Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
Friday 21 August 2015
San Antonio Man Sentenced to 60 Years Federal Imprisonment for Producing Child PornographyRead the Press Release
In San Antonio today, 27-year-old Ryan Bradley Pitts was sentenced to 60 years in federal prison for production of child pornography announced United States Attorney Richard L. Durbin, Jr., and Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division.
On May 14, 2015, Pitts pleaded guilty to six counts of production of child pornography. According to court records, on numerous occasions between June 2008 and February 2012, Pitts sexually assaulted six different children, ages 3 to 10, for the purpose of producing visual depictions of the activity. Pitts also used peer-to-peer software to trade child pornography with others.
Pitts has remained in federal custody since his arrest in November 2013. During this investigation, FBI agents seized Pitts’ laptop computer, cell phone and other digital media devices. A forensics examination of the seized equipment revealed the presence of more than 21,500 images and 1,200 videos depicting child pornography.
This Project Safe Childhood case was investigated by Federal Bureau of Investigation. Assistant U.S. Attorney Tracy Thompson prosecuted this case on behalf of the Government.
FBI Special Agent in Charge Christopher Combs stated “This case demonstrates the FBI’s strong commitment to protect children, who are among the most vulnerable in our society, from being targeted and sexually exploited by child predators”.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
San Angelo Man Sentenced to 168 Months in Federal Prison for Using Facebook Chat to Entice Minor Females to Engage in Sexual Activity with HimRead the Press Release
LUBBOCK, Texas — Jose Angel Zapata, 24, of San Angelo, Texas, was sentenced today by U.S. District Judge Sam R. Cummings to 168 months in federal prison, following his guilty plea in April 2015 to two counts of enticement of a minor and aiding and abetting, announced U.S. Attorney John R. Parker of the U.S. Attorney for the Northern District of Texas.
According to documents filed in the case, beginning in March 2014 and continuing to approximately mid-December 2014, Zapata engaged in a relationship with “Jane Doe 2,” using Facebook chat, in which he knowingly attempted to persuade, induce and entice “Jane Doe 2” to engage in sexual activity with him. Zapata knew that “Jane Doe 2” was under age 17. In March 2014, Zapata met her in a parking lot in San Angelo where they engaged in sexual activity.
From approximately September 2014 to early March 2015, Zapata also engaged in a relationship, using Facebook chat, with “Jane Doe 4,” a minor female. In those communications, Zapata knowingly attempted to persuade, induce and entice “Jane Doe 4” to engage in various sexual acts with him. Zapata knew she was under age 17. In his first communication with “Jane Doe 4,” Zapata offered to pay her $100 if she would engage in a specific sex act with him. The following month, “Jane Doe 4” asked Zapata to give her a ride. He asked her if she would do anything for him if he gave her a ride, and she agreed that she would. Approximately one week later, Zapata met with “Jane Doe 4,” and they engaged in sexual activity.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Tom Green County Sheriff’s Office investigated the case. Assistant U.S. Attorney Steven M. Sucsy was in charge of the prosecution.
# # #
Richard Balderas IndictedRead the Press Release
HAMMOND- United States Attorney David A. Capp announced today that Richard Balderas, 19 of Hammond, Indiana was indicted for one count of being a felon in possession of a firearm and one count of possession of a firearm with an obliterated serial number.
According to documents filed in the case, on August 19, 2015 Balderas, who has a prior felony conviction through state court, was found in possession of a .357/.38 caliber revolver during the execution of a search warrant. The firearm that was found in the defendant’s possession had a filed off serial number.
This case is being investigated by the Federal Bureau of Investigation Gang Response Investigative Team (GRIT) and Hammond Police Department. The case is being handled by Assistant United States Attorney David J. Nozick.
The United States Attorney's Office emphasized that an Indictment is merely an allegation and that all persons charged are presumed innocent until and unless proven guilty in court.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
# # #
Registered Sex Offender Arrested for Receipt and Possession of Child PornographyRead the Press Release
HOUSTON – A 44-old Spring resident has been charged by criminal complaint on allegations he received and possessed images of child pornography, announced U.S. Attorney Kenneth Magidson.
Gregg Carl Baird was arrested yesterday and is expected to make his initial appearance on the charges before U.S. Magistrate Judge Nancy K. Johnson at 2:00 p.m. today. At that time, the government expects to request he remain in custody pending further criminal proceedings.
According to the criminal complaint, an investigation led authorities to believe Baird was accessing files from a website known to contain child pornography. According to the court document, Baird accessed a file containing an image that depicted three prepubescent boys engaged in explicit sexual activity, to include penetration of each other and oral sex. Baird also allegedly accessed a link that contained more than 30 contact sheets of child pornography. A contact sheet is an image that displays several images as an array of thumbnails. Some of the images allegedly depicted a prepubescent male being anally penetrated by another child, while other images depicted a male child being orally penetrated by an adult male, according to the allegations. As a result of the investigation and information, law enforcement executed a search warrant at Baird’s address yesterday.
According to the criminal complaint, an FBI agent previewed a thumb drive believed to be associated with Baird and observed approximately 50 images of child pornography. The majority of the images allegedly depicted boys under the age of 15 with their genitals lasciviously displayed. The criminal complaint also alleges Baird possessed images of child pornography depicting prepubescent males being penetrated orally and anally.
The criminal complaint indicates Baird is a registered sex offender.
The charges are the result of an investigation conducted by the Houston FBI Child Exploitation Task Force with the assistance of the Houston Metro Internet Crimes Against Children Task Force.
If convicted, Baird faces a minimum of 15 and up to 40 years for receiving child pornography and up to 20 years for the possession charge. Following his release, he will also face a term of up to life on supervised release.
The prosecution is being 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."
A criminal complaint is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Puerto Rico Police Officer Assigned to the Caguas Property Division Arrested for Child PornographyRead the Press Release
SAN JUAN, Puerto Rico – Yesterday, a federal grand jury indicted Puerto Rico Police Officer Claudé Luis Merced-Aponte, 49, for possession and receipt of child pornography, announced Rosa Emilia Rodríguez-Vélez, United States Attorney for the District of Puerto Rico. Today, agents from Immigration and Customs Enforcement-Homeland Security Investigations (ICE-HSI) arrested him without incident.
Count one of the Indictment alleges that on or about April 7, 2015, Merced-Aponte did knowingly possess material which contained images of child pornography, that is, images of minors and prepubescent minors engaging in sexually explicit conduct. Count two alleges that in or about the year 2012 the defendant received, via the Internet, similar images of minors engaging in sexually explicit conduct.
Claudé Luis Merced-Aponte is also facing a Forfeiture Allegation which includes various computers, cellular phones, external hard drives and memory sticks. The defendant faces a mandatory minimum sentence of five years and a maximum possible sentence of 20 years in prison if he is found guilty.
“No one is above the law, no matter what rank or badge a person might hold,” said United States Attorney for the District of Puerto Rico, Rosa Emilia Rodríguez-Vélez. “Exploitation by those entrusted to enforce the law strikes at the heart of our criminal justice system, and it will not be tolerated. This case lays bare a disgraceful attempt by a veteran police officer to mistakenly believe that he could commit heinous crimes against children and hide in the shadows. The Justice Department will fight criminals wherever we find them, even within the ranks of law enforcement.”
“These allegations are particularly troubling and disturbing because of Mr. Merced-Aponte’s position of trust as a law enforcement officer,” said Angel M. Melendez, special agent in charge of HSI San Juan. “Identifying people who violate their positions of public trust by contributing to the exploitation of children is a top priority for HSI as our statistics show. This year, we have seen an alarming increase of 47 percent in these cases as compared to fiscal year 2014. We cannot, and will not, tolerate that. HSI will continue identifying, arresting and prosecuting those who attempt against the safety and security of our children regardless of who they are.”
Special Assistant U.S. Attorney Cristina Caraballo, from the Crimes Against Children and Human Trafficking Unit, is in charge of the prosecution of the case. Indictments contain only charges and are not evidence of guilt. Defendants are presumed to be innocent until and unless proven guilty.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This investigation was conducted under HSI’s Operation Predator, an international initiative to protect children from sexual predators. Since the launch of Operation Predator in 2003, HSI has arrested more than 12,000 individuals for crimes against children, including the production and distribution of online child pornography, traveling overseas for sex with minors, and sex trafficking of children. In fiscal year 2014, more than 2,300 individuals were arrested by HSI special agents under this initiative and more than 1,000 victims identified or rescued.
Pleasants County man convicted in methamphetamine manufacturing operationRead the Press Release
WHEELING, WEST VIRGINIA – Samuel Scott Butler, 24, of Saint Marys, West Virginia, was convicted in federal court today for his role in manufacturing methamphetamine, United States Attorney William J. Ihlenfeld, II, announced.
Butler was one of six individuals charged in a 19-count federal indictment in June 2015. Baker was discovered in Wetzel County, West Virginia in possession of pseudoephedrine, an ingredient commonly used to manufacture methamphetamine.
Butler pled guilty today to a criminal Information charging him with one count of “Possession of Material Used in the Manufacture of Methamphetamine.” He faces up to four years in prison and a fine of up to $250,000. 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 Shawn Adkins prosecuted the case on behalf of the government. The West Virginia State Police and the Pleasants Count Sheriff’s Department investigated.
Senior U.S. District Judge Frederick P. Stamp presided.
Pittsburg Resident Pleads Guilty in Tax Fraud SchemeRead the Press Release
SAN FRANCISCO- Ebony Standifer pleaded guilty to conspiracy to file false claims and aggravated identity theft for her role in a tax fraud scheme, announced United States Attorney Melinda Haag and Internal Revenue Service, Criminal Investigation, Acting Special Agent in Charge Thomas McMahon.
According to the plea agreement, Standifer, 28, of Pittsburg, Calif., admitted she conspired with others to file false federal income tax returns with the Internal Revenue Service from 2010 through 2012. As part of the scheme, individuals with whom Standifer conspired provided her with names of people for whom to file false tax returns. Standifer used those identities and filed returns without showing the documents to the people listed on them. In addition to inserting the person’s name and Social Security number, Standifer made up figures for income and the amount of taxes that were withheld. She then requested a tax refund based on these made-up figures. Standifer filed the false returns electronically from various locations and kept notebooks that recorded information regarding the people whose identity she misappropriated. The information she recorded included the victim's name, Social Security number, the amount of the false tax refund that she claimed in that person's name, and whether the false tax return was “accepted” or “rejected.” Further, to carry out the scheme, Standifer requested that the IRS deposit the fraudulent tax refund onto pre-paid debit cards that she could access. In total, during 2010-2012, Standifer filed or assisted in filing false tax returns in the aggregate amount of $656,000 for the 2009-2011 tax years. Of that amount, the IRS actually paid fraudulent claims in the amount of $193,602.
Standifer was indicted by a grand jury on October 28, 2014. She was charged with one count of conspiracy to file false claims, in violation of 18 U.S.C. § 286; five counts of wire fraud, in violation of 18 U.S.C § 1343; and three counts of aggravated identity theft, in violation of 18 U.S.C. § 1028A. Under the plea agreement, Standifer pleaded guilty to conspiracy to file false claims and one count of aggravated identity theft.
Standifer is scheduled to be sentenced on January 6, 2016, by the Honorable Charles R. Breyer, United States District Judge. The maximum statutory penalty for conspiracy to file a false claim is ten years in prison and a fine of $250,000. The maximum penalty for aggravated identity theft is a mandatory consecutive sentence of two years in prison and a fine of $250,000 plus restitution. However, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorney Thomas Newman is prosecuting the case. The prosecution is the result of an investigation by the IRS, Criminal Investigation.
Pipe Line Company’s Project Coordinator at Roscoe, Texas, Facility Senteced to 33 Months in Federal Prison on Wire Fraud ConvictionRead the Press Release
LUBBOCK, Texas — Gerald Allen Williams, 55, of Roscoe, Texas, was sentenced today by U.S. District Judge Sam R. Cummings to 33 months in federal prison and ordered to pay $410,094.98 in restitution, following his guilty plea in April 2015 to one count of wire fraud stemming from a fraudulent invoicing scheme he ran while working at Chevron Pipe Line Company. The announcement was made today by U.S. Attorney John Parker of the Northern District of Texas.
Judge Cummings ordered that Williams surrender to the Bureau of Prisons on or before 2:00 p.m. on September 25, 2015.
