroin trafficking networkRead the Press Release
MARTINSBURG, WEST VIRGINIA – Clinton Dunlap, 31, of Martinsburg, was convicted of heroin trafficking in federal court, United States Attorney William J. Ihlenfeld, II, announced.
Dunlap was among 41 individuals charged in a 163-count heroin trafficking indictment in June 2015. The indictment disrupted a multi-state distribution network in which heroin was transported across state lines from Baltimore, Maryland into West Virginia, Virginia, and Pennsylvania.
Dunlap pled guilty to one count of “Use of a Telephone to Facilitate the Distribution of Heroin” for which he faces up to four years in prison. He also pled guilty to one count of “Aiding and Abetting Interstate Travel in Aid of Racketeering” for which he faces up to five years in prison. He faces a fine of up to $500,000 on each of the two counts. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorneys Anna Krasinski and Paul Camilletti prosecuted the case on behalf of the government. The Eastern Panhandle Drug and Violent Crimes Task Force, a HIDTA-funded initiative, and the Federal Bureau of Investigation led the inquiry.
U.S. Magistrate Judge Robert W. Trumble presided.
Lebanon Sex Offender Sentenced for Child PornRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Lebanon, Mo., man who is a registered sex offender was sentenced in federal court today for receiving child pornography over the Internet.
Wayne Harlan Files, 78, of Lebanon, was sentenced by U.S. District Judge M. Douglas Harpool to 262 months in federal prison without parole.
Files is a registered sex offender due to a 1993 conviction for forcible sodomy. On April 23, 2015, Files pleaded guilty to receiving child pornography over the Internet between Nov. 1, 2011, and Feb. 1, 2012.
After Files had been arrested in February 2012 on unrelated state charges of sexual misconduct involving a child and child molestation, family members discovered child pornography on his computer while they were attempting to install software. They contacted the Lebanon, Mo., Police Department. Officers seized the computers, phones and other digital storage media in the home for forensic examination. Investigators found numerous images of child pornography on Files’s computer.
This case was prosecuted by Assistant U.S. Attorney James J. Kelleher. It was investigated by the Lebanon, Mo., Police Department and U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources." For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Leader of the Jenifer Drug Trafficking Organization Pleads GuiltyRead the Press Release
Baltimore, Maryland – The leader of the Jenifer drug trafficking organization (Jenifer DTO), Kedrick Arnold Jenifer, a/k/a “Ricky Jenifer,” “James Howard Collier, Jr.” and “Rick,” age 44, of Bowie, Maryland, pleaded guilty today to conspiring to distribute cocaine.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Assistant Special Agent in Charge Don A. Hibbert of the Drug Enforcement Administration, Baltimore District Office; Special Agent in Charge Thomas Jankowski of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office; Commissioner Kevin Davis of the Baltimore Police Department; and Chief James W. Johnson of the Baltimore County Police Department.
“IRS Criminal Investigation is committed to its joint efforts with its local and federal law enforcement partners to ensure that drug trafficking organizations such as the Jenifer DTO are not successful in their illegal drug activities conducted in communities across the country,” said Thomas Jankowski, IRS Criminal Investigation Special Agent in Charge, Washington DC Field Office.
According to his plea agreement and court documents, from September 2012 until his arrest in October 2014, Kedrick Jenifer was the head of the drug organization. He directed the collection and transportation of money from Baltimore to Houston, Texas. The Jenifer DTO would hide money in secret compartments in “courier vehicles” that were transported from Baltimore to Houston. Jenifer would then fly to Houston and obtain kilograms of cocaine from a source of supply. The cocaine was transported from Houston to Baltimore in the courier vehicles, and Jenifer would return to Baltimore via commercial air carrier.
In September 2012, Texas State Police stopped a courier vehicle in Chambers County, Texas. Law enforcement officers discovered approximately 30 kilograms of cocaine hidden in secret compartments within the vehicle. Phone records reveal that one of the persons in the courier vehicle was in contact with Jenifer prior to, the day of, and after the car stop.
In July 2013, a courier vehicle loaded on a car-carrier at Jenifer’s direction was intercepted in Arkansas. The vehicle contained approximately 23 kilograms of cocaine hidden in a secret compartment.
Between August 2013 and October 2014, Jenifer directed approximately 30 shipments of cocaine concealed in secret compartments in the courier vehicles. After a courier vehicle would return to Baltimore from Houston, Jenifer was seen operating the hidden compartments in the courier vehicle and supplying other members of the Jenifer DTO with cocaine at their distribution location at RCH Plaza in west Baltimore.
Jenifer and/or another member of the Jenifer DTO also made approximately 16 trips to Woodbridge, Virginia to deliver kilograms of cocaine to co-defendant Thomas Simmons.
On October 9, 2014, approximately 27 kilograms of cocaine were seized from one of the Jenifer DTO’s courier vehicles.
Jenifer agreed that he was responsible for the distribution of no less than 450 kilograms of cocaine between August 2013 and October 2014.
According to previously filed court documents, Jenifer owns World Fed Apparel, Inc., a clothing store in Baltimore. Jenifer is also a co-owner of Flavor Factory, LLC, which is believed to own an ice cream franchise in Baltimore. At the time of Jenifer’s arrest, the government seized, among other things, a 2013 Rolls Royce Ghost valued at $296,000, a 2014 Ferrari 458 Italia valued at $271,000, other high-end vehicles owned by Jenifer, and large sums of money from his residence and other locations.
Jenifer and the government have agreed that if the Court accepts the plea agreement, Jenifer will be sentenced to 20 years in prison. Jenifer has also agreed to the entry of an order requiring him to forfeit three properties in Baltimore and one in North Miami, Florida, as well as a boat. U.S. District Judge Richard D. Bennett scheduled sentencing for January 26, 2016 at 10:00 a.m.
Co-conspirators Brooke Renee Lunn, a/k/a “Brooke Thomas” and “Brooke Renee,” age 49; William Hegie, age 55; Kermit Clark, age 45; and Elroy Johnson, age 49, all of Baltimore, and Thomas Simmons, age 38, of Hampton, Virginia, previously pleaded guilty to their participation in the conspiracy. Each were sentenced to 10 years in prison except Lunn, who was sentenced to 12 years in prison.
United States Attorney Rod J. Rosenstein praised the DEA, IRS Criminal Investigation and Baltimore City and County Police Departments for their work in the investigation, and expressed his appreciation to the United States Attorney’s Offices for the Southern District of Texas and the Southern District of New York for their assistance. Mr. Rosenstein thanked Assistant United States Attorney John W. Sippel, Jr. and Special Assistant United States Attorney Matthew Hoff, a cross-designated Baltimore City Assistant State’s Attorney, who are prosecuting this Organized Crime Drug Enforcement Task Force case.
Lake City Man Sentenced to 16 Years for Sex TraffickingRead the Press Release
Tampa, Florida– United States District Judge James S. Moody, Jr. has sentenced Kavin Carter (40, Lake City) to 16 years’ imprisonment for sex trafficking of a minor by force, fraud, or coercion. He was also ordered him to pay a $10,000 fine. Carter pleaded guilty on November 24, 2014.
According to the plea agreement, in October 2012, law enforcement officers received information related to human trafficking activities in Lakeland and Lake City. They identified Michael Gallon as a “pimp” who was operating in Florida and the southeastern United States. Gallon recruited adult and minor females to join his “dance team.” He then transported the girls to bachelor parties and house parties that he had arranged. The females danced and performed acts of prostitution at these parties.
