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Tuesday 11 August 2015
Cass County Resident Sentenced to 5 Years for Receiving Child PornographyRead the Press Release
COUNCIL BLUFFS, IA- On August 6, 2015, Jimmy Joe Misner, a 54 year-old resident of Atlantic, Iowa, was sentenced by United States District Court Judge Robert W. Pratt to 5 years in prison for the charge of receipt of child pornography. Judge Pratt also ordered that Misner serve 10 years of supervised release following the period of imprisonment. During the period of supervised release, Misner will be monitored by the United States Probation Office for compliance with conditions of release set by the Court at the time of sentencing.
An investigation by law enforcement revealed that from September to December of 2013, Misner had obtained from the internet over 1,700 images and 97 videos of prepubescent and adolescent children engaged in sexually explicit conduct. Misner pleaded guilty on May 1, 2015, to the charge of receipt of child pornography.
The investigation was conducted by the U.S. Department of Homeland Security, and the case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
California Woman Sentenced to over 10 Years for Her Role in Defrauding Elderly Through Offshore Sweepstakes SchemeRead the Press Release
A California woman was sentenced to 130 months in prison for her role in a half-million dollar Costa Rica-based “sweepstakes fraud” scheme that victimized hundreds of U.S. residents.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and Acting U.S. Attorney Jill Westmoreland Rose of the Western District of North Carolina made the announcement.
Patricia Diane Clark, 57, of Sacramento, California, was sentenced today by Chief U.S. District Judge Frank D. Whitney of the Western District of North Carolina for conspiracy to commit wire fraud, wire fraud and conspiracy to commit money laundering. Clark was also ordered to pay $642,032 in restitution and to forfeit the same amount jointly and severally with her co-defendants.
In connection with her guilty plea, Clark admitted that, from approximately 2007 through February 2013, her co-conspirators called U.S. residents from Costa Rican call centers, falsely informing them that they had won a substantial cash prize in a “sweepstakes.” The victims, many of whom were elderly, were told that in order to receive the prize, they had to send money for a purported “refundable insurance fee.” Clark admitted that she picked up money from the victims and sent it to her co-conspirators in Costa Rica. Clark also admitted that she managed others who picked up money from the victims in the United States and that she kept a portion of the victims’ payments.
Clark also admitted that, once the victims sent money, her co-conspirators contacted the individuals again and falsely informed them that the prize amount had increased, either because of a clerical error or because another prize winner was disqualified. The victims then had to send additional money to pay for new purported fees to receive the now larger sweepstakes prize. The attempts to collect additional money from the victims continued until an individual either ran out of money or discovered the fraudulent nature of the scheme.
Clark admitted that, along with her co-conspirators, she was responsible for approximately $640,000 in losses to more than a hundred U.S. citizens.
This case is being investigated by the U.S. Postal Inspection Service, Internal Revenue Service, FBI, Federal Trade Commission and Department of Homeland Security. The case is being prosecuted by Senior Litigation Counsel Patrick M. Donley and Trial Attorney William H. Bowne of the Criminal Division’s Fraud Section.
Business Owners Charged with Defrauding CDC and IRSRead the Press Release
ATLANTA - Cesar Arbelaez Tabares and Juan Carlos Bazantes have been arraigned after being indicted on federal charges of defrauding the IRS and the Centers for Disease Control and Prevention (CDC) by intentionally misrepresenting the employment status of construction workers on a federal contract.
“Employers are required to truthfully account for their employees and withhold federal employment taxes on their behalf,” said U.S. Attorney John Horn. “These defendants allegedly committed fraud in connection with a construction project for the CDC by maintaining a double payroll system that concealed the true employment status of their workers and denied the IRS its collection of employment taxes in the process.”
“Business owners have an inescapable obligation to withhold income taxes for employees and remit those taxes to the Internal Revenue Service,” stated Special Agent in Charge Veronica F. Hyman-Pillot. “Corporate officers, who neglect to withhold payroll taxes and remit them to the IRS in order to gain a competitive advantage, will be prosecuted to the fullest extent of the law.”
“Providing false information to a CDC contract administrator in order to stay in compliance with federal contracting guidelines will not be tolerated,” said Derrick L. Jackson, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General in Atlanta. “The integrity of federal projects requires that contractors adhere to a strict code of conduct.”
According to U.S. Attorney Horn, the charges, and other information presented in court: Cesar Arbelaez Tabares was the Chief Executive Officer and Juan Carlos Bazantes was the Secretary and Chief Financial Officer of IWES Contractors, Inc. (“IWES”), a Norcross-based business that supplied drywall laborers to contractors and subcontractors for construction projects. Beginning in 2012, IWES supplied drywall laborers for a construction project with the CDC.
Under the direction of Tabares and Bazantes, IWES allegedly maintained a double payroll system for its workers on the CDC project, which internally classified those workers as either “W2.REAL” or “W2.F.2CHK”. Those workers who were classified as “W2.REAL” received one paycheck each pay period with employment taxes withheld, received an IRS Form W-2 at the end of the calendar year, and were reported on quarterly employment taxes filed by IWES with the IRS.
Those workers who were classified as “W2.F.2CHK” received two paychecks simultaneously each pay period. The first paycheck totaled the worker’s net pay (gross wages minus employment taxes withheld), while the second paycheck received by the worker totaled the employment taxes withheld from the first paycheck so that the worker, in reality, was receiving his or her gross wages with no tax withholdings. Workers classified as “W2.F.2CHK” performed many of the same job duties as those who were classified as “W2.REAL” and should have been likewise treated as employees, but they allegedly did not receive an IRS Form W-2 at the end of the calendar year and were not reported on quarterly employment taxes filed by IWES with the IRS.
In connection with its subcontracting work on the federal project with the CDC, Tabares and Bazantes allegedly caused IWES to submit fraudulent certified payroll forms, signed under penalty of perjury by Tabares, which falsely represented that employment taxes had been withheld for all of the IWES workers on the CDC project, including those whom IWES had internally classified as “W2.F.2CHK” and whose employment tax withholdings were being returned to the employee in the form of a simultaneous second paycheck. Between approximately January 2012 and April 2013, Tabares and Bazantes allegedly caused IWES to fail to report over $800,000 in wages to the IRS.
Cesar Arbelaez Tabares, 35, of Pembroke Pines, Florida, and Juan Carlos Bazantes, 43, of Miami, Florida, were arraigned today before United States Magistrate Judge Alan J. Baverman. They were indicted by a federal grand jury on July 28, 2015.
Members of the public are reminded that the indictment only contains charges. The defendants are presumed innocent of the charges and it will be the government’s burden to prove the defendants’ guilt beyond a reasonable doubt at trial.
Anyone who has information concerning the allegations described in the indictment is encouraged to contact IRS-Criminal Investigation at 404-338-7543.
This case is being investigated by the Internal Revenue Service Criminal Investigation, the Department of Labor-Office of Inspector General and the Department of Health and Human Services.
Assistant United States Attorney Steven D. Grimberg 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.
Brother and Girlfriend of Leader of Heroin Organization Plead GuiltyRead the Press Release
Six out of seven co-conspirators have pleaded guilty for their involvement in the organization’s distribution of between 30 and 90 kilograms of heroin
NORFOLK, Va. – Jerald Outten, 26, and Sherita Nicks, 41, both of Portsmouth, Virginia, pleaded guilty today for their involvement in a massive heroin trafficking operation.
Jerald Outten is the brother of Alonzo Outten, the head of the Outten Organization. Alonzo Outten and six of his co-conspirators were indicted by a grand jury on July 8, 2015. In the early morning hours of July 14, 2015, search warrants were executed simultaneously on 14 properties in Portsmouth, Chesapeake, and Suffolk, Virginia, by more than 250 law enforcement officials from three states and the District of Columbia. Less than a month later, six of the seven of the co-conspirators have pleaded guilty to conspiracy to manufacture, distribute, and possess with the intent to distribute heroin. Jermaine Jones and Garnett Brown pleaded guilty on July 29, 2015. Alonzo Outten pleaded guilty on July 30, 2015; and Troy Gay, responsible for distributing heroin that led to five overdoses, pleaded guilty on Aug. 6, 2015. Alonzo Outten’s girlfriend, Latina Jackson, pleaded guilty to maintaining a drug premises on July 29, 2015.
According to court documents, Jerald Outten was arrested on July 14, 2015, with 135 grams of raw heroin, a .40 caliber firearm, and $1,702 in cash.
According to court documents, Sherita Nicks exchanged a series of text messages with Alonzo Outten and her New York suppliers negotiating the purchase of heroin and cocaine. Ms. Nicks was subsequently arrested by Delaware State Police in November 2013 with over 500 grams of heroin and 168 grams of cocaine. Nicks was a wanted fugitive for her crimes in Delaware until she turned herself in to federal authorities on July 20, 2015.
Alonzo Outten, the leader of the organization from November 2013 to July 2015, managed the manufacture and distribution of between 30 and 90 kilograms of heroin (an estimated street value between $1.5 and $4.5 million dollars). The Outten Organization supplied kilogram amounts of heroin to at least two Bloods gang sets: the Imperial Gangsta Bloods led by “godfather” Chris Smith a/k/a “Killa” who pled guilty July 28, and the Gorilla Mafia Piru gang led by “godfather” Theodore Vann a/k/a “Flatline” who pled on June 25, 2015.
Jerald Outten faces a mandatory minimum sentence of 10 years in prison and a maximum sentence of life in prison when he is sentenced on November 17, 2015. Sherita Nicks, who is originally from Brooklyn, New York, faces a mandatory minimum sentence of 5 years in prison and a maximum sentence of 40 years in prison when she is sentenced on November 17, 2015.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Mark R. Herring, Attorney General of Virginia; and John S. Adams, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after the pleas were accepted by U.S. District Judge Mark S. Davis.
This case was investigated by the FBI’s Norfolk Field Office and the Chesapeake Police Department with the assistance of the Portsmouth Police Department, the Virginia State Police, and the Naval Criminal Investigative Service. Virginia Assistant Attorney General and Special Assistant U.S. Attorney John F. Butler, and Assistant U.S. Attorneys Joseph E. DePadilla and Andrew C. Bosse are prosecuting the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:15-cr-80(Outten, et. al.); 2:15-cr-93(Jackson); 2:15cr7(Smith); and 2:15cr60(Vann).
Boston Man Charged with Illegal Gun TraffickingRead the Press Release
BOSTON – A Boston man was indicted today in U.S. District Court in Boston in connection with his role in a scheme to illegally transport firearms into Massachusetts.
Shayne Parker, 41, was indicted on one count of being a felon in possession of ammunition and one count of unlawful transportation of firearms in Massachusetts. In March 2015, Parker was arrested and charged in a criminal complaint. Parker has several felony convictions, including for violence and drug trafficking crimes.
According to court documents, Parker worked with a group of individuals responsible for the illegal purchase and transportation of between 20 and 25 firearms from New Hampshire to Boston. A joint investigation with New Hampshire law enforcement agencies revealed that Parker and another man traveled from Massachusetts, where they resided, to New Hampshire to illegally purchase firearms from gun dealers. After the illegal straw purchases were complete, Parker, and others under his direction, would transport the firearms to Dorchester and other areas of Massachusetts. The firearms were often traded for illegal narcotics. Numerous guns purchased and transported have been recovered at crime scenes on the streets of Boston.
Four other persons were previously charged in U.S. District Court in New Hampshire in connection with their roles in the gun trafficking scheme. During a search of Parker’s residence and another location in Boston, law enforcement officers seized a firearm, 50 rounds of ammunition, and firearm paraphernalia. Parker’s fingerprint was lifted from the box of ammunition.
The charge of being a felon in possession of ammunition provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000. The charge of unlawful transportation of firearms in Massachusetts provides for a sentence of no greater than five years in prison, three years of supervised release, and a fine of $250,000. 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; Daniel J. Kumor, Special Agent in Charge of the Bureau of Alcohol, Tobacco and Firearms, and Explosives, Boston Field Division; and Boston Police Commissioner William Evans, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Glenn A. Mackinlay of Ortiz’s Organized Crime and Gang Unit.
The details contained in the charging document are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in the court of law.
Aurora Man Pleads Guilty to Attempting to Join Jihadist Militant Group in SyriaRead the Press Release
CHICAGO — An Aurora man pleaded guilty in federal court Tuesday to charges he attempted to travel overseas to join a jihadist militant group in Syria.
ABDELLA AHMAD TOUNISI, 21, was arrested at O’Hare International Airport in April 2013 as he attempted to board a flight bound for Istanbul, Turkey. Tounisi had spent four months conducting online research related to overseas travel and violent jihad, focusing specifically on Syria and the Jabhat al-Nusrah terrorist group.
Tounisi had made online contact with an individual he believed to be a recruiter for Jabhat al-Nusrah. Tounisi and the purported recruiter exchanged a series of emails in which Tounisi shared his plan to get to Syria by way of Turkey, as well as his willingness to fight for the jihadist cause, according to a written plea agreement.
Tounisi pleaded guilty to one count of attempting to provide material support to a foreign terrorist organization. He faces a maximum of 15 years in prison and a $250,000 fine. U.S. District Judge Samuel Der-Yeghiayan scheduled a sentencing hearing for Dec. 9, 2015, at 10:30 a.m.
The guilty plea was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; and Robert J. Holley, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation. The investigation was conducted by the Chicago FBI’s Joint Terrorism Task Force, which is comprised of Special Agents of the FBI, officers of the Chicago Police Department, and representatives from an additional 20 federal, state and local law enforcement agencies. The Justice Department’s National Security Division assisted in the investigation.
“Foreign terrorist groups threaten the safety of the United States,” Mr. Fardon said. “The Joint Terrorism Task Force should be commended for uncovering this plan and preventing a terrorist organization from enlisting a new member.”
Jabhat al-Nusrah is listed by the U.S. Department of State as an alias for al-Qa’ida in Iraq (AQI), a designated foreign terrorist organization. During online exchanges with the purported recruiter, Tounisi said he planned to travel from Istanbul to the Turkish city of Gaziantep, which lies near the border of Turkey and Syria, and then in to Syria, according to the plea agreement.
Tounisi, who is a U.S. citizen, requested an expedited passport and purchased an airline ticket for the flight from Chicago to Istanbul. He arrived at O’Hare on the evening of April 19, 2013, and was arrested after passing through security in the international terminal.
The government is represented by Assistant United States Attorneys William Ridgway and Barry Jonas.
Plea Agreement
Albuquerque Man Sentenced for Submitting Fraudulent Claims to Veterans Affairs Medical CenterRead the Press Release
ALBUQUERQUE – Rick J. Serrano, 43, of Albuquerque, N.M., was sentenced this morning in federal court to three years of probation for submitting false and fraudulent claims to the Veterans Affairs Medical Center (VAMC) in Albuquerque. Serrano also was ordered to pay $23,399.78 in restitution to VAMC which represents the money he fraudulently obtained from the VAMC.
Serrano was indicted on April 24, 2013, on an indictment alleging that he submitted 146 fraudulent claims to the VAMC for travel beneficiary payments. Serrano pled guilty on Nov. 4, 2014, to a felony information charging him with making false, fictitious and fraudulent claims. In entering his guilty plea, Serrano admitted that from Sept. 2010 through Oct. 2012, he periodically traveled to the VAMC in Bernalillo County, N.M., to obtain authorized medical treatment and falsely claimed he travelled from Roswell, N.M., to do so. Serrano admitted his claims for travel cost reimbursement were false claims because they exceeded the costs for which he was entitled to reimbursement. Serrano acknowledged receiving $23,399.78 in travel cost reimbursements to which he was not entitled.
This case was investigated by the Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division, and was prosecuted by Assistant U.S. Attorneys Presiliano Torrez and William J. Pflugrath.
Monday 10 August 2015
Woman Enters Guilty Plea to Two Felony CountsRead the Press Release
ALBANY, NEW YORK – Former Town of Halfmoon Supervisor Melinda Wormuth pled guilty today to two felony counts charging her with extortion and making a false statement before Chief U.S. District Court Judge Gary L. Sharpe in federal court in Albany announced United States Attorney Richard S. Hartunian and Andrew W. Vale, Special Agent in Charge of the Albany Division of the Federal Bureau of Investigation.
United States Attorney Hartunian stated: "The defendant accepted money for taking official actions, and then lied to federal agents by claiming she had obtained prior approval for her corrupt conduct. This is yet another instance of an elected official who put her own interest ahead of the public’s. That is unacceptable at any level of government, whether in our state Capitol or in the counties and towns within the Northern District of New York."
"Ms. Wormuth chose to betray the public’s trust for personal gain," said Special Agent in Charge Andrew W. Vale. "Such actions have a real and negative impact on our system of government, and the FBI is committed to working with our law enforcement partners to investigate corruption at all levels of government."
The charges are the result of an investigation by the Federal-State Anti-Corruption Task Force that includes the Federal Bureau of Investigation, the New York Attorney General’s Office, the Internal Revenue Service, the New York Comptroller’s Office, and others. U.S. Attorney Hartunian thanked the FBI, the NYS Attorney General’s office, and the NYS Comptroller’s Office for their close collaboration and assistance in the investigation and prosecution of this case.
"Today’s guilty plea makes it clear that public officials who violate the law by misusing campaign funds will be held accountable," said Attorney General Schneiderman. "Public officials must be held to the highest ethical standards and I’m proud to continue working with partners in government to root out public corruption across New York State."
"Ms. Wormuth seemed oblivious to the requirements of public service, the first of which is honesty," State Comptroller Thomas P. DiNapoli said. "I hope her case serves as an example to any public official who might put their desires before the public good. I thank United States Attorney Richard Hartunian, Attorney General Eric Schneiderman and the Federal Bureau of Investigation for their partnership with us and their dedication to eliminating public corruption."
During the plea hearing, Melinda Wormuth admitted that she accepted money in return for her official actions. Specifically, she admitted that she received $7,500 in cash, which was characterized as "consulting fees," in return for using her official position as Town Supervisor and as a member of the Saratoga County Board of Supervisors to lobby for the legalization of professional Mixed Martial Arts ("MMA"). Between April 10, 2013 and August 10, 2013, Wormuth sent letters on her official letterhead as Supervisor of Halfmoon and as a Board Member of the County Board of Supervisors to state legislators in New York, requesting legislative action in favor of professional MMA. Wormuth performed no legitimate consulting work for this cash, and she accepted this cash understanding that she was expected to use her official position to promote legislative action in favor of professional MMA.
Wormuth also admitted that she lied to FBI agents during an interview on August 7, 2013. Specifically, Wormuth stated that she had consulted with "K.T.," a former Town Justice in Saratoga County, to obtain approval for her actions before taking the payments. This statement was false because she had not consulted with "K.T."
Wormuth faces a sentence of up to 12 months and one day of imprisonment, a fine of $7,500.00, and forfeiture in the amount of $5,500.00. Sentencing is scheduled for December 10, 2015, in Albany, New York.
The case is being prosecuted by Assistant United States Attorneys Ransom Reynolds and Jeffrey Coffman. Former Assistant United States Attorney John Duncan also worked on the prosecution.
Virginia Cocaine Dealer and Member of the Jenifer Drug Trafficking Organization Sentenced to 10 Years in PrisonRead the Press Release
Baltimore, Maryland – U.S. District Judge Richard D. Bennett sentenced Thomas Simmons, age 38, of Hampton, Virginia, today to 10 years in prison followed by five years of supervised release for conspiracy to distribute and possession with intent to distribute five kilograms or more of cocaine, in connection with his participation in the Jenifer drug trafficking organization (Jenifer DTO).
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Acting Assistant Special Agent in Charge Shawn R. Ellerman of the Drug Enforcement Administration, Baltimore District Office; Special Agent in Charge Thomas Jankowski of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office; Interim Commissioner Kevin Davis of the Baltimore Police Department; and Chief James W. Johnson of the Baltimore County Police Department.
According to his plea agreement, from September 2012 to October 2014, the Jenifer DTO supplied Simmons and others with kilogram-quantities of cocaine for distribution in and around the Baltimore-Washington metropolitan areas. The Jenifer DTO obtained its cocaine from suppliers in or around Houston, Texas. The Jenifer DTO transported money hidden in secret compartments in “courier vehicles” from Baltimore to Houston. The cocaine was then transported from Houston to Baltimore in the secret compartments in the courier vehicles. In September 2012 and July 2013, courier vehicles for the Jenifer DTO were intercepted in Chambers County, Texas and in Arkansas. The vehicles contained approximately 30 kilograms and 23 kilograms, respectively, of cocaine hidden in secret compartments. Between August 2013 and October 2014, approximately 30 shipments of cocaine were made to the Jenifer DTO.
Since June 2013, members of the Jenifer DTO made approximately 16 trips to Woodbridge, Virginia, to deliver kilograms of cocaine to Simmons. For example, on June 16, 2014, a co-defendant met Simmons in Woodbridge, Virginia to deliver four kilograms of cocaine. During a court-authorized wiretap law enforcement intercepted phone calls between Simmons and other members of the Jenifer DTO discussing and arranging deliveries of cocaine to Simmons. On June 24, 2014, during an intercepted phone call a co-conspirator advised Simmons that he would deliver “a deuce,” or two kilograms of cocaine, to Simmons. On June 25, 2014, law enforcement agents observed Simmons and the co-conspirator meet in Woodbridge, Virginia, and exchange a black bag. The two men left the area and Simmons was covertly followed by the Virginia State Police. Simmons was stopped by the Virginia State Police and a K-9 unit arrived at the scene to scan Simmons’s vehicle. The K-9 alerted to the presence of narcotics in the vehicle and the vehicle was searched. During the search law enforcement officers located a hidden compartment in the rear cargo area of Simmons’s vehicle that contained two kilograms of cocaine in a black bag and scented dryer sheets.
Simmons admitted that he was a member and co-conspirator of the Jenifer DTO, which was responsible for trafficking no less than 750 kilograms of cocaine from Houston to Baltimore from August 2013 to October 2014.
Co-conspirators William Hegie, age 54, Kermit Clark, age 44, and Elroy Johnson, age 49, all of Baltimore, previously pleaded guilty to their participation in the conspiracy and were each sentenced to 10 years in prison.
United States Attorney Rod J. Rosenstein praised the DEA, IRS Criminal Investigation and Baltimore City and County Police Departments for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney John W. Sippel, Jr., who prosecuted the case, and expressed his appreciation to the United States Attorney’s Offices for the Southern District of Texas and the Southern District of New York for their assistance in this Organized Crime Drug Enforcement Task Force case.
Tyler County Man Sentenced for Lying to Federal AgentsRead the Press Release
BEAUMONT, Texas - A 53-year-old Warren, Texas man has been sentenced to prison for lying to federal agents in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Anthony Welborn Jones pleaded guilty on Feb. 25, 2014, to making a false statement and was sentenced to 12 months in federal prison today by U.S. District Judge Ron Clark. Jones was also ordered to pay restitution in the amount of $114,433.37.
According to information presented in court, Jones was hired by the non-profit organization, the Hardin County Disaster Recovery Alliance (HCDRA), as the primary residential-repair building contractor to assist victims suffering from damage caused by Hurricane Rita’s impact on the Texas Gulf Coast on Sep. 24, 2005. An investigation revealed that Jones was paid for repairs to homes which he had not worked on or had never completed. When questioned by federal agents, Jones denied having been paid for the work he had not done. Jones was indicted by a federal grand jury on Nov. 28, 2012. On Feb. 25, 2014, he admitted to making the false statements and pleaded guilty.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and prosecuted by Assistant U.S. Attorney Joseph R. Batte.
Two Detroit men sentenced for oxycodone traffickingRead the Press Release
CLARKSBURG, WEST VIRGINIA – Cary Dailey, 26, and Lance Demarco Harris, 22, both of Detroit, Michigan, were sentenced in federal court today for prescription painkiller trafficking, United States Attorney William J. Ihlenfeld, II, announced.
An investigation by the Mon Valley Drug and Violent Crime Task Force revealed that Dailey and Harris were involved in the distribution of oxycodone in Monongalia County, West Virginia during the fall of 2014.
Dailey was sentenced today to 41 months in prison. He was discovered in possession of oxycodone in September 2014. He pled guilty in January 2015 to one count of “Aiding and Abetting the Possession with Intent to Distribute Oxycodone.”
Harris was sentenced today to 46 months in prison. He sold oxycodone in September 2014. He pled guilty in January 2015 to one count of “Distribution of Oxycodone.”
Assistant U.S. Attorney Zelda Wesley prosecuted the cases on behalf of the government.
U.S. District Judge Irene M. Keeley presided.
Tax Return Preparers Sentenced to Prison for Hiding Offshore Account and Assisting Wealthy Clients to Hide Millions in Secret Accounts at Israeli BanksRead the Press Release
Two tax return preparers with offices located in California, Maryland and New York were sentenced today in Los Angeles for facilitating an offshore tax fraud scheme, announced Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division.
David Kalai was sentenced to serve 36 months in prison to be followed by three years of supervised release, with a condition of home confinement to last the entire term of release, and ordered to pay a $286,000 fine, and Nadav Kalai, David Kalai’s son, was sentenced to serve 50 months in prison to be followed by three years of supervised release, and ordered to pay a $10,000 fine. The defendants’ sentences were imposed by U.S. District Judge Terry J. Hatter Jr. of the Central District of California.
On Dec. 19, 2014, a federal jury in Los Angeles convicted the Kalais of one count of conspiracy to defraud the Internal Revenue Service (IRS). The Kalais were also each convicted of two counts of willfully failing to file a Report of Foreign Bank and Financial Accounts (FBAR). An alleged co-conspirator, David Almog, who is charged in the second superseding indictment, remains a fugitive. The Kalais advised and assisted their high net-worth clients in concealing millions of dollars of assets and income in secret foreign bank accounts and filing false federal income tax returns. The defendants also maintained a secret offshore account of their own at Bank Leumi in Luxembourg in the name of a foreign sham corporation and failed to disclose the account to the IRS or the U.S. Treasury.
“The sentences imposed today make it clear that the department is aggressively prosecuting financial professionals like the Kalais, who assist U.S. taxpayers in concealing assets offshore and evading their tax and reporting obligations,” said Acting Assistant Attorney General Ciraolo. “The days of hiding behind numbered accounts and sham corporations are over; accountholders are coming in, accepting responsibility and cooperating against their accountants, attorneys and advisors who actively facilitated their criminal conduct.”
“Today’s sentencing of David and Nadav Kalai is another victory for American taxpayers as IRS-Criminal Investigation (CI) continues its pursuit to stop offshore tax evasion schemes and bring these criminals to justice,” said Chief Richard Weber of IRS-CI. “It is becoming increasingly difficult for criminals to hide their money offshore and IRS-CI will continue to level the playing field for all taxpayers by ensuring we are all playing by the same rules.”
According to the second superseding indictment and evidence introduced at trial, the Kalais were principals of United Revenue Service Inc. (URS), a tax return preparation business with 12 offices located throughout the United States. David Kalai worked primarily at URS’ former headquarters in Newport Beach, California, and later at URS’ location in Costa Mesa, California. Nadav Kalai worked out of URS’ headquarters in Bethesda, Maryland, as well as the locations in Newport Beach and Costa Mesa.
U.S. citizens, resident aliens and permanent legal residents have an obligation to report to the IRS on Schedule B of the U.S. Individual Income Tax Return, Form 1040, whether they had a financial interest in, or signature authority over, a financial account in a foreign country in a particular year by checking “Yes” or “No” in the appropriate box and identifying the country where the account was maintained. They are further obligated to report all income earned from the foreign financial account on the tax returns. Separately, U.S. citizens, resident aliens and permanent legal residents with a foreign financial interest in, or signatory authority over, a foreign financial account worth more than $10,000 in a particular year must also file an FBAR with the U.S. Treasury by June 30 of the following year disclosing such an account.
Evidence introduced at trial established that the co-conspirators purposefully prepared false individual income tax returns for their URS clients that did not disclose the clients’ foreign financial accounts nor report the income earned from those accounts. In order to conceal the clients’ income, ownership and control of assets from the IRS, the co-conspirators incorporated offshore companies in Belize and elsewhere and helped clients open secret bank accounts at the Luxembourg locations of two Israeli banks, Bank Leumi and Bank B. Bank Leumi is a large financial institution headquartered in Tel-Aviv, Israel, with worldwide branches. Bank B is also a financial institution headquartered in Tel-Aviv with a worldwide presence.
The sham corporations that the co-conspirators incorporated in Belize and elsewhere were used to act as named accountholders on the secret Israeli bank accounts. The co-conspirators then recommended and facilitated the transfer of client funds to the secret accounts and prepared and filed tax returns that falsely reported the money sent offshore as a false investment loss or a false business expense, or entirely omitted any income earned by a client from a foreign source. The Kalais also failed to disclose the clients’ secret accounts on tax returns that they prepared, and caused the clients to fail to file FBARs with the U.S. Treasury as required.
Three URS clients who testified at the Kalais’ trial have pleaded guilty to tax felonies arising from their participation in the scheme. On July 1, 2013, Alexei Iazlovsky, a client of URS and Nadav Kalai, pleaded guilty in U.S. District Court in Los Angeles to signing and filing a false federal income tax return for tax year 2008. According to court documents and evidence introduced at trial, Nadav Kalai facilitated the incorporation of a nominee Belize corporation for Iazlovsky, assisted Iazlovsky with setting up an offshore account in Luxembourg at one of the Israeli banks that was held in the name of the Belizean corporation and prepared false federal income tax returns, which Iazlovsky signed and filed with the IRS, that concealed the existence, assets and income of Iazlovsky’s offshore account. On Nadav Kalai’s advice, Iazlovsky diverted a total of $2.6 million in untaxed business receipts from Russian clients to his undeclared bank account in Luxembourg.
On July 17, 2013, Moshe Handelsman pleaded guilty in U.S. District Court in San Jose, California, to signing and filing a false income tax return for the 2007 tax year. According to court documents and evidence introduced at trial, Handelsman was David Kalai’s client since the 1990s. On David Kalai’s advice, Handelsman used three foreign bank accounts held in the names of two different sham foreign corporations to reduce his taxes. The last of those accounts was held at the Tel-Aviv branch of one of the Israeli banks. Nadav Kalai was Handelsman’s tax return preparer from 2003 through 2007. During those years, Handelsman sent approximately $1.47 million offshore, which was fraudulently deducted as a business expense on corporate tax returns prepared by Nadav Kalai.
On Feb. 2, Baruch Fogel pleaded guilty in U.S. District Court in Los Angeles to failing to file an FBAR declaring his Bank Leumi account in Luxembourg. According to court documents and evidence introduced at trial, David Kalai devised a scheme to reduce Fogel’s income taxes in 2002 and 2003 by using a sham offshore corporation and a secret offshore bank account at Bank Leumi Luxembourg held in the name of the offshore corporation. David Kalai’s scheme involved obtaining $8 million in loans from Bank Leumi USA and transferring that money through one or more of Fogel’s U.S. businesses to Fogel’s Luxembourg bank account. The $8 million in transfers were designed to make it appear that one or more of Fogel’s U.S. businesses incurred business expenses by paying Fogel’s offshore corporation. Once the paper trail was created, $8 million was fraudulently deducted as business expenses on Fogel’s corporate tax returns prepared by URS. David Kalai told Fogel not to disclose his control of the foreign bank account to U.S. authorities.
The evidence at trial also established that the Kalais each failed to file an FBAR for calendar years 2008 and 2009 with respect to a foreign account held at Bank Leumi in Luxembourg. According to the bank’s internal records from Luxembourg, the Kalais were the true owners of the account, which was held in the name of Anack Ltd., a nominee Belizean corporation. In 2008 and 2009, their offshore bank account had more than $300,000 on deposit.
Acting Assistant Attorney General Ciraolo commended the special agents of IRS-CI, who investigated the case, and Trial Attorneys Christopher S. Strauss and Ellen M. Quattrucci of the Tax Division, who prosecuted the case. Ciraolo also thanked Assistant U.S. Attorney and Chief of the Tax Division Sandra R. Brown of the U.S. Attorney’s Office of the Central District of California and her office for their substantial support and assistance.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Sunbury Man Charged with Receipt and Distribution of Child PornographyRead the Press Release
COLUMBUS, Ohio – Mark W. Wolfe, 50, of Sunbury, Ohio, surrendered this morning to the U.S. Marshal Service in Columbus, Ohio, after being charged by criminal complaint for receipt and distribution of child pornography.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, and Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI) announced the arrest.
According to the complaint, undercover investigators observed files containing child pornography being shared through an IP address belonging to Wolfe. During a search warrant executed on July 31 at Wolfe’s residence, investigators discovered a laptop containing approximately 486 videos and 203 images of child pornography. The files were located in several folders on the desktop of the computer under the user name “Mark.” Some of the videos showed children as young as eight-to-10 months old being sexually exploited.
Further forensic analysis of the computer revealed Skype chat messages between Wolfe and several other individuals. In these conversations, Wolfe allegedly claimed to have previously engaged in sex acts with minors and stated that his favorite age is five to ten years old.
Wolfe is scheduled for an initial appearance at 1:30pm today in front of Magistrate Judge Norah McCann King.
This case is being brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Stewart commended the investigation by the FBI Columbus Child Exploitation Task Force, which includes officers from the Westerville Police Department, Reynoldsburg Police Department and the Powell Police Department, as well as Assistant U.S. Attorney Heather A. Hill, who is prosecuting the case.
Charges contained in a criminal complaint are merely allegations. All defendants are presumed innocent until and unless proven guilty in court.
Springfield Residents Indicted for Heroin ConspiracyRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that six Springfield, Mo., residents are among seven defendants indicted for their roles in a heroin trafficking conspiracy.
Deauntee Q. Mosby, 21, of Oak Lawn, Ill., and Donald D. Johnson, 26, Dionne T. Ackerley, 37, Joseph M. Roat, 24, Joshua C. Leamon, 24, Zachary H. Vankirk, 27, and Arash J. Karimian, 34, all of Springfield, were charged in a 13-count indictment returned under seal by a federal grand jury in Springfield on July 22, 2015. That indictment has been unsealed and made public following the arrests and initial court appearances of several defendants.
The federal indictment alleges that each of the defendants participated in a conspiracy to distribute 100 grams or more of heroin in Greene County, Mo., between May 29, 2013, and Feb. 12, 2015.
In addition to the conspiracy, Johnson is charged with two counts of distributing heroin and one count of being a felon in possession of a firearm. Johnson allegedly was in possession of a Bushmaster Firearms .223-caliber semi-automatic rifle in May 2014.
Ackerley is also charged with possessing heroin with the intent to distribute and with being a drug addict in possession of firearms. Ackerley allegedly was in possession of a Glock 9mm semi-automatic pistol and a Smith and Wesson revolver on May 29, 2013.
Roat is also charged with two counts of distributing heroin. Roat and Karimian are also charged together in one count of possessing heroin with the intent to distribute. Mosby, Vankirk and Leamon are each also charged with one count of distributing heroin and Mosby is also charged with one count of possessing heroin with the intent to distribute.
Dickinson cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Nhan D. Nguyen. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Missouri State Highway Patrol and the Springfield, Mo., Police Department.
Southern California Man Enters Guilty Plea in Connection with Prison “Spice” Smuggling SchemeRead the Press Release
FRESNO, Calif. — James Steven Harris, aka Steve Harris, 45, of Loma Linda, pleaded guilty today in connection with his involvement in smuggling smokable synthetic cannabinoids into prison, United States Attorney Benjamin B. Wagner announced.
Steve Harris pleaded guilty to two counts of making false statements on Federal Bureau of Prisons (BOP) visitor forms that he was not in possession of contraband, knowing that he was in possession of “spice,” a smokable synthetic cannabinoid containing XLR11. Steve Harris acknowledged that on one occasion he successfully smuggled 15.5 grams of XLR11 into the federal prison at Taft for his brother Tracy McArthur Harris, aka Trey Harris, 42, an inmate, and later attempted to smuggle 34.3 grams of XLR11, along with four packages of rolling papers, into the prison.
Synthetic cannabinoids, commonly known as “spice” or “K2,” refer to a family of substances that act on the brain in a manner similar to delta-9 THC, the main psychoactive constituent of cannabis. According to the American Association of Poison Control Centers, the effects of synthetic cannabinoid usage can be life-threatening and can include: severe agitation and anxiety; fast, racing heartbeat; nausea and vomiting; muscle spasms, seizures, and tremors; psychotic episodes; and suicidal and thoughts or actions.
Steve Harris is scheduled for sentencing on October 26, 2015, before Senior U.S. District Judge Anthony W. Ishii. He faces a maximum statutory penalty of five years in prison and a $250,000 fine, as to each count. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Tracy Harris was subject to a prison disciplinary proceeding which added more time to his current 11-year prison term. He was also sentenced last month by Judge Ishii to a consecutive one year prison term for his involvement in obtaining the smokable synthetic cannabinoids from his brother.
This case is the product of an investigation by the Federal Bureau of Investigation and the Special Investigative Supervisor’s Office of Taft Correctional Institution. Assistant United States Attorney Karen A. Escobar is prosecuting the case.
Sierra National Forest Marijuana Cultivator Pleads GuiltyRead the Press Release
FRESNO, Calif. —Jose Antonio Reyna-Chavez (Reyna), 19, from Michoacán, Mexico, pleaded guilty today to conspiring to manufacture, distribute, and possess with intent to distribute marijuana and possessing a firearm in furtherance of a drug trafficking crime, United States Attorney Benjamin B. Wagner announced.
According to court documents, Reyna was involved in the cultivation of 1,539 marijuana plants in the Blue Canyon area of the Sierra National Forest in Fresno County when he attempted to flee from law enforcement officers. The cultivation operation was within three miles of a public campground and about seven miles from Shaver Lake. At the site, law enforcement officers found marijuana plants, processed marijuana, a digital scale, an AK-47 style assault rifle with a loaded high-capacity magazine, and a 12 gauge pump action shotgun. The marijuana cultivation operation also caused significant damage to the land and natural resources of the forest. Six large helicopter net loads of material and debris, including fertilizer, propane tanks, and poisons, were removed from the grow site. Reyna has agreed to pay $10,000 to the U.S. Forest Service to compensate it for the cleanup costs.
This case is the product of an investigation by the U.S. Forest Service, the California National Guard, and Fresno County Sheriff’s Office with assistance from the California Department of Fish and Wildlife. Assistant United States Attorney Karen A. Escobar is prosecuting the case.
Reyna was previously detained as a flight risk and danger to the community and is scheduled for sentencing on October 26, 2015. He faces 20 years in prison and a fine of $1 million for the drug conspiracy and a mandatory minimum consecutive five year term up to life in prison for the gun charge. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Shreveport man pleads guilty to possessing a rifle after being convicted of a felonyRead the Press Release
SHREVEPORT, La. – United States Attorney Stephanie A. Finley announced today that a Shreveport man pleaded guilty to possessing a firearm and ammunition after being convicted of a felony.
Daranski M. Wynder, 33, of Shreveport, pleaded guilty before U.S. District Judge S. Maurice Hicks Jr. to one count of possession of a firearm and ammunition by a convicted felon. According to evidence presented at the guilty plea, Shreveport police responded to calls on January 6, 2015 reporting that there was a man standing outside his residence with a rifle. Wynder was found at this residence with rifle bullets in his pocket. Police also found a 7.62 by 39 mm rifle and ammunition in his residence. Wynder was convicted in the 26th Judicial District Court in Webster Parish for monetary instrument abuse in 2011. He was also convicted in First Judicial District Court in Caddo Parish for attempted felon in possession of a firearm in 2005 and for simple burglary in 2001.
Wynder faces up to 10 years in prison, one to three years supervised release, a $250,000 fine, and forfeiture of the rifle and ammunition. A sentencing date of December 3, 2015 was set.
This case is part of Project Safe Neighborhoods, which is a Department of Justice initiative designed to reduce firearm crimes by removing dangerous and persistent felons from the community and promote firearm safety.
The ATF and the Shreveport Police Department conducted the investigation. Assistant U.S. Attorney Robert W. Gillespie Jr is prosecuting the case.
S.T.Y.L.E.Read the Press Release
The Daphne Police Department, along with the Mobile FBI and The United States Attorney Kenyen R. Brown of the Southern District of Alabama, announce they will be hosting Successful Tips for Youth on Law Enforcement Encounters, also known as S.T.Y.L.E. The S.T.Y.L.E program will take place at the Macedonia Baptist Church in Daphne on August 13th 2015. This program is specifically tailored for high school students, who will participate in several mock scenarios on how to engage law enforcement. These scenarios will include instructions on how to respond when approached by law enforcement officers while driving a car, on the street or at home. Additionally, in order to afford students with the opportunity to gain an appreciation for the split-second life or death decision law enforcement officers make on a daily basis, they will also have the opportunity to observe their chaperons participate in the FATS Simulator, which is a life sized video firearms training tool used by law enforcement. The program will conclude with the students participating in a roundtable discussion about the day’s events over lunch with individual officers.
The Daphne Police Department, United States Attorney Kenyen R. Brown and the Mobile FBI feel that law enforcement and the community it serves must "bridge the gap" with the recent events across the country. These tragic events can occur in smaller cities and rural areas as well as metropolitan areas. The Daphne Police Department would like to commend Special Agent in Charge of the Mobile FBI, Robert F. Lasky, and all of the agents and employees of the Mobile FBI along with Kenyen R. Brown, Southern District of Alabama United States Attorney, for their help in bringing this program to Daphne and the Macedonia Baptist Church.
This is an invitation for all media to cover the story. The program will begin at 9:00 am on August 13th and will last until approximately until 2:00 pm. Due to limited space, the program is full and not open to the public. The address is 902 Daphne Ave, Daphne, Alabama. We all hope to bring this program back to Daphne at a later date.
Rochester Man Pleads Guilty to Assaulting Mail CarrierRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Orlando Justice, 27, of Rochester, NY, pleaded guilty to assaulting a United States Postal Service mail carrier before U.S. District Judge David G. Larimer. The charge carries a maximum penalty of 20 years in prison and a fine of $250,000.Assistant U.S. Attorney John J. Field, who is handling the case, stated that Justice assaulted a mail carrier by threatening him with an assault-style rifle. The assault occurred after the mail carrier refused to deliver mail to defendant’s residence because he had been attacked by dogs. Subsequently, Justice also falsely claimed that the mail carrier had sprayed him with mace.
The plea is the culmination of an investigation by the United States Postal Service Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski and the Rochester Police Department, under the direction of Chief Michael Ciminelli.
Sentencing is scheduled for October 19, at 2:30 p.m. before Judge Larimer.
Police officer sentenced to 18 months in prison for accepting cash payments from Desperado’s Cabaret ownerRead the Press Release
LAFAYETTE, La. – United States Attorney Stephanie A. Finley announced today that a Carencro Police officer was sentenced to 18 months in prison for receiving cash payments from James Panos, former owner and manager of Desperado’s Cabaret, while the officer was in charge of regulating exotic dancer permits for the Carencro Police Department, and during a time Desperado’s operated as an illegal enterprise.
Timothy Prejean, 42, of Carencro, La., was sentenced by U.S. District Judge Richard T. Haik on one count of interference with commerce by extortion under color of official right. He was also sentenced to three years of supervised release. According to evidence presented at the March 25, 2015 guilty plea, Prejean accepted cash payments from James Panos during the years Prejean processed and delivered exotic dancer licenses for Desperado’s employees. Additionally, Prejean failed to investigate reported illegal activity at Desperado’s from 2007 to December 5, 2012. The illegal activity involved prostitution in the VIP room and drug distribution/use inside the business. During this time, Prejean was assigned as the liaison officer between the Carencro Police Department and Desperado’s for the purpose of enforcing local ordinances pertaining to exotic dancer licensing and related regulations.
Prejean improperly received a total of $10,000 in cash and other benefits from club owners James and Jennifer Panos while in performance of his regulatory duties. Other benefits included no cover charge to enter, free access to the VIP rooms, and free drinks.
James Panos, Jennifer Panos, and eight other defendants were charged in a 10-count indictment on May 15, 2013, alleging racketeering conspiracy, drug conspiracy, and firearms charges. The charges are the result of an investigation of drug trafficking, drug distribution, prostitution and other illegal activity that took place at Desperado’s Cabaret in Carencro located on Northeast Evangeline Thruway.
“Timothy Prejean took cash payment from a corrupt business, and in the process let down the police department and the community that he took an oath to serve,” Finley stated. “The people of Carencro deserve and expect more from their law enforcement officers. My office will continue to investigate all allegations of public corruption.”
James Panos, Jennifer Panos and the remaining defendants were sentenced on August 7, 2014. As part of the plea agreement, the owners agreed to forfeit illegal proceeds already seized, return proceeds illegally earned, and they agreed to forfeit the Desperado’s property to include the building and land.
The DEA, FBI, U.S. Department of Homeland Security Investigations, Louisiana State Police, and Lafayette Metro Narcotics investigated the case. Assistant U.S. Attorneys Myers P. Namie and Daniel J. McCoy prosecuted the case.
Paul Hebert Pleads Not Guilty to Social Security and Medicaid FraudRead the Press Release
The United States Attorney for the District of Vermont announced that Paul Hebert, 50, of Gloucester, Massachusetts, formerly of Barre, Vermont, pleaded not guilty today in United States District Court in Burlington to charges related to Social Security fraud and Medicaid fraud. U.S. Magistrate Judge John M. Conroy released Hebert on conditions pending trial, which has not been scheduled.
On July 23, 2015, a federal grand jury in Burlington returned a four-count indictment charging Hebert with making a false statement of material fact in a matter before the Social Security Administration; concealing and failing to disclose information material to the Social Security Administration’s determination of continued eligibility for benefits; concealing material facts in connection with a matter involving a health care benefit program; and making false statements on an application to receive Vermont Medicaid benefits. According to the indictment, Hebert falsely claimed to be disabled, living alone, with no income, no vehicle, and no assets, when, in fact, he was working as a tuna fisherman and appearing on television, lived with a woman and his child, owned a vehicle, and, at one point, owned a housing unit. The indictment alleges Hebert fraudulently obtained at least $34,500 of Social Security Income Program benefits and $9,500 of Medicaid benefits.
The United States Attorney emphasized that the charges in the indictment are merely accusations and that the defendant is presumed innocent unless and until he is proven guilty.
If convicted, Hebert faces up to five years imprisonment, and a fine of up to $250,000 on each count of the indictment. The actual sentence would be determined with reference to federal sentencing guidelines.
“The Social Security Administration’s Office of the Inspector General is committed to pursuing those who defraud Social Security’s vital programs and abuse the public trust,” said Scott Antolik, the Special Agent-in Charge of the SSA Office of Inspector General, Boston Field Division. “Supplemental Security Income is a critical safety net for our most vulnerable citizens, and we will continue to work to uphold its integrity through our collaborative efforts with State and Federal agencies.”
“Misrepresenting your income and life circumstances in order to receive Medicaid benefits, as alleged in this case, is illegal and a waste of funds designed to provide health care services for low income and disabled individuals,” said Special Agent in Charge Phillip M. Coyne, Department of Health and Human Services Office of Inspector General, Boston Regional Office. “Our agency will continue to work with our law enforcement partners to protect this program from fraud, waste and abuse.”
United States Attorney Eric S. Miller commended the efforts of the SSA Office of Inspector General, Boston Field Division; HHS Office of the Inspector General, Boston Regional Office; and the National Oceanic Atmospheric Administration, Office of Law Enforcement, in the investigation and prosecution of Hebert. Miller added, “Our office will continue to prioritize the prosecution of fraud cases, particularly when the alleged fraud involves taxpayer dollars intended to serve Vermonters who are most in need.”
Hebert was represented at the hearing by Timothy Fair, Esq. of Blodgett, Watts, Volk & Sussman, P.C. The prosecutor is Assistant U.S. Attorney Jonathan Ophardt.
Palm Coast Man Pleads Guilty to Federal Charge of Failure to Register as A Sex OffenderRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces today that Stephen Paul Cotton (43, Palm Coast) has pleaded guilty to a federal charge of failing to register as a sex offender after traveling from Florida to North Carolina. He faces up to 10 years in federal prison. A sentencing date has not yet been set. Cotton was arrested in Suwanee, Georgia on April 11, 2015.
According to court documents, in January 1999, Cotton was convicted of committing a lewd and lascivious act on a child in Manatee County. Subsequent to his conviction, and between 2004 and 2012, he registered as a sex offender with Florida authorities as required. However, between July 2012 and December 2014, Cotton traveled from Florida to Virginia, North Carolina, Tennessee, and Georgia, but failed to register as a sex offender as required by the Sex Offender Registration and Notification Act.
The Sex Offender Registration and Notification Act is part of the Adam Walsh Child Protection and Safety Act of 2006. The Adam Walsh Act provides for the use of federal law enforcement resources, including the United States Marshals Service, to assist state and local authorities in locating and apprehending non-compliant sex offenders.
This case was investigated by the United States Marshals Service, the Suwanee (Georgia) Police Department, the Flagler County Sheriff’s Office, and the Florida Department of Law Enforcement. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Orange County Man Pleads Guilty to Providing Material Support to ISIL and Making False Statements in Passport ApplicationRead the Press Release
SANTA ANA, California – A resident of the City of Orange pleaded guilty today to federal charges of attempting to provide material support to the Islamic State of Iraq and the Levant (ISIL) and making a false statement in a passport application.
Adam Dandach, 21, pleaded guilty before United States District Judge James V. Selna.
In a plea agreement filed today in federal court, Dandach admitted that, beginning in approximately November 2013 and continuing until July 2, 2014, he attempted to travel to Syria to join ISIL with the purpose of providing material support to the designated foreign terrorist organization. He further admitted that he knew that ISIL was a designated foreign terrorist organization that engaged in terrorist activity and terrorism.
“This case demonstrates the need for continued vigilance and swift action to fight the false allure of foreign terrorist organizations that threaten the security of the United States,” said United States Attorney Eileen M. Decker. “As Mr. Dandach succumbed to ISIL’s online recruiting efforts, the Joint Terrorism Task Force was able to uncover his plan before he left the United States, which prevented this young man from becoming a foreign fighter. As a result of today’s guilty pleas, Mr. Dandach now faces a lengthy term in federal prison.”
David Bowdich, the Assistant Director in Charge of the FBI'S Los Angeles Field Office, stated: “Mr. Dandach acknowledged his support for the Islamic State, a terrorist organization whose members are known for the torture and murder of innocent victims. The FBI and our Joint Terrorism Task Force partners are committed to disrupting the increasing trend concerning individuals who travel, or attempt to travel, from the United States to train with terrorists, and who thereby pose a potential threat of returning to commit attacks on U.S. soil.”
According to court documents, on July 1, 2014, Dandach purchased a ticket to fly from Santa Ana to Istanbul. The FBI intercepted Dandach at the John Wayne International Airport the following day. Dandach told FBI special agents that his ultimate destination was Syria and that he intended to pledge allegiance to ISIL’s leader, Abu Bakr al-Baghdadi. He explained that he wished to live under the control of ISIL and intended to undergo weapons training.
Dandach also admitted that he made a false statement in a passport application, namely that he had lost his previous passport. In fact, a family member had taken Dandach’s passport from him during the previous year when he expressed an interest in traveling to Syria.
“Adam Dandach attempted to travel to Syria to provide material support to ISIL, and lied in his passport application in order to do so,” said Assistant Attorney General for National Security John P. Carlin. “One of the National Security Division’s top priorities remains stemming the flow of foreign fighters and bringing to justice those who seek to provide material support to foreign designated terrorist organizations.”
Judge Selna is scheduled to sentence Dandach on January 11, 2016. At that time, the defendant will face a statutory maximum sentence of 15 years in federal prison for providing material support to a designated foreign terrorist organization and a statutory maximum sentence of 10 years for making a false statement in a passport application.
The investigation in this case was conducted by the FBI’s Joint Terrorism Task Force in Orange County.
The case is being prosecuted by Assistant U.S. Attorney Celeste Corlett of the Santa Ana branch office and Trial Attorney Annamartine Salick of the National Security Division’s Counterterrorism Section. Trial Attorneys Jolie Zimmerman and Kelly Harris of the National Security Division’s Counterterrorism Section are assisting in the prosecution.
Noble Man Sentenced to 22 Years in Federal Prison for Child PornographyRead the Press Release
Oklahoma City, Oklahoma –DONOVAN GENE MERCER, 45, of Noble, Oklahoma, was sentenced on Friday to serve 265 months in federal prison for viewing and attempting to view child pornography, announced Sanford C. Coats, United States Attorney for the Western District of Oklahoma.
On January 15, 2015, a federal jury found Mercer guilty of three counts of accessing, and attempting to access, with intent to view two hard drives and an SD card that contained child pornography. According to evidence presented at trial, Mercer used a peer-to-peer file sharing network on approximately 53 separate days in 2012 and 2013 to download and access child pornography on two hard drives and an SD card at his home. Trial evidence also showed that a federal agent downloaded child pornography from Mercer’s IP address, using the same peer-to-peer file sharing network, in August 2013. Federal agents executed a search warrant on Mercer’s home in December 2013 and seized his computer equipment. According to evidence presented at trial, child pornography had been deleted from Mercer’s hard drives and SD card, but it was identified and recovered by a computer forensic examiner. Finally, three adult witnesses testified at trial that Mercer sexually molested them years ago when they were children.
Last Friday, United States District Judge Vicki Miles-LaGrange sentenced Mercer to 265 months in federal prison. After his term of incarceration, Mercer must register as a sex offender and comply with conditions of supervised release for ten years. Mercer has been in federal custody since the jury’s guilty verdict on January 15, 2015.
This sentence is the result of an investigation conducted by the Federal Bureau of Investigation. The case was prosecuted by Assistant U.S. Attorneys Brandon Hale and Chris M. Stephens.
Reference is made to court filings for further information.
New York Resident Pleads Guilty to Wire Fraud Conspiracy ChargeRead the Press Release
ERIE, Pa. – A resident of Brooklyn, New York, pleaded guilty in federal court to a charge of conspiracy to commit wire fraud, United States Attorney David J. Hickton announced today.
William Sarfo, 42, pleaded guilty to one count before United States District Judge David S. Cercone.
In connection with the guilty plea, the court was advised that Sarfo allowed bank accounts in his name and under his control to be used as repositories for fraudulently obtained federal tax refunds. Sarfo would then withdraw the fraudulently obtained refunds, keep a portion for himself and give the remainder of the money to another co-defendant.
Judge Cercone scheduled sentencing for December 21, 2015 at 2:15 p.m. The law provides for a maximum total sentence of 20 years in prison, a maximum fine of $250,000 or twice the amount of loss to the victims, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigation conducted the investigation that led to the prosecution of Sarfo.
Members of Family-Based Alien Smuggling Organization Ordered to PrisonRead the Press Release
McALLEN, Texas – A husband and wife have been ordered to prison along with two others for their roles in a conspiracy to transport undocumented aliens within the U.S. by means of a motor vehicle, announced United States Attorney Kenneth Magidson. Jaime Brewster Sanchez, 40, and his wife Gabriela Garcia Candanoza, 37, both of Donna, pleaded guilty on May 7, 2015. Also sentenced were Martina Caballero-Flores, 50, and Lewis Brewster, 42, both also of Donna and who also previously pleaded guilty.
Today, U.S. District Judge Randy Crane found Sanchez and Candanoza were leaders in the organization. Sanchez was ordered to serve 57 months in federal prison and three years of supervised release. Candanoza was ordered to serve 51 months in federal prison. At the hearing, additional evidence was presented that showed Sanchez and Candanoza used their large family’s property located next to the Rio Grande river to conceal the undocumented aliens as they enter the United States. Sanchez and Candanoza would then coordinate the transfer of the undocumented aliens after arrangements were made with drivers to transport the aliens to other locations. Caballero-Flores ordered to serve 15 months followed by two years of supervised release, while Brewster was ordered to serve a 27-month-term and three years of supervised release.
Beginning in May 2014, special agents with Homeland Security Investigations (HSI) began an investigation on Sanchez and members of his family that were involved in transporting and harboring undocumented aliens. He would harbor and conceal undocumented aliens on his family’s real property located near the Rio Grande river in Donna. Brewster and his wife would coordinate with other members of the organization to bring in aliens from Mexico and temporarily harbor them at their residence until provisions were made to have the undocumented aliens transported to other stash houses.
Arredondo and Caballero-Flores were identified as drivers for the organization, while Brewster assisted the organization by directing the undocumented aliens to the different stash locations and by informing members of the organization for the presence of law enforcement.
All were ordered to remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
This prosecution was part of an investigation conducted by HSI and Border Patrol. Assistant U.S. Attorney Robert Wells Jr. prosecuted the case.
Man Sentenced to 2 Years in Prison for Violating Federal Sex Offender Registration LawsRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that CHRISTOPHER T. AGRITELLY, 31, formerly of New Britain, Conn., and Tempe, Ariz., was sentenced today by U.S. District Judge Alvin W. Thompson to 24 months of imprisonment, followed by eight years of supervised release, for violating federal sex offender registration laws.
The Sex Offender Registration and Notification Act (“SORNA”), which was passed by Congress in 2006 as part of the Adam Walsh Act, provides a comprehensive set of minimum standards for sex offender registration and notification in the United States and seeks to strengthen the nationwide network of sex offender registration and notification programs. In part, SORNA requires registered sex offenders to register and keep their registration current in each jurisdiction in which they reside, work, or go to school.
According to court documents and statements made in court, in September 2007, AGRITELLY was convicted in Connecticut Superior Court in New Britain of first degree sexual abuse and was sentenced to a term of incarceration of 15 years, execution suspended, seven years to serve, followed by 15 years of probation and mandatory lifetime sex offender registration. When he was released from prison in February 2013, AGRITELLY was informed of his registration obligations under SORNA.
AGRITELLY initially complied with Connecticut Sex Offender Registry requirements while he resided in New Britain after his release from prison. However, in August 2013, he failed to respond to an address verification request and a subsequent Notice of Violation sent by the Sex Offender Registry Unit. He also failed to report to his state probation officer. The state then obtained an arrest warrant for AGRITELLY for a violation of the terms and conditions of his probation.
On January 29, 2014, AGRITELLY was arrested by law enforcement in Tempe, Ariz., pursuant to the probation violation warrant issued in Connecticut. He never registered as a sex offender in Arizona.
AGRITELLY has been detained since his arrest. On December 2, 2014, he pleaded guilty to one count of failing to register as a sex offender.
AGRITELLY currently is serving a 78-month state prison term for violating his state probation and absconding to Arizona, and a two-year concurrent sentence for possessing a weapon while incarcerated. Judge Thompson ordered that AGRITELLY will begin serving his two-year federal sentence when he is released from state custody.
This matter was investigated by the U.S. Marshals Service and was prosecuted by Assistant U.S. Attorney Deborah R. Slater.
Lafayette man sentenced to 10 years in prison for bomb threat, bank robbery chargesRead the Press Release
LAFAYETTE, La. – United States Attorney Stephanie A. Finley announced today that a Lafayette man was sentenced to 120 months in prison for making a bomb threat and attempting to rob a bank.
Devin Haywood, 31, of Lafayette, was sentenced by U.S. District Judge Richard T. Haik on one count of using a facility in interstate commerce to willfully make a threat or maliciously convey false information, and one count of attempted bank robbery. He was also sentenced to three years of supervised release. According to the indictment, Haywood used a cell phone to make a bomb threat at 5:30 a.m. on July 16, 2014, to a local television station that there was a bomb at Girard Park in Lafayette and on the University of Louisiana at Lafayette campus. While law enforcement agents were investigating the bomb threats, Haywood attempted to rob a bank on Moss Street in Lafayette. Haywood approached two of the bank employees after they had arrived for work at the bank. He appeared to be carrying a gun. The two bank employees fled back to their vehicles and left the scene.
“Mr. Haywood used a fictitious bomb threat to divert law enforcement and other first responders to facilitate his attempt to rob a bank,” Finley stated. “He will spend the next 10 years in prison for his dangerous and disruptive actions. I want to thank the men and women from all of the area law enforcement agencies who responded professionally and promptly to this incident.”
The FBI, ATF, U.S. Marshals Service, Louisiana State Police, Lafayette Police Department, Lafayette Parish Sheriff’s Office, and the University of Louisiana at Lafayette Police Department investigated the case. Assistant U.S. Attorney John Luke Walker prosecuted the case.
KC Man Sentenced for Bank Robbery, Attempted Casino RobberyRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., man was sentenced in federal court today for robbing a bank and attempting to rob a casino.
James T. Smith, 63, of Kansas City, was sentenced by U.S. District Judge Dean Whipple to 16 years and seven months in federal prison without parole. Today’s sentence includes a two-year consecutive prison term for violating his supervised release on a 1996 bank robbery in Eau Claire, Wis., by committing these crimes. The court also ordered Smith to pay $1,053 in restitution to Commerce Bank.
Smith was convicted at trial on Nov. 19, 2014. Evidence introduced during the trial indicated that Smith used a demand note to steal $1,053 from Commerce Bank, 118 W. 47th Street, Kansas City, Mo., on May 18, 2013. Just after midnight the next morning, Smith threatened a cashier in an unsuccessful attempt to rob the Isle of Capri Casino, 1800 E. Front St., Kansas City, Mo. In both instances, Smith used a demand note and verbally threatened to blow up the bank and casino with nitroglycerin.
This case was prosecuted by Assistant U.S. Attorneys Christina Y. Tabor and Justin Davids. It was investigated by the FBI, the Kansas City, Mo., Police Department and the Missouri State Highway Patrol, Gaming Division.
Illinois Man Sentenced for Trafficking in Counterfeit Rolex WatchesRead 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 Frank Alvarado, 44 of Chicago, Illinois, who was convicted of trafficking in counterfeit goods, was sentenced to time served (10 months) and three years’ supervised release by U.S. Senior District Court Judge William Skretny.Assistant U.S. Attorney Kathleen A. Lynch, who handled the case, stated that on July 17, 2013, Alvarado entered a jewelry store located in Amherst, NY and offered a counterfeit “pre-owned” Rolex watch for sale. The defendant presented identification and a social security card as well as a local address and telephone number. The jeweler inspected the watch and found several known specific characteristics of Rolex watches, including the glass face tint color, location of serial numbers, fonts used, and color of gears inside the watch. The jeweler paid $2,200 by check for the watch, which Alvarado subsequently cashed at a bank across the street. An expert for Rolex Watch, U.S.A. subsequently examined the watch and determined that it bore a counterfeit Rolex “Crown Device” mark and that the watch and movement of the watch were not made or manufactured by Rolex. The retail pre-owned value of the genuine Rolex watch was $6000.
The defendant is being detained on outstanding warrants in other jurisdictions for similar offenses.
The sentencing is the culmination of an investigation by the Amherst Police Department, under the direction of Chief John Askey and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent in Charge J. Michael Kennedy.
Huntington woman pleads guilty to federal heroin chargeRead the Press Release
HUNTINGTON, W.Va. – A Huntington woman who participated in a heroin distribution conspiracy in 2012 and 2013 pleaded guilty today in federal court in Huntington, announced U.S. Attorney Booth Goodwin. Patricia Lee Dylan, 21, entered a guilty plea to maintaining a residence for the purpose of distributing and using heroin.
Between November of 2012 and March of 2013, Dylan was the tenant of an apartment located at 1231 10th Avenue in Huntington. During that period, Dylan allowed others to store heroin at her apartment after it was transported to Huntington from Detroit. Dylan also allowed others to distribute heroin from her apartment to various customers.
On March 8, 2013, agents with the Huntington FBI Drug Task Force executed a search warrant at Dylan’s apartment. During the search, agents seized heroin, a .32 caliber revolver, ammunition, and other items associated with the sale of heroin.
Dylan faces up to 20 years in federal prison, and is scheduled to be sentenced on November 9, 2015.
The Huntington FBI Drug Task Force conducted the investigation. Assistant United States Attorney Joseph F. Adams is responsible for the prosecution.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
Houma Interpreter Pleads Guilty on Day of TrialRead the Press Release
U.S. Attorney Kenneth A. Polite announced that TRINA MARIE BOURG, age 45, of Houma, entered a plea of guilty to all five counts of a Superseding Indictment for crimes involving the solicitation of illegal payments from undocumented clients and their family members.
BOURG faces a term of incarceration of up to of twenty years and a fine of $250,000 per count. U.S. District Judge Susie Morgan set sentencing for November 4, 2015.
According to court records, on May 7, 2014, the U.S. Department of Homeland Security-Homeland Security Investigations (“HSI”) received information that BOURG, who worked as a Spanish language interpreter contract employee for the Office of the District Defender for the 32nd Judicial District for Terrebonne Parish (“Public Defender’s Office”), was soliciting illegal payments from undocumented clients. According to a Factual Basis filed today in federal court, BOURG, while providing Spanish interpreting services for attorneys employed by the Public Defender’s Office, identified clients facing criminal charges who were subject to potential removal from the United States. BOURG then initiated contact with the client, or the client’s family, outside of the presence or knowledge of their court appointed attorney and falsely represented to the client or the client’s family that for a certain amount of money, she could bribe federal immigration officials not to seek federal prosecution or initiate removal proceedings against the client. BOURG charged the client, or the client’s family, approximately $2,000 to $4,000 and said she would use the money to pay federal immigration officials in order to secure the client’s release from immigration custody. BOURG pled guilty to knowingly devising a scheme and artifice to defraud undocumented Hispanic aliens and through false material misrepresentation was able to accomplish her scheme through lies, misrepresentations, coercion, and threats.
In 2011 and again in 2014, BOURG solicited illegal payments totaling more than $5,000 from Client “A” and his family members. BOURG admitted to employing threats and intimidation to coerce the family members into paying BOURG.
The Superseding Indictment also alleged that for a payment of $12,000 to $20,000, BOURG offered to marry one of her clients in order to improve his immigration status. Further, the Superseding Indictment alleged that BOURG attempted to have a client transfer the title of his vehicle and other property to BOURG.
It is important to note that no federal immigration officials have been implicated in this investigation, nor is it believed that any federal officials were complicit in BOURG’s crimes. BOURG was originally indicted in August 2014.
U.S. Attorney Polite praised the work of the U. S. Department of Homeland Security-HSI (McAllen, TX and Houma, LA offices), the Louisiana State Police-Criminal Investigation Division, and the Terrebonne Parish Sheriff’s Office in investigating this matter. Fraud Unit Chief, Assistant U. S. Attorney Brian M. Klebba and Assistant U.S. Attorney Marquest Meeks are in charge of the prosecution.
Guilty Plea in $3.4 Million Forex Investment SchemeRead the Press Release
BOSTON – A