According to documents filed in the case, Williams worked as a Project Coordinator at Chevron Pipe Line Company’s Roscoe, Texas, facility. He was responsible for ensuring the completion of several construction and maintenance projects.
E.D. Walton Construction Company (EDW) out of Snyder, Texas, was a Chevron contractor that performed various construction and maintenance projects for Chevron.
Sometime around 2006-2007, according to plea documents filed, Williams approached EDW about a fraudulent invoicing scheme. EDW would create fictitious invoices and submit them to Chevron through the Arriba System, Chevron’s system for receiving and paying invoices. Williams would approve the fictitious invoices for payment, and the fictitious invoices would be processed for payment to EDW. Once EDW received payment for the fictitious invoices, it would pay Williams, in cash, the exact amount of the fictitious invoice. EDW did not receive any of the proceeds from the fictitious invoicing; Williams received all the proceeds. The scheme continued until approximately December 2011.
Williams admitted that he knowingly devised or intended to devise the scheme to defraud Chevron of money by means of false and fraudulent invoices. He further admitted he acted with the specific intent to deceive or cheat Chevron into thinking that EDW had completed various construction and maintenance projects for Chevron, when in fact, Williams knew EDW had not completed those projects.
The FBI investigated the case. Assistant U.S. Attorney Jeffrey R. Haag prosecuted.
# # #
Physician Admits Writing Prescriptions in the Names of Patients to Obtain Drugs for His Own UseRead the Press Release
Greenbelt, Maryland – Peter Wisniewski, age 52, of Huntingtown, Maryland, a physician in a Calvert County medical group, pleaded guilty today to three counts of possession of a controlled substance. Wisniewski admitted that he wrote prescriptions in the names of three of his patients for Oxycodone and Adderall that he then kept for his own use.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Nicholas DiGiulio, Office of Investigations, Office of Inspector General of the Department of Health and Human Services; and Calvert County Sheriff Mike Evans.
According to his plea agreement, between March 2012 and April 2015, Wisniewski wrote prescriptions for Oxycodone and Adderall in the names of three elderly patients but kept the drugs for himself. Wisniewski caused the pharmacy to fill the prescriptions, and he picked up the prescriptions without the knowledge or authorization of the patients in whose names he had written the prescriptions. Wisniewski falsely represented to the pharmacy that as the prescribing physician he was collecting the prescriptions in order to deliver them to his elderly patients.
To conceal the scheme, Wisniewski created false entries in the medical files of the three patients in whose names he was writing the prescriptions. During the scheme Wisniewski obtained more than 8,000 Oxycodone pills written in the names of those three patients.
The determination of what sentence to impose will be made by the sentencing judge, subject to a maximum of three years in prison. In light of the facts of the case, which will be more fully explained at sentencing, the government agreed to recommend a sentence of three years of probation and a fine of at least $40,000, which will be due on the date of Wisniewski’s sentencing. In addition, Wisniewski will voluntarily surrender his DEA controlled substances license and will not practice medicine for at least two years. The decision whether to allow Wisniewski to practice medicine at all in the future must be made by the state medical board. U.S. District Judge Paul W. Grimm has scheduled sentencing for October 23, 2015 at 1:00 p.m.
United States Attorney Rod J. Rosenstein commended the Department of Health and Human Services Office of Inspector General and the Calvert County Sheriff’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorneys Leah J. Bressack and Lindsay Eyler Kaplan, who are prosecuting the case.
Pensacola Businessman Indicted on Multiple Federal ChargesRead the Press Release
PENSACOLA, FLORIDA – Herdeypal Singh Bhatti, 41, of Pensacola, was arraigned today in the U.S. District Court in Pensacola after a federal grand jury returned two separate indictments charging him with unlawfully attempting to procure naturalization and with wire and mail fraud. The indictments were announced by Pamela C. Marsh, United States Attorney for the Northern District of Florida.
The naturalization indictment alleges that, in November 2011, Bhatti knowingly and falsely indicated on his naturalization application that he never failed to file a required federal income tax return and that he did not owe overdue federal taxes. The trial is scheduled for September 21, 2015.
The fraud indictment alleges that, in 2010 and 2011, Bhatti committed wire and mail fraud by knowingly submitting fraudulent claims and supporting documentation to the Gulf Coast Claims Facility ("GCCF") in connection with the 2010 Deepwater Horizon oil spill in the Gulf of Mexico. The indictment alleges that Bhatti falsely claimed to be a hotel manager seeking payment for his lost earnings from the spill. The trial is scheduled for October 5, 2015.
These cases resulted from an investigation by the U.S. Immigration and Customs Enforcement Homeland Security Investigations, the Federal Bureau of Investigation, the Internal Revenue Service-Criminal Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Escambia County Sheriff’s Office, the Pensacola Police Department, and the State Attorney's Office for the 1st Judicial Circuit. Assistant United States Attorney David L. Goldberg is prosecuting the cases.
An indictment is merely an allegation by a grand jury that a defendant has committed a violation of federal criminal law and is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the government’s burden to prove guilt beyond a reasonable doubt at trial.
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. The office strives to protect and serve the citizens of the Northern District of Florida through the ethical, vigorous, and impartial enforcement of the laws of the United States, to defend the national security, to improve the safety and quality of life in our communities through the protection of civil rights, and to protect the public funds and financial assets of the United States. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
For more information, contact:
Amy Alexander, Public Information Officer
(850) 216-3854, [email protected]
Pennsylvania man sentenced for heroin traffickingRead the Press Release
CLARKSBURG, WEST VIRGINIA – Robert Crenshaw, 62, of McKeesport, Pennsylvania, was sentenced to 46 months in prison for heroin trafficking, United States Attorney William J. Ihlenfeld, II, announced.
Crenshaw distributed heroin in December 2014 near Koupal Towers, a public housing authority facility in Harrison County, West Virginia. He pled guilty in March 2015 to one count of “Distribution of Heroin within 1,000 Feet of a Protected Location.”
Assistant U.S. Attorney Shawn Morgan prosecuted the case on behalf of the government. The Greater Harrison County Drug and Violent Crime Task Force, a HIDTA-funded initiative, investigated.
U.S. District Judge Irene M. Keeley presided.
Operator of Music Piracy Websites Pleads Guilty to Criminal Copyright InfringementRead the Press Release
A North Carolina man pleaded guilty today to reproducing and distributing without permission millions of infringing digital copies of copyrighted works, including copies of popular songs and albums before they were commercially available.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Dana J. Boente of the Eastern District of Virginia and Special Agent in Charge Clark E. Settles of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI) in Washington, D.C., made the announcement.
Rocky P. Ouprasith, 23, of Charlotte, North Carolina, pleaded guilty to one count of criminal copyright infringement before U.S. Magistrate Judge Douglas E. Miller of the Eastern District of Virginia. Sentencing is scheduled for Nov. 17, 2015.
According to admissions made in connection with his guilty plea, between May 2011 and October 2014, Ouprasith operated RockDizMusic.com, a website originally hosted on servers in France and later in Canada, from which Internet users could find and download infringing digital copies of popular, copyrighted songs and albums. Ouprasith admitted that he obtained digital copies of copyrighted songs and albums from online sources, and that he encouraged and solicited others, referred to as “affiliates,” to upload digital copies of copyrighted songs and albums to websites, including RockDizFile.com, that were hosted on servers in Russia, France and the Netherlands, and that hosted hyperlinks to content being offered for download on RockDizMusic.com. Ouprasith further admitted that to encourage such activity, he agreed to pay the affiliates based on the number of downloads from his website.
According to the Recording Industry Association of America, in 2013, RockDizFile.com was the second-largest online file sharing website specializing in the reproduction and distribution of infringing copies of copyrighted music in the United States. Ouprasith admitted that, in 2013 and 2014, he either ignored or pretended to take remedial action in response to complaints from copyright holders and their representatives that the website contained links to infringing copies protected songs and albums.
In October 2014, federal law enforcement authorities shut down RockDizMusic.com and RockDizFile.com, and law enforcement authorities in the Netherlands and France seized file-hosting servers utilized by Ouprasith.
In connection with his guilty plea, Ouprasith admitted that the market value of his illegally pirated material was more than $2.5 million.
This case is being investigated by ICE-HSI. The case is being prosecuted by Assistant Deputy Chief for Litigation John H. Zacharia of the Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS) and Assistant U.S. Attorney Randy Stoker of the Eastern District of Virginia. The CCIPS Cyber Crime Lab, the Criminal Division’s Office of International Affairs, as well as Dutch, French and Canadian law enforcement officials have provided significant assistance.
The enforcement action announced today is related to the many efforts being undertaken by the Department of Justice Task Force on Intellectual Property (IP Task Force). The IP Task Force supports prosecution priorities, promotes innovation through heightened civil enforcement, enhances coordination among federal, state, and local law enforcement partners, and focuses on international enforcement efforts, including reinforcing relationships with key foreign partners and U.S. industry leaders. To learn more about the IP Task Force, go to www.justice.gov/dag/iptaskforce.
Ouprasith Plea Agreement
Ouprasith Statement of Facts
Operator of Music Piracy Websites Pleads Guilty to Criminal Copyright InfringementRead the Press Release
NORFOLK, Va. – A North Carolina man pleaded guilty today to reproducing and distributing without permission millions of infringing digital copies of copyrighted works, including copies of popular songs and albums before they were commercially available.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Dana J. Boente of the Eastern District of Virginia and Special Agent in Charge Clark E. Settles of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI) in Washington, D.C., made the announcement.
Rocky P. Ouprasith, 23, of Charlotte, North Carolina, pleaded guilty to one count of criminal copyright infringement before U.S. Magistrate Judge Douglas E. Miller in Norfolk, Virginia. Sentencing is scheduled for Nov. 17, 2015.
According to admissions made in connection with his guilty plea, between May 2011 and October 2014, Ouprasith operated RockDizMusic.com, a website originally hosted on servers in France and later in Canada, from which Internet users could find and download infringing digital copies of popular, copyrighted songs and albums. Ouprasith admitted that he obtained digital copies of copyrighted songs and albums from online sources, and that he encouraged and solicited others, referred to as “affiliates,” to upload digital copies of copyrighted songs and albums to websites, including RockDizFile.com, that were hosted on servers in Russia, France and the Netherlands, and that hosted hyperlinks to content being offered for download on RockDizMusic.com. Ouprasith further admitted that to encourage such activity, he agreed to pay the affiliates based on the number of downloads from his website.
According to the Recording Industry Association of America, in 2013, RockDizFile.com was the second-largest online file sharing website specializing in the reproduction and distribution of infringing copies of copyrighted music in the United States. Ouprasith admitted that, in 2013 and 2014, he either ignored or pretended to take remedial action in response to complaints from copyright holders and their representatives that the website contained links to infringing copies protected songs and albums.
In October 2014, federal law enforcement authorities shut down RockDizMusic.com and RockDizFile.com, and law enforcement authorities in the Netherlands and France seized file-hosting servers utilized by Ouprasith.
In connection with his guilty plea, Ouprasith admitted that the market value of his illegally pirated material was more than $2.5 million.
This case is being investigated by ICE-HSI. The case is being prosecuted by Assistant Deputy Chief for Litigation John H. Zacharia of the Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS) and Assistant U.S. Attorney Randy Stoker of the Eastern District of Virginia. The CCIPS Cyber Crime Lab, the Criminal Division’s Office of International Affairs, as well as Dutch, French and Canadian law enforcement officials have provided significant assistance.
The enforcement action announced today is related to the many efforts being undertaken by the Department of Justice Task Force on Intellectual Property (IP Task Force). The IP Task Force supports prosecution priorities, promotes innovation through heightened civil enforcement, enhances coordination among federal, state, and local law enforcement partners, and focuses on international enforcement efforts, including reinforcing relationships with key foreign partners and U.S. industry leaders. To learn more about the IP Task Force, go to www.justice.gov/iptf.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:15-cr-95.
###
Oakland Resident Sentenced to 42 Months in Prison for Tax Fraud SchemeRead the Press Release
OAKLAND – Paul Lamont Lee was sentenced today to 42 months in prison and ordered to pay restitution in the amount of $269,895 for his role in a tax fraud scheme, announced United States Attorney Melinda Haag and Internal Revenue Service, Criminal Investigation, Acting Special Agent in Charge Thomas McMahon.
On March 13, 2014, Lee, 51, of Oakland, was charged along with his former girlfriend, Akysha Rockwell, 42, of Oakland, in a twenty-count indictment. According to the indictment, between January 12, 2012, and July 16, 2012, Lee and Rockwell participated in a scheme to obtain and help others obtain refunds from the IRS based on false claims. The indictment alleges Lee and Rockwell obtained names, social security numbers, and dates of birth for numerous people then electronically filed federal income tax returns in the names of these other people. The indictment further alleged that the defendants claimed refunds derived from false tax credits, including the Earned Income Credit, the Additional Child Tax Credit, and the American Opportunity Credit. The indictment charged both Lee and Rockwell with conspiracy to file false claims, in violation of 18 U.S.C. § 286. In addition, the indictment charged Lee with thirteen counts of filing false claims, in violation of 18 U.S.C. § 287; and three counts of identity fraud, in violation of 18 U.S.C. § 1028(a)(7). Under the plea agreement, Lee pleaded guilty to the conspiracy and false claims counts.
Lee’s sentence was handed down today by the Honorable Jon S. Tigar, United States District Judge. Judge Tigar also sentenced Lee to a 3 year period of supervised release and ordered restitution in the amount of $269,895. Lee surrendered to the U.S. Marshal on December 17, 2014, and has been in custody since that date.
As for Rockwell, in addition to the conspiracy charge, she was charged with three counts of filing false claims. Rockwell, pleaded guilty on January 16, 2015, to conspiracy to file a false claim and one count of filing a false claim. She was sentenced on June 16, 2015, to eighteen months in prison and ordered to pay restitution in the amount of $285,034.
Assistant United States Attorney Thomas Moore is prosecuting the case. The prosecution is the result of an investigation by the Internal Revenue Service, Criminal Investigation
Nurse Sentenced for Adulterating DrugsRead the Press Release
For Further Information, Contact:
Assistant U.S. Attorney Melanie K. Pierson (619) 546-7976NEWS RELEASE SUMMARY – August 21, 2015
SAN DIEGO –Sarah Elizabeth Martin, a registered nurse from San Diego, was sentenced today to three years of probation, a $1,000 fine, 100 hours of community service and was ordered to pay restitution and complete a six-month residential drug rehabilitation program for removing Meperidine Hydrochloride (a generic form of Demerol®) from vials at the clinic where she worked in La Jolla with a syringe and replacing them with saline solution.
In order to conceal the adulteration, Martin glued the caps back on the vials and placed them back in the locker at the clinic with the other drugs to be administered to patients, intending to make it appear that the vials were untouched. Although the adulterated drugs were administered to between 50-250 patients at the clinic, based on the investigation, there is no evidence that Martin’s conduct led to the harm of any patient, or involved a conscious or reckless risk of death or serious bodily injury.
At sentencing, Martin acknowledged that as a result of receiving treatment for a medical condition, she developed an addiction to pain medication, and began injecting herself with the generic Demerol® she had taken from the clinic.
“Consumers and especially patients rely on FDA to ensure that the prescription drugs they take are safe and effective; when actions compromise either the safety or the effectiveness of those medications, we will intervene,” said Lisa L. Malinowski, Special Agent in Charge, FDA Office of Criminal Investigations’ Los Angeles Field Office. “We will continue our vigilance and work to ensure that those who violate the public’s trust and endanger the public health will be brought to justice.”
DEFENDANT
Sarah Elizabeth Martin Age: 25
SUMMARY OF CHARGES
Adulteration of Drug Held for Sale– Title 21, U.S.C., Sections 331(k) and 333(a)(2)
Maximum penalty: Three years in custody and $250,000 fine
AGENCY
Food and Drug Administration, Criminal Investigations Division
Nigerian Citizen Sentenced to 20 Years for International Conspiriacy to Commit Federal FraudRead the Press Release
Gulfport, Miss – A Nigerian citizen arrested in Indiana, one of twenty-one defendants indicted in a nine-count federal indictment filed in the Southern District of Mississippi, was sentenced on Thursday, August 20, 2015, for his role in a conspiracy to commit offenses against the United States, announced U.S. Attorney Gregory K. Davis.
Teslim Olarewaju Kiriji, 30, of Lagos, Nigeria and Brownsburg, Indiana, was sentenced by United States District Judge Sul Ozerden to 240 months in prison for conspiracy to commit money laundering. He was also ordered to pay a $10,000 fine and serve three years of post-release supervision. Kiriji admitted to being part of an international organization involved in multiple on-line fraud schemes that included the use of victim’s personal identification, banking and credit information. Testimony presented showed Kiriji was involved in the use and distribution of victims’ personal, bank and credit card information beginning in at least 2004 and continuing to his May 2014 arrest. Evidence presented at sentencing supported $50,000,000 in intended losses through counterfeit check schemes and account take-over schemes by the conspiracy.
The indictment in this case alleges a West African transnational organized crime enterprise involved in numerous complex financial fraud schemes over the internet. This mass marketing fraud includes romance scams, re-shipping scams, fraudulent check scams and work-at-home scams, along with bank, financial and credit card account take-overs.
The investigation was initiated in October, 2011, by Homeland Security Investigations agents in Gulfport after U.S. law enforcement officers were contacted by a woman in Mississippi who was the victim of a sweetheart scam. The victim received a package in the mail requesting that she reship the merchandise to an address in Pretoria, South Africa. The investigation later revealed that the merchandise was purchased using stolen personal identity information and fraudulent credit card information of persons in the United States. Investigators have identified thousands of victims of this scam in the United States, resulting in the loss of millions of U.S. dollars.
The indictment is the result of an investigation led by the HSI Gulfport office in partnership with the U.S. Postal Inspection Service, South African Police Service, Toronto Police, HSI Cyber Crimes Center, Treasury Executive Office of Asset Forfeiture, HSI Ontario, HSI Charleston, Interpol South Africa, HSI Pretoria and HSI Atlanta.
The case in Mississippi is prosecuted by Assistant U.S. Attorneys Annette Williams and Scott Gilbert along with Robert Tully of the Organized Crime Gang Section of the Department of Justice.
New Orleans Woman Sentenced for Stealing Money from Open WorldRead the Press Release
U.S. Attorney Kenneth A. Polite announced that KIM CASSELL, age 42, of New Orleans, was sentenced today after pleading guilty to a one-count Bill of Information charging her with stealing money from Open World Family Services, Inc. (“Open World”). Open World was a non-profit 501(c)(3) charitable corporation organized for the purpose of helping students in the greater New Orleans area grow academically.
From March 2010 until June 2012, CASSELL knowingly used federal grant money from the 21st Century Community Learning Centers grant program, amounting to more than $140,000, for her personal benefit, rather than for educational, grant related purposes.
U.S. District Judge Ivan L.R. Lemelle sentenced CASSELL to five years of probation with six months electronic monitoring and $149,000 in restitution.
U.S. Attorney Polite praised the work of the U.S. Department of Education and the Federal Bureau of Investigation in investigating this matter. Assistant U. S. Attorney Sharan E. Lieberman was in charge of the prosecution.
New Orleans Woman Pleads Guilty to Submitting False Documents to the Road Home ProgramRead the Press Release
U.S. Attorney Kenneth A. Polite announced that DEBORAH FORTNER, age 53, of New Orleans, entered a plea of guilty yesterday to one count of submitting false documents to the Road Home Program.
According to court records, FORTNER applied for a LRHP grant to renovate her home after Hurricane Katrina. In 2007, Fortner was awarded a $97,899 grant from the LRHP. In 2011, the LRHP contacted FORTNER to request proof of pre-storm occupancy related to her property. As a result of the request, FORTNER faxed a copy of an altered bank statement to the LRHP. The mailing address on the bank statement had been changed by FORTNER to make it appear that FORTNER was receiving mail at that property prior to Hurricane Katrina. In 2013, the LRHP again contacted FORTNER and requested proof of occupancy related to her property. In response to LRHP’s request, FORTNER faxed a copy of a New Orleans Sewerage and Water Board (“S&WB”) statement to the LRHP. The submitted S&WB document falsely contained the address of the property. The false documents were submitted by FORTNER to the LRHP in order to prove compliance with the grant covenants and to prevent FORTNER from having to pay the funds back to the LRHP.
FORTNER faces a maximum penalty of five years imprisonment, followed by up to three years of supervised release, and a $250,000 fine. U.S. District Judge Jane Triche Milazzo set sentencing for December 3, 2015.
The U. S. Department of Housing and Urban Development- Office of Inspector General and the Federal Bureau of Investigation are in charge of investigating this matter. Fraud Unit Chief, Assistant U. S. Attorney Brian M. Klebba is in charge of the prosecution.
Munhall Man Charged with Murder in State Court Gets 25 Years in Prison for Violating Federal Firearms LawsRead the Press Release
PITTSBURGH - Andre Ruffin, a former resident of Munhall, Pa., was sentenced yesterday to 300 months (25 years) in prison and five years of post-release supervision, by Senior U.S. District Judge Terrence F. McVerry, United States Attorney David J. Hickton announced today. Ruffin was convicted of being a felon in possession of firearms and ammunition by a federal jury on March 4, 2015.
According to information that was presented to the court, Ruffin had been under investigation, by the Allegheny County Police – Homicide Section, for the death of Loretta Jackson that occurred on April 11, 2013. During that investigation, as was revealed at trial, a search warrant was executed at Ruffin’s home on April 22, 2013. During the search of Ruffin’s residence officers recovered an assault weapon and a component for an assault weapon known as a lower receiver. Officers also recovered multiple rounds of various caliber ammunition, a bullet proof vest, firearms holsters, firearms magazines, and various firearms paraphernalia and components.
Subsequent to the search, Special Agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives obtained records and conducted interviews that demonstrated that Ruffin had used his girlfriend (as a “straw purchaser”) to purchase the two firearms from Anthony Arms and Accessories, a West Mifflin firearms dealer, for his own possession. As a convicted felon, Ruffin was not legally permitted to purchase or possess firearms or ammunition. ATF also obtained records and information revealing more than a dozen deliveries of firearms-related parts and paraphernalia were made to the Ruffin home.
Federal law prohibits a person who has been convicted of a crime punishable by a term of imprisonment in excess of one year from lawfully possessing a firearm, firearm components such as a receiver, and ammunition. Ruffin had been convicted of a multitude of felony offenses including: carjacking; using a firearm during a crime of violence; robbery; attempted theft; and aggravated assault. During the sentencing hearing Judge McVerry noted that Ruffin, through his criminal history, had displayed "absolutely no respect for the law" as well as a "complete and utter disrespect for the law."
Assistant United States Attorneys Jonathan B. Ortiz and Ross E. Lenhardt prosecuted this case on behalf of the government. This case was prosecuted as part of Project Safe Neighborhoods, a collaborative effort by federal, state and local law enforcement agencies, prosecutors and communities to prevent, deter and prosecute gun crime.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Allegheny County Police Department, the Allegheny County Medical Examiner’s Office - Crime Laboratory, the Allegheny County Sheriff’s Office, the Munhall Police Department and the United States Marshal Service conducted the investigation leading to the conviction in this case.
After being convicted in this federal case, Ruffin was charged by the Allegheny County District Attorney's Office for having committed the Loretta Jackson homicide. He is currently pending trial in the Court of Common Pleas, Allegheny County for that charge. Any person having information relating to Ruffin and/or the ongoing investigation being conducted by the Allegheny County Police Department – Homicide Section should contact Lieutenant Andrew Shurman at 412-473-1300.
Multi-Agency Cooperation Nets Drugs, Stolen Vehicles and Guns in North IdahoRead the Press Release
COEUR D’ALENE – This week, state, tribal, and federal law enforcement officers made several separate arrests leading to the seizure of methamphetamine, heroin, marijuana, cocaine, psilocybin mushrooms, cash, firearms, and stolen vehicles, in northern Idaho. Three of those arrested, Blair Ty Murphy, 40, of Lewiston, Idaho, Darin Taylor, 55, of Post Falls, Idaho, and Hugo Chavez Acevedo, 34, of Pullman, Washington, were arrested on federal charges. The defendants were indicted on August 18, 2015, by a federal grand jury sitting in Coeur d’Alene.
In separate indictments, the defendants stand charged as follows:
Blair Ty Murphy: conspiracy to distribute, possession with intent to distribute, and distribution of methamphetamine. The charges are punishable by a mandatory minimum sentence of five years and up to forty years in prison, a maximum fine of $5,000,000, and at least four years of supervised release.
Darin Kyle Taylor: possession with intent to distribute and distribution of methamphetamine. The charges are punishable by a mandatory minimum sentence of five years and up to forty years in prison, a maximum fine of $5,000,000, and at least four years of supervised release.
Hugo Chavez Acevedo: possession with intent to distribute methamphetamine and heroin. The methamphetamine charge is punishable by a mandatory minimum sentence of five years and up to forty years in prison, a maximum fine of $5,000,000, and at least four years of supervised release. The heroin charge is punishable by up to twenty years in prison, a maximum fine of $1,000,000, and at least three years of supervised release.
The defendants were arraigned yesterday in U.S. District Court before U.S. Magistrate Judge Mikel H. Williams where they entered not guilty pleas, and the cases were set for jury trial in Coeur d’Alene on October 20, 2015.
Representatives of the Bureau of Indian Affairs, Idaho State Police, Federal Bureau of Investigation, Drug Enforcement Administration, U.S. Immigration and Customs Enforcement Homeland Security Investigations, Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Customs and Border Protection, Nez Perce Tribal Police, and Nez Perce County Sheriff’s Office participated in the investigation and arrests.
U.S. Attorney Wendy J. Olson, commended those involved in these investigations stating, “This collaborative effort by federal, tribal, and state authorities has disrupted the flow of dangerous drugs that compromise the safety and well-being of our families and communities.”
An indictment is a means of charging a person with criminal activity. It is not evidence. The person is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Metro-East Woman Sentenced for Fraudulent Tax Refund SchemeRead the Press Release
Sylvia Baker, 30, of Fairview Heights, Illinois, was sentenced to six months halfway house incarceration followed by six months home detention with electronic monitoring as a condition of three years supervised release for her convictions of conspiracy to defraud the United States by making false claims for tax refunds to the Internal Revenue Service by submitting false federal income tax returns, and five additional counts for making false claims for federal tax refunds, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today. Sylvia Baker was also ordered to pay restitution in the amount of $16,356 and a special assessment of $600.
The prosecution is the result of an investigation conducted by the Internal Revenue Service/Criminal Investigations. The case was prosecuted by Assistant United States Attorney Norman R. Smith.
Marion Prison Inmate Sentenced to an Additional 5 Years for Assaulting Correctional OfficersRead the Press Release
Erick Roman, 38, an inmate at the United States Penitentiary at Marion, Illinois, pled guilty today in United States District Court in Benton to charges that he assaulted three different correctional officers on three different occasions at that facility, announced Stephen R. Wigginton, United States Attorney for the Southern District of Illinois. The offenses were committed at USP-Marion on August 20, 2014, September 13, 2014, and September 28, 2014. At the time of the assaults Roman was serving a 60 year federal sentence imposed in the District of Maryland for Conspiracy to Participate in a Racketeering Enterprise.
A sentencing hearing was held immediately following the entry of the guilty pleas. Roman was sentenced to a 5 year term of imprisonment for the assaults and that sentence was imposed consecutively to the 60 year sentence he was already serving. Roman was also ordered to pay $383 in restitution to the victims of his assaults and $300 in special assessments to the United States. A three year term of supervised release to follow his incarceration was also imposed.
Roman was immediately returned to the custody of the Federal Bureau of Prisons to resume serving his sentences.
The case was investigated by the Federal Bureau of Investigation with the assistance of the Federal Bureau of Prisons and was prosecuted by Assistant United States Attorney James M. Cutchin.
Marijuana Cultivators Indicted for Growing Marijuana in the Shasta-Trinity National ForestRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a five-count indictment Thursday against Jesus Gonzalez-Alvizo, 25, and Reimundo Arriaga-Arriaga, 37, residents of Mexico, charging them with conspiracy to manufacture marijuana, manufacture of marijuana, possession of firearms in furtherance of a drug trafficking crime, and depredation of public lands and resources, United States Attorney Benjamin B. Wagner announced.
According to court documents, on August 6, 2015, federal and state law enforcement authorities searched a marijuana cultivation site near Tedoc Gap in the Shasta-Trinity National Forest in Tehama County where they found approximately 4,838 marijuana plants growing. Gonzalez‑Alvizo and Arriaga-Arriaga were found at the site and were carrying handguns. They were arrested and are in custody pending trial.
A scientific expert who evaluated the marijuana cultivation site noted extensive resource damage at the site. The expert noted that chemical pesticides at the site included Carbofuran, a highly toxic chemical that is extremely dangerous to humans and to aquatic and terrestrial life, and which is banned in the United States.
This case is the product of an investigation by the U.S. Forest Service, the North State Marijuana Investigation Team (NSMIT), the Bureau of Land Management, and the Tehama County Sheriff’s Office. Assistant United States Attorney Christiaan Highsmith is prosecuting the case.
If convicted, Gonzalez-Alvizo and Arriaga-Arriaga face a maximum statutory penalty of 20 years in prison and a $10 million fine on the conspiracy and manufacture of marijuana charges. They face a maximum statutory penalty of life in prison and a $250,000 fine on the possession of a firearm in furtherance of a drug trafficking charge. And they face up to 10 years in prison and a $250,000 fine on the depredation of public lands and resources charge. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Man Is Sentenced for Failure to Notify Authorities of Large Scale Mortgage Fraud Scheme Resulting in $24 Million Loss to Financial InstitutionsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Ignacio Huergo, age 44, of Miami, Florida, was sentenced by U.S. District Judge Richard J. Arcara to 2 years’ probation, with six months to be served on home confinement, for his conviction for concealing massive financial institution fraud. Huergo was also ordered to pay restitution in the amount of $736,254.25 to M&T Bank.Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that Huergo worked for Garcia’s companies, Federal Guaranty Mortgage Company (FGMC) and Guaranty Reality and Investment (GRI) as a bookkeeper and tax preparer between 2006 and 2008. During that time, Huergo became aware of the business practices of Garcia, and knew that Garcia used him and another person as straw buyers as part of this vast mortgage fraud scheme. The defendant also knew that Garcia manipulated financial statements that Huergo drafted, which were sent to financial institutions, indicating that FGMC had a minimum net worth of over $1,000,000. Knowing about the fraud and the two ways it was perpetrated, Huergo failed to notify the authorities of Garcia’s fraud, resulting in a $24 million dollar loss to various financial institutions. One such institution, M & T Bank, was defrauded out of approximately $4.4 million.
Garcia has previously pleaded guilty to his part in this $24 million financial institution fraud scheme. GARCIA is scheduled to be sentenced on August 24, 2015.
The sentencing is the result of an investigation by Special Agents of the Federal Bureau of Investigation under the direction of Special Agent-in-Charge, Brian P. Boetig.
Lubbock Man Sentenced to 10 Years in Federal Prison for Possessing Child PornographyRead the Press Release
LUBBOCK, Texas — Connor Michael Campbell, 22, of Lubbock, Texas, was sentenced today by U.S. District Judge Sam R. Cummings to 10 years in federal prison, following his guilty plea in April 2015 to one count of possession of child pornography, announced U.S. Attorney John Parker of the Northern District of Texas.
Campbell was taken into custody at the conclusion of the sentencing hearing.
According to documents filed in the case, from approximately February to December 2014, Campbell was a member of an Internet website that provided access to images of minors engaged in sexually explicit conduct. That membership required him to upload at least one file depicting a minor engaged in sexually explicit conduct, at least every 60 days, to maintain his membership. During that time, Campbell maintained his membership, and he downloaded numerous images and videos of minors engaging in sexually explicit conduct, and he saved those images on an external hard drive.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The FBI, the Lubbock Police Department Internet Crimes Against Children Task Force, and the Texas Tech Police Department investigated the case. Assistant U.S. Attorney Steven M. Sucsy was in charge of the prosecution.
# # #
Jefferson County woman convicted in Baltimore to West Virginia heroin trafficking operationRead the Press Release
MARTINSBURG, WEST VIRGINIA – Melissa Dawn Portrey, 47, of Harpers Ferry, West Virginia, was convicted of heroin trafficking in federal court, United States Attorney William J. Ihlenfeld, II, announced.
Portrey was involved in an extensive drug trafficking operation in which heroin was transported across state lines from Baltimore, Maryland into West Virginia. The operation was disrupted in June 2015 by a 163-count federal indictment encompassing 41 defendants.
Portrey pled guilty to one count of “Aiding and Abetting Interstate Travel in aid of Racketeering.” She faces up to five years in prison and a fine of up to $500,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorneys 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.
Jefferson County Man Sentenced to 210 Months on Methamphetamine Related ChargesRead the Press Release
A Jefferson County man was sentenced on August 20, 2015, to federal prison on methamphetamine related charges, Stephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced today.
Robert A. Tate, 31, of Mt. Vernon, Illinois, was sentenced to 210 months in federal prison, three years’ supervised release following his imprisonment, and fined $200. Tate was convicted following a two day jury trial on both counts in a federal indictment.
"If you are wondering about this very lengthy and well-deserved sentence, I would simply say that meth is a killer and destroyer of lives, and those who sell it do so knowing that they are killing people in our communities. If you think about making or selling meth, please think about spending a good part of your life behind federal bars." noted United States Attorney Wigginton.
Count 1 charged that from February 2013, until on or about June 2014, in Jefferson County, Tate knowingly conspired to manufacture methamphetamine. Count 2 charged that on March 31, 2014, in Jefferson County, Tate knowingly and intentionally distributed methamphetamine.
The investigation in this case was conducted by the Joint Narcotics Unit of the Mt. Vernon Police Department and the Jefferson County Sheriff’s Department.
The case is being handled by Assistant United States Attorney George Norwood.
Jackson County Man Convicted of Child Pornography ChargesRead the Press Release
PANAMA CITY, FLORIDA – A federal trial jury convicted Charles Heath Stewart, 42, of Grand Ridge, Florida, of producing and possessing child pornography. The verdict was announced today by Pamela C. Marsh, United States Attorney for the Northern District of Florida.
At trial, the government presented evidence that, on three occasions, in September, October, and November 2013, Stewart knowingly enticed a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction. Additionally, evidence presented at trial showed that Stewart knowingly possessed child pornographic images. Law enforcement officers discovered the sexually explicit images when they executed state and federal search warrants on Stewart’s phone in 2014.
Sentencing is scheduled for November 4, 2015, at 12:00 p.m. at the United States Courthouse, 30 West Government Street, Panama City, Florida. For each count of production of child pornography, Stewart faces a mandatory minimum of 15 years in prison and a maximum of 30 years in prison, life on supervised release, and a $250,000 fine. For the possession of child pornography, Stewart faces a maximum of 10 years in prison, life on supervised release, and a $250,000 fine.
The case was investigated by the United States Immigration and Customs Enforcement Homeland Security Investigations, the Florida Department of Law Enforcement, and the Jackson County Sheriff’s Office, whose joint investigation led to the conviction in this case. The case was prosecuted by Assistant United States Attorney Kathryn D. Risinger.
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. The office strives to protect and serve the citizens of the Northern District of Florida through the ethical, vigorous, and impartial enforcement of the laws of the United States, to defend the national security, to improve the safety and quality of life in our communities through the protection of civil rights, and to protect the public funds and financial assets of the United States. To access available public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
For more information, contact:
Amy Alexander, Public Information Officer
(850) 216-3854, [email protected]
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Ostby in Billings on August 19, 2015, and entering pleas of Not Guilty were:
- DEAN WALLOWING BULL, a 36-year-old resident of Lame Deer, appeared on charges of sexual abuse. If convicted of the charge contained in the indictment, WALLOWING BULL faces life in prison, $250,000 in fines and lifetime supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 15-32
Appearing before U.S. Magistrate Lynch in Missoula on August 19, 2015, and entering pleas of Not Guilty were:
- JODY RAY KOESTLER, a 59-year-old resident of Bozeman, appeared on charges of wire fraud; theft of government property and false statements. If convicted of the most serious charges contained in the indictment, KOESTLER faces 20 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Social Security Administration. PACER Case Reference. 15-27
Appearing before U.S. Magistrate Johnston in Great Falls on August 19, 2015, and entering pleas of Not Guilty were:
- DAVE VICTOR FAST HORSE III, a 27-year-old resident of Wolf Point, appeared on charges of burglary. If convicted of the charge contained in the indictment, FAST HORSE faces 20 years in prison, $50,000 in fines and 3 years supervised release. The case was investigated by the Fort Peck Tribes Department of Law and Justice. PACER Case Reference. 15-45
Appearing before U.S. Magistrate Lynch in Missoula on August 18, 2015, and entering pleas of Not Guilty were:
- LAVELLE ANTRON COTTON, a 34-year-old resident of Seattle, Washington, appeared on charges of conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, COTTON faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Drug Enforcement Administration. PACER Case Reference. 15-13
- SERGIO DIAZ-HINOJOS, a 36-year-old resident of Las Vegas, Nevada, appeared on charges of illegal entry. If convicted of the charge contained in the indictment, DIAZ-HINOJOS faces 20 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by Homeland Security Investigations. PACER Case Reference. 15-15
- ALBERT PEDRO JAQUEZ, JR., a 35-year-old resident of Seattle, Washington, appeared on charges of conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, JAQUEZ faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Drug Enforcement Administration. PACER Case Reference. 15-13
- JASON HOMER JENKINS, a 38-year-old resident of Belgrade, appeared on charges of felon in possession of a firearm. If convicted of the charge contained in the indictment, JENKINS faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference. 15-31
- DAVID LAWRENCE JENSEN, a 43-year-old resident of Columbia Falls, appeared on charges of felon in possession of firearms and ammunition. If convicted of the charge contained in the indictment, JENSEN faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and Flathead County Sheriff’s Office. PACER Case Reference. 15-15
- TRITTNIE VON ROGERS, a 23-year-old resident of Seattle, Washington, appeared on charges of conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, ROGERS faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Drug Enforcement Administration. PACER Case Reference. 15-13
- BOB YOUNG, a 64-year-old resident of Lima, appeared on charges of theft of government property and trees cut or injured. If convicted of the most serious charge contained in the information, YOUNG faces 1 year in prison, $100,000 in fines and 1 year supervised release. The case was investigated by the U.S. Fish and Wildlife Service. PACER Case Reference. 15-26
Appearing before U.S. Magistrate Johnston in Great Falls on August 18, 2015, and entering pleas of Not Guilty were:
- REZAUL ALAM, a 28-year-old resident of Calgary, Alberta, Canada, appeared on charges of transporting illegal aliens and bringing aliens to the United States. If convicted of the most serious charge contained in the indictment, ALAM faces 5 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by Homeland Security Investigations. PACER Case Reference. 15-33
Appearing before U.S. Magistrate Ostby in Billings on August 18, 2015, and entering pleas of Not Guilty were:
- SAMUEL TAKESHORSE, a 58-year-old transient, appeared on charges of criminal mischief. If convicted of the charge contained in the indictment, TAKESHORSE faces 10 years in prison, $50,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Indian Affairs. PACER Case Reference. 15-71
Appearing before U.S. Magistrate Ostby in Billings on August 17, 2015, and entering pleas of Not Guilty were:
- AMELIA MAE HOUSE SEESTHEGROUND, a 47-year-old resident of Hardin, appeared on charges of conspiracy to distribute methamphetamine and distribution of methamphetamine. If convicted of the most serious charges contained in the indictment, SEESTHEGROUND faces 20 years in prison, $1,000,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Indian Affairs. PACER Case Reference. 15-88
Appearing before U.S. Magistrate Ostby in Billings on August 13, 2015, and entering pleas of Not Guilty were:
- THOMAS JAMES ROCKROADS III, a 30-year-old resident of Busby, appeared on charges of assault on a federal officer and use of a firearm during and in relation to a crime of violence. If convicted of the most serious charge contained in the indictment, ROCKROADS faces 20 years in prison, $250,000 in fines and 5 years supervised release. The case was investigated by the Bureau of Indian Affairs. PACER Case Reference. 15-78
- JOHN WHITEHAWK III, a 49-year-old resident of Lame Deer, appeared on charges of aggravated sexual abuse, sexual abuse of a minor, and abusive sexual contact with a minor. If convicted of the most serious charges contained in the indictment, WHITEHAWK faces life in prison, $250,000 in fines and lifetime supervised release. The case was investigated by the Bureau of Indian Affairs. PACER Case Reference. 15-90
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Indictment Unsealed Charging Four Defendants with Drug Trafficking via MegabusRead the Press Release
U.S. Attorney Kenneth A. Polite announced today the unsealing of a seventeen-count Indictment that charges THOMAS GORDON, a/k/a “Ice,” age 31, and DONALD EALY, a/k/a “Deebo,” age 37, of New Orleans, along with MARTHA QUINONES, age 50, and KEVIN GONZALES, age 24, of Houston, with numerous violations of the Federal Controlled Substances Act. All four defendants face the lead charge of conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin, along with other substantive drug offenses. In addition, all of the defendants were charged with using a telephone in furtherance of their drug-trafficking conspiracy.
According to court documents, on August 6, 2015, QUINONES had agreed to travel by Megabus from Houston to New Orleans, while transporting narcotics which she intended to deliver to GORDON. Law enforcement intercepted QUINONES as she arrived in New Orleans and found her to be in possession of almost a half-kilogram of heroin in her duffle bag. Further, EALY and GONZALES conspired with QUINONES and GORDON to distribute and possess with intent to distribute heroin in the Eastern District of Louisiana.
If convicted of the lead charge of engaging in a drug conspiracy, each defendant faces a minimum sentence of 10 years in prison, a maximum sentence of life in prison, a fine of not more than $10,000,000, and a minimum of five years of supervised release.
U.S. Attorney Polite reiterated that the Indictment is merely a charge and that the guilt of the defendants must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation New Orleans Gang Task Force (NOGTF), which includes FBI, the Saint Tammany Parish Sheriff’s Office, the Jefferson Parish Sheriff’s Office, and the New Orleans Police Department. Assistant United States Attorney Brandon S. Long is responsible for the prosecution.
Indictment Charges Gun Possession by A Convicted FelonRead the Press Release
PHILADELPHIA - Eric Roberts, 32, of Philadelphia, Pennsylvania, was arrested today on an indictment, filed August 18, 2015, charging him with possession of firearm by a convicted felon, announced United States Attorney Zane D. Memeger.
If convicted, defendant faces a mandatory minimum sentence of 15 years in prison with a maximum sentence of life, five years of supervised release, and a substantial fine.
This case was investigated by the Bureau of Alcohol, Tobacco & Firearms and the Philadelphia Police Department. It is being prosecuted by Assistant United States Attorney Ewald Zittlau.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Hyattsville Man Pleads Guilty to Carjacking and to Illegal Possession of a GunRead the Press Release
Greenbelt, Maryland – Marden Gonzalez, age 20, of Hyattsville, Maryland, pleaded guilty today to carjacking and to being a felon in possession of a firearm.
The guilty plea 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); Chief Larry M. Brownlee, Sr. of the Maryland National Capital Park Police, Prince George’s County Division; and Chief Mark A. Magaw of the Prince George’s County Police Department.
According to Gonzalez=s plea agreement, on February 17, 2015, at 1:00 p.m. Gonzalez approached the victim, who was stopped at a red light at the intersection of East-West Highway and Ager Road in Hyattsville. Gonzalez pointed a loaded .380 caliber pistol at the victim and demanded the victim’s car. The victim got out of the car and Gonzalez got in and drove away in the victim’s car.
A few minutes later, a Maryland Park Police officer spotted the stolen car at the intersection of Queens Chapel and Chillum Roads in Hyattsville. Park Police and Prince George’s County Police officers pursued Gonzalez through snowy streets. After sideswiping several parked cars, Gonzalez crashed the victim’s car headfirst into a parked car. The law enforcement vehicles pursuing Gonzalez slid in the snow when they attempted to brake, resulting in a crash. Three officers were injured and one was taken to a hospital. Gonzalez bailed out of the victim’s car and ran away, still carrying the loaded pistol. Officers located and arrested Gonzalez in the semi-enclosed back porch of a nearby house, and recovered the gun.
Gonzalez had previously been convicted of a felony and as a result, was prohibited from possessing a firearm or ammunition.
Gonzalez faces a maximum of 15 years in prison for carjacking and a maximum of 10 years in prison for being a felon in possession of a firearm. U.S. District Judge Deborah K. Chasanow has scheduled sentencing for November 16, 2015, at 1:00 p.m.
United States Attorney Rod J. Rosenstein commended the HSI Baltimore, Maryland National Capital Park Police and the Prince George’s County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys Lindsay Eyler Kaplan and William D. Moomau, who are prosecuting the case.
Hernando County Woman Sentenced to More Than Five Years for Stolen Identity Refund FraudRead the Press Release
Tampa, Florida – Senior United States District Judge Richard A. Lazzara sentenced Bertha Hart today to five years and ten months in federal prison for theft of government property. She pleaded guilty on May 11, 2015.
According to court documents, Hart was arrested by deputies from the Hernando County Sheriff’s Office on November 1, 2012. Several prepaid debit cards, in other peoples’ names, containing fraudulent tax refunds were found in her possession. Hart later admitted to participating in a conspiracy involving federal tax returns and stolen identities. Hart allowed fraudulent tax filers to use her address to receive prepaid debit cards containing federal tax refunds. She also retrieved similar debit cards from other peoples’ mailboxes. Once these cards were in her possession, Hart delivered them to her co-conspirators, who removed most of the money from them. The co-conspirators later returned the cards to Hart with $1,000 to $2,000 remaining on them as her payment.
This case was investigated by the Hernando County Sheriff’s Office, the Internal Revenue Service – Criminal Investigation, and the United States Secret Service. It was prosecuted by Assistant United States Attorney Sara C. Sweeney.
Fourteen Defendants Indicted in Cocaine ConspiracyRead the Press Release
ALEXANDRIA, Va. – Following a year-long investigation by a task force of federal and local law enforcement officers in four states and the District of Columbia, the United States has charged fourteen defendants in a federal indictment with conspiracy to distribute five kilograms or more of cocaine.
According to the indictment, which was issued yesterday, the defendants represent various components in a criminal enterprise responsible for importing bulk quantities of cocaine from Mexico into the United States and distributing it throughout the Washington, D.C. metropolitan area. The defendants include alleged street level dealers with ties to the transnational 18th Street gang. During the course of arrests in June 2015, agents recovered multiple firearms, distribution quantities of cocaine, and over $45,000 in U.S. currency.
The defendants charged in yesterday’s indictment include:
-
Roberto Carlos Esparza Suarez, also known as “Soldier,” 26, of Dale City, Virginia
-
Joaquin Santana Rivera Mejia, also known as “Chino,” 37
-
Christopher Flores, also known as “Magic,” 36, of Gaithersburg, Maryland
-
Juan Delao, also known as “Tony” and “Chiki,” 41, of Triangle, Virginia
-
Josue Emmanuel Rivera Lemus, also known as “Chipi,” 32, of Riverdale, Maryland
-
Fredy Armando Pereira, also known as “Shakira” and “Rat,” 36, of Adelphi, Maryland
-
Lisette Natali Cordova, 24, of Dale City, Virginia
-
Laura Shepherd, 38, of Berwyn Heights, Maryland
-
Jose Komairo Hernandez Lopez, 34, of Woodbridge, Virginia
-
Alexander Lorenzo, 33, of Hyattsville, Maryland
-
Jeovany Francisco Andrade, 29, of Rockville, Maryland
-
Marco Valdez Hernandez, 35, of Denver, Colorado
-
Jorge Enrique Mendez Limon, 34, of Berwyn Heights, Maryland
-
Luis Manuel Villa Castelan, 34, of the Bronx, NY
Almost all of the defendants face a minimum penalty of ten years and a maximum penalty of life in prison if convicted. The minimum and maximum statutory sentences are prescribed by Congress and are provided here for informational purposes only, as the sentencing of the defendants will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
Furthermore, eight guilty pleas have been entered by co-conspirators in this case. Those include:
-
Edgar Hernandez, also known as “Pelon,” 33, of Berwyn Heights, Maryland, who pleaded guilty on August 18, 2015 to charges of conspiracy to distribute five kilograms or more of cocaine and possession of a firearm used in furtherance of a drug trafficking crime.
-
Jose Ulloa Sanchez, also known as “Alfredo Ulloa” and “Mexico,” 35, of Dumfries, Virginia, who pleaded guilty on August 18, 2015 to a charge of conspiracy to distribute five kilograms or more of cocaine.
-
Jessica Hernandez, of Berwyn Heights, Maryland, who pleaded guilty on August 19, 2015 to a charge of conspiracy to distribute five kilograms or more of cocaine.
-
Walter Blanco Lopez, 21, of Alexandria, Virginia, who pleaded guilty on August 19, 2015 to a charge of conspiracy to distribute cocaine.
-
Guillermo Castellon, also known as “Memo,” 27, of Woodbridge, Virginia, pleaded guilty on August 13, 2015 to a charge of conspiracy to distribute 500 grams or more of cocaine.
-
Rodrigo Torres, also known as “Jerry Reyes,” 29, of Riverdale, Maryland pleaded guilty August 11, 2015 to a charge of conspiracy to distribute five kilograms or more of cocaine.
-
Oscar Marroquin, also known as “Joker,” 27, of Manassas, Virginia, pleaded guilty on August 13, 2015 to a charge of conspiracy to distribute 500 grams or more of cocaine.
-
Sifredo Anthony Barrientos, also known as “Big Boy,” 24, of Manassas, Virginia, pleaded guilty on July 17, 2015 to a charge of conspiracy to distribute 500 grams or more of cocaine.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office; Clark E. Settles, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Washington; and Stephan M. Hudson, Prince William County Chief of Police, made the announcement after the pleas were accepted by U.S. District Judges Gerald Bruce Lee, Claude M. Hilton, and James C. Cacheris.
This case was investigated by the FBI’s Washington Field Office, ICE-HSI Washington, and the Prince William County Police Department. Special Assistant U.S. Attorneys Jennifer A. Clarke and Andrea Duvall are prosecuting the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:15-cr-183.
-
Four Tampa Residents Plead Guilty in Conspiracy to Import XLR-11, a Synthetic Cannabinoid, a/k/a "Spice"Read the Press Release
Four Tampa residents plead guilty to their involvement in a conspiracy to import a synthetic cannabinoid, XLR-11, a/k/a “Spice,” and paraphernalia to the United States from China, before United States Chief Magistrate Judge Frank J. Lynch, Jr., in Ft. Pierce, Florida.
Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, Alysa D. Erichs, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), A.D. Wright, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), Miami Field Division, and Ronald J. Verrochio, Inspector in Charge, U.S. Postal Inspection Service (USPIS), Miami Division, made the announcement.
Saiful Hossain, 28, of Tampa, pleaded guilty to conspiracy to import a Schedule l controlled substance (XLR-11) and conspiracy to manufacture, possess with intent to manufacture and distribute a Schedule l controlled substance (XLR-11). Each offense carries a maximum penalty of 20 years in prison. Hossain also agreed to the forfeiture of assets totaling over $1.5 million and real property in St. Petersburg, Florida.
Last week, on Tuesday, August 11, 2015, Ahmed Yehia Khalifa, 28, and Ahmed Maher Elhelw, 25, both from Tampa, pleaded guilty to conspiracy to import a Schedule 1 controlled substance (XLR-11) and conspiracy to manufacture, possess with intent to manufacture and distribute a Schedule 1 controlled substance (XLR-11). Each offense carries a maximum penalty of 20 years in prison. The defendants also agreed to the forfeiture of assets totaling $472,780.00.
On Wednesday, August 12, 2015, Tanjina Islam Piya, 24, of Tampa, pleaded guilty to conspiracy to import drug paraphernalia. The offense carries a maximum penalty of 3 years in prison. The defendant also agreed to the forfeiture of assets totaling $157,158.80 and real property in St. Petersburg, Florida.
The sentencing for the four defendants has been set for October 22, 2015, before U.S. District Court Judge Donald M. Middlebrooks in West Palm Beach, Florida.
According to allegations contained in court records, U.S. Customs and Border Protection (CBP) Officers in New York identified, searched and detained twelve United States Postal Service (USPS) parcels, destined for Indian River and Palm Beach Counties, in the Southern District of Florida. Each of the parcels was shipped from China and allegedly contained three kilogram packages of a controlled substance, XLR-11 a chemical used in the manufacture of smokable synthetic cannabinoids (SSC). The parcels were mailed to separate private mailboxes, with defined street addresses, located at mailbox service centers in Indian River and Palm Beach Counties.
The court records further allege that SSC products, commonly known as “Spice,” are a mixture of an organic “carrier” medium, such as the herb-like substance damiana leaf and/or marshmallow leaf, which is then typically sprayed or mixed with a synthetic cannabinoid chemical compound which mimics the pharmacological effect of a Schedule I or II controlled substance. This organic “carrier” is then commonly sprayed with a tobacco flavoring such as strawberry, blueberry, or pineapple, in order to mask the harsh chemical taste upon ingestion. Currently, there are hundreds of synthetic cannabinoid compounds.
Mr. Ferrer commended the investigative efforts of HSI, DEA, USPIS, CBP, Hillsborough County Sheriff’s Office, Tampa Police Department, and the Indian River County Sheriff’s Office. This case is being prosecuted by Assistant U.S. Attorneys Carmen Lineberger and Antonia Barnes.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls. 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 Owner of Mastro Auctions Sentenced to 20 Months in Federal Prison in Shill-Bidding ScamRead the Press Release
CHICAGO — The former owner and CEO of a sports memorabilia auction house was sentenced Thursday to 20 months in federal prison for using phony bids to fraudulently inflate the price of his company’s listings at auction.
As the owner and chief executive officer of Mastro Auctions, WILLIAM MASTRO and several colleagues placed fake bids to drive up the prices of various listings, a process known as “shill bidding.” Mastro also sold phony and altered memorabilia, including a Honus Wagner baseball card whose sides Mastro had cut with a paper-slicing machine, and a purported 1869 Cincinnati Red Stockings trophy ball that Mastro knew contained paint manufactured after World War II.
Mastro, 62, of Palos Park, pleaded guilty in 2013 to one count of mail fraud. In addition to the 20-month prison term, U.S. District Judge Ronald A. Guzman noted that Mastro had already satisfied the court-imposed fine of $250,000. Judge Guzman ordered Mastro to begin serving his sentence no later than Nov. 30, 2015.
“The long-running and systematic nature of the scheme undermines confidence in the auction house and sports-memorabilia industries, and calls into question the true value of merchandise,” said Assistant U.S. Attorney Steven J. Dollear. “The defendant’s ultimate goal was to beat the competition and garner more business for his auction house, and, in the end, more money for himself.”
Mastro is one of four former Mastro Auctions employees, including three executives, who have pleaded guilty in connection with the fraud scheme. Prior to closing in 2009 amidst the federal investigation, Mastro Auctions had maintained offices at different times in Oak Brook, Willowbrook and Burr Ridge.
The T206-series Wagner card is considered one of the world’s most expensive trading cards. Mastro admitted in the plea agreement that he cut the card’s side borders, and then concealed this information when he sold the card in 1987. Mastro again failed to disclose his alteration even after participating in subsequent auctions of the card in 1991 and 2000. The sale in 2000 produced a purchase price of more than $1 million, according to the plea agreement. Mastro also failed to disclose that he cut the Wagner card again in 1992, even though he was aware that the card had been submitted to become the first baseball card assigned a grade based on the condition of the card.
Mastro sold the alleged 1869 Cincinnati Red Stockings trophy ball to a collector in 2006 for $62,000, even though Mastro was aware that the trophy ball had previously been returned to the auction house by a prior buyer who had conducted laboratory testing on it. The testing had shown that the trophy ball contained paint that was manufactured after World War II, casting doubt on the ball’s authenticity. Mastro did not inform the 2006 collector of the laboratory testing.
Mastro Auctions, which also operated under the names Mastro Fine Sports and Mastro Net, specialized in sports memorabilia but also featured coins, art, and Americana collectibles. Most items were consigned to Mastro Auctions by their owners, but the house also owned some of the items it sold. Mastro had sold the company in 2004 but stayed on as its chairman and chief executive officer until its closure.
Mastro admitted in a plea agreement that the shill-bidding scheme spanned from 2002 to 2009. The scam involved submitting phony bids to artificially drive up the price of online and live auctions. Mastro admitted that he or one of several colleagues would place the shill bids as needed to inflate the price and to protect the interests of consignors and sellers – at the expense of unwitting bidders. If the shill bids ever won the item being auctioned, Mastro or his colleagues would cancel the sale.
Three other former employees of Mastro Auctions have admitted their roles in the scheme. Doug Allen, 52, of Crete, served as president and chief operating officer from 2001 to 2009. He pleaded guilty to one count of wire fraud. Mark Theotikos, 54, of Addison, worked for Mastro Auctions from 1996 to 2009 as vice president of auction operations and acquisitions. He pleaded guilty to one count of mail fraud. Allen and Theotikos are scheduled to be sentenced by Judge Guzman on Oct. 14, 2015. William Boehm, 66, of Ballwin, Missouri, worked for Mastro Auctions in information technology. He pleaded guilty to one count of making false statements to agents of the Federal Bureau of Investigation who were probing the company’s practices. Boehm was given two years of probation.
The sentence was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; John A. Brown, Acting Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation; and António Gomez, Inspector in Charge of the U.S. Postal Inspection Service in Chicago.
The government is being represented by Mr. Dollear and Assistant U.S. Attorney Derek R. Owens.
Former NIST Police Officer Admits That He Attempted to Manufacture Methamphetamine, Causing an ExplosionRead the Press Release
Greenbelt, Maryland – Former National Institute of Standards and Technology (NIST) police officer Christopher Bartley, age 41, of Gaithersburg, Maryland, pleaded guilty today to attempting to manufacture methamphetamine in a laboratory room on the NIST campus on Saturday, July 18, 2015, which resulted in an explosion.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Acting Special Agent in Charge Scott Hinckley of the Federal Bureau of Investigation; Special Agent in Charge Karl C. Colder of the Drug Enforcement Administration - Washington Field Division; and Chief J. Thomas Manger of the Montgomery County Police Department.
"Methamphetamine is unsafe to produce and unsafe to use," said U.S. Attorney Rod J. Rosenstein. "Mr. Bartley damaged government property and jeopardized the health and safety of NIST employees by mixing dangerous chemicals."
According to his plea agreement, on July 18, 2015, Bartley reported to work at NIST where he worked as a lieutenant with the NIST police force. In the evening, Bartley entered a room inside a NIST building in order to use equipment to manufacture methamphetamine under a chemical fume hood. While attempting to manufacture methamphetamine, Bartley caused an explosion that blew four of the room’s windows out of their frames. The shatterproof windows were found at distances ranging from 22 to 33 feet from the building. Bartley suffered burns on his head and arm.
The explosion caused the temperature in the room to rise to 180 degrees, activating a silent heat alarm. When firefighters entered the building shortly thereafter, they saw Bartley leaving the room with burns on his arm, as well as singed eyebrows and hair. Before leaving the building, Bartley collected remnants of items from the scene of the explosion and later threw the items in a dumpster near the building. He then drove to another NIST building where he discarded additional items in the trash related to his attempt to manufacture methamphetamine.
Law enforcement later searched the trash near those two buildings and seized a coffee grinder with white powder residue, rubber gloves, a funnel, a soda bottle containing white powder with a rubber tube coming out the top, coffee filters, burnt and melted plastic, a bottle of Drano crystals, a gas mask and protective safety glasses.
Law enforcement agents searched Bartley’s vehicle and recovered a book that contained Bartley’s handwritten notes of ingredients and equipment needed to manufacture methamphetamine, including tubing, a funnel, coffee filters, Coleman camp fuel and lye.
At 1:27 a.m. on July 19, 2015, Bartley sent an email to his supervisor titled “tonight’s explosion” in which he admitted he had attempted to manufacture methamphetamine. A few hours later, Bartley also admitted to a law enforcement agent that he had been trying to manufacture methamphetamine at the time the explosion occurred.
The total amount of methamphetamine involved in the offense was less than five grams.
Bartley faces a maximum sentence of 20 years in prison. U.S. District Judge George J. Hazel has scheduled sentencing for November 19, 2015 at 9:30 a.m. Bartley is not in custody.
United States Attorney Rod J. Rosenstein commended the FBI, DEA and Montgomery County Police Department for their work in the investigation, and praised NIST for their assistance in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorneys Leah Jo Bressack and Mara Zusman Greenberg, who are prosecuting the case.
Former Belgrade State Bank Branch Manager Sentenced for Purposefully Evading Reporting RequirementsRead the Press Release
St. Louis, MO – SHEILA AUBUCHON was sentenced today to twelve months and one day in prison on charges relating to her willful failure to file reports of more than $100,000 in cash transactions during her employment with Belgrade State Bank and her theft of funds from that same bank.
Aubuchon, Potosi, Missouri, pled guilty in March to two felony counts of purposefully causing Belgrade Bank to fail to file currency transaction reports, or CTRs, with the Internal Revenue Service, as required by federal law. Aubuchon appeared today in St. Louis for sentencing before United States District Judge Rodney W. Sippel.
The court found that Aubuchon had failed to report, as required by federal law, more than $100,000 in cash transactions between 2009 and 2010, and more than $76,000 of the funds she failed to report were funds she had stolen from Belgrade State Bank. Aubuchon admitted that she failed to report these transactions for the purpose of evading federal laws and regulations. According to court records, Aubuchon’s fraudulent conduct included 67 different transactions at Belgrade State Bank over the course of more than three years and affected more than 20 bank customers. Belgrade State Bank has fully compensated all identified victims for their losses.
The case was investigated by the United States Secret Service and Internal Revenue Service-Criminal Investigation. Assistant United States Attorney Richard E. Finneran and Colleen C. Lang handled the case for the U.S. Attorney’s Office.
Florida Man Charged with Obstructing A Federal Officer or Employee in the Course of Their Duties and with Entering an Airport Area in Violation of Security RequirementsRead the Press Release
Incident Occurred At Louisville International Airport
LOUISVILLE, KY. – An Orange Park, Florida man residing in Louisville, was arrested yesterday at Louisville International Airport and charged by criminal complaint with Resisting, Opposing, Impeding, and Obstructing a Federal Officer or Employee in the course of their duties, and one count of Entering Airport Area in Violation of Security Requirements announced U.S. Attorney John E. Kuhn, Jr.
According to the complaint, at approximately 2:20 p.m. yesterday, David Harold Patton, age 36, allegedly fled from a checkpoint screening area and into a sterile area (the terminals) causing a security breach. He was immediately apprehended and arrested by Louisville Regional Airport Authority Public Safety Officers (LRAAPSO).
Specifically, Patton was issued a gate pass in order to escort his grandmother to her flight gate. During the screening process by Transportation Safety Administration (TSA) security personnel, Patton was asked to remove items from his pocket. At this point, TSA security personnel report that Patton ran from the screening area. He was stopped by the LRAAPSO and escorted out of the gate area.
Further, at the checkpoint, a TSA security screener allegedly witnessed Patton consume an item and discard another before fleeing. LRAAPSO immediately obtained the discarded item and discovered a small package of what was later identified as heroin. During a subsequent FBI interview, Patton allegedly admitted that he attempted to leave the check point before passing through the scanner because he knew he had drugs in his pocket. Patton has been charged in state court with Possession of Heroin along with other related charges, and is being held in custody at the Louisville Metropolitan Corrections facilities.
A federal arrest warrant has been issued for Patton and he will appear before a United States Magistrate Judge once his state court charges have been resolved.
This case is being prosecuted by Assistant United States Attorney Daniel P. Kinnicutt and is being investigated by the FBI and TSA.
***
The charge of a person by criminal complaint is an accusation only and that person is presumed innocent until and unless proven guilty.
Final Defendant Sentenced in Three-Year Drug ConspiracyRead the Press Release
CORPUS CHRISTI, Texas – The last man involved in a massive marijuana distribution organization has been sentenced to federal prison, announced U.S. Attorney Kenneth Magidson. Ricardo Jason Villeza, 41, is the last of eight defendants sentenced for their respective roles in the conspiracy. All men had previously entered guilty pleas in the case.
Today, U.S. District Judge Marina Garcia Marmolejo ordered Villeza, of Encino, California, to serve 28 months in federal prison to be immediately followed by a three-year-term of supervised release. The leader of the conspiracy, Arnulfo Molina Jr., 41, of Carrollton, was sentenced last month to 108 months in federal prison and five years of supervised release. At that hearing, the court found Molina responsible for nearly 1,000 kilograms of marijuana.
Testimony at the various sentencing hearings revealed the extent of the smuggling conspiracy, which was in existence from 2009-2012. Authorities began to dismantle the organization after a after a lone driver, Neal Douglas Head, 25, of Fort Worth, came into the Falfurrias Border Patrol checkpoint with 70 pounds of marihuana hidden in his truck’s gas tank. After his arrest, agents discovered numerous marijuana seizures at the Falfurrias and Sarita checkpoints in which the drugs were hidden in a similar manner. Head received a sentence of 21 months in federal prison.
Eventually, five more drivers were charged and convicted, including Villeza. Steven Alan Thomas, 56, of Garland, received a 60-month sentence, while William Edward Brooks, 58, of Midlothian, Terry Lynn Riley, 58, of Granbury, and Stephen Kaluzny, 51, of Carrollton, received respective sentences of 62, 12, and 20 months.
Travis Cory Davis, 31, of Granbury, recruited many of the drivers and distributed the marijuana along with Molina. He was sentenced in 2013 to a total of 108 months in prison followed by a five-year term of supervised release.
All defendants have been and will remain in custody pending transfer to U.S. Bureau of Prisons facilities to be determined in the near future.
This charges were the result of a joint investigation by the Drug Enforcement Administration and the Kleberg County Sheriff’s Office. Assistant U.S. Attorney Michael Hess prosecuted the case.
Federal Jury Convicts Dallas Man on Conspiracy and Kidnapping ChargesRead the Press Release
DALLAS — Following a nearly two-week trial, a federal jury has convicted a Dallas man on felony offenses stemming from the May 2012 kidnapping of a female victim whom he planned to sell into sex slavery, announced John Parker, U.S. Attorney for the Northern District of Texas.
Steric Paul Mitchell, 45, was convicted on one count of conspiracy to commit kidnapping and one count of kidnapping. Mitchell’s coconspirator in the case, Gregory Steven Hunt, aka “K.C.,” 43, pleaded guilty in April 2015 to one count of kidnapping. The conspiracy count and the kidnapping count each carry a maximum statutory penalty of life in federal prison and a $250,000 fine. Mitchell is scheduled to be sentenced by U.S. District Judge Sam A. Lindsay on December 14, 2015; Hunt is scheduled to be sentenced on October 5, 2015.
According to evidence presented at Mitchell’s trial and documents filed in the case, Mitchell and Hunt knew each other from the neighborhood, and in early May 2012, Mitchell hired Hunt to pick up the victim at a hotel and transport her to another location under the ruse that Hunt was taking her to a private party. In fact, Hunt and Mitchell planned to kidnap and sexually assault her. Hunt was also supposed to pay another woman, R.E., $100 when he picked up the victim from the motel, and Hunt understood he would get to have sex with the victim as part of the agreement.
R.E. told the victim that she had a “good friend” who wanted to hire a private dancer for a party and that the men were “safe.” At a Dallas hotel, R.E. introduces the victim to Hunt, who pays R.E. the $100 and then drives the victim to an abandoned house in Dallas where Mitchell was waiting.
At the abandoned house, Mitchell threatened the victim with a firearm and shocked her with a Taser to frighten and restrain her. Hunt then raped her while Mitchell stood guard with a firearm. Mitchell then shocked her again with a Taser, bound her ankles and wrists, wrapped her in a bed sheet, carried her to another motor vehicle, and put her in the backseat. He then drove the victim to a second location, tied her to a chair, raped her, and told her he planned to sell her into sexual slavery. He held her overnight at that location. Later, he wrapped her in a bed sheet again, put her in the backseat of a vehicle, and drove her to a house in Duncanville, Texas, where he sexually assaulted her. At this third location, the victim was able to locate a cell phone and place four 911 calls; officers with the Duncanville Police Department found and rescued her.
The FBI and the Duncanville Police Department investigated. Assistant U.S. Attorneys Cara Pierce, Taly Haffar and Andrew Wirmani prosecuted.
# # #
Federal Correctional Officer Pleads Guilty to Bribery ChargeRead the Press Release
RICHMOND, Va. – A federal prison guard in Petersburg, Virginia pleaded guilty yesterday to accepting bribes in exchange for smuggling cigarettes to inmates.
Jermaine Brown, 37, of Chesterfield, Virginia, pleaded guilty to one count of bribery of a public official. In a statement of facts filed with the plea agreement, Brown admitted that he accepted bribes in exchange for providing contraband cigarettes to inmates while he was employed as a correctional officer at Federal Correctional Institute–Petersburg. After providing the contraband cigarettes, Brown instructed the inmates to have their friends or family members wire transfer money to a known associate of Brown.
On or about February 10, 2011, Brown’s associate picked up two Western Union wire transfers totaling $1,450 sent by or on behalf of the inmates, and the associate delivered the money to Brown as a bribe for providing contraband cigarettes to inmates at FCI Petersburg. As part of his plea, Brown agreed that he received and accepted a total of $3,050 in bribes from federal inmates.
As a result of his conduct, Brown will be terminated from his employment as a federal correctional officer. Brown faces a maximum penalty of 15 years in prison when he is sentenced on November 19, 2015. 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; Adam S. Lee, Special Agent in Charge of the FBI’s Richmond Field Office; and Michael Tompkins, Special Agent in Charge of the Department of Justice Office of the Inspector General’s Washington Field Office, made the announcement after the plea was accepted by U.S. District Judge M. Hannah Lauck.
This case was investigated by the Department of Justice Office of Inspector General and the FBI’s Richmond Field Office. Assistant U.S. Attorneys Erik S. Siebert and Michael C. Moore are prosecuting the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:15-cr-93.
Ex-Marine Convicted in Sexual Assault of Another Marine on Camp PendletonRead the Press Release
For Further Information, Contact:
Assistant U.S. Attorneys Kathleen J. O’Hara (619) 546-7945 or
Michelle M. Pettit (619) 546-7972
SAN DIEGO – A former Marine was convicted by a federal jury yesterday of sneaking into the Camp Pendleton apartment of a female Marine he did not know and sexually assaulting her as she slept.
Pedro Javier Orellana, 24, was convicted of one count of sexual abuse of an incapacitated victim following a three-day trial. The jury deliberate for one day. The defendant, who had been released on bond with GPS monitoring since his arrest in March, 2015, was immediately taken into custody upon conviction. U.S. District Judge Larry Alan Burns scheduled sentencing for November 30, 2015.
According to evidence presented at trial, after the sexual assault, Orellana went to a neighbor’s house where he hid and the victim reported it to her friends. The Naval Criminal Investigative Service tracked Orellana down approximately five days later in Vista, California. He admitted to NCIS and to the jury at trial that he had only seen the victim in passing twice, that he did not know her name, and that he had never had a conversation with her.
Despite that fact, he walked into the apartment without knocking, looked for her on the couch, and then walked into a dark bedroom, where she lay asleep on top of the bed. When he spoke to NCIS, Defendant used the words “deep sleep,” “unconscious,” and “too drunk to know what was going on” to describe the victim’s state. Orellana also stated that he had received training as a former Marine regarding sexual assault prevention, and he knew that alcohol impaired a person’s ability to consent to sex.
“It is important for the security of our community and our military installations to pursue justice for sexual assault victims,” said U.S. Attorney Laura Duffy. “We will continue to support our NCIS partners to aggressively investigate and prosecute crimes on federal property, particularly when service members are victimized.”
DEFENDANT
Pedro Javier Orellana Age: 24 Laurel, MD
SUMMARY OF CHARGES
18 U.S.C. § 2242(2) – Sexual Abuse- Incapacitated Victim (Maximum Life Sentence)
AGENCY
Naval Criminal Investigative Service
Ex-Employee of SIUE Sentenced for Lying to Federal AgentsRead the Press Release
Kwa Mister, 38, from Fairview Heights, Illinois, received a sentence of three years of probation, a fine of $2,500, and a $200 special assessment as a result of his conviction of two counts of Making A False Statement to the United States Department of Transportation, Office of Inspector General and the U. S. Department of Labor, Office of Labor Racketeering and Fraud Investigations, Stephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced today. "Simply put," United States Attorney Wigginton noted, "there is no right to lie to federal agents conducting an investigation."
The Illinois Department of Transportation entered into an intergovernmental agreement with Southern Illinois University at Edwardsville (SIU-E) to be the fiscal agent for the Highway Construction Preparatory Training Program. Kwa Mister was the Director/Project Manager at the Small Business Development Center at SIU-E and served as the project manager for the Highway Construction Preparatory Training Program. Other facts revealed in Court showed that an investigation and an audit revealed that Kwa Mister obtained five contracts between SIU-E and Phoenix Support Services for Phoenix Support Services to purportedly serve as an independent consultant to assist with the training program, but that from March 2010 through January 2011, an audit discovered five Purchase Orders, five Contracts, and at least four Justification for Sole Source Purchase or Contract forms concerning the procurement of services from "L. A. S" [name removed]., Director, d/b/a Phoenix Support Services. The procurement of these contracts with Phoenix Support Services was initiated by the Program Manager for the Highway Construction Preparatory Training Program, Kwa Mister. Kwa Mister procured the services of his mother, L. A. S., for sole source contracts and concealed the family relationship and the potential conflict of interest from SIU-E. When the propriety of the contracts with Phoenix Support Services was under investigation by SIU-E, Kwa Mister lied to SIU-E as to whether the owner of Phoenix Support Services was his mother. Kwa Mister was charged with lying to federal agents concerning whether he provided false information to SIU-E.
The successful prosecution is the result of an investigation conducted by the United States Department of Transportation, Office of Inspector General, the U. S. Department of Labor, Office of Labor Racketeering and Fraud Investigations and the Federal Bureau of Investigation with the assistance of Southern Illinois University and the Office of Executive Inspector General for the Agencies of the Illinois Governor. The prosecution of the case was handled by Assistant U.S. Attorney Norman R. Smith.
Ex-Employee of Postal Service Indicted for FraudRead the Press Release
Ashton Luck, 29, of South Roxana, Illinois, was indicted for one count of workers compensation fraud and five additional counts of making false statements, Stephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced today. If convicted, Luck faces up to thirty years in prison, a $250,000 fine, up to three years supervised, plus mandatory restitution. The indictment alleges that Luck worked for the U.S. Postal service as a mail carrier for the East Alton Post Office and while in her position she submitted a fraudulent workers compensation claim for a purported on-the-job injury. The indictment also alleges that she submitted a number of false leave slips, fabricated a doctor's note and falsified hospital records in support of claimed emergency and sick leave.
An indictment is a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge until proved guilty beyond a reasonable doubt to the satisfaction of a jury.
The indictment is the result of an investigation conducted by the United States Postal Inspection Service, Office of Inspector General. The prosecution of the case is being handled by Assistant U.S. Attorney Norman R. Smith.
Ex-Employee of Department of Veteran's Affairs Indicted for Embezzling Veteran and Survivor BenefitsRead the Press Release
Terrence Starks, 37, from Bunker Hill, Illinois, was indicted by a federal grand jury for wire fraud and aggravated identity theft, Stephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced today. If convicted, Starks faces up to twenty years in prison, a $250,000 fine, and up to three years supervised release on the wire fraud count and a mandatory consecutive two year prison sentence for the aggravated identity theft count.
The indictment alleges that Starks worked for the U.S. Department of Veteran's Affairs and in his position he accessed the U.S. Department of Veteran's Affairs computerized software system for the payment and distribution of benefits. That database contained names, Social Security numbers, dates of birth, and bank account information, among other information. The indictment alleges that Starks fraudulently changed the routing number and account number of veteran recipient's benefits to an account controlled by Starks through his girlfriend, thereby misrepresenting to the U.S. Department of Veteran's Affairs that the veteran or survivor was still receiving the benefits.
An indictment is a formal charge against a defendant. A defendant is presumed innocent of that charge until proven guilty beyond a reasonable doubt.
The indictment is the result of an investigation conducted by the United States Department of Veterans Affairs, Office of Inspector General. The prosecution of the case is being handled by Assistant United States Attorney Norman R. Smith.
East Bay Residents Plead Guilty to Tax Fraud ConspiracyRead the Press Release
OAKLAND – Cassandra Tompkins, Cordia Spearman, and Damien Mitchell pleaded guilty in federal court in San Francisco yesterday to conspiracy to file false federal tax returns, announced United States Attorney Melinda Haag and Internal Revenue Service, Criminal Investigation, Acting Special Agent in Charge Thomas McMahon.
Tompkins, 48, of Oakland; Spearman, 46, of Vacaville; and Mitchell, 52, of El Sobrante, were all charged on January 15, 2015, along with a fourth defendant, in a thirteen count federal indictment with conspiracy to file false claims. In pleading guilty, Tompkins, Spearman, and Mitchell admitted that between January 15, 2011, and May 15, 2012, they obtained and used personal identifying information to prepare and file 219 false federal income tax returns with the IRS. Tompkins admitted using the names and social security numbers of individuals to claim $678,426 in tax refunds, of which $287,498 was actually paid by the IRS. Tompkins further admitted she maintained notebooks that listed the names and other personal identifying information for some of the taxpayers, along with falseW-2s that she filed with the IRS. Tompkins, Spearman, and Mitchell each admitted they knew the tax returns were false except for the personal identifying information used to file the returns. All three defendants acknowledged having received a portion of certain tax refunds. Under the plea agreements, Tompkins, Spearman, and Mitchell pleaded guilty to conspiracy to file false claims, in violation of 18 U.S.C § 286.
The sentencing hearing for Tompkins and Spearman is scheduled for December 17, 2015, before The Honorable James Donato, U.S. District Court Judge, in Oakland. The sentencing hearing for Mitchell is not yet scheduled.
The maximum sentence for conspiracy to file false claims is 10 years in prison and a fine of $250,000. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorney Cynthia Stier is prosecuting this case. The prosecution is the result of an investigation by the Internal Revenue Service, Criminal Investigation.
District Woman Sentenced to 24 Years in Prison for Murder of Man at Northwest Washington HotelRead the Press Release
WASHINGTON – Jamyra Gallmon, 21, of Washington, D.C., was sentenced today to 24 years in prison for the Feb. 9, 2015 murder of David Messerschmitt in a robbery at a downtown Washington hotel, announced Acting U.S. Attorney Vincent H. Cohen, Jr. and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
Gallmon pled guilty on May 27, 2015, in the Superior Court of the District of Columbia, to a charge of second-degree murder while armed. The plea, which was contingent upon the Court’s approval, called for a sentence between 18 and 25 years. The Honorable Michael Ryan accepted the plea today and sentenced Gallmon accordingly. Upon completion of her 24-year prison term, Gallmon will be placed on five years of supervised release.
Also today, Judge Ryan sentenced a co-defendant, Dominique Johnson, 19, for her role in events on the day of the crime. Johnson, also of Washington, D.C., pled guilty on May 27, 2015 to a charge of conspiracy to commit robbery. Judge Ryan sentenced Johnson to a year of incarceration, but suspended all but six months of that time on the condition that she successfully complete three years of probation.
“Jamyra Gallmon planned and carried out a cold-hearted scam to trick David Messerschmitt for the purpose of robbing him,” said Acting U.S. Attorney Cohen. “Then she repeatedly stabbed him when he tried to fight back. After leaving Mr. Messerschmitt to die from his wounds, she met up with Dominique Johnson and they rode a bus home together with the proceeds of the crime. The sentences handed down today hold both of them accountable for their callous crimes and hopefully will warn others who are even considering such senseless violence.”
Mr. Messerschmitt, 30, was killed on the evening of Feb. 9, 2015. He was attacked while a guest at the Donovan Hotel, in the 1100 block of 14th Street NW. According to the government’s evidence, Mr. Messerschmitt posted an advertisement earlier that day on Craigslist soliciting responses from other men. Gallmon pretended to be a man interested in meeting Mr. Messerschmitt and responded to his advertisement by e-mail. In fact, however, her true purpose in meeting with him was to rob him of his possessions.
Gallmon and Mr. Messerschmitt arranged to meet at approximately 7:30 p.m. in his hotel room. Gallmon walked into the hotel at 7:44 p.m., concealing her identity by wearing a jacket with a hood up and a covering over the bottom half of her face. She then entered Mr. Messerschmitt’s unlocked room. She attempted to rob him, and, when Mr. Messerschmitt fought back, she stabbed him approximately seven times in his chest, groin area, arm, and back.
During the robbery, Gallmon took Mr. Messerschmitt’s cell phone and SmarTrip Metro card. She then left the room and immediately made her way out of the hotel, once again disguising her identity by wearing a jacket with the hood up.
According to the government’s evidence, Gallmon and Johnson had discussed committing a robbery and traveled together to the hotel on the night of the murder. Johnson subsequently used Mr. Messerschmitt’s SmarTrip card on a near-daily basis for about six weeks.
Gallmon was arrested April 1, 2015 and Johnson was arrested seven days later.
In announcing the sentences, Acting U.S. Attorney Cohen and Chief Lanier commended the work of the detectives, officers, and others who investigated the case from the Metropolitan Police Department (MPD). They also expressed appreciation for the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Marcia Rinker, Paralegal Specialist Vanessa Trent-Valentine, and Assistant U.S. Attorney Sharon Donovan. Finally, they acknowledged the work of Assistant U.S. Attorney Shana L. Fulton, who investigated and prosecuted the case.
Chicago Man Pleads Guilty to Mailing Bomb Threats and Threats of Violence Against Southern Illinois UniversityRead the Press Release
The United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today that Derrick Dawon Burns, 22, of Chicago, Illinois, pled guilty in federal court to four federal charges stemming from a series of bomb threats and threats of violence directed toward Southern Illinois University in Carbondale (SIUC) students, faculty and staff on October 10, 2012, October 15, 2012, December 6, 2012, and October 1, 2013. Three of these letters were entitled "The War on SIU." Each letter was addressed to a combination of the following targets: Southern Illinois University, staff, student, SIU police, and the FBI.
Sentencing is set for December 8, 2015, in the United States District Court in Benton. Each charge of Willfully Making a Bomb Threat carries maximum penalties of ten years in federal prison, three years supervised release, a $250,000 fine and a $100 special assessment. Burns was ordered to remain detained, that is, held without bond, pending sentencing.
The investigation was conducted by the SIUC Department of Public Safety, the Federal Bureau of Investigation, and the United States Postal Inspection Service. Assistance was provided by the Carbondale Police Department, the Illinois Secretary of State Bomb Squad, the Jackson County Sheriff’s Department, and the Illinois State Police. The case is being prosecuted by Assistant U.S. Attorney William E. Coonan.
Cape Coral Couple Indicted for Conspiracy to Steal Government Assistance Funds in New York and FloridaRead the Press Release
Fort Myers, Florida – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Cape Coral residents Ronald R. Raiola, a/k/a Ronald Sambuco (57), and Rose Ann Labarbera (61) with conspiracy to defraud the United States and to commit theft of government funds, and theft of government funds involving the Housing and Urban Development’s (HUD) Housing Choice Voucher (HCV) Program. Raiola is charged with an additional count of theft of government funds in relation to the Social Security Administration’s (SSA) Supplemental Security Income (SSI) Program. The conspiracy charge carries a maximum penalty of 5 years, and each count of theft of government funds carries a maximum penalty of 10 years in federal prison. The indictment also notifies the couple that the United States is seeking a money judgment in the amount of the proceeds of each of the fraud schemes.
Raiola and Labarbera were arrested earlier today and made their initial appearances in federal court in Fort Myers. They were released on bond and Raiola was also ordered to participate in home detention and electronic monitoring.
According to the indictment, Raiola participated in the HCV Program, commonly referred to as “Section 8,” from at least January 1997 until December 2012. He made fraudulent representations concerning his identity, marital status, place of residence, financial status, and ability to engage in gainful employment in order to participate in, and receive housing assistance subsidies through the HCV Program and SSI benefits from the SSA. Raiola is married to and lives with Labarbera. As part of the alleged conspiracy, they concealed their marital status, income, and ownership interests in residential properties in New York and Florida from HUD. Some of these properties were purportedly rented through the HCV Program to Raiola, and rent was paid to Labarbera and to Raiola’s alias by HUD.
An indictment is merely a formal charge that a defendant has violated one or more federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the United States Department of Housing & Urban Development - Office of Inspector General, and the Social Security Administration - Office of Inspector General, with assistance from the Lee County Sherriff’s Office Economic Crimes and Special Operations Units, the City of Fort Myers Housing Authority, the New York City Housing Authority, the United States Postal Inspection Service, and the Cape Coral Police Department. It will be prosecuted by Assistant United States Attorney David G. Lazarus.