Gallon partnered with Carter, who co-hosted parties at his home. Gallon transported the girls, almost every weekend, to Carter’s residence in Lake City. Carter and Gallon set up “VIP” rooms at the parties, and they encouraged the females to engage in commercial sex acts. They charged the women to use these “VIP” rooms and kept most of the money the women had earned. Law enforcement has identified at least 12 minor-aged victims of Gallon’s offenses, and most of these girls engaged in commercial sex acts at Carter’s home.
Michael Gallon (50, Lakeland) previously pleaded guilty for his role in this case. On May 29, 2014, he was sentenced to 33 years and 9 months’ imprisonment for sex trafficking of a minor by force, fraud, or coercion and a concurrent term of 20 years in federal prison for distributing child pornography.
“We cannot undo the horrific crimes against the young victims, but this sentence will ensure this criminal cannot cause additional harm,” said Susan L. McCormick, special agent in charge of HSI Tampa. “The hard work of HSI special agents and the Lakeland Police Department have brought this predator to justice and made our local communities a safer place.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Florida Department of Law Enforcement, and the Lakeland Police Department. It was prosecuted by Assistant United States Attorney Stacie B. Harris.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Lake Charles man, Texas man sentenced to 66 months in prison for meth distribution conspiracyRead the Press Release
LAKE CHARLES, La. – United States Attorney Stephanie A. Finley announced that a Lake Charles man and a Texas man were sentenced Monday to 66 months in prison for their roles in a methamphetamine distribution conspiracy that stretched from Lake Charles to Houston.
Chumphai Bob Mireles, 52, of Lake Charles, and Michael Wayne Giese, 37, of Pearland, Texas, were sentenced by U.S. District Judge Donald E. Walter on one count of conspiracy to distribute or possess with intent to distribute controlled dangerous substances. They were also sentenced to five years of supervised release. According to evidence presented at the guilty pleas, law enforcement agents identified Mireles as a trafficker of methamphetamine. In July of 2014, law enforcement agents followed Mireles to Houston where he bought methamphetamine from Giese. Agents arrested Mireles as he traveled back to Louisiana and located 86.53 grams of methamphetamine inside his vehicle.
Homeland Security Investigations and the Calcasieu Parish Combined Anti-Drug Task Force conducted the investigation. Assistant U.S. Attorney Robert C. Abendroth prosecuted the case.
Klamath Falls Armed Career Criminal Sentenced to 15 Years in PrisonRead the Press Release
MEDFORD, Ore. - Russell Ray Moore, 63, of Klamath Falls, Oregon, was sentenced on Monday, October 19, 2015, by U.S. District Court Chief Judge Ann Aiken to 15 years in federal prison after he pled guilty to being a felon in possession of a firearm. Moore will also be on three years of supervised release after he completes his prison term.
The case resulted from three separate incidents in which Moore illegally possessed firearms. On September 3, 2014, Moore was arrested by the Klamath County Sheriff’s Office after a high-speed chase with police in which his vehicle was disabled by a spike strip. Moore possessed a Bersa .380 handgun, a taser, digital scales, and methamphetamine. On September 16, 2014, the Oregon State Police executed a search warrant at Moore’s house after receiving information that he was selling methamphetamine and possessed a sawed-off shotgun. Police found a Winchester 12-gauge shotgun with the barrel sawed off to 15 inches, more than 700 rounds of ammunition, and methamphetamine. On February 25, 2015, police executed another search warrant at Moore’s house after receiving information that he possessed another firearm. In Moore’s bedroom, police found a loaded Hi-Point 9mm handgun, a box of 9mm ammunition, methamphetamine, digital scales, and drug packaging materials. Moore’s repeated association with these weapons, in combination with his serious criminal history, caused local investigators to refer the matter for federal prosecution.
Under federal law, any person who possesses a firearm or ammunition after being previously convicted of three violent felonies or drug trafficking crimes is an Armed Career Criminal subject to a 15-year mandatory minimum prison sentence. Moore is an Armed Career Criminal based upon eight prior felony convictions for delivery and manufacture of methamphetamine, and an additional conviction for attempted murder. Moore also has two prior convictions for felon in possession of a firearm in 1997 and 2012.
This case was investigated jointly by the Klamath County Sheriff’s Office, Oregon State Police, and the Bureau of Alcohol, Tobacco, and Firearms. It was prosecuted by Assistant U.S. Attorney Douglas W. Fong.
Kenneth Holland Sentenced to 60 Months for Possession with Intent to Distribute Cocaine BaseRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Kenneth Holland, 49, of Barre, Vermont was sentenced today to a 60-month term of imprisonment. Chief Judge Christina Reiss also ordered that Holland be subject to a four-year term of supervised release upon completion of his prison term. According to court documents, law enforcement encountered Holland on December 26, 2014 as he drove a car at an excess speed in Barre. Holland falsely identified himself to the police. After he permitted a search of the vehicle, law enforcement recovered 53 grams of crack cocaine, a .22 caliber pistol hidden in a candy box, ammunition, a drug ledger, drug paraphernalia, and over $2600 in cash. When law enforcement attempted to arrest him, Holland attempted to run from the scene, causing injury to one of the officers. He was apprehended seconds later. Holland was charged federally with possession of a firearm as a convicted felon and possession with intent to distribute cocaine base. He has remained in custody since his December 2014 arrest. This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Barre Town and Barre City Police Departments. The United States was represented by Assistant U.S. Attorney Kevin J. Doyle. Holland was represented by Elizabeth Quinn, Esq. of the Federal Defender’s Office.Kankakee County Man Resentenced to Higher Prison Term for Repeated Trafficking of Crack CocaineRead the Press Release
Urbana, Ill. - Edward Dorsey Sr., 43, of St. Anne, Ill., was sentenced late last week to 327 months (27 years, three months) in federal prison for repeated trafficking of crack cocaine. On Friday, Oct. 16, U.S. District Judge Colin Bruce added 51 months to Dorsey’s previous sentence of 276 months (23 years.) The Seventh Circuit Court of Appeals had remanded Dorsey’s case to the district court for resentencing after Dorsey challenged conditions of his supervised release.
Dorsey pleaded guilty in August 2014 to distributing crack cocaine on three occasions in late 2013 in Kankakee County. The government presented evidence at Dorsey’s December 2014 sentencing that, during his drug trafficking activities, Dorsey threatened to shoot any law enforcement officers investigating him.
Judge Bruce had previously determined that Dorsey was a career offender with two prior felony drug trafficking convictions. In fact, at the time he committed the offenses, in late 2013, Dorsey had five prior felony drug convictions and was serving a three-year term of supervised release for a prior federal drug crime.
Dorsey was on federal supervised release at that time because his prior 10-year federal sentence had been reduced to time served (three years and eight months) after the U.S. Supreme Court concluded that he should have been sentenced under the more lenient penalties of the Fair Sentencing Act.
The charges were investigated by the Kankakee Area Project Safe Neighborhoods Task Force, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Kankakee Police Department, and the Kankakee County Major Crimes Task Force. The case was prosecuted by Assistant U.S. Attorney Eugene L. Miller.
Justice Department Settles Claim Against Nevada Taxicab Companies for Discrimination Against ImmigrantsRead the Press Release
The Justice Department announced today that it reached an agreement with Nevada Yellow Cab Corporation, Nevada Checker Cab Corporation, and Nevada Star Cab Corporation – three Las Vegas, Nevada, taxicab companies that collectively operate under the umbrella company “Yellow Checker Star Transportation Company” (YCS). The agreement resolves claims that YCS discriminated against work-authorized immigrants because of their citizenship status.
The Justice Department’s investigation found that YCS violated the Immigration and Nationality Act’s (INA) anti-discrimination provision by requiring non-U.S. citizens, but not similarly-situated U.S. citizens, to present additional and unnecessary documentation to prove their employment eligibility. The INA’s anti-discrimination provision prohibits employers from placing additional burdens on work-authorized employees during the hiring and employment eligibility verification process because of their citizenship status or national origin.
Under the terms of the settlement agreement, YCS will pay $445,000 in civil penalties to the United States, place print advertisements in a monthly trade publication for a period of six non-consecutive months advising employees of the anti-discrimination provision of the INA, undergo monitoring for three years, and train its employees on the INA’s anti-discrimination provision.
“Employers are not permitted to impede the employment opportunities of work-authorized immigrants by imposing additional and unnecessary documentary requirements upon them,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division. “The Civil Rights Division commends Yellow Checker Star Transportation Company for working with the division to educate members of the Las Vegas community about their rights under the anti-discrimination provision of the Immigration and Nationality Act.”
The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), which is handling this investigation, is responsible for enforcing the anti-discrimination provision of the INA. The provision protects work-authorized individuals from employment discrimination on the basis of citizenship status or national origin, including discrimination in hiring, firing and the employment eligibility verification process. Trial Attorneys Linda White Andrews, Pablo A. Godoy and Kayla Gassmann of the Civil Rights Division handled this matter.
For more information about protections against employment discrimination under federal immigration law, call OSC’s worker hotline at 1-800-255-7688 (1-800-237-2515, TDD for hearing impaired); call OSC’s employer hotline at 1-800-255-8155 (1-800-237-2515, TDD for hearing impaired); e-mail [email protected]; or visit OSC’s website at www.justice.gov/crt/about/osc.
Applicants or employees who believe they were subjected to: different documentary requirements based on their citizenship status, immigration status, or national origin; or discrimination based on their citizenship status, immigration status or national origin in hiring, firing, or recruitment or referral for a fee, should contact OSC’s worker hotline for assistance.
Jury Convicts Arlington Career Criminal on Drug and Firearms ChargesRead the Press Release
BOSTON – After a week-long trial, a federal jury in U.S. District Court in Boston convicted an Arlington man on drug and firearm charges on Friday, Oct. 16, 2015.
Yrvens Bain, 42, was convicted of distribution of heroin, possession with the intent to distribute heroin and being a felon in possession of a firearm and ammunition. U.S. District Court Judge Indira Talwani scheduled sentencing for Jan. 12, 2016.
In February 2014, an investigation of Bain began after it was suspected that he sold the heroin involved in two suspected overdose deaths in Arlington. Federal agents identified Bain as a long-time drug dealer who had been convicted of drug trafficking and firearm offenses on several occasions.
Bain was on probation for a state drug dealing and firearm conviction when federal agents recorded him selling heroin mixed with fentanyl to a cooperating witness on Feb. 26, 2014 and March 21, 2014, in Waltham and Malden, respectively.
On April 1, 2014, agents arrested Bain as he left his residence on Laurel Street in Malden. They had to take him to a nearby hospital after he swallowed heroin during the arrest. A search warrant subsequently executed at the Laurel Street residence led to the seizure of a HiPoint .45 caliber firearm with an obliterated serial number, over 26 grams of heroin mixed with fentanyl and thousands of dollars, including $100 of money used by a cooperating witness to purchase heroin from Bain in March, 2014. Agents also seized drug paraphernalia including plastic baggies, plastic gloves and a digital scale used to weigh and package drugs for street-level sales.
The charge of being a felon in possession of a firearm and ammunition provides a mandatory minimum sentence of 15 years and up to a lifetimes in prison, five years of supervised release and a fine of $250,000. The charge of distribution and possession with the intent to distribute heroin provides a sentence of no greater than 30 years in prison, a minimum of six years and up to a lifetime of supervised release and a fine of $2 million. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
This case was investigated by a Task Force comprised of the Drug Enforcement Administration, New England Field Division; the Massachusetts State Police; the Arlington, Boston, Ipswich, and Somerville Police Departments; and the Essex County Sheriff’s Department. Significant assistance was also provided the Malden Police Department and the Suburban Middlesex County Drug Task Force.
United States Attorney Carmen M. Ortiz and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement today. The case is being prosecuted by Assistant U.S. Attorneys Christopher Pohl and Eugenia M. Carris of Ortiz’s Criminal Division.
Joshua Brandon Hinkle Sentenced to 110 Months for A-PVP Distribution ConspiracyRead the Press Release
GREENEVILLE, Tenn. – Joshua Brandon Hinkle, 30, of Chuckey, Tenn., was sentenced on Oct. 20, 2015, by the Honorable R. Leon Jordan, U.S. District Court Judge, to serve 110 months in federal prison for his role in an extensive a-PVP (alpha-pyrrolidinopentiophenone) distribution conspiracy centered in northeast Tennessee, southwest Virginia and western North Carolina.
According to the plea agreement on file with the U.S District Clerk, Hinkle admitted to making approximately 30 to 40 trips to obtain a-PVP from a source of supply in North Carolina, and bringing back an estimated 2,000 grams (2 kilograms) to the Eastern District of Tennessee for resale.
A-PVP is a synthetic drug, primarily ordered from China, which is commonly referred to on the street as “gravel” or “flakka.” Common effects on users include: extreme paranoia; hallucinations; elevated blood pressure; extremely high body temperature; excited delirium; staying awake for days; hostility and having exceptional strength without apparent fatigue. These are many of the characteristics of the drug that make it very dangerous not only for the user but also for law enforcement responding to people who are high on it. A-PVP has been referred to by users of the substance as “meth on steroids.”
Others who were previously sentenced in this a-PVP trafficking conspiracy include: Richard McNeal Hillman, Ronnie Lee Shelton, Austin Michael Stallard, Johnny Michael Stallard, Desera Jade Allen, Phillip Wayne Mullins, Johnny White, Michael Ray Mangum, Eric Matthew Vance, Evelyn Vickers and James Elmer Mclain, who were sentenced by the Honorable R. Leon Jordan, U.S. District Court Judge to 188 months, 235 months, 121 months, 180 months, 151 months, 151 months, 120 months, 120 months, 135 months, 110 months and 110 months in federal prison respectively.
Law enforcement agencies participating in the investigation which led to the indictment and subsequent conviction of Hinkle and the co-defendants listed above include the Drug Enforcement Administration, Bureau of Alcohol, Tobacco and Firearms, Homeland Security Investigations, Sullivan County Sheriff’s Office, Kingsport Police Department, Hawkins County Sheriff’s Department, Johnson City Police Department, Greeneville, Tennessee Police Department, Hendersonville, North Carolina Police Department, and Scott County, Virginia Sheriff’s Office. Assistant U.S. Attorney Wayne Taylor represented the United States.
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Joel D. Cormier Sentenced to 18 Years in Prison for Using the Internet to Entice Children for Illegal Sexual PurposesRead the Press Release
GREENEVILLE, Tenn. – On Oct. 19, 2015, Joel D. Cormier, 27, of Blountville, Tenn., was sentenced by the Honorable J. Ronnie Greer, U.S. District Court Judge, to serve 18 years in federal prison. Cormier will also serve a life term of supervised release with special conditions. There is no parole in the federal system.
Cormier pleaded guilty earlier this year to one count of a federal grand jury indictment charging him with using a means of interstate commerce to entice a child for illegal sexual activity.
The investigation began when the family of a 15-year-old child reported to local law enforcement that Cormier had solicited meetings with their child using the Internet and that he had actually traveled to meet their child on several occasions for the purpose of engaging in illegal sexual activity. Subsequent investigation by multiple law enforcement agencies revealed that a total of six minor children from northeast Tennessee, southwest Virginia, and New Jersey were victims of Cormier’s conduct and that he had actually met and engaged in illegal sexual activity with five of the victims. In his plea agreement, which is on file with the U.S. District Court, Cormier admitted that he knew the victims were minors when he communicated with them online and created fictitious social media profiles portraying himself as a 15-year-old child with terminal brain cancer for his communications with some of them.
“This individual’s conduct demonstrates that the Internet can be a dangerous tool for predators and reminds the public to be vigilant in protecting yourselves and your children. Six minor females from three different states were victims of this online predator through his use of websites and applications. The lengthy sentence he received sends a strong message to other potential perpetrators about the consequences of committing these heinous crimes. The U.S. Attorney’s Office will continue to prosecute predators who seek out children on the Internet,” stated U.S. Attorney Bill Killian.
This investigation and prosecution was a result of the collaborative efforts of Washington County Virginia Sheriff’s Office, City of Bristol Virginia Police Department, Sullivan County Sheriff’s Office, Greene County Sheriff’s Office, Office of the Attorney General of Virginia, and Federal Bureau of Investigation. M. Suzanne Kerney-Quillen, Assistant Attorney General and Special Assistant U.S. Attorney, represented the United States.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Jersey City, New Jersey, Man Sentenced to Five Years of Probation for Trafficking Threatened TurtlesRead the Press Release
NEWARK, N.J. – A Jersey City, New Jersey, man was sentenced today to five years of probation for conspiring to traffic turtle species designated as threatened under New Jersey state law, U.S. Attorney Paul J. Fishman announced.
Patrick Elfers, 48, previously pleaded guilty before U.S. District Judge Stanley R. Chesler to an information charging him with one count of conspiracy to violate the Lacey Act, which prohibits the interstate sale of wildlife with a market value of more $350 that has been taken or possessed in violation of any state law or regulation. Judge Chesler imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:
New Jersey’s Endangered and Nongame Species Act prohibits the taking, possession, transportation, exportation or sale of spotted turtles, North American wood turtles and Eastern box turtles, among other species. New Jersey has designated the North American wood turtle as threatened because it is a vulnerable species that could become endangered. The spotted turtle and Eastern box turtle are listed as species of special concern.
Elfers admitted that, from December 2011 through March 2014, he possessed various turtle species, including spotted turtles, North American wood turtles and Eastern box turtles, at his home in Jersey City without the required permits under New Jersey State law. He advertised the turtles on wildlife trade websites to prospective purchasers in New Jersey and elsewhere. Elfers also shipped turtles to purchasers in New York State by tying them in tube socks to restrict their movement and packing them in boxes that were neither designed nor appropriate for the shipment of live animals.
As part of his probationary term, Elfers is prohibited from residing with wildlife of any kind and his computer will be monitored for any online wildlife trade activity. Judge Chesler also fined Elfers $30,450 for the care and housing of the 40 turtles Elfers forfeited as part of his plea agreement. The mandatory forfeiture included 27 Eastern box turtles, one Florida box turtle, three three-toed box turtles, five Gulf Coast box turtles and four North American wood turtles.
U.S. Attorney Fishman credited special agents of the U.S. Fish and Wildlife Service, Office of Law Enforcement, under the direction Resident Special Agent in Charge Preston Fant, with the investigation leading to today’s sentencing.
The Government is represented by Assistant United States Attorney Kathleen P. O'Leary of the U.S. Attorney's Office Health Care and Government Fraud Unit in Newark.
Defense counsel: James R. Lisa Esq., Newark
Hermitage Inn and Ski Club Owner Agrees to Pay over $72,000 in Fines and Restitution to the Forest Service Concerning Damages to Deerfield Ridge Snowmobile Trail in WilmingtonRead the Press Release
The Office of the United States Attorney for the District of Vermont stated today that James Barnes, of Wilmington,Vermont has agreed to pay $25,000 in civil fines and over $47,700 in restitution to fund repairs to the Deerfield Ridge Trail, a snowmobile trail that is partly on the Green Mountain National Forest (“GMNF”). The Deerfield Ridge Trail traverses part of the GMNF on the ridgeline below Haystack Mountain. This settlement concerns a Forest Service investigation into unauthorized trail work in November 2012 on a portion of the Deerfield Ridge Trail located in Wilmington,Vermont, including the unauthorized use of an excavator. According to court records, the excavator used to conduct this unauthorized trail work belonged to the Hermitage Inn Real Estate Holding Company LLC (hereinafter the “Hermitage”). James Barnes is the principle shareholder of the Hermitage. The GMNF alleged that James Barnes, on behalf of the Hermitage, directed other individuals to use this excavator to conduct the unauthorized trail work, which included excavation and some tree cutting. This work adversely impacted about three miles of the Deerfield Ridge Trail on GMNF lands. The excavator was also used on other parts of the Deerfield Ridge Trail that are located on private lands. The Government alleges that the trail work was not authorized by the GMNF. In addition, the excavation and trail work on the GMNF was not done to professional standards and did not include sufficient soil stabilization, such as water bars, seeding, and other standard erosion control measures. The GMNF estimates that it will cost $45,049.11 to fully repair the damage from this unauthorized excavation and trail work on the Deerfield Ridge Trail (additional work will be completed upon payment of the restitution). These expenses included: emergency mitigation costs, restoration costs, and labor. The Green Mountain Club performed part of this work and incurred $2,711.73 in expenses (which is the portion not covered by the Forest Service cost sharing agreement). Barnes agreed to pay this restitution in full. In agreeing to settle this matter, Barnes also agreed to pay the maximum penalty of $5,000 for each of five different violations of the United States Code of Federal Regulations alleged by the Forest Service, for a total fine of $25,000. The violations allege the following: (1) constructing or maintaining trail without authorization; (2) damaging a Forest Service trail; (3) unlawful operation of a motor vehicle on trails; (4) cutting or damaging timber; and, (5) damaging federal property. A copy of the settlement agreement was filed in United States District Court. This matter was investigated by the Law Enforcement and Investigations Division of the United States Forest Service. The United States Forest Service is represented in this matter by Assistant U.S. Attorney Joseph Perella. The Hermitage and James Barnes are represented by David Silver in Bennington, Vermont.Hampstead Man Sentenced to 10 Years in Prison for Distribution and Possession of Child PornographyRead the Press Release
Baltimore, Maryland – U.S. District Judge Marvin J. Garbis sentenced Michael Eugene Aldridge, age 42, of Hampstead, Maryland, today to 10 years in prison, followed by lifetime supervised release, for distribution and possession of child pornography. Judge Garbis also ordered that, upon his release from prison, Aldridge must register as a sex offender in the place where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Andre Watson of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Colonel William M. Pallozzi, Superintendent of the Maryland State Police; and Carroll County Sheriff James DeWees.
According to Aldridge’s plea agreement, he covertly took videos of minor females, including while they were undressed, to produce child pornography. Aldridge distributed the videos to others to encourage those individuals to produce child pornography and exchange the images and videos with Aldridge. In an online conversation Aldridge had with an individual in California, the other individual discusses his abuse of a seven year old female and his plans to videotape the abuse during an upcoming visit. Aldridge encouraged the individual to send him video of the abuse and suggested sexually explicit conduct for the other individual to engage in with the child. Aldridge also suggested giving the child drugs to induce a deeper sleep.
On June 26, 2014, a search warrant was executed at his residence and Aldridge was interviewed by law enforcement. During the interview, Aldridge admitted that he viewed and distributed child pornography. A search of Aldridge’s email account recovered two images of child pornography. A forensic analysis of his cell phone recovered 15 images depicting minors engaged in sexually explicit conduct.
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.justice.gov/psc. For more information about internet safety education, please visit www.justice.gov/psc and click on the "resources" tab on the left of the page.
United States Attorney Rod J. Rosenstein commended HSI Baltimore, the Maryland State Police, and Carroll County Sheriff’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Judson T. Mihok, who prosecuted the case.
Greenville Inmate Sentenced for Possession of ContrabandRead the Press Release
Stephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced today that on October 19, 2015, Anthony Cunningham, 29, was sentenced for Possession of Contraband by a Federal Inmate. Cunningham was an inmate at the Federal Correctional Institution located in Greenville, Illinois, when he swallowed five balloons of marijuana while in the visiting room at FCI Greenville. Federal inmates are prohibited from possessing marijuana inside a federal penal institution. Cunningham was sentenced to a term of 8 months in federal prison, 2 years of supervised release after the prison sentence, fined $100, and ordered to pay a $100 special assessment. Cunningham has been held without bond since his arraignment on May 12, 2015.
The case was investigated by the Bureau of Prisons’ Special Investigation Section and prosecuted by Assistant United States Attorney Angela Scott.
Government Seizes Crab ProductsRead the Press Release
BOSTON – The United States seized approximately 5,000 cases of frozen, processed crab products manufactured by Rome Packing Company, Inc. (Rome), because the crab meat is suspected to be contaminated with harmful bacteria.
In a complaint unsealed today, the government alleged that Rome, formerly based in East Providence, R.I., prepared, packed, and processed Jonah crab products in a facility contaminated with Listeria monocytogenes, a pathogenic bacterium that, once it contaminates foods, can cause serious, sometimes life-threatening, illness. According to court documents, the Food and Drug Administration (FDA) inspected Rome’s facility on six occasions and observed that Rome’s cooking process for crabs did not adequately control temperatures to prevent the growth of pathogens. Environmental swab samples collected from three areas of Rome’s facility allegedly tested positive for Listeria monocytogenes. The inspection also allegedly revealed poor sanitary practices and conditions in Rome’s facility that may cause cross-contamination between finished and raw food products.
The U.S. Marshal’s Service seized the crab products today from cold storage warehouses in Lakeville, Mass., which were being monitored by FDA officials. Rome is now in receivership, according to the court documents.
The Food, Drug, and Cosmetic Act authorizes the government to seize and condemn food products if they are prepared, packed, or held under insanitary conditions that may have caused the products to become contaminated with filth or to pose a threat to consumer health.
“In partnership with the FDA, we are working to ensure food safety,” said United States Attorney Carmen M. Ortiz. “Lax sanitary practices in the preparation and storage of food products endanger public health. Where necessary we will intervene to prevent contaminated food from reaching consumers.”
“The FDA is committed to working with its federal partners to prevent contaminated food from reaching consumers. Thanks to the collaboration between the FDA and the Department of Justice, we have ensured that the adulterated crab produced by Rome Packing doesn’t make its way to consumers,” said Melinda K. Plaisier, the FDA’s Associate Commissioner for Regulatory Affairs. “We will continue to work together to protect the public health.”
"The duties of the United States Marshals Service vary in scope and nature and include enforcing all federal court orders such as the one executed today with our partners from the Food and Drug Administration and the U.S. Attorney’s Office" said United States Marshal John Gibbons of the District of Massachusetts. "Preparing and processing tainted food products for sale to consumers is unacceptable and the United States Marshals Service will do its part in protecting our nation's consumers. I would like to thank the USAO and the FDA for our close partnership on this case.”
U.S. Attorney Ortiz, FDA Associate Commissioner Plaisier and U.S. Marshal Gibbons, made the announcement today. The case is being handled by Assistant U.S. Attorney Deana El-Mallawany of Ortiz’s Civil Division.
Four Sentenced to Lengthy Prison Terms for Roles in Multi-million Dollar Mortgage Fraud SchemeRead the Press Release
SACRAMENTO, Calif. — Today, United States District Judge John A. Mendez sentenced Peter Kuzmenko, 37, of West Sacramento, to 19 years in prison; Aaron New, 41, of Sacramento, to 11 years and three months in prison; Nadia Kuzmenko, 36, formerly of Loomis, to eight years in prison; and Edward Shevtsov, 51, of North Highlands, to eight years in prison for their involvement in a mortgage fraud scheme that cost financial institutions approximately $16 million, United States Attorney Benjamin B. Wagner announced.
On February 13, 2015, after a 21-day trial, a federal jury found the four defendants guilty of multiple counts of mail and wire fraud associated with their involvement in the mortgage fraud scheme. In addition, Peter Kuzmenko, Edward Shevtsov, and Aaron New were found guilty of money laundering associated with the scheme, and Nadia Kuzmenko was found guilty of witness tampering.
According to the evidence presented at trial, from late 2006 through 2007, the defendants engaged in a mortgage fraud scheme involving more than 35 properties in the Sacramento area. The defendants were responsible for securing more than $26 million in residential mortgage loans on over 35 homes purchased through straw buyers. Records introduced at trial showed each of the defendants personally received hundreds of thousands or millions of dollars.
Judge Mendez, in sentencing the defendants, said in this case there was “overwhelming evidence of the defendants’ guilt” and that this was a “significant fraud.”
Nadia Kuzmenko was a licensed real estate sales person who created fraudulent loan applications on behalf of the straw buyers. The loan applications contained materially false information as to the straw buyers’ income, employment, assets, and intent to occupy the residences. The loan paperwork also hid from lenders millions of dollars in payments that went to the defendants. With respect to the witness tampering count, the evidence showed that after she learned the FBI was investigating her, Nadia Kuzmenko told various witnesses to lie to the FBI and blame a dead woman for the fraud.
Aaron New was a licensed real estate broker who submitted the fraudulent loan applications to lending institutions and convinced home sellers to sign off on fraudulent invoices to divert money out of escrow and to the defendants. New also served as a straw buyer himself.
Peter Kuzmenko and Edward Shevtsov recruited straw buyers and helped create fraudulent loan paperwork. They also controlled shell accounts in which millions of dollars were diverted out of escrow based on fraudulent invoices and false representations made to lenders. Peter Kuzmenko was also a straw buyer himself. Peter Kuzmenko is currently in custody and Edward Shevtsov was remanded into custody upon sentencing.
“These defendants were important players in a network of fraudsters responsible for millions of dollars in losses associated with dozens of inflated property sales using multiple straw buyers,” said U.S. Attorney Benjamin B. Wagner. “The sentences demonstrate that mortgage fraudsters will not escape accountability for their crime by blaming others. Our enforcement efforts in this area are far from done.”
“Today’s sentencing serves as a warning for would-be fraudsters and represents years of dedicated, collaborative investigation,” said Supervisory Special Agent Dan Bryant of the FBI’s Sacramento field office. “The FBI is committed to work with its partners to ensure thorough, comprehensive investigations of such large, complex financial fraud schemes, especially when such crimes victimize a community and damage the regional economy.”
“Mortgage fraud is an incredibly destructive crime that leaves many victims in its wake,” said Thomas McMahon, Acting Special Agent in Charge, IRS-Criminal Investigation. “The impact on homeowners and communities is devastating. While nothing can reverse the damage caused by these defendants, it highlights the ongoing commitment of IRS-CI to hold accountable those involved in these types of crimes.”
The case is the product of an investigation by the Federal Bureau of Investigation and the Internal Revenue Service-Criminal Investigation. Assistant U.S. Attorneys Lee S. Bickley and Michael D. Anderson and Special Assistant U.S. Attorney David J. Ward are prosecuting the case.
Co-defendants Vera Kuzmenko and Rachel Siders will be tried on November 2, 2015. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Three other mortgage fraud defendants have been sentenced this week. On Monday, Bakersfield residents Lucia Yolanda Chavez, 37, was sentenced to four years in prison, and Joseph Chavez, 41, was sentenced to three years in prison for conspiracy to commit bank fraud, mail fraud, and wire fraud and were ordered to pay $1.8 million and $1.44 million in restitution respectively. Today in Sacramento, Hubert Rotteveel, 52, of Dixon, was sentenced to three years and four months in prison for mail fraud.
Former President of Central Coast Investment Firm Sentenced to 7 Years in Prison for Defrauding Real Estate InvestorsRead the Press Release
LOS ANGELES – A Paso Robles man has been sentenced to 84 months in federal prison for misappropriating millions of dollars that victims invested in Central Coast real estate projects and for helping a real estate developer defraud a bank.
James Hurst Miller Jr., 67, the former president of the Atascadero-based Hurst Financial Corporation, was sentenced yesterday by United States District Judge Otis D. Wright II.
Miller’s case is related to that of Kelly Gearhart, a former Central Coast real estate developer, who was sentenced in July to 14 years in federal prison (see: http://go.usa.gov/3SQqR).
Miller operated Hurst Financial, which essentially acted a “middle man” between investors and real estate developers, including Gearhart. Miller solicited investments in Paso Robles real estate development projects known as Beacon Road and Vista Del Hombre (which involved Gearhart), as well as the Salinas River real estate development project in Templeton. After obtaining funds from investors, Miller used approximately $3.7 million of the money for other purposes, contrary to his promises about how the money would be used. Miller used money from investors to develop different real estate projects, make interest payments to investors, and pay-off loans related to different real estate projects.
Miller also admitted that he aided and abetted false statements made by Gearhart to Heritage Oaks Bank. Prosecutors argued that Miller helped Gearhart clear title to Vista Del Hombre lots that were securing victims’ investments, and Gearhart then used those lots to obtain bank loans from Heritage Oaks Bank and San Luis Trust Bank (which was later acquired by Pacific West Bank).
In asking for a prison term that was half that of Gearhart’s sentence, prosecutors noted Miller’s acceptance of responsibility and cooperation. Prosecutors also argued in court documents that, although Miller misspent money from victims, he did not steal the money for his personal use or to fund any lavish lifestyle. Unlike Gearhart, who defrauded victims for his own personal gain, Miller “was an established businessman who committed certain crimes when faced with economic difficulties,” according to a sentencing memo filed in court. Nevertheless, prosecutors sought a seven-year sentence based on the significant impact Miller’s crimes had on the community, as well as Miller personally profiting from commissions and fees on victims’ investments.
“Miller turned to fraud when faced with a choice between helping Gearhart and safeguarding victims’ investments,” said United States Attorney Eileen M. Decker. “This significant sentence emphasizes that he made the wrong choice.”
Miller pleaded guilty in 2011 to mail fraud, wire fraud, money laundering, and aiding and abetting a false statement to a bank.
In addition to the seven-year sentence issued to Miller, Judge Wright scheduled a restitution hearing for December 21.
Gearhart also appeared in court yesterday, at which time Judge Wright scheduled another restitution hearing for November 9.
The cases against Miller and Gearhart were the result of an investigation by the Federal Bureau of Investigation and IRS - Criminal Investigation.
Former Miami-Dade Police Officer Sentenced to 48 Months in PrisonRead the Press Release
A former Miami-Dade Police Department officer was sentenced to 48 months in prison, to be followed by three years of supervised release, by U.S. District Judge Jose E. Martinez for his participation in a wire fraud scheme, arising out of the operation of a series of credit repair businesses.
Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and J.D. Patterson, Director, Miami-Dade Police Department (MDPD), made the announcement.
George Price, 42, previously pled guilty to conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 1349.
According to court documents, Price and his co-conspirators participated in a scheme to provide false police reports to individuals operating credit repair businesses. A co-conspirator would provide Price with identifying information of credit business customers. Price would then create false police reports, using the customers’ identifying information. The police reports would falsely represent that the customers had reported to the Miami-Dade Police Department facts consistent with having been victims of identity theft. Price would cause the false police reports to become official records of the Miami-Dade Police Department. A member of the conspiracy would cause the false police reports created by Price to be transmitted to credit reporting agencies in order to induce the removal of negative items from the credit histories of the alleged victims identified in the false police reports. Price created the false police reports in order to promote the success of the credit businesses and in return would receive payment from his co-conspirators.
Mr. Ferrer commended the investigative efforts of the FBI Miami Area Corruption Task Force and MDPD Professional Compliance Bureau. This case was prosecuted by Assistant U.S. Attorney Michael Davis.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Former FedEx Hub Employees Indicted for Million-Dollar Shipping Theft SchemeRead the Press Release
Memphis, TN – Five men have been indicted for their roles in a shipping theft scheme that defrauded FedEx of more than $1.7 million. Edward L. Stanton III, U.S. Attorney for the Western District of Tennessee, announced the indictment today.
The defendants include:
Christopher T. Crawford, 31, Memphis, former FedEx material handler
Akeem Gowdy, 23, Memphis, former FedEx material handler
Tavaris Mickens, 23, Memphis, former FedEx supervisor
Juan Royal, 24, New York City, co-conspirator
Jordan West, 27, New York City, co-conspiratorAccording to the indictment, throughout 2013 and 2014, all five defendants engaged in a conspiracy to commit interstate shipping theft of wireless mobile devices from both Verizon and AT&T. The mobile devices were being shipped throughout the United States by FedEx.
Three of the defendants — Crawford, Gowdy and Mickens — were employed with FedEx during the scheme’s duration. They used fraudulent FedEx corporate shipping accounts to print labels, which they used to over-label boxes of wireless devices. These boxes were diverted to other known and unknown co-conspirators in New York City and other cities through interstate commerce. Each box of merchandise contained thousands of dollars worth of Verizon and/or AT&T wireless mobile devices.
As part of the fraud, Crawford and West sent $10,000 in U.S. currency via FedEx to one another. In mid-2013, Crawford also contacted a FedEx vendor call center in Tucson, Arizona to set up a fraudulent corporate shipping meter account via his wireless mobile telephone.
According to the indictment, each of the defendants knew the wireless devices were stolen when they engaged in acts to perpetrate the crime. Ultimately, the interstate shipping theft scheme defrauded FedEx of more than $1.7 million.
All five defendants are charged with one count of conspiracy and one count of interstate shipping theft. The defendants face individual sentences of up to 10 years imprisonment and fines of up to $250,000 for each count.
Crawford and West are also charged with one count of mail fraud. They face individual sentences of up to 20 years imprisonment for this offense and fines of up to $250,000.
Crawford is also charged with one count of wire fraud. He faces up to 20 years imprisonment for this offense and a fine of up to $250,000.
The case is being investigated by the United States Secret Service, Federal Bureau of Investigations, and Memphis Cargo Theft Task Force.
Assistant U.S. Attorney Damon K. Griffin is prosecuting this case on the government’s behalf.
The charges and allegations contained in the indictment are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Former Background Investigator for Federal Government Pleads Guilty to Making a False StatementRead the Press Release
WASHINGTON – Ricky B. Reaves, 53, a former background investigator who did work under contract for the U.S. Office of Personnel Management (OPM), pled guilty today to a charge stemming from his falsification of work on background investigations of federal employees and contractors, announced U.S. Attorney Channing D. Phillips and Patrick E. McFarland, Inspector General for the Office of Personnel Management.
Reaves, of Lorton, Va., pled guilty in the U.S. District Court for the District of Columbia to making a false statement. The Honorable Richard J. Leon scheduled sentencing for Jan. 11, 2016. The charge carries a statutory penalty of up to five years in prison and a fine of up to $250,000. As part of the plea, Reaves has agreed to pay $91,124 in restitution to the federal government.
According to a statement of offense submitted to the Court, Reaves was employed by USIS, formerly known as U.S. Investigations Services, Inc., as an investigator under contract to conduct background investigations on behalf of OPM’s Federal Investigative Services.
Between July 2010 and March 2011, in more than two dozen Reports of Investigations on background investigations, Reaves represented that he had interviewed a source or reviewed a record regarding the subject of the background investigation. In fact, he had not conducted the interviews or obtained the records of interest. These reports were utilized and relied upon by the agencies requesting the background investigations to determine whether the subjects were suitable for positions having access to classified information, for positions impacting national security, or for receiving or retaining security clearances, or for positions of public trust.
Reaves’ false representations have required Federal Investigative Services to reopen and rework numerous background investigations that were assigned to him during the time period of his falsifications, at an estimated cost of at least $91,124 to the U.S. government.
Federal Investigative Services has a robust integrity assurance program which utilizes a variety of methods to ensure the accuracy of reported information. The falsification of investigative case work by the defendant was detected through the program.
This is one of numerous cases prosecuted by the U.S. Attorney’s Office for the District of Columbia since 2008 involving false representations by background investigators and record checkers working on federal background investigations. In addition to Reaves, 20 other background investigators and two record checkers have been convicted of charges.
Federal Investigative Services, through its workforce of approximately 6,000, including 5,200 field investigators, is responsible for conducting background investigations for numerous federal agencies and their contractors, on individuals either employed by or seeking employment with those agencies or contractors. Federal Investigative Services conducted more than 2.3 million investigations during the 2014 fiscal year. More than 655,000 of these investigations involved applicants for access or continued access to classified information.
In performing background investigations, the investigators conduct interviews of individuals who have information about the person who is the subject of the review. In addition, the investigators seek out, obtain, and review documentary evidence, such as employment records, to verify and corroborate information provided by either the subject of the background investigation or by persons interviewed during the investigation. After conducting interviews and obtaining documentary evidence, the investigators prepare a Report of Investigation containing the results of the interviews and document reviews, and electronically submit the material to OPM in Washington, D.C. OPM then provides a copy of the investigative file to the requesting agency, which can use the information to determine an individual’s eligibility for employment or a security clearance.
In announcing the plea, U.S. Attorney Phillips and Inspector General McFarland praised the efforts of Assistant Special Agent in Charge Nathaniel Smith and Special Agent Christopher Sulhoff, OPM, Office of the Inspector General, and Philip Kroop and Kevin Cassidy, OPM, Federal Investigative Services. They also acknowledged the work of Paralegal Specialist Donna Galindo of the U.S. Attorney’s Office, as well as Assistant U.S. Attorney Ellen Chubin Epstein, who investigated and prosecuted this matter.
Five Defendants Sentenced to Prison for Bank FraudRead the Press Release
ATLANTA - Julius C. Appling, Taj J. Tillison, Tal V. Tillison, Aryonne Johnson, and Andrew Smith, a/k/a Dru, have been sentenced to federal prison for conspiracy to commit bank fraud in connection with their scheme to deposit fraudulent checks at Wells Fargo and SunTrust banks in the metropolitan Atlanta, Georgia area.
“The defendants were able to commit this fraud because they duped unwitting people into allowing them access to their personal bank accounts,” said U.S. Attorney John Horn. “Alarm bells should go off if anyone offers you money in return for depositing their check into your bank account so that they can immediately get the cash from the check. Days later when that person is long gone and you learn that the check bounced, you will be held financially responsible.”
“These five individuals found out the hard way that bank fraud is a serious federal crime involving federal prison time. The FBI treats these types of financial crimes targeting the banking industry very seriously and cautions anyone considering this type of criminal activity to reconsider,” said J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office.
According to U.S. Attorney Horn, the charges and other information presented in court: The defendants paid individuals for access to their bank accounts at Wells Fargo and SunTrust banks. In connection with this access, the defendants would gain use of the individuals’ ATM and debit cards, including the PIN to allow their use. They would then deposit fraudulent checks into these third party accounts. The checks were drawn on accounts that had long been closed or the checks were completely fake. The individuals who gave the Defendants access to their accounts were not aware that the Defendants intended to deposit fraudulent checks into the accounts. Once the checks had bounced, those individuals were held responsible for the losses by the banks.
Both Wells Fargo and SunTrust make funds available from deposited checks the same day as the deposit, so after depositing fraudulent checks, the Defendants would either withdraw cash directly from the accounts through ATMs or would make purchases using debit cards and request cash back at the point of sale transaction. Each defendant was captured in multiple photos taken by ATM cameras for many of the deposits and withdrawals. Ultimately, the five defendants gained access to more than 200 bank accounts. The defendants deposited over $880,000 worth of fraudulent checks and withdrew over $360,000.
A federal Grand Jury indicted the defendants on October 28, 2014, and all five defendants pleaded guilty to conspiracy to commit bank fraud. U.S. District Judge Thrash sentenced all five defendants to prison:
- On October 20, 2015, Taj J. Tillison, 24, of Atlanta, Georgia, was sentenced to four years, three months in prison, to be followed by five years of supervised release.She was ordered to pay restitution in the amount of $88,933.67.
- On September 3, 2015, Julius C. Appling, 25, of Atlanta, Georgia, was sentenced to four years, nine months in prison, to be followed by five years of supervised release.He was ordered to pay restitution in the amount of $364,250.43.
- On June 24, 2015, Tal V. Tillison, 25, of Atlanta, Georgia, was sentenced to four years, nine months in prison, to be followed by five years of supervised release.He was ordered to pay restitution in the amount of $300,807.34.
- On June 23, 2015, Andrew Smith, a/k/a Dru, 34, of Atlanta, Georgia, was sentenced to two years, nine months in prison, to be followed by three years of supervised release.He was ordered to pay restitution in the amount of $92,415.08.
- On May 28, 2015, Aryonne Johnson, 25, of Atlanta, Georgia, was sentenced to two years, nine months in prison, to be followed by three years of supervised release.She was ordered to pay restitution in the amount of $162,734.65.
This case was investigated by the Federal Bureau of Investigation.
Assistant U.S. Attorney Christopher J. Huber prosecuted the case.
Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 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.”
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
El Departamento de Justicia Resuelve Denuncia Contra Empresas de Taxi en Nevada por Discriminación a InmigrantesRead the Press Release
WASHINGTON, D.C. – El Departamento de Justicia anunció hoy que ha llegado a un acuerdo con Nevada Yellow Cab Corporation, Nevada Checker Cab Corporation, y Nevada Star Cab Corporation – tres empresas de taxi que operan colectivamente bajo la empresa “Yellow Checker Star Transportation Company” (YCS). El acuerdo resuelve acusaciones de que YCS discriminό a inmigrantes con permiso de trabajar por su ciudadanía.
La investigación del Departamento de Justicia encontró que YCS violό la disposición antidiscriminatoria de la Ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés) cuando les exigiό a inmigrantes, pero no a ciudadanos estadounidenses similarmente situados, a presentar documentos adicionales e innecesarios para comprobar su elegibilidad para trabajar. La disposición antidiscriminatoria de la INA prohíbe que los empleadores impongan cargos adicionales a empleados autorizados a trabajar durante el proceso de contratación y verificación de la autorización de trabajo basado en ciudadanía u origen nacional.
Según el acuerdo, YCS pagará una multa civil de $445,000 a los Estados Unidos, colocará anuncios en una publicación comercial mensual por un período de seis meses no consecutivos asesorando a los empleados de la disposición antidiscriminatoria de la INA, será sujeto al monitoreo por tres años y capacitará a sus empleados acerca de la disposición antidiscriminatoria de la INA.
“Empleadores no pueden impedir las oportunidades de empleo de inmigrantes autorizados a trabajar con requisitos adicionales e innecesarios,” declaró la Principal Subprocuradora General Interina, Vanita Gupta, de la División de Derechos Civiles. “La División de Derechos Civiles elogia a Yellow Checker Star Transportation Company por cooperar con la división en educar a los miembros de la comunidad de Las Vegas sobre sus derechos bajo la disposición antidiscriminatoria de la Ley de Inmigración y Nacionalidad.”
La Oficina del Consejero Especial para Prácticas Injustas en el Empleo Relacionadas a Inmigración (OSC, por sus siglas en inglés), quien está a cargo de esta investigación, es responsable por hacer cumplir con la disposición antidiscriminatoria de la INA. La disposición antidiscriminatoria protege a individuos quienes son autorizados a trabajar contra la discriminación basado en la ciudadanía u origen nacional, incluyendo discriminación en la contratación, el despido, y en el proceso de verificación de elegibilidad de empleo. Los Abogados Litigantes, Linda White Andrews, Pablo A. Godoy, and Kayla Gassmann de la División de Derechos Civiles manejaron este asunto.
Para más información sobre las protecciones contra la discriminación en el empleo bajo las leyes migratorias, llame a la línea directa de la OSC para trabajadores al 1-800-255-7688 (1‑800-237-2515, TTY para las personas con discapacidades auditivas); llame a la línea directa de la OSC para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para las personas con discapacidades auditivas); mande un correo electrónico a [email protected] o visite la página web de la OSC en www.justice.gov/crt/about/osc.
Los solicitantes o empleados que creen que fueron sometidos a requerimientos discriminatorios (durante la verificación de elegibilidad de empleo) por motivo de su ciudadanía, estatus migratorio u origen nacional; o en discriminación basada en estatus de ciudadanía, estatus migratorio o en origen nacional en la contratación, el despido o el reclutamiento o referencia por comisión deberán llamar a la línea directa para trabajadores mencionada arriba y serán atendidos.
Eight Trey Crips Gang Member Arrested for Murder of Brooklyn, New York, ManRead the Press Release
Earlier today, an indictment was unsealed charging Rodney Muschette, also known as “Stitch,” with the retaliation murder of a federal informant in Atlanta, Georgia, on December 31, 2008.[1] Muschette is a member of the Eight Trey Crips gang, a Crips set operating in and around Brooklyn, New York. If convicted, Muschette will face mandatory life imprisonment. Muschette, who was arrested this morning, was presented for arraignment earlier today at the United States Courthouse in Raleigh, North Carolina.
The charge and arrest were announced by Robert L. Capers, United States Attorney for the Eastern District of New York; Diego Rodriguez, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI); William J. Bratton, Commissioner, New York City Police Department (NYPD); and George N. Turner, Chief of Police, Atlanta Police Department (APD).
“This Office has a long history of prosecuting and convicting Crips gang members who have pursued violence and lawlessness in neighborhoods throughout Brooklyn,” stated U.S. Attorney Capers. “The charged retaliation murder is among the most vicious crimes its members have committed. This prosecution should serve as a reminder that this Office and our law enforcement partners will do everything in our power to hold accountable those who use violence to silence witnesses or otherwise obstruct justice.” Mr. Capers extended his grateful appreciation to the FBI Charlotte, NC, Field Office, the FBI Raleigh, NC, Resident Agency, and the FBI Atlanta, GA, Field Office for their assistance.
“Today’s arrest of Rodney Muschette, also known as ‘Stitch,’ shows that justice has no time limit. Muschette is charged with the retaliation murder of a federal informant in December 2008. The FBI will continue to work with our law enforcement partners to bring to justice all those involved in gang related activity, especially those who seek to obstruct justice through murder,” stated FBI Assistant Director-in-Charge Rodriguez.
“In partnership with the U.S. Attorney’s Office, the Atlanta Police Department has removed another dangerous and violent criminal from Atlanta streets,” said Atlanta Police Chief Turner. “As alleged, Mr. Muschette mercilessly took the life of Mr. Nashwad Johnson and those actions will not go unpunished. The Atlanta Police Department is committed to cracking down on criminal activity and individuals that threaten the safety and quality of life for Atlanta residents and visitors.”
NYPD Commissioner Bratton stated, “Today’s arrest and indictment demonstrate the NYPD’s commitment to bringing justice in the senseless execution of this witness,” said Police Commissioner William J. Bratton. “Thanks to the continued efforts of the investigators and prosecutors who aggressively pursued this case, Rodney Muschette will be held accountable for this murder, as alleged.”
On December 30, 2008, the leader of the Eight Trey Crips was sentenced in Brooklyn federal court to 110 months’ imprisonment based on his conviction for possessing a firearm as a felon in connection with a June 2005 shooting in Brooklyn, New York. Fellow gang member Nashwad Johnson, also known as “Nash,” had witnessed that shooting. At the leader’s sentencing proceeding, he stated his belief that Johnson was a federal informant, and he repeated this belief in a telephone conversation with his sister that night and confirmed that his fellow gang members also knew about Johnson’s status as an informant.
At or around the time of that sentencing, Muschette and other members of the gang traveled with Johnson from Raleigh, North Carolina, to Atlanta, Georgia. Shortly before midnight on New Year’s Eve in 2008 – one day after the leader was sentenced – Muschette and others carried out their plan to kill Johnson because they believed that he had provided information to federal law enforcement about their gang. Muschette and his coconspirators drove Johnson to a wooded area off of an Atlanta highway. There, Muschette shot Johnson eleven times, including five shots in Johnson’s back, ending his life.
The government’s case is being prosecuted by the Office’s Organized Crime and Gangs Section. Assistant United States Attorneys Elizabeth A. Geddes and Patrick T. Hein are in charge of the prosecution.
The Defendant:
RODNEY MUSCHETTE, also known as “Stitch”
Age: 34
[1] The charge contained in the indictment is merely an allegation, and the defendant is presumed innocent unless and until proven guilty.