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Thursday 13 August 2015
Illinois Man Pleads Guilty to Illegally Trafficking in PaddlefishRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Hinsdale, Ill., man pleaded guilty in federal court today to illegally trafficking in paddlefish caviar after being caught in an undercover operation in the Warsaw, Mo., area.
In support of Missouri’s paddlefish conservation efforts, the U.S. Fish and Wildlife Service and the Missouri Department of Conservation conducted a covert investigation, “Operation Roadhouse,” centered on an area known as the Roadhouse in Warsaw. As part of the covert operation, state and federal officers operated a paddlefish snagging business during the 2011 and 2012 paddlefish seasons. Covert officers also sold paddlefish to people who were interested in buying them.
Fedor Pakhnyuk, 41, of Hinsdale, pleaded guilty before U.S. Magistrate Judge Matt J. Whitworth to trafficking in paddlefish and paddlefish eggs in violation of the Lacey Act.
Pakhnyuk admitted that he traveled to Missouri in April 2010. He spoke with covert agents about the merits of caviar, gave them a sample of caviar that he had made, and explained how he processed paddlefish eggs into caviar in his motel room. Pakhnyuk returned to the Roadhouse in April 2011 and began spending time at the dock area. Covert agents routinely saw him (along with his family members) processing paddlefish at a fish cleaning station behind a motel near the Roadhouse. Covert agents learned that he was making deals with fishermen in which he would take a portion of the eggs for cleaning their paddlefish. In some cases, Pakhnyuk would get all of the eggs for cleaning the fish. Covert agents watched Pakhnyuk process numerous paddlefish under this type of arrangement.
Both before and after leaving Missouri, Pakhnyuk had conversations with covert agents about the possibility of entering into a caviar business together. Pakhnyuk proposed that the covert agents provide him with all of the raw paddlefish eggs they could acquire, and he would process them into caviar and sell them at the markets he knew about in Chicago and Minneapolis. Pakhnyuk proposed that he and the covert agents would split the profits. In support of his plan, Pakhnyuk stated that he had processed 80 quarts of caviar during his time at the Roadhouse and that 72 quarts had already been sold for $15,000. Pakhnyuk claimed that he already had orders for 50 liters of caviar for the following year.
Pakhnyuk returned to the Roadhouse in March and April 2012 and resumed his practice of processing other fishermen’s paddlefish for a share of the processed caviar. During those months he continued to speak with covert agents about going into business together.
On April 29, 2012, Pakhnyuk negotiated with covert agents to purchase frozen paddlefish caviar from them to supplement the caviar he already obtained. Pakhnyuk stated that, in addition to the seven jars of caviar that he bought from the covert agents, he had 36 quarts of caviar from his arrangements with Roadhouse fishermen. The covert agents stated that it was risky to have that much caviar at once, but the defendant assured them that he would sell it without a problem. On April 30, 2012, Pakhnyuk transported approximately 40 jars of processed caviar from Missouri to Illinois.
Under federal statutes, Pakhnyuk is subject to a sentence of up to five years in federal prison without parole, plus a fine up to $250,000. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
The Lacey Act
The Lacey Act is a federal statute which makes it unlawful for any person to import, export, transport, sell, receive, acquire or purchase fish that were taken, possessed, transported or sold in violation of any law or regulation of any state, or to attempt to do so. Such conduct constitutes a felony crime if the defendant knowingly engaged in conduct involving the purchase or sale, offer to purchase or sell, or intent to purchase or sell, fish with a market value in excess of $350, knowing that the fish were taken, possessed, transported or sold in violation of, or in a manner unlawful under, a law or regulation of any state.
Paddlefish Trafficking
The American paddlefish (Polydon spathula), also called the Mississippi paddlefish or the “spoonbill,” is a freshwater fish that is primarily found in the Mississippi River drainage system. Paddlefish eggs are marketed as caviar. Paddlefish were once common in waters throughout the Midwest. However, the global decline in other caviar sources, such as sturgeon, has led to an increased demand for paddlefish caviar. This increased demand has led to over-fishing of paddlefish, and consequent decline of the paddlefish population.
Missouri law prohibits the transportation of paddlefish eggs which have been removed or extracted from a paddlefish carcass. Missouri law also prohibits the sale or purchase, or offer of sale or purchase, of paddlefish eggs. There are also several restrictions on the purchase and possession of whole paddlefish in Missouri.
This case is being prosecuted by Senior Trial Attorney James B. Nelson of the Department of Justice’s Environmental Crimes Section and Assistant U.S. Attorney Lawrence E. Miller of the U.S. Attorney’s Office for the Western District of Missouri. It was investigated by the U.S. Fish and Wildlife Service and the Missouri Department of Conservation, with assistance by the Oklahoma Department of Wildlife Conservation.
Houston Area Business Owner Charged with Defrauding Medicare of $5.6 MillionRead the Press Release
HOUSTON – Three people have been taken into custody on charges contained in a 21-count indictment alleging a conspiracy to defraud Medicare of approximately $5.6 million for various diagnostic tests which were never performed or were not medically necessary, announced U.S. Attorney Kenneth Magidson.
Joy Aneke, 47, her alleged physician assistant, Teodoro Seminario aka Dr. Ted, 48, and the manager of the Jadac Clinic, Maureen Henshall aka Ms. Mo, 59, are all charged with the conspiracy. The indictment also charges the three with health care fraud for filing false claims with Medicare for never-performed or not medically-necessary procedures. Aneke is also charged with two counts of money laundering and three counts of aggravated identity theft as well as health care fraud relating to her operation of a second diagnostic clinic, Almeda Physicians Clinic, and a home health agency, Bona Care.
The indictment was returned under seal July 15, 2015, and unsealed as to each defendant as they were taken into custody. Seminario and Henshall were arrested this morning, while Aneke was taken into custody last night. All are expected to make their initial appearances before U.S. Magistrate Judge Frances Stacy at 2:00 p.m. today.
According to the allegations in the indictment, Aneke, of Richmond, operated Jadac Unique Health Services Inc. as a diagnostic clinic from July 2008 through April 2012 and allegedly billed Medicare for approximately $5.6 million for various diagnostic tests which were never performed or were not medically necessary. Henshall, of Highlands, ran the clinic and paid marketers cash for every Medicare patient they brought to the clinic for alleged testing, according to the indictment. Seminario, of Houston, allegedly worked at the Jadac clinic as an unlicensed Physician’s Assistant known as “Dr. Ted.”
The indictment alleges that Aneke also fraudulently operated Almeda Physicians Clinic and Bona Care. Aneke allegedly received approximately $921,000 in Medicare money from the Bona Care bank account at Bank of America. The indictment further alleges Aneke transferred $100,000 from the Bona Care account to the United Bank of Africa.
According to the charges, Aneke used the personal identification information of a medical doctor without the doctor’s knowledge or permission in her scheme to defraud Medicare through Bona Care Home Health Agency.
Upon conviction, each of the 16 health care fraud counts as well as the underlying conspiracy carries a possible maximum penalty of 10 years in federal prison and a $250,000 fine. Aneke faces another 10 years if convicted of either of the two money laundering charges. In addition, if convicted of aggravated identity theft, Aneke also faces another 24 months for each count of aggravated identity theft which must be served consecutively to any other prison term imposed.
The criminal charges are the result of a joint investigation conducted by Department of Health and Human Services-Office of Inspector General and Homeland Security Investigations. Assistant U.S. Attorney Al Balboni is prosecuting the case.
An indictment is an accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless and until convicted through due process of law.Hoover Man Sentenced to Seven Years in Prison for Ponzi Scheme that Bilked Millions from InvestorsRead the Press Release
BIRMINGHAM -- A federal judge today sentenced a Hoover man to more than seven years in prison for defrauding investors out of more than $3 million through an illegal Ponzi scheme, announced U.S. Attorney Joyce White Vance, FBI Special Agent in Charge Roger C. Stanton, Alabama Securities Commission Director Joseph P. Borg and Hoover Police Chief Nick Derzis.
U.S. District Judge Virginia Emerson Hopkins sentenced BRYAN W. ANDERSON, 41, to seven years and three months in prison for wire fraud, money laundering and securities fraud. Anderson pleaded guilty to the charges in March. In accordance with his plea agreement with the government, the judge also ordered Anderson to pay restitution of almost $3.1 million to the victim investors and to forfeit that same amount to the government as proceeds of illegal activity. Anderson must report to prison Oct. 19
"Brian Anderson ran a Ponzi scheme for years, lying about investment options, risks and potential returns to lure unwitting investors into his snare," Vance said. "Those investors trusted Anderson, and when his Ponzi scheme inevitably crashed down, they lost millions. I am proud of the collaboration among the FBI, Alabama Securities Commission, Hoover Police Department and the U.S. Attorney's Office that, today, brings Anderson to punishment for his crimes," she said.
“Along with our partners, the FBI remains committed to investigating those who hide behind deceptive financial fraud schemes and victimize innocent consumers," Stanton said. "I encourage members of the public to learn ways to protect themselves from fraud at www.stopfraud.gov.”
“While this sentence sends a strong message to Anderson and other con-artists thinking about victimizing Alabamians, nothing will ever make up for the damages caused to victims and their families who lost millions of dollars," said the ASC's Borg. "We appreciate the team effort of all agencies involved and were glad to provide resources to assist in an investigation that led to the prosecution of Anderson.”
“I’m very proud of the role our detectives played in the resolution of this complex investigation," Derzis said. "Our Financial Crimes Unit is continuing to see bigger cases with significant financial losses to victims. In this particular case, we recognized the extent of the fraud committed by Mr. Anderson and contacted the Alabama Securities and Exchange Commission and the FBI," he said. "We continue to have excellent relationships with our law enforcement partners and this case represents what can be accomplished when we work together.”
According to court documents in the case, Anderson conducted his investment scheme as follows between 2009 and May 30, 2014:
During most of that time, Anderson was a registered financial broker working, first, with MetLife Securities, from October 1998 to February 2012, then with Pruco Securities, from February 2012 to Sept. 13, 2012, when Pruco terminated his employment.
As part of his scheme to defraud investors, he solicited them to invest in stock options that he said employed various trading strategies. The stock options he described were not registered securities, and Anderson had no authority to solicit investor money for the funds.
Anderson also offered investments in a company he owned, 360 Properties. Beginning about 2009, Anderson falsely represented to certain 360 Properties investors that their returns would come from leased property income, when there were no leased properties. Some of the investors believed the 360 Properties investments were affiliated with MetLife, and Anderson did nothing to correct that false belief.
Between January 2009 and January 2014, Anderson's false investment promises caused about 18 individual and family investors to deliver more than $8.4 million to Anderson, which he deposited into an account he and his wife held at BancorpSouth, a bank based in Tupelo, Miss. When Anderson's investment scheme collapsed in May 2014, about 12 investors lost about $3.1 million.
Anderson was operating a Ponzi scheme with investor funds, paying returns to existing investors with money from new investors, as well as paying personal expenses. He transferred investor money from one of his and his wife's bank accounts to another, making only a small percentage of the investments he had promised investors.
Anderson pleaded guilty to wire fraud for causing an investor, identified in court documents by the initials K.C., to wire transfer $571,378 from the investor's Wells Fargo bank account to Anderson's BancorpSouth account in the name of 360 Properties on Jan. 15, 2014.
Anderson pleaded guilty to money laundering for taking $368,000 of the $571,378 received from K.C. and, on Jan. 15, transferring it by wire to a second BancorpSouth account. The $571,378 was "criminally derived property" obtained through wire fraud. It is a violation of federal law to engage in a monetary transaction involving money or property worth more than $10,000 that was obtained through a criminal act.
Anderson pleaded guilty to securities fraud for fraudulently obtaining $100,000 from an investor, identified by the initials T.M., on Aug. 20, 2013, by falsely representing that he would invest the money in a specific type of hedge fund. T.M. wired the money from an account at Bryant Bank to one of Anderson's BankcorpSouth accounts and Anderson took the money and used it for non-investment purposes.
The FBI, ASC and the Hoover Police Department investigated the case, which Assistant U.S. Attorney Pat Meadows prosecuted.
Honduran National Sentenced for Illegal ReentryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that DANIEL FIGUEROA-MUNGUIA, age 30, a citizen of Honduras, was sentenced today after previously pleading guilty to a one-count Bill of Information charging him with illegal reentry into the United States.
U.S. District Judge Nannette Jolivette Brown sentenced FIGUEROA-MUNGUIA to time served and a $100 special assessment. FIGUEROA-MUNGUIA will be surrendered to the custody of the U.S. Immigration and Customs Enforcement for removal proceedings.
According to the court documents, March 30, 2015, FIGUEROA-MUNGUIA was found in the United States after having been deported on April 29, 2011.
U.S. Attorney Polite praised the work of the Department of Homeland Security in investigating this matter. Assistant United States Attorney Emily K. Greenfield was in charge of the prosecution.
Harrisburg Man Pleads Guilty to Defrauding the IRS of $337,000Read the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Hung Danh, age 55, of Harrisburg, Pennsylvania, pled guilty to conspiracy to evade $337,000 in employment taxes in connection with his operation of an employee leasing business known as HD Staffing. The guilty plea was accepted by U.S. District Court Judge John E. Jones, III and sentencing was scheduled for January 2016.
According to U.S. Attorney Peter Smith, Danh helped operate an employee leasing business between 2009 and 2010, known as HD Staffing. HD Staffing provided laborers to various businesses throughout the Harrisburg area and failed to withhold payroll taxes from the laborers’ wages.
Employers are required to withhold income taxes from employee wages based on the number of allowances on the employees’ W-4 Form. Employers are also required to withhold FICA taxes from their employees’ wages at the FICA tax rate and remit those payments, along with the employee’s matching FICA tax, when they file their Employer’s Quarterly Federal Income Tax Return-Form 941.
Danh admitted he conspired with two other previously convicted individuals to evade these employment taxes for HD Staffing. Danh was indicted in July 2014 along with two other individuals and remained a fugitive until he was detained by U.S. Customs authorities entering the country on July 12, 2015 at JFK airport.
On March 23, 2015, Vanny Son, age 34, of Harrisburg, was sentenced to 37 months’ imprisonment and ordered to pay $682,897 in restitution to the IRS for his role in the conspiracy. On March 24, 2015, Son Thach, age 56, of Harrisburg, was sentenced to one month imprisonment and ordered to pay $682,897 in restitution to the IRS for his role in the conspiracy.
The case was investigated by the Criminal Investigation Division of the IRS and is assigned to Assistant United States Attorney Bruce Brandler, Chief of the Criminal Division.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is five years imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Hamburg Man Pleads Guilty to Wire Fraud and Tax Evasion in Connection with Investment Fraud SchemeRead 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 Christopher F. Venti, 46, of Hamburg, N.Y., pleaded guilty to wire fraud and tax evasion before U.S. District Judge Elizabeth Wolford. The wire fraud charge carries a maximum penalty of 20 years in prison and a $250,000 fine. The tax evasion charge carries a maximum possible sentence of 5 years in prison and a $250,000 fine.Assistant U.S. Attorney MaryEllen Kresse, who is handling the case, stated that the defendant pled guilty to devising and executing schemes to defraud and to obtain money from individuals by misrepresenting the existence and success of investment opportunities in order to convince these victims to transfer funds to him or to bank accounts he controlled. The defendant admitted engaging in three separate investment schemes between May 2011 and February 2014 as a result of which investors were defrauded of approximately $7.7 million. The defendant, without the authorization of the investors, utilized a portion of these investor funds for personal use.
The defendant also admitted that between 2006 and 2012, he filed Individual Income Tax Returns with the Internal Revenue Service on which he willfully evaded the payment of approximately $216,000 in taxes due and owing on the income reported on such returns.
The plea is the result of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Brian P. Boetig, and by Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Acting Special Agent in Charge Shantelle Kitchen.
Sentencing is scheduled for December 9, 2015 at 10:00 a.m. before Judge Wolford.Green Pleads Guilty to Selling Cocaine Base in LackawannaRead 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 Edward Green, 28, of Buffalo, N.Y., pleaded guilty to possession with intent to distribute and distribution of cocaine base within 1,000 feet of public housing property, before Magistrate Judge Leslie G. Foschio. The charge carries a mandatory minimum term of 1 year in prison and the maximum possible sentence of 40 years in prison, a fine of $2,000,000, a mandatory $100 special assessment and a term of supervised release of 6 years up to life.Assistant U.S. Attorney Edward H. White, who is handling the case, stated that on August 18, 2014, the defendant sold approximately 3 grams of cocaine base, a Schedule II controlled substance, to a confidential informant working with officers of the Lackawanna Police Department (LPD). The controlled purchase, observed by the LPD officers occurred within 1,000 feet of the Baker Homes Housing Project in Lackawanna, New York. On August 19, 2014, the defendant sold approximately 2 grams of cocaine base, a Schedule II controlled substance, to a confidential informant working with the LPD officers. The controlled purchase, observed by the LPD officers, occurred in the vicinity of Bethlehem Street in Lackawanna, New York.
The plea is the result of the culmination of an investigation by: Special Agents of the Federal Bureau of Investigation, under the direction of Brian Boetig; Special Agents of the Drug Enforcement Administration, under the direction of Michelle Spahn, Resident Agent in Charge; Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Steven Dickey, Resident Agent in Charge; and the Lackawanna Police Department, under the direction of James L. Michel, Chief of Police.
Sentencing is scheduled to be set by Judge Skretny.
Fugitive Wanted on Tax Charges Is CapturedRead the Press Release
Carmen Basilis, a fugitive and owner of Basilis Tax Services, of Allentown, PA, was arrested this morning on a 58-count indictment charging tax violations, announced United States Attorney Zane David Memeger. Basilis had been a fugitive since her indictment on September 27, 2011. She is charged with willfully aiding and assisting in the preparation and filing of false federal income tax returns. According to the indictment, Basilis prepared materially false federal income tax returns for tax years 2005 through 2008 by inflating expenses, deductions and dependency exemptions on the tax returns which caused the filers to receive tax refunds in amounts greater than they were entitled to receive.
An initial appearance was held today in Allentown. Basilis remains in custody pending an August 17, 2015 detention hearing. If convicted of all charges, Basilis faces a statutory maximum of 174 years in prison, a fine of $14.5 million, a special assessment of $5,800, and one year of supervised release.
The case was investigated by Internal Revenue Service Criminal Investigations and the United States Department of Labor. It is being prosecuted by Assistant United States Attorney Floyd J. Miller.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Frederick Man Indicted for Alleged Firebombings of Loudoun County Probation OfficeRead the Press Release
ALEXANDRIA, Va. – Jonathan Ernesto Godoy, 25, of Frederick, Maryland, was indicted by a federal grand jury today on charges relating to his alleged involvement in two firebombings of the Loudoun County Department of Community Corrections (DCC) building. The charges include arson affecting interstate commerce, conspiracy to commit arson, attempted arson, possession of an unregistered destructive device, and the use and carry of a destructive device during or in relation to a crime of violence.
According to court documents, Godoy was serving a one year term of supervised probation through DCC. While on probation, Godoy tested positive for continued drug use and was told that his violations could result in him being sent to prison. In addition to submitted “dirty” urine samples, Godoy also missed scheduled drug testing and probation appointments. In an effort to avoid violating his probation and being sent to jail, Godoy devised a plan to destroy DCC through the use of destructive devices—gasoline filled bottles with cotton wicks—commonly referred to as a “Molotov Cocktail.” The indictment alleges that Godoy and a co-conspirator threw Molotov Cocktails at DCC in the early morning hours of Nov. 14, 2012. The fire on that date at the DCC caused serious damage to the building, causing DCC to relocate to another location.
According to the indictment, after the first fire Godoy missed additional appointments with his probation officer in Loudoun and was told to report on Dec. 19, 2012 to provide documentation for the missed appointments. On Dec. 19, 2012, Godoy allegedly attempted to destroy the relocated DCC by throwing a Molotov Cocktail at that location.
Godoy faces a mandatory minimum of 30 years in prison and a maximum penalty of life in prison, if convicted. 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; Linda Hale, Chief Fire Marshal, Loudon County Department of Fire, Rescue, and Emergency Management; and Charles E. Smith, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, made the announcement.
This case was investigated by the Loudoun County Fire Marshal’s Office and the ATF. Assistant U.S. Attorneys Michael Rich and Zach Terwilliger are prosecuting the case, with assistance from the Loudoun County Commonwealth Attorney’s Office.
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-mj-382.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
Franklin County Man Indicted Federally for Production of Child PornographyRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Franklin County man was taken into custody on charges of production, distribution and possession of child pornography.
According to United States Attorney Peter Smith, late yesterday a grand jury in Harrisburg indicted Martin Allen Mentzer, age 44, for allegedly producing child pornography in his home by using a 13 year old boy to engage in sexually explicit conduct for the purpose of producing the visual depictions of the activity. The conduct allegedly took place during a period beginning in October 2014.
This case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Daryl F. Bloom.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 60 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Four Individuals Indicted on Drug Trafficking ChargesRead the Press Release
BOSTON – Four individuals involved in a Lawrence-based fentanyl, heroin, and cocaine trafficking organization were indicted yesterday in U.S. District Court in Boston.
Jerri Martinez-Tejeda, 31, of Lawrence; Yoelly Carmenatty, 27, of Lawrence; Joel Jahamal Rougeau, 41, of Texas; and Lily Solis, 28, of Texas; were indicted on one count of conspiracy to possess with intent to distribute and to distribute fentanyl, heroin, and cocaine. In July 2015, the defendants were initially charged in a criminal complaint.
According to court documents, in March 2014, an investigation into a drug trafficking organization operating in Massachusetts led law enforcement to Martinez-Tejeda. In late May or early June 2015, Martinez-Tejeda allegedly hired Rougeau and Solis to pick up nine kilograms of narcotics in California and transport them to the Northeast. On June 4, 2015, Oklahoma Highway Patrol intercepted Rougeau and Solis transporting nine kilograms of fentanyl to Martinez-Tejeda and his wife, Carmenatty, in Lawrence for distribution.
Based on evidence gathered from court authorized wire taps, law enforcement officers executed a search warrant at the Lawrence residence of Martinez-Tejeda and Carmenatty on July 12, 2015. During the search, law enforcement officers recovered $511,370 that was in the process of being counted and packaged, two handguns, various items for the processing and packaging of narcotics, and one kilogram of “cut,” a substance used to dilute the purity of heroin or other narcotics prior to sale. Documents such as ledgers that appeared to be part of the drug trafficking operation were also recovered.
The charging statute provides a maximum sentence of lifetime in prison, a lifetime of supervised release, and a fine of $10 million. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Thomas E. Kanwit of Ortiz’s Narcotics and Money Laundering Unit.
The details contained in the indictment are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Woodland Park Residents Found Liable for $884,666.09 in Unpaid U.S. Small Business Administration Loan GuaranteesRead the Press Release
DENVER – U.S. Magistrate Judge Craig Shaffer recently ruled that Robert and Marcia Konczak are liable to the United States in the sum of $884,666.09 arising from SBA loan guarantees that they failed to pay and fees associated with collection efforts, U.S. Attorney John Walsh announced. The Konczaks were sued in March 2014 by the U.S. Attorney’s Office on behalf of SBA for their outstanding debt, after the SBA and the Department of Treasury did not succeed in their attempts to collect the debt.
According to court documents, in 2003, “Konczak’s Koncepts,” a Woodland Park restaurant company run by the Konczaks, obtained a $684,000 loan from the SBA under its “504 loan program.” Under that program, the United States, acting through the SBA, guaranteed 100 percent of the Konczaks’ debt through a debenture. As part of the loan terms, the Konczaks also guaranteed the loan, making them personally liable for the debt. When Konczak’s Koncepts failed in 2007, it also defaulted on its obligation to repay the loan. The SBA then honored its debenture and paid the loan off, assumed the debt, and attempted to recover on the Konczaks’ guarantees.
But the Konczaks refused to pay. After several years of unsuccessful collection efforts, the SBA referred the matter to the U.S. Attorney’s Office for enforcement. After a trial, U.S. Magistrate Judge Shaffer ruled that the Konczaks are liable for the full amount of the loan guarantees, plus other mandatory statutory fees resulting from the SBA and Department of the Treasury’s collection efforts.
This case was handled by Assistant U.S. Attorneys Juan G. Villaseñor and Elizabeth M. Froehlke of the office’s Civil Division.
Former Army Pharmacy Specialist Pleads Guilty to Stealing Drugs from Walter Reed HospitalRead the Press Release
Greenbelt, Maryland – Lamelle Marquez Malone, age 35, of Las Vegas, Nevada, formerly of Columbia, Maryland, pleaded guilty today to conspiring to steal prescription drugs from a military hospital and to interstate transportation of stolen property.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Robert Craig of the Defense Criminal Investigative Service - Mid‑Atlantic Field Office; and Special Agent in Charge Antoinette V. Henry of the U.S. Food & Drug Administration, Office of Criminal Investigations.
Malone admitted that from April 8, 2011 through August 2012, he conspired with Roger Gurdon, and others to steal Somatropin, a form of human growth hormone, from the pharmacy located at the former Walter Reed Medical Center in Washington, D.C. Malone and his co-conspirators re-sold the stolen pharmaceuticals for profit.
Gurdon was a pharmacy technician at Walter Reed. Between January 2008 and the fall of 2011, Gurdon stole Somatropin from Walter Reed and sold it to a co-conspirator. When Gurdon traveled out of the country in April 2011, he arranged for the co-conspirator to obtain Somatropin from Malone, who was an enlisted member of the Army and worked as a pharmacy specialist at Walter Reed. Malone distributed stolen Somatropin to the co-conspirator from April until August 2011, when Walter Reed was closed. Malone paid a pharmacy technician at Walter Reed to order the Somatropin which Malone stole, and paid the non-commissioned officer who was in charge of the pharmacy to ignore the fact that Malone was stealing Somatropin. Malone transported the stolen Somatropin from Walter Reed to his home in Columbia, and to College Park, Maryland to distribute the Somatropin to the co-conspirator.
During the period that Malone was involved in the conspiracy, the government contends that he and his co-conspirators stole over $2 million worth of Somatropin from the Walter Reed pharmacy. Gurdon admitted that the total loss to the United States over the course of the entire conspiracy was at least $4,467,000.
U.S. District Judge Paul W. Grimm has scheduled sentencing for Malone on November 24, 2015 at 9:30 a.m.
Roger Gurdon, age 43, of Waldorf, Maryland, pleaded guilty to his role in the conspiracy and was sentenced to 78 months in prison, and was ordered to pay restitution of $4,467,000. Another conspirator, Issa Wasco Koroma, age 63, of Springdale, Maryland was sentenced to five years in prison for conspiring to steal prescription drugs from two federal military hospitals.
United States Attorney Rod J. Rosenstein praised the DCIS and FDA-OCI for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney Mara Zusman Greenberg, who is prosecuting the case.
Florida Investment Advisor Pleads Guilty to Orchestrating $9 Million Investment Fraud SchemeRead the Press Release
A Tampa, Florida, area investment advisor pleaded guilty today to perpetrating a $9 million investment fraud scheme involving Facebook stock.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney A. Lee Bentley III of the Middle District of Florida, Special Agent in Charge Paul Wysopal of the FBI’s Tampa Field Office and Inspector in Charge Ronald J. Verrochio of the U.S. Postal Inspection Service (USPIS) Miami Division made the announcement.
Gignesh Movalia, 40, of Tampa, a registered investment advisor, pleaded guilty before U.S. Magistrate Judge Anthony E. Porcelli of the Middle District of Florida to one count of investment advisor fraud. Sentencing will be scheduled at a later date.
Movalia was the founder and manager of OM Global Investment Fund LLC (the OM Global Fund), an investment fund formed in 2009. According to admissions made in connection with his guilty plea, beginning in or about 2011, Movalia began soliciting investments for the OM Global Fund by, among other methods, touting access to pre-initial public offering (IPO) shares of Facebook Inc. Movalia admitted that, by the end of 2012, he had raised more than $15 million for the OM Global Fund, and that more than $9 million of the amount raised was for “side pocket” investments, which Movalia represented were to be used exclusively for purchasing of Facebook shares.
Movalia further admitted that, contrary to these representations and unknown to “side pocket” investors, he used funds designated exclusively for the purchase of Facebook shares for other investments, which he concealed from the investors. He also admitted that he made material misrepresentations and omissions to investors in order to mislead them about the nature and value of their investments in the OM Global Fund. The OM Global Fund lost approximately $9 million before it went into receivership in September 2013.
The case is being investigated by the FBI and USPIS, with assistance provided by the U.S. Securities and Exchange Commission’s Miami Regional Office. The case is being prosecuted by Trial Attorney Andrew H. Warren of the Criminal Division’s Fraud Section.
Movalia Plea Agreement
Felon Convicted in Federal Court of Unlawfully Possessing FirearmRead the Press Release
POCATELLO - Frank Lewis White, 55, of Great Falls, Montana, was convicted yesterday by a federal jury in Pocatello of unlawful possession of a firearm, U.S. Attorney Wendy J. Olson announced.
During the three-day trial, the jury heard evidence that when White was pulled over and arrested on October 4, 2014, in Idaho Falls, Idaho, for outstanding warrants, he had under his seat a loaded handgun. Upon being instructed to exit his car, White told officers the gun was under his seat. According to trial testimony, the gun had been in White’s car since the day before, when White had driven another individual to a pawn shop to retrieve the gun.
White faces up to 10 years in prison, a maximum fine of $250,000.00, and up to three years of supervised release.
Sentencing is set for November 2, 2015, before U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
The case was investigated by Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Idaho Falls Police Department, and the Ada County Sheriff’s Office Laboratory.
The case was prosecuted as part of Idaho’s Project Safe Neighborhoods Program, which seeks to reduce gun violence in Idaho.
Federal inmate pleads guilty to escapeRead the Press Release
Beckley, W.Va. – United States Attorney Booth Goodwin announced that a female inmate pled guilty yesterday in federal court in Beckley to escaping from a federal correctional facility. Patricia Alfieri, 54, admitted that she escaped from the Federal Prison Camp at Alderson, a federal prison for women, on June 18, 2015. Alfieri was captured in Lewisburg on June 28, 2015. At the time of her escape, Alfieri was serving a 41-month sentence imposed by a federal court in New York for mail fraud and making a false tax return. As a result of her escape, Alfieri faces up to five additional years in prison when she is sentenced on November 18, 2015.
This case was investigated by the United States Marshal Service and the Federal Bureau of Prisons. Assistant United States Attorney John File is handling the prosecution.
Federal Jury Convicts Kurbanov on Terrorism ChargesRead the Press Release
BOISE – A federal jury in the District of Idaho returned guilty verdicts today against Fazliddin Kurbanov, 33, on charges that he conspired and attempted to provide material support to a designated foreign terrorist organization and possessed an unregistered destructive device. The jury found the defendant not guilty on two other charges.
Assistant Attorney General for National Security John Carlin and U.S. Attorney Wendy J. Olson of the District of Idaho made the announcement.
Kurbanov’s conviction followed a 20-day trial before Senior U.S. District Court Judge Edward J. Lodge of the District of Idaho. The jury deliberated two days before reaching its verdict.
“Fazliddin Kurbanov conspired to provide material support to the Islamic Movement of Uzebekistan and procured bomb-making materials in the interest of perpetrating a terrorist attack on American soil,” said Assistant Attorney General Carlin. “Thanks to the tremendous efforts of the law enforcement community and its partners, the threat posed by Kurbanov was disrupted and he will now be held accountable for his crimes. The National Security Division’s highest priority is counterterrorism and we will continue to pursue justice against those who provide material support to foreign terrorist organizations and seek to do harm to our country and our citizens.”
“Today’s verdict sends the clear message that where individuals intend to pursue acts of terrorism against the United States – whether in Boise, Idaho, or any other community – they will be brought to justice,” said U.S. Attorney Olson. “Protecting our communities from terrorist activity is the number one priority of this office and of the entire Department of Justice. I commend the men and women at every level of law enforcement, including the FBI, the Department of Homeland Security, Homeland Security Investigations, Ada County and Canyon County Sheriff’s Offices and the Boise City Police Department, who assisted in this effort.”
“The investigation and subsequent trial of Fazliddin Kurbanov represent over three years of unrelenting effort by the FBI Southern Idaho Joint Terrorism Task Force, the U.S. Attorney’s Office for the District of Idaho, the Department of Homeland Security, the Ada County Sheriff’s Office, the Boise Police Department, and others. I commend the sustained dedication and commitment of all those involved in this endeavor, which have now resulted in the conviction of Mr. Kurbanov for multiple federal terrorism crimes. The Treasure Valley is a safer place as a result of this investigation and prosecution. Protecting the security of our Nation and its citizens is the FBI’s highest priority,” said Eric Barnhart, Special Agent in Charge, Salt Lake City Division.
According to evidence presented at trial:
Between the summer of 2012 and his arrest in May 2013, Kurbanov, an Uzbek national living in Boise, communicated by email and Skype with a person or persons operating a website for the Islamic Movement of Uzbekistan (IMU), a designated foreign terrorist organization. Kurbanov discussed with the website administrator his animosity toward Americans, particularly the military; his desire to build a bomb; possible targets in the United States, including military bases in Idaho and Texas – and his need for instruction on how to construct and remotely detonate a bomb. Additionally, Kurbanov searched for and later discussed with an FBI Confidential Human Source targets including military bases in the United States, specifically West Point Military Academy in New York. The website administrator asked the defendant to obtain a specific anti-virus software to protect the IMU’s website and to obtain and provide any amount of money. The defendant contacted his brother, who lived in Kyrgyzstan, about obtaining the anti-virus software and he sent the software to Kurbanov. Shortly before his arrest, the defendant caused an Idaho corporation to open, through which he intended to funnel money to the IMU.
Between at least November 15, 2012, and May 16, 2013, Kurbanov possessed bomb-making components at his Boise apartment, including a hollow hand grenade, a hobby fuse, ammunition containing smokeless powder, tannerite, aluminum powder, potassium nitrate, charcoal, yellow sulfur powder and fertilizer. He purchased these items during the summer and fall of 2012. FBI special agents observed the bomb-making components during a court-authorized search of Kurbanov’s apartment in November 2012 and seized many of the same items during a second court-authorized search in May 2013.
Kurbanov’s activities were closely monitored by federal agents during the investigation and no terrorist attack occurred.
Sentencing is set for November 10, 2015. Kurbanov faces a maximum of 15 years in prison on each of the conspiracy and attempt counts, and 10 years in prison for possession of an unregistered destructive device.
In addition, Kurbanov faces a separate one-count indictment in federal court in Utah alleging that from about January 14, 2013, continuing through January 24, 2013, he taught and demonstrated how to make explosive devices, and distributed information relating to the manufacture and use of an explosive or weapon of mass destruction. His alleged intent was that the teaching, demonstration and information be used for, and in furtherance of, an activity that would constitute a federal crime of violence. The Utah indictment was returned in May 2013, at the same time as the Idaho indictment.
The case was investigated by the FBI’s Joint Terrorism Task Force with assistance from the Boise Police Department, the Department of Homeland Security, Immigration and Customs Enforcement’s Homeland Security Investigations, the Ada County, Idaho, Sheriff’s Office and the Canyon County, Idaho, Sheriff’s Office.
The case is being prosecuted by Assistant U.S. Attorneys Aaron Lucoff and Heather Patricco of the District of Idaho and Trial Attorney Larry Schneider of the National Security Division’s Counterterrorism Section.
Federal Indictments Charge Federal Firearm OffensesRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announces that Indictments charging defendants with federal firearms charges were unsealed today. This action follows early morning arrests of many of these defendants, by a multi-agency group of law enforcement led by Special Agents and Task Force Officers of the Bureau of Alcohol, Tobacco, Firearms & Explosives. The majority of the charges resulted from investigations of illegal firearm possession, which were referred by the Prichard Police Department to the local office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, in cooperation with the Mobile Police Department.
The Indictments charge the majority of the defendants with being a prohibited person in possession of a firearm. In most of the cases the defendants were prohibited from possessing firearms or ammunition by virtue of a prior felony conviction, which is a violation of Title 18 United States Code § 922(g)(1). The statutory maximum penalty provided by law for each of these charges is 10 years imprisonment. However, if a defendant has qualifying prior felony convictions for serious drug offense or crimes of violence, the minimum mandatory sentence is 15 years, up to life imprisonment.
United States Attorney Kenyen Brown offered commendations for the collaborative efforts of the law enforcement agencies. "Today we are witness to the positive effects of cooperation and leadership in our community’s law enforcement agencies. I especially want to recognize the lead role taken by the local office of the Bureau of Alcohol, Tobacco, Firearms & Explosives. It is our mission to offer every bit of assistance available to small communities throughout our District, like the City of Prichard, who are striving to address violent crime, and the effects it has on its citizens."
Prichard Mayor Troy Ephriam said, "We appreciate the relationships and continued support of our county, state and federal law enforcement partners as we continue to make the City of Prichard a safe place to live and work. These agencies clearly want to help. We see this kind of collaborative effort as the path forward and will continue to develop and leverage our relationships to use all of the resources available to us in making our city a safe place to live and work."
Prichard Police Chief Bernard Parrish added, "Our top priority is to protect our citizens and keep the peace in the City of Prichard. It is important for people to know we are serious about enforcing the law and following the orders of the courts. We thank the U.S. Department of Justice, the U.S. Department of Alcohol, Tobacco and Firearms, the U.S. Marshall's Office, Mobile County Sheriff's Office and, of course, our own officers from the Prichard Police Department for this well-planned, targeted effort to make our city safer. Their support and active involvement is invaluable."
Eight men indicted for conspiracy that brought heroin, cocaine and methamphetamine from Mexico to Texas and then ClevelandRead the Press Release
Eight men were indicted for their roles in conspiracy that brought large amounts of heroin, cocaine and methamphetamine from Mexico into Texas and then to the Cleveland area, law enforcement officials said.
Named in the 15-count indictment are: Jose Palacio, 40, of McAllen, Texas; Efren Vega, 47, of Cleveland; Heleodoro Zepeda, 40, of Texas; Hugo Aguilar, 38, of Mission, Texas; Jacobo Banda-Bermudez, 44, of Mexico; William Overdear, 50, of Cleveland; Anthony W. Konicek, 40, of Cleveland, and Abdel Khalil, 44, of North Ridgeville.
Palacio, Zepeda, Aguilar and Banda-Bermudez obtained kilogram quantities of heroin, cocaine and methamphetamine from suppliers in Mexico. Palacio and Zepeda then used family members, friends and vehicles equipped with hidden compartments to ship the drugs across the border into Texas, according to the indictment.
Palacio and Zepeda distributed some of the drugs to Vega in Cleveland. The rest went to suppliers in Houston. This took place in 2014 and 2015, according to the indictment.
Palacio, Zepeda and Aguilar robbed rival drug traffickers of their drugs in McAllen, Texas. They provided anonymous tips to law enforcement so rival drug dealers would be arrested. They also surreptitiously installed GPS tracking devices on their transport vehicles and on the vehicles of some competitors to monitor their movement throughout Mexico and the U.S., according to the indictment.
Once the drugs were in Cleveland, Vega distributed them to other dealers from various locations on the West Side, according to court documents.
“This group is charged with shipping pounds of heroin, cocaine and methamphetamine into Cleveland and laundering hundreds of thousands of dollars,” said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio.
“These eight individuals conspired to bring large amounts of heroin, cocaine and methamphetamines across the Mexico border into Texas and ultimately making its way to Northern Ohio,” said Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland Office. “This wide-ranging investigation is another example of the comprehensive strategy by members of the Northern Ohio Law Enforcement Task Force to target, dismantle, and eliminate the most significant criminal enterprises bringing danger and narcotics to our city.”
"This investigation is an excellent example of collaboration between law enforcement agencies which was instrumental in successfully dismantling a major narcotics smuggling organization in the Cleveland area," said Marlon Miller, special agent in charge of HSI for Michigan and Ohio. "HSI will continue to utilize its broad authorities to aggressively target and take down groups who are distributing narcotics and posing a threat in our communities."
This case is being prosecuted by Assistant U.S. Attorneys Joseph M. Pinjuh and Henry F. DeBaggis following an investigation by Northern Ohio Law Enforcement Task Force and HSI. The NOLETF is a task force comprised of investigators from the Federal Bureau of Investigation, Cleveland Division of Police, Cuyahoga Metropolitan Housing Authority, Drug Enforcement Administration, Internal Revenue Service, Cuyahoga County Sheriff’s Office, Ohio Bureau of Criminal Investigation and the police departments of Cleveland Heights, Euclid, Lakewood, the Regional Transit Authority, Westlake and Shaker Heights.
If convicted, the defendants’ sentences will be determined by the court after a review of the federal sentencing guidelines and factors unique to the case, including the defendant’s prior criminal record (if any), the defendant’s role in the offense and the characteristics of the violation.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Edcouch Woman Gets Nearly 12 Years for Enticing ConvictionRead the Press Release
McALLEN, Texas – Lydia Vasquez, 42, of Edcouch, has been ordered to federal prison following her conviction of enticing an individual to travel in interstate commerce in order to engage in illicit sexual activity, announced U.S. Attorney Kenneth Magidson. She pleaded guilty Dec. 5, 2014.
At the time of her plea, Vasquez admitted that on July 28, 2014, she began communicating with a 45-year-old male, who was later identified as an undercover source, in regards to a minor female relative. Throughout the next few weeks, Vasquez told the individual she wanted him to come to Texas from Michigan in so he could help the minor female relative explore sexually.
Vasquez and the adult male discussed specific acts which would constitute indecency with a child under the Texas Penal Code.
On Aug. 22, 2014, Vasquez went to the McAllen Miller International Airport in order to meet the male whom she believed had traveled from Detroit, Michigan, to McAllen. She was then taken into custody.
Today, U.S. District Judge Micaela Alvarez handed Vasquez a sentence of 140 months in federal prison. In handing down the sentence, Judge Alvarez stated that she needed to protect children from Vasquez; both her own and any child that would come into contact with Vasquez. She will also be required to register as a sex offender and will serve three years of supervised release following completion of his prison term. Judge Alvarez noted that she had listened to the recorded calls between Vasquez and the undercover source and heard the sexual abuse Vasquez had proposed occur. Judge Alvarez noted this is a case that she will never be able to get out of her head.
She will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The investigation leading to the charges was conducted by the FBI.
Assistant U.S. Attorneys Kimberly Ann Leo and Steven Schammel prosecuted the case.
Dubuque Felon Sent to Prison for 135 Months for Possessing a FirearmRead the Press Release
A convicted felon who possessed a firearm in Dubuque last November was sentenced this week to 135 months in federal prison.
Charles Michael Pledge a/k/a “Tennessee”, age 33, from Dubuque, Iowa, received the prison term after his April 6, 2015, guilty plea to the federal crime of Possession of a Firearm by a Felon. At the guilty plea hearing, Pledge admitted that he knowingly possessed a Hi-Point by Haskell JHP .45 caliber pistol on November 29, 2015. Pledge also admitted to four prior felony convictions in Tennessee state court for aggravated burglary.
Pledge was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade to 135 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system. Pledge is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Tim Vavricek and investigated by the Dubuque Police Department. Court file information available at: https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-01004.
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District Man Pleads Guilty to Production of Child Pornography and First-Degree Sexual Abuse of GirlRead the Press Release
WASHINGTON – Rolando de la Rocha, 42, of Washington, D.C., pled guilty today to one charge of production of child pornography and another charge of first-degree child sexual abuse, announced Acting U.S. Attorney Vincent H. Cohen, Jr.
De la Rocha pled guilty in the U.S. District Court for the District of Columbia. The Honorable James E. Boasberg scheduled sentencing for Dec. 2, 2015. The child pornography charge, a federal offense, carries a mandatory minimum of 15 years in prison and a maximum of 30 years. First-degree child sexual abuse, a District of Columbia offense, carries a statutory maximum of 30 years in prison. Both charges also carry potential financial penalties. De la Rocha also will be required to register as a sex offender for at least 25 years.
According to the government’s evidence, de la Rocha was the former boyfriend of the girl’s mother, and had lived with the family in Northwest Washington until January 2014. In May of 2015, the girl’s mother called the Metropolitan Police Department (MPD) to report that she had discovered a recording in which de la Rocha is seen sexually assaulting her child. A subsequent examination of de la Rocha’s cellphone led to the discovery of videos depicting two such incidents.
A warrant was issued for the defendant’s arrest, and de la Rocha was arrested on May 29, 2015. He admitted to police that he produced the recordings and said that he had set up an iPad to film the sexual acts in the girl’s room without her knowledge. The girl told police about several incidents that took place when she was 12 or 13, and that ended in 2013. She expressed a fear of talking to police but ultimately agreed to an interview about the defendant’s conduct.
De la Rocha has been in custody since his arrest.
In announcing the plea, Acting U.S. Attorney Cohen commended the work of the officers and detectives who investigated the case for the Metropolitan Police Department, including those from the Third District and the Youth Investigations Division. He also expressed appreciation for the work of the FBI’s Washington Field Office. Finally, he acknowledged the efforts of Assistant U.S. Attorney Andrea L. Hertzfeld, who is prosecuting the case.
Detroit Man Convicted on Sex Trafficking ChargesRead the Press Release
A Detroit resident was convicted by a federal jury yesterday on charges of sex trafficking three minor victims using force and coercion, announced United States Attorney Barbara L. McQuade. McQuade was joined in the announcement by Special Agent in Charge Paul D. Abbate, Federal Bureau of Investigation. Willie Curry, 36, of Detroit, was convicted following a two-week jury trial before United States District Judge Denise Page Hood. Curry was also convicted of producing child pornography depicting the victims, and illegally possessing a firearm. Evidence presented at the trial established that Curry found his 15- and 16-year-old victims in Mt. Pleasant, Michigan, after they had run away from a residence where they had been placed by a juvenile court. Curry convinced the victims to come to Detroit by promising them new clothes and cellular telephones and offering to take care of them. Once in Detroit, however, Curry used physical violence and threats to control his victims, including beating one victim with a metal broomstick when she disobeyed his rules. He took explicit photographs of the victims, and then used the photographs in advertisements for commercial sex acts with the victims. When one of the victims refused to comply with Curry’s demands to engage in sex acts with strangers for money, he raped her. The next day, the victim climbed out of the bathroom window and fled from the home. She ran to a nearby gas station, where she approached a woman and asked for help. The woman called the girl’s father, who immediately started driving toward them. The woman returned the girl to her father near Lansing, Michigan. The girl was then interviewed by the Michigan State Police, and the information she provided led to the rescue of the other two victims from Curry’s home. “This defendant preyed on young, vulnerable victims, using false promises, threats and violence to compel them to engage in sex acts for his own profit,” McQuade said. “Sex traffickers like this one treat human beings like commodities to be traded for cash.” Sentencing is set for December 9, 2015. Curry faces a sentence of 15 years to life in prison. The case was investigated by the FBI’s Southeastern Michigan Crimes Against Children Task Force (SEMCAC). The Mt. Pleasant Police Department and the Michigan State Police provided crucial assistance in the investigation.
Department of Justice Settles with Golden Corral Restaurant in Farmington, New Mexico, to Make it AccessibleRead the Press Release
The Justice Department today announced a settlement agreement under the Americans with Disabilities Act (ADA) to make the Golden Corral in Farmington, New Mexico, accessible to persons with disabilities. The Golden Corral was investigated in conjunction with the department’s Project Civic Access, a Civil Rights Division initiative to ensure that cities, towns, counties and local businesses throughout the country comply with the ADA. The investigation revealed that the restaurant required architectural modifications to make it accessible to persons with disabilities.
Golden Corral Corp., headquartered in North Carolina, worked cooperatively with the department after the architectural barriers to access were identified and agreed to remedy the barriers in compliance with the 2010 ADA Standards for Accessible Design (2010 standards). Under the agreement, the Golden Corral will physically modify its:
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designated accessible parking spaces;
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counter;
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men’s Room signage, mirrors, coat hook and accessible toilet stall; and
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women’s Room signage, coat hook and accessible toilet stall.
“As we continue our yearlong celebration of the 25th anniversary of the enactment of the ADA, the Civil Rights Division of the Justice Department renews its commitment to the full and fair enforcement of this historic civil rights law, for large and small venues, alike,” said Principal Deputy Attorney General Vanita Gupta, head of the Civil Rights Division. “Accessibility in local businesses is equally important so that people with disabilities be able to enjoy goods and services in their own neighborhood.”
The ADA protects individuals with disabilities from discrimination by public accommodations, such as restaurants, and requires that persons with disabilities have full and equal enjoyment of a restaurant’s goods, services, facilities, privileges and advantages. The ADA also requires restaurants to make accommodations for persons with disabilities. In addition, businesses have an ongoing obligation to remove architectural barriers to make their businesses accessible to persons with disabilities. The department and Small Business Administration have provided an ADA Guide for Small Businesses describing the obligations under the ADA, as well as tax credits and deductions available, at http://www.ada.gov//smbustxt.htm. People interested in finding out more about the ADA or this agreement can call the Justice Department’s toll-free ADA Information Line at 1-800-514-0301 or 1-800-514-0383 (TTY), or access its ADA Web site at www.ada.gov.
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Defendant Involved in Bronx Shooting Sentenced to Seven Years in Prison for Illegally Possessing A Firearm After Previously Having Been Convicted of A FelonyRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced that JOHNNY MORGAN was sentenced today in Manhattan federal court to seven years in prison for illegally possessing a firearm after previously having been convicted of a felony. In November 2014, MORGAN was convicted after a jury trial. MORGAN was sentenced by United States District Judge Gregory H. Woods.
Manhattan U.S. Attorney Preet Bharara said: “Federal gun laws – including one that prohibits a convicted felon from possessing a firearm or ammunition – play a critical role in reducing gun violence in our communities. Following more than 40 convictions for crimes ranging from drugs to assault, Johnny Morgan not only possessed a gun, but shot it four times near a nightclub in the Bronx. For committing that federal crime, Morgan will now spend seven years in prison. I want thank the New York City Police Department for their excellent work in this and countless other gun cases our office brings with them. ”
According to the allegations contained in court documents previously filed in federal court, and statements made in Court during the trial and sentencing proceedings of MORGAN:
On or about February 20, 2012, MORGAN was asked to leave a nightclub (the “Club”) in the Bronx, New York, by the Club’s security staff. MORGAN left the Club, but returned several minutes later. Once inside, after being confronted by the Club’s staff and owner, MORGAN pulled out a .40 caliber, semi-automatic Glock pistol (the “Firearm”), and pointed it at the Club’s owner. Although MORGAN was ultimately persuaded to leave the Club without harming anyone, once outside, he walked a short distance away, and then fired four gunshots into the air.
New York City Police Department officers, responding to a 911 call, began to canvas the area. Officers ultimately found MORGAN walking alone, down a street several blocks away from the Club. MORGAN was arrested and the Firearm was recovered. Subsequent DNA testing by the New York City Office of Chief Medical Examiner (“OCME”) revealed that a profile of DNA found on the Firearm was consistent with MORGAN’s DNA.
MORGAN was taken into custody in February 2012. Before trial, MORGAN challenged the admissibility of OCME’s DNA testing, which was ultimately found to be sufficiently reliable to be admitted at trial. In November 2014, a jury trial was held before Judge Woods. The jury returned a guilty verdict on November 14, 2014.
Prior to his conviction on this charge, MORGAN had previously been convicted of 40 crimes, including a federal conviction in the Southern District of New York for marijuana distribution and state assault charges.
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In imposing today’s sentence, Judge Woods noted that in light of MORGAN’s extensive criminal history, he posed a significant risk of recidivism and had not been sufficiently deterred by his prior terms of imprisonment.
Mr. Bharara praised the investigative work of the New York City Police Department. He also thanked OCME for its efforts.
The case is being prosecuted by the Office’s General Crimes Unit. Assistant United States Attorneys Sidhardha Kamaraju and Robert Allen are in charge of the prosecution.
Dallas Man Sentenced for Bankruptcy FraudRead the Press Release
DALLAS — Jeff Carlton Noebel, 60, of Dallas, was sentenced yesterday afternoon by U.S. District Judge Jorge A. Solis to four months in federal prison following his guilty plea in March 2015 to an indictment charging one count of bankruptcy fraud, announced U.S. Attorney John Parker of the Northern District of Texas.
According to documents filed in the case, Noebel filed nine bankruptcy petitions from 1992-2013 as part of Noebel’s ongoing effort to stop foreclosure of his residence in Dallas. In February 2013, Noebel filed a bankruptcy petition. On April 23, 2013, U.S. Bankruptcy Judge Harlin Hale issued an order that dismissed this bankruptcy petition and barred Noebel from re-filing for 180 days. The goal of the charged bankruptcy fraud scheme was to allow Noebel to avoid compliance with Judge Hale’s court order.
In order to stop the foreclosure sale of Noebel’s house scheduled for June 4, 2013, Noebel caused his brother to force Noebel into “involuntary bankruptcy” to stop the imminent foreclosure sale. As part of the scheme, Noebel deceived his brother by concealing from his brother the existence of Judge Hale’s order barring Noebel from personally refiling for bankruptcy for 180 days. Noebel knew that his brother would refuse to file the involuntary bankruptcy petition on June 3, 2013, if his brother knew about the court order.
This case represents one of several felony prosecutions of bankruptcy-related crimes generated by the recent Bankruptcy Fraud Initiative within the Northern District of Texas. Since February 2013, 12 defendants have been charged with various felony offenses resulting from criminal referrals from the U.S. Trustee’s Office to the U.S. Attorney’s Office. Eight defendants have been convicted either following a trial or guilty plea; six have been sentenced. Three defendants are awaiting trial, and one defendant remains in fugitive status with an outstanding arrest warrant.
The U.S. Postal Inspection Service investigated the case. Assistant U.S. Attorney David Jarvis prosecuted.
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Chester County Woman Convicted of Worker's Compensation FraudRead the Press Release
PHILADELPHIA – Barbara Stanley, 62, of Nottingham, PA, was convicted by a jury today of five counts of wire fraud, two counts of theft of government funds, one count of making false statements, and two counts of making false statements regarding workers? compensation benefits, announced United States Attorney Zane David Memeger. The defendant was convicted of scheming to defraud the Department of Labor out of workers’ compensation benefits between July 2006 and December 2010 by concealing the fact that she had recovered from her work-related injury. She was also convicted of stealing the approximately $164,000 in workers’ compensation benefits that she received during that time period, and making false statements about her medical condition to the Department of Labor. The defendant was further convicted of stealing approximately $35,000 in Office of Personnel Management (OPM) disability retirement benefits that she received at the same time that she was receiving workers’ compensation benefits, and falsely denying her receipt of the OPM disability retirement benefits, resulting in total losses to the government of approximately $199,000.
U.S. District Court Judge Paul S. Diamond did not yet schedule sentencing. Stanley faces an estimated advisory sentencing guideline range of 24 to 30 months in prison.
The case was investigated by the United States Postal Service Office of the Inspector General, the Department of Labor Office of the Inspector General, and the Office of Personnel Management Office of the Inspector General. It is being prosecuted by Assistant United States Attorneys MaryTeresa Soltis and Mary E. Crawley.
Charleston man sentenced for being a convicted felon in possession of a firearmRead the Press Release
CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced that Charles Corey Michael, 32, of Charleston, West Virginia was sentenced today in federal court in Charleston to 27 months in prison for being a convicted felon in possession of a firearm. Michael previously pled guilty to this charge in May of 2015. In March of 2015, officers with the Charleston Police Department executed a search warrant at Michael’s apartment on Charleston’s East End and recovered several firearms and heroin. Michael is prohibited by federal law from possessing any firearms because of a prior felony drug conviction in Ohio.
This case was investigated by the Charleston Police Department. The case is part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.
Centralia Man Sentenced for Part in Drug ConspiracyRead the Press Release
Walter Gardner, Jr., 46, of Centralia, Illinois, was sentenced on August 13, 2015, to a total of 60 months in federal prison on one count of a four-count indictment charging him with Conspiracy to Distribute and Possess with the Intent to Distribute Cocaine, Stephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced. Following his prison sentence, Gardner will be on federal supervised release for 4 years. He was ordered to pay a fine of $200, as well as a $100 special assessment.
Court filings showed that between approximately January 2010 and January 2013, Gardner was involved in an organization which engaged in a conspiracy to distribute and possess with the intent to distribute cocaine.
Evidence in support of this prosecution was obtained in an investigation which was conducted under the auspices of the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF initiative is designed to bring federal, state, and local law enforcement agencies and resources together to identify, target and dismantle large national and international drug trafficking organizations.
This case was investigated by the Drug Enforcement Administration, Internal Revenue Service, MEGSI, and Illinois State Police, and prosecuted by Assistant United States Attorney Deirdre A. Durborow.
Carbondale Man Sentenced for Part in Drug ConspiracyRead the Press Release
Steven Schauf, Jr., 28, of Carbondale, Illinois, was sentenced to 24 months in prison today for his role in an eight-count indictment charging him with Conspiracy to Distribute and Possess with the Intent to Distribute a Controlled Substance, Unlawful Distribution of a Controlled Substance, Use of a Communications Facility in Aid of a Controlled Substance Offense, Possession with Intent to Distribute a Controlled Substance, and Laundering of Monetary Instruments, Stephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced. Following his prison sentence, Schauf will be on supervised release for 3 years. In addition, he was ordered to pay a fine of $500 and a $700 special assessment. An Order of Forfeiture was entered for the sum of $6,787.64, as well as a 2010 Chrysler 300.
"Evidence in support of this prosecution was obtained in an investigation which was conducted under the auspices of the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF initiative is designed to bring federal, state, and local law enforcement agencies and resources together to identify, target and dismantle large national and international drug trafficking organizations. I am pleased to note that the local law enforcement and federal law enforcement partnerships did just that in this case." noted United States Attorney Wigginton.
The case was prosecuted by Assistant United States Attorney Deirdre A. Durborow.
Canadian Man Sentenced for SmugglingRead 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 Aaron William Postma, 21, of Ontario, Canada, who was convicted of Conspiracy to Import LSD into the United States, Conspiracy to Distribute LSD, Importation of Controlled Substances, Possession of LSD with Intent to Distribute, and Smuggling Merchandise into the United States, was sentenced to two years of probation by U.S. District Judge William M. Skretny.Assistant U.S. Attorney Wei Xiang, who handled the case, stated that on September 24, 2014, U.S. Customs and Border Protection officers arrested Postma after he entered through the Peace Bridge Port of Entry. They found in his possession three sheets of blotter paper containing 150 hits of lysergic acid diethylamide (LSD) and quantities of marijuana and ketamine. Postma, a student at the University of Waterloo studying biochemistry, was travelling to meet a co-conspirator in Florida, then to peddle his LSD at a music concert in Atlanta, Georgia.
Text messages from Postma’s two cell phones revealed that he was selling LSD for $15 per hit. Postma sold and offered LSD, cocaine, Mollies, and a variety of narcotics to his fellow students in college. Ironically, Postma believed that his biochemistry studies gave him insight into safely creating, mixing, and ingesting drugs.
The sentencing is the result of an investigation by Homeland Security Investigations, the Border Enforcement Security Team, and Customs and Border Patrol.
Choctaw Woman Sentenced to Prison for Abusive Sexual Contact with a MinorRead the Press Release
Jackson, Miss. – Jenna Tubby, 27, of Choctaw, Mississippi, was sentenced today by U.S. District Judge Daniel P. Jordan III, to 18 months in prison followed by 5 years of supervised release for having abusive sexual contact with a minor, announced U.S. Attorney Gregory K. Davis. The crime occurred on the tribal lands of the Mississippi Band of Choctaw Indians.
This case was investigated by the Federal Bureau of Investigations and the Mississippi Band of Choctaw Indians Police Department. It was prosecuted by Assistant U.S. Attorney Patrick Lemon.
Bryson City Man Sentenced for Poaching over 500 Ginseng RootsRead the Press Release
ASHEVILLE, N.C. – U.S. Magistrate Judge Dennis L. Howell sentenced Billy Joe Hurley, 47, of Bryson City, N.C. for illegally possessing ginseng, announced Jill Westmoreland Rose, Acting U.S. Attorney for the Western District of North Carolina. Hurley was convicted at trial on Wednesday, August 12, 2015, and was ordered today to serve six months in jail for the illegal possession or harvesting of American ginseng from the Great Smoky Mountains National Park.
Joe Pond, Acting Chief Ranger of the Great Smoky Mountains National Park and Cassius Cash, Superintendent of the Great Smoky Mountains National Park join Acting U.S. Attorney Rose in making today’s announcement.
“The illegal harvesting of American Ginseng poses a threat to this precious national resource and it is a crime our office takes very seriously,” said Acting U.S. Attorney Rose. “We will continue to work closely with the Rangers of the Great Smoky Mountains National Park to protect wild ginseng from extinction and to prosecute those who profit from the illegal harvesting of ginseng roots.”
According to Acting Chief Ranger Pond, “Ginseng is a threatened natural resource, protected by law within Park boundaries. Unfortunately, Rangers are finding that poached ginseng roots seized during criminal investigations are younger than in years past, as older roots become much harder to find. This is not good for the viability of the plant. Rangers work extremely hard to thwart the efforts of those who steal from public lands and we hope that this case serves as a deterrent for anyone considering this activity.”
According to filed court documents and court proceedings, on June 28, 2015, in Swain County, Hurley Illegally possessed more than 500 American Ginseng roots he had illegally dug from areas in the Great Smoky Mountains National Park. Court records show that Hurley had filled a backpack with the roots and attempted to hide it behind a guardrail beside a hiking trail.
According to court records, in August 2014, Hurley was sentenced to five months and fifteen days in jail for the illegal possession or harvesting of American ginseng from the Great Smoky Mountains National Park. Today’s conviction marks Hurley’s fifth such conviction. Staff of the National Park Service replanted the recovered viable roots but estimate that at best, 50% of the replanted roots are likely to survive.
At Hurley’s 2014 sentencing hearing, a National Park Service botanist testified that the American ginseng species is under severe pressure from poachers in the Great Smoky Mountains National Park and may not be sustainable if it continues to be harvested illegally. During that same hearing, a special agent with of the U.S. Fish and Wildlife Service also testified that financial gain is likely to continue to drive poachers and that fresh ginseng can bring up to $200 per pound on the black market.
* * *
American ginseng is a native plant in the Smoky Mountains. These wild roots are also a highly prized tonic, particularly in Asian markets. Dried ginseng roots are used in medicines, teas, and other health products. American ginseng was recently placed in North Carolina’s Watch Category 5B, which includes generally widespread species that are in commercial demand and are often collected and sold in high volume. This category was created to bring attention to the issue, since such high volume collection is unsustainable in the long run.
Ginseng harvest in the park has always been illegal. It is legal to harvest ginseng outside the park on private lands or with a permit in certain Forest Service areas during the harvesting season. Park scientists have realized these slow-growing native plants could disappear because harvesting means taking the entire ginseng root. Each year law enforcement rangers seize between 500 and 1000 illegally poached ginseng roots. Over the years, park biologists have marked and replanted over 15,000 roots seized by law enforcement. Monitoring indicates that many of these roots have survived and are again thriving in these mountains.
The U.S. Attorney’s Office and the National Park Service remind the public that gathering ginseng on federal lands, such as the Great Smoky Mountains National Park, is a federal crime. The Smokies are the largest fully protected reserve known for wild ginseng. This plant was formerly abundant throughout the eastern mountains, but due to overharvesting, populations have been significantly reduced to isolated patches. The roots poached in this park are usually young, between the ages of 5 and 10 years, and have not yet reached their full reproductive capacity. In time, the park’s populations might recover if poaching ceases.
Hurley has been in custody since July 2015.
The investigation of the case was handled by Park Rangers of the Great Smoky Mountains National Park. The U.S. Attorney’s Office in Asheville handled the prosecution.
To report illegal harvesting activities of American ginseng within the Smokies, please call the Law Enforcement Desk of the Great Smoky Mountains National Park at 1-865-436-1230.
Boynton Charged with Conspiring to help Former DeKalb County Commissioner Elaine Boyer Steal County MoneyRead the Press Release
ATLANTA - Marion Rooks Boynton has been arraigned after being indicted by a federal grand jury for conspiring with former DeKalb County Commissioner Elaine Boyer and her husband John Boyer to steal over $85,000 from DeKalb County.
“Boynton allegedly conspired with Elaine and John Boyer to steal taxpayer money from DeKalb County,” said U.S. Attorney John Horn. “The trio diverted thousands of dollars in county funds to their own personal bank accounts by exploiting former DeKalb County Commissioner Boyer’s position.”
“Elected officials who violate the public trust remain a priority investigative matter for the FBI but those who entice or assist those public officials as they engage in their corrupt criminal conduct are equally subject to federal investigation and prosecution. The FBI asks that anyone with information regarding such activities to contact their nearest FBI field office,” said J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office.
According to U.S. Attorney Horn, the charges, and other information presented in court: In DeKalb County, Georgia, the Board of Commissioners serves as the legislative branch of the DeKalb County Government. The Board of Commissioners is comprised of seven part-time commissioners, who are elected to serve four-year terms. Each of the seven Commissioners is responsible for the management of their respective offices, which includes controlling the offices’ budget and hiring staff members, contractors, and consultants. In recent years, the operating budget for a Commissioner’s office has been approximately $250,000 per year. The Commissioners may use their budget only for county-related business.
In 1992, Elaine Boyer began serving as the Commissioner of District 1, which served citizens in north DeKalb County, including in Brookhaven, Dunwoody, Tucker, and Smoke Rise, Georgia.
In 2009, Elaine Boyer and her husband John Boyer began experiencing financial difficulties. As a result, they became involved in an unlawful kickback scheme to obtain money from the DeKalb County government. In particular, in or about September 2009, Elaine Boyer, as the Commissioner of District 1, hired long-time, family friend Rooks Boynton as a purported political advisor, allegedly to assist her with government consulting.
As part of the scheme, false invoices were submitted to Elaine Boyer’s office for services supposedly rendered by Boynton. In fact, Boynton performed no services for DeKalb County government, Elaine Boyer’s Office, or the citizens of DeKalb County.
Elaine Boyer used the false invoices as a basis to authorize payments to Boynton. From September 2009 to November 2011, based on requisition requests from Elaine Boyer’s Office, DeKalb County issued approximately 35 checks to Boynton for consulting services that were never performed. In total, DeKalb County paid Boynton more than $85,000.
Boynton then deposited a portion of the money that he received from DeKalb County into a bank account used by the Boyers. Specifically, after being paid by DeKalb County, Boynton funneled approximately $60,000 of funds from DeKalb County into a personal bank account used by the Boyers. Boynton kept and spent the rest of the approximately $25,000 that he received from DeKalb County – despite not performing any services for DeKalb County.
In August 2014, Elaine Boyer, 59, of Stone Mountain, Georgia, resigned mid-term as the Commissioner of District 1. The day after resigning, Boyer was charged with conspiring to commit wire and mail fraud. On March 20, 2015, Boyer was sentenced to 14 months in prison and ordered to pay approximately $87,000 in restitution after pleading guilty.
On February 24, 2015, John Boyer, 63, of Stone Mountain, Georgia, pleaded guilty to conspiring to commit mail fraud. Boyer is scheduled to be sentenced on August 19, 2015.
On August 11, 2015, the Grand Jury returned an Indictment against Marion Rooks Boynton, 73, of Saint Simons Island, Georgia, on charges of conspiracy and substantive federal program theft.
Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the Federal Bureau of Investigation.
Assistant United States Attorney Jeffrey W. Davis is prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Billings Man Sentenced to Nine Years in Prison for Taking Guns from Sidney StoreRead the Press Release
BILLINGS – A federal judge sentenced William Jess Foust, 50, of Billings, Montana, to nine years in prison today for being a felon in possession of firearms. Federal District Court Judge Susan P. Watters also sentenced Foust to three years of supervised release. The sentence follows Foust’s March 26, 2015, guilty plea to being a felon in possession of firearms.
Assistant United States Attorney Paulette Stewart stated in court documents that on August 30, 2014, a store in Sidney, Montana, was burglarized and 13 firearms were taken, including several pistols, rifles and shotguns. The store is a licensed firearms dealer and the firearms taken were part of the store’s inventory. The investigation revealed that Foust had taken and possessed the firearms and that he had been convicted of a felony crime in California, which prohibited him from possessing firearms.
Assistant U.S. Attorney Paulette Stewart prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sidney Police Department. Foust will have to serve at least 85% of his sentence before being released from federal prison.
Berlin Man Facing Federal Indictment for Armed Bank Robbery Carjacking, and Brandishing a FirearmRead the Press Release
Baltimore, Maryland – A federal grand jury today indicted Jeff V. Hare, age 53, of Berlin, Maryland, on charges of armed bank robbery, carjacking and brandishing a firearm during a crime of violence.
The indictment 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; Worcester County Sheriff Reggie T. Mason, Sr.; Colonel William M. Pallozzi, Superintendent of the Maryland State Police; and Worcester County State’s Attorney Beau Oglesby.
According to the three-count indictment, on March 13, 2015, Hare entered the BB&T branch located at 11000 block of Racetrack Road in Berlin, wearing a ski mask and brandishing a handgun.
Hare told the bank tellers present in the bank’s lobby that he had a gun and he was robbing the bank, demanding that the tellers give him only fifty and one hundred dollar bills, and that they not give him any dye packs. Hare moved through the lobby from employee to employee pointing the handgun at the employees and demanding money. Hare also demanded each teller give him their car keys and purse, but each teller told Hare they did not have them available. Hare stole approximately $2,850 in cash from the bank.
The indictment alleges that after robbing the tellers in the lobby, Hare found a bank employee who had locked herself in a back room of the bank. Hare forced open the locked door, pointed his handgun at the employee and demanded her car keys and her purse. The employee gave Hare her purse, which contained cash and personal effects, and the keys to her car, a 2007 Kia Spectra, which was parked in the bank’s parking lot. Hare exited the bank and fled in the stolen 2007 Kia Spectra, which he abandoned at a nearby business.
Hare faces a maximum sentence of 25 years in prison for armed bank robbery; a maximum of 15 years in prison for carjacking; and a mandatory minimum of seven years and up to life in prison for brandishing a firearm during a crime of violence. An initial appearance has not yet been scheduled for U.S. District Court in Baltimore. Hare remains detained on related state charges.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorney Rod J. Rosenstein praised the FBI, Worcester County Sheriff’s Office, Maryland State Police and the Worcester County State’s Attorney’s Office for their work in the investigation and prosecution. Mr. Rosenstein thanked Assistant United States Attorney Zachary A. Myers, who is prosecuting the case.
Armed Career Criminal Sentenced to 15 Years for Possession of A FirearmRead the Press Release
Tampa, Florida – U.S. District Judge Elizabeth A. Kovachevich has sentenced Justin Robinson (33, Tampa) to 15 years in federal prison for being a felon in possession of a firearm. He pleaded guilty on October 21, 2014.
According to court documents, at approximately 3:45 AM on April 28, 2014, a Hillsborough County Sheriff’s Office deputy saw Robinson hiding behind a van outside an apartment complex in Tampa. Robinson told the deputy that he was in the area to visit a friend, but residents of the apartment he claimed to be visiting later said that they did not know Robinson. The deputy found a loaded .9 mm firearm on the ground where Robinson had been hiding, and ordered Robinson to put his hands behind his back. Robinson fled, but was apprehended after a short foot chase. Law enforcement officials later determined that the firearm had been stolen during a residential burglary.
Robinson was previously convicted of several felonies, including three drug trafficking offenses, and is therefore prohibited from possessing a firearm or ammunition under federal law. As such, he qualified for an enhanced penalty under the Armed Career Criminal statute.
This case was investigated by the Hillsborough County Sheriff’s Office, the Tampa Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorneys Natalie Hirt Adams and Megan Kistler.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Regina Lombardo, Special Agent in Charge, ATF, are coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials. It is also a part of ATF’s Frontline Strategy on reducing violent crime in communities.
Albuquerque Man Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Joseph Wallace Apodaca, 39, of Albuquerque, N.M., pleaded guilty today in federal court to being a felon in possession of firearms and ammunition.
Apodaca was arrested on August 21, 2014, on an indictment charging him with being a felon in possession of firearms and ammunition on May 14, 2014, in Bernalillo County, N.M. The indictment was superseded on Jan. 21, 2015. Apodaca was prohibited at the time from being in possession of firearms and ammunition because he had previously been convicted of aggravated burglary, conspiracy to commit aggravated burglary, tampering with evidence and residential burglary.
During today’s proceedings, Apodaca pled guilty to the superseding indictment and admitted that on May 14, 2014, he was approached by Albuquerque Police Department (APD) officers as he was exiting his vehicle, where APD officers viewed a handgun in his vehicle. Apodaca further admitted that he told officers he was a convicted felon in possession of a handgun.
At sentencing, Apodaca faces a maximum of ten years in prison followed by not more than three years of supervised release. He remains detained pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department. Assistant U.S. Attorney Norman Cairns is prosecuting this case.
Albanian National Sentenced to 16 Years for Attempting to Support TerrorismRead the Press Release
Agron Hasbajrami, 31, an Albanian citizen and resident of Brooklyn, New York, was sentenced to 16 years in prison for attempting and conspiring to provide material support to terrorists. Pursuant to the terms of his plea agreement, Hasbajrami will be removed from the United States at the conclusion of his sentence. The sentencing proceeding was held before U.S. District Judge John Gleeson of the Eastern District of New York.
Assistant Attorney General for National Security John P. Carlin, Acting U.S. Attorney Kelly T. Currie of the Eastern District of New York, Assistant Director in Charge Diego G. Rodriguez of the FBI New York Field Office and Commissioner William J. Bratton of the New York City Police Department (NYPD) made the announcement.
As stated during the guilty plea and sentencing proceedings, and according to court filings, in September 2011, Hasbajrami attempted to travel to the Federally Administered Tribal Areas of Pakistan (the FATA) for the purpose of joining a radical jihadist insurgent group. In addition, he sent over $1,000 in multiple wire transfers abroad to support terrorist activities in Pakistan and Afghanistan. In pursuing his goal of fighting jihad, the defendant exchanged email messages with an individual in Pakistan who said he was a member of an armed group that had murdered American soldiers and kidnapped Westerners. In one email message, Hasbajrami stated that it was difficult to ask for money from fellow Muslims because they became apprehensive “when they hear it is for jihad.” In another email, he stated that he wished to travel overseas, using jihadist rhetoric to describe his desire to die as a martyr.
On Sept. 5, 2011, Hasbajrami purchased a one-way airline ticket to travel to Turkey the following day. Based on Hasbajrami’s email communications, he intended to travel from Turkey to the FATA to join a jihadist group. On Sept. 6, 2011, the defendant was arrested at John F. Kennedy International Airport. At the time of his arrest, he was carrying a tent, boots and cold weather gear. A search of the defendant’s residence revealed, among other items, a note reading “Do not wait for invasion, the time is martyrdom time.”
“This case, like many others before it, has shown that the application of lawful surveillance can allow the United States government to detect and neutralize a terrorist in the United States,” said Acting U.S. Attorney Currie. “The sentence imposed today leaves no question as to the defendant’s role in a very serious offense and helps ensure that he will no longer pose a threat to the United States and our allies.”
“Hasbajrami is yet another individual in the U.S. who was inspired to commit acts of violence in the name of jihad,” said Assistant Director in Charge Rodriguez. “He used technology to propagate terrorist messages and create a plan to attack U.S. interests. Due to the excellent collaboration and work of all our law enforcement partners on the Joint Terrorism Task Force, we stopped his travel abroad to fight with a foreign terrorist organization. These threats remain among the highest priorities for the FBI and the Intelligence Community as a whole. Through his guilty plea and today’s sentence, once completed, he will no longer be able to remain in the U.S. while trying to harm us.”
“The sentence imposed today sends a clear message: members of Manhattan-based Joint Terrorism Task Force will work tirelessly to uncover and stop any efforts to provide material support to organizations built to kill Americans,” said Commissioner Bratton.
Assistant Attorney General Carlin joined Acting U.S. Attorney Currie in thanking the federal, state and local law enforcement agencies who participate in the FBI’s Joint Terrorism Task Force in New York.
The case was prosecuted by Assistant U.S. Attorneys Seth D. DuCharme, Saritha Komatireddy, Peter Baldwin and Matthew Amatruda of the Eastern District of New York, and Trial Attorney Danya Atiyeh of the National Security Division’s Counterterrorism Section.
Albanian National Sentenced to 16 Years’ Imprisonment for Attempting to Support TerrorismRead the Press Release
Earlier today, at the United States District Court for the Eastern District of New York in Brooklyn, Agron Hasbajrami, an Albanian citizen and resident of Brooklyn, was sentenced to 16 years in prison based on his June 2015 guilty plea to attempting and conspiring to provide material support to terrorists. Pursuant to the terms of his plea agreement, Hasbajrami will be removed from the United States at the conclusion of his sentence. The sentencing proceeding was held before United States District Judge John Gleeson.
The sentence was announced by Acting U.S. Attorney Kelly T. Currie of the Eastern District of New York, Assistant Attorney General for National Security John P. Carlin, Assistant Director-in-Charge Diego G. Rodriguez of the FBI’s New York Field Office, and Commissioner William J. Bratton of the New York City Police Department.
As stated during the guilty plea and sentencing proceedings, and according to court filings, in September 2011, Hasbajrami attempted to travel to the Federally Administered Tribal Areas of Pakistan (the FATA) for the purpose of joining a radical jihadist insurgent group. In addition, he sent over $1,000 in multiple wire transfers abroad to support terrorist activities in Pakistan and Afghanistan. In pursuing his goal of fighting jihad, the defendant exchanged email messages with an individual in Pakistan who said he was a member of an armed group that had murdered American soldiers and kidnapped Westerners. In one email message, Hasbajrami stated that it was difficult to ask for money from fellow Muslims because they became apprehensive “when they hear it is for jihad.” In another email, he stated that he wished to travel overseas, using jihadist rhetoric to describe his desire to die as a martyr.
On September 5, 2011, Hasbajrami purchased a one-way airline ticket to travel to Turkey the following day. Based on Hasbajrami’s email communications, he intended to travel from Turkey to the FATA to join a jihadist group. On September 6, 2011, Hasbajrami was arrested at John F. Kennedy International Airport. At the time of his arrest, he was carrying a tent, boots, and cold weather gear. A search of the defendant’s residence revealed, among other items, a note reading “Do not wait for invasion, the time is martyrdom time.”
“This case, like many others before it, has shown that the application of lawful surveillance can allow the United States government to detect and neutralize a terrorist in the United States,” said Acting U.S. Attorney Currie. “The sentence imposed today leaves no question as to the defendant’s role in a very serious offense and helps ensure that he will no longer pose a threat to the United States and our allies.”
“Hasbajrami is yet another individual in the U.S. who was inspired to commit acts of violence in the name of jihad. He used technology to propagate terrorist messages and create a plan to attack U.S. interests. Due to the excellent collaboration and work of all our law enforcement partners on the Joint Terrorism Task Force, we stopped his travel abroad to fight with a foreign terrorist organization. These threats remain among the highest priorities for the FBI and the Intelligence Community as a whole. Through his guilty plea and today’s sentence, once completed, he will no longer be able to remain in the U.S. while trying to harm us,” stated FBI Assistant Director-in-Charge Rodriguez.
“The sentence imposed today sends a clear message: members of Manhattan-based Joint Terrorism Task Force will work tirelessly to uncover and stop any efforts to provide material support to organizations built to kill Americans,” said Police Commissioner Bratton.
Assistant Attorney General Carlin joined Acting U.S. Attorney Currie in thanking the federal, state, and local law enforcement agencies who participate in the FBI’s Joint Terrorism Task Force in New York.
The government’s case was prosecuted by the office’s National Security & Cybercrime Section. Assistant U.S. Attorneys Seth D. DuCharme, Saritha Komatireddy, Peter Baldwin, and Matthew Amatruda of the Eastern District of New York, and Trial Attorney Danya Atiyeh of the National Security Division’s Counterterrorism Section, are in charge of the prosecution.
The Defendant
AGRON HASBAJRAMI
Age: 31
Docket No.: 11 CR 623 (S2) (JG)
Wednesday 12 August 2015
Youngstown man faces cocaine chargeRead the Press Release
A federal grand jury returned a one-count indictment charging Juan Jose Rojas Pena, 20, of Youngstown, with attempting to possess with the intent to distribute cocaine, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio.
The indictment alleges that on or about July 13, 2015, Rojas Pena knowingly and intentionally attempted to possess with the intent to distribute more than 500 grams of cocaine.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
The investigation preceding the indictment was conducted by the Drug Enforcement Administration and the U.S. Postal Service. The matter is being prosecuted by Assistant United States Attorney David M. Toepfer.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Youngstown man charged with operating crack house on Parkcliffe AvenueRead the Press Release
A federal grand jury returned a two-count indictment charging Christopher A. Brown, 35, of Youngstown, with maintaining a residence for the purpose of distributing crack cocaine and with possessing with the intent to distribute crack cocaine and heroin, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio.
Count 1 of the indictment alleges that in or about June 2015, Brown knowingly and intentionally maintained a place on Parkcliffe Avenue in Youngstown, for the purpose of distributing crack cocaine.
Count 2 of the indictment alleges that on or about June 10, 2015, Brown knowingly and intentionally possessed with the intent to distribute more than 28 grams of crack cocaine and heroin.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
The investigation preceding the indictment was conducted by the Drug Enforcement Administration and the Youngstown Police Department, Vice Squad. The matter is being prosecuted by Assistant United States Attorney David M. Toepfer.
Winter Harbor Woman Pleads Guilty to Theft of Money from the Postal ServiceRead the Press Release
Contact: Chris Ruge
Assistant United States Attorney
Tel: (207) 945-0373Bangor, Maine: United States Attorney Thomas E. Delahanty II announced that Sandra Melnick, 52, of Winter Harbor, Maine, pled guilty yesterday in U.S. District Court to theft of more than $1,600 worth of public money.
According to court records, from about May 19 to September 12, 2014, while serving as a Postmaster Relief at the Sullivan, Maine Post Office, Melnick issued a series of money orders without reporting the sale or tendering the money to the Postal Service. Many of these money orders were cashed by recipients before the defendant reported them as sold. When Postal Service investigators audited Melnick’s accounts, there were still three previously-cashed money orders outstanding.
Melnick faces up to 10 years in prison, a $250,000 fine, and three years of supervised release. She will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by the U.S. Postal Service, Office of the Inspector General.
U.S. Citizen Sentenced in Connection with Costa Rica-Based Business Opportunity Fraud VenturesRead the Press Release
A U.S. citizen charged in connection with the operation of a series of fraudulent business opportunities based in Costa Rica was sentenced to prison today in Miami, the Justice Department announced.
John White, aka Gregory Garrett, was sentenced by U.S. District Court Judge Patricia A. Seitz of the Southern District of Florida to serve 70 months in prison and five years of supervised release. White was also ordered to pay $6,412,006.19 in restitution. White is one of 12 defendants charged in connection with a series of business opportunity fraud ventures that operated in Costa Rica. Nine of those other defendants have been convicted in the United States with sentences ranging from three to 16 years in prison and the two remaining defendants are not yet in the custody of the United States.
“The defendants in this scheme promised victims the American dream while knowing they in fact were being ripped off,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “We will continue to prosecute those who would deprive Americans of their savings just so they can make a quick buck.”
White was indicted by a federal grand jury in Miami on Nov. 29, 2011, arrested in Costa Rica in 2012, extradited to the United States in 2015 and pleaded guilty on April 29, 2015, to one count of conspiracy to commit mail and wire fraud in connection with the business opportunity scheme.
As part of his guilty plea, White admitted that from 2005 to 2008, he and his co-conspirators fraudulently induced individuals in the United States to buy business opportunities in USA Beverages Inc., Twin Peaks Gourmet Coffee Inc., Cards-R-Us Inc., Premier Cards Inc. and The Coffee Man Inc. White and his co-conspirators claimed that these opportunities would allow purchasers to sell coffee or greeting cards from display racks located at other retail establishments. The business opportunities cost thousands of dollars each, with most purchasers paying at least $10,000. Each company operated for several months and after one company closed, the next opened.
White admitted that the conspiracy used various means to make it appear to potential purchasers that the businesses were located entirely in the United States. The companies used bank accounts, office space and other services in the Southern District of Florida and elsewhere. In reality, White and his co-conspirators operated out of call centers in Costa Rica.
White admitted that he and his co-conspirators made numerous false statements to potential purchasers of the business opportunities, including that purchasers likely would earn substantial profits; that prior purchasers of the business opportunities were earning substantial profits; that purchasers would sell a guaranteed minimum amount of merchandise, such as greeting cards and beverages; and that the business opportunity worked with locators familiar with the potential purchaser’s area who would secure or had already secured high-traffic locations for the potential purchaser’s merchandise stands. Potential purchasers also were falsely told that the profits of the companies were based in part on the profits of the business opportunity purchasers, thus creating the false impression that the companies had a stake in the purchasers’ success and in finding good locations.
As alleged in the indictment against White and others, the companies employed various types of sales representatives, including fronters, closers and references. A fronter spoke to potential purchasers when the prospective purchasers initially contacted the company in response to an advertisement. A closer subsequently spoke to potential purchasers to close deals and references spoke to potential purchasers about the financial success they had purportedly experienced since purchasing one of the business opportunities. The companies also employed locators, who were typically characterized by the sales representatives as third parties who worked with the companies to find high-traffic locations for the prospective purchaser’s merchandise display racks. White admitted that he worked as a fronter and reference using aliases.
“This international and domestic investigation shows the Postal Inspection Service’s resolve to protect Americans from business opportunity scams,” said Postal Inspector in Charge Ronald Verrochio of the U.S. Postal Inspection Service (USPIS) Miami Division.
Principal Deputy Assistant Attorney General Mizer commended the investigative efforts of USPIS. The case is being prosecuted by Trial Attorney Alan Phelps of the Civil Division’s Consumer Protection Branch.
Two charged with stealing mailRead the Press Release
A federal grand jury returned a one-count indictment charging Edward L. Dugan, 46, of Reynoldsburg, and Tonya Sue Carpenter, 41, of Athens, for stealing outgoing mail from residential mailboxes, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio.
The indictment alleges that Dugan and Carpenter stole mail from residential mailboxes on several occasions for about month.
Assistant United States Attorney Karrie D. Howard is prosecuting the case, following an investigation by the the U.S. Postal Service's Office of Inspector General.
If convicted, the court will determine the defendants’ sentence after a review of factors unique to this case, including the defendants’ prior criminal record, if any, the defendants’ role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum. In most cases, it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.
Two Men Sentenced to Prison for Producing Child Pornography in Separate CasesRead the Press Release
STATESVILLE, N.C. – A Lincoln County man was sentenced today in U.S. District Court in Statesville to 180 months in federal prison for producing child pornography, announced Acting U.S. Attorney Jill Westmoreland Rose of the Western District of North Carolina. U.S. District Judge Richard L. Voorhees also ordered Antony Alexander Gonzalez Solorzano, 28, of Lincolnton, N.C. to serve a lifetime of supervised release and to register as a sex offender.
John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division joins Acting U.S. Attorney Rose in making today’s announcement.
According to the criminal indictment, from January to March 2013, Solorzano did employ, use, persuade, induce, entice, and coerce a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct. Court records show that Solorzano possessed both images and videos of the underage victim which he kept stored on his computer. According to court records and today’s sentencing hearing, law enforcement became aware of Solorzano’s conduct while investigating him for sharing files containing child pornography over the Internet.
Solorzano pleaded guilty to the one count of production of child pornography in June 2014. He has been in federal custody since November 2013. Upon designation of a federal facility, he will be transferred to the custody of the Federal Bureau of Prisons. Federal sentences are served without the possibility of parole.
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Judge Voorhees also sentenced a Mooresville man to 15 years in prison for producing and possessing child pornography, and ordered him to serve a lifetime of supervised release and to register as a sex offender. According to court documents, evidence presented at trial and statements made in court, James Douglas Brown, 54, had sexually abused a minor female repeatedly between May 2009 and January 2011. Court records show that Brown filmed and photographed some of the sexual abuse of the minor victim. In May 2014, a federal jury convicted Brown of eight counts of production and one count of possession of child pornography. He has been in federal custody since November 2013. Brown’s case was investigated by the FBI and the Iredell County Sheriff’s Office.
Assistant U.S. Attorney Cortney Randall of the U.S. Attorney’s Office in Charlotte handled the prosecution of both cases.
These cases were 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 (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.
Two Individuals Indicted in August 2015 Federal Grand JuryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office announced today the results of the August 2015 Federal Grand Jury.
“The following named individuals have been charged with a federal crime or crimes by the return of an indictment by the Grand Jury. A grand jury Indictment does not constitute evidence of guilt. A grand jury Indictment is a method of bringing formal charges against the defendant. A defendant is presumed innocent of the charges and may not be found guilty unless evidence establishes guilt beyond a reasonable doubt. United States Sentencing Guidelines may be considered, upon conviction, by the sentencing court. Federal prison sentences are non-parolable.”
PAUL DANIEL MORRISON, age 55, of Poteau, Oklahoma
Theft Of Government Funds
Forfeiture AllegationThe Indictment alleges that beginning in or about December, 2011, and continuing until on or about July 9, 2013, within the Eastern District of Oklahoma, defendant PAUL DANIEL MORRISON, did willfully and knowingly steal and purloin money of the Department of Veterans Affairs, a department or agency of the United States, namely, Department of Veterans Affairs Monthly Non-Service Connected Pension Benefits payments to which he knew he was not entitled, having a value in excess of $1,000.00.
The charge arose from an investigation by the Department of Veterans Affairs, Office of Inspector General. The charge is in violation of Title 18, United States Code, Section 641, punishable by not more than 10 years imprisonment, up to a $250,000.00 fine or both.
Assistant United States Attorney Rob Wallace
WILLIAM JAMES SMITH, Jr., age 34, of Okay, Oklahoma
a/k/a "Jimmy"Felon In Possession Of Firearm & Ammunition
Forfeiture AllegationThe Indictment alleges that on or about February 26, 2015, within the Eastern District of Oklahoma, the defendant, WILLIAM JAMES SMITH, Jr., a/k/a Jimmy, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm and ammunition.
The charge arose from an investigation by the Muskogee Police Department, the United States Marshal Service and the Bureau of Alcohol, Tobacco and Firearms. The charge is in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, up to a $250,000.00 fine or both.
Assistant United States Attorney Dean Burris
Two Charged in Child Exploitation CaseRead the Press Release
GAINESVILLE, FLORIDA – A federal grand jury returned an indictment charging Michael Alexander Hayes and Ranell Carter Jr., both 24, of Gainesville, Florida, with sex trafficking of a minor. Carter was arraigned today in the U.S. District Court in Gainesville, and Hayes was arraigned on August 6, 2015. The indictment was announced by Pamela C. Marsh, United States Attorney for the Northern District of Florida.
The indictment alleges that, between May and June 2015, Hayes and Carter knowingly enticed a person less than 18 years of age to engage in a commercial sex act. Carter was charged in a separate indictment in June 2015 with sex trafficking of a minor. The trial is scheduled for September 22, 2015.
This case resulted from investigations by the Federal Bureau of Investigation, Florida Department of Law Enforcement, Gainesville Police Department, Alachua County Sheriff’s Office, and the North Florida Internet Crimes Against Children Task Force. It is being prosecuted by Assistant United States Attorney Frank Williams.
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]
Three sentenced for manufacturing methamphetamineRead the Press Release
CLARKSBURG, WEST VIRGINIA – Brittany Thompson, 26, John Robert Morris, 33, both of Fairmont, West Virginia, and Raymond Leonard, 33, of Burton, West Virginia, were sentenced in federal court today for their role in manufacturing methamphetamine, United States Attorney William J. Ihlenfeld, II, announced.
Thompson and Leonard manufactured methamphetamine in Marion County, West Virginia in October 2014. They each pled guilty in April 2015 to one count of “Aiding and Abetting the Possession of Material used in the Manufacturing of Methamphetamine.” Thompson was sentenced today to twelve months and one day in prison. Leonard was sentenced today to 77 months in prison.
Morris was discovered in May 2014 in possession of medication containing pseudoephedrine, an ingredient commonly used to manufacture methamphetamine. He pled guilty in April 2015 to one count of “Possession of Pseudoephedrine to be used in the Manufacture of Methamphetamine.” He was sentenced today to 30 months in prison.
Assistant U.S. Attorney Shawn Morgan prosecuted the cases on behalf of the government. The Three Rivers Drug Task Force investigated.
U.S. District Judge Irene M. Keeley presided.
Three Tampa Residents Pled Guilty for Their Involvement in a Conspiracy to Import a Synthetic Cannabinoid, XLR-11, a/k/a "Spice", and Drug ParaphernaliaRead the Press Release
This week three Tampa residents pleaded 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.
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). The defendants agreed to the forfeiture of assets totaling $472,780.00. Each offense carries a maximum penalty of 20 years in prison.
On Wednesday, August 12, 2015, Tanjina Islam Piya, 24, of Tampa, pleaded guilty to conspiracy to import drug paraphernalia. The defendant also agreed to the forfeiture of assets totaling $157,158.80 and real property in St. Petersberg, Florida. The offense carries a maximum penalty of 3 years in prison.
A fourth co-defendant, Saiful Hossain, is scheduled for trial August 24, 2015, in Ft. Pierce, Florida, before U.S. District Court Judge Donald M. Middlebrooks. Hossain is presumed innocent of the charges contained in the indictment until proven guilty beyond a reasonable doubt.
According to court records, HSI, along with other law enforcement agencies, in the Southern and Middle Districts of Florida, have been investigating individuals who are importing illegal “smokable synthetic cannabinoids” (“SSC”) containing Schedule I controlled substances and drug paraphernalia.
On November 7, 2014, HSI agents arrested Elhelw in Vero Beach and recovered a three (3) kilogram package of the controlled substance XLR-11, a chemical used in the manufacture of SSC. Further investigation revealed that as a result of the conspiracy, at least seven (7) parcels, containing 3 kilograms each of XLR-11, were imported into the Southern District of Florida, with a street value of approximately $5,460,000.00.
On May 19, 2015, federal search warrants were executed at various locations, including residences, a storage facility, and safe deposit boxes. At the home shared by Hossain and Piya, agents recovered documentary evidence of the importation of “Spice” and drug paraphernalia. After having received consent from Hossain, law enforcement searched a storage facility and found drug paraphernalia and approximately 6.27 pounds of green leafy product (containing a mixture of Schedule I controlled substances XLR-11 and PB-22 and 5-fluoro AB-PINACA, an analogue intended for human consumption). Agents seized ledgers listing “Spice” brands and amounts, as well as jars, containing a mixture of containing 5-fluoro ABICA, an analogue intended for human consumption, from Khalifa’s residence. At the homes of Piya/Hossain, Elhelw and Khalifa, agents also seized money.
On June 12, 2015, HSI agents executed a federal search warrant at a residence connected to Khalifa and Hossain. Therein, agents seized numerous kilograms of leafy product, containing a mixture of XLR-11 and PB-22; bottles of FUB-PB-22, an analogue intended for human consumption; and drug paraphernalia. The investigation revealed that the controlled substances had been shipped from China.
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, United States Customs and Border Protection, 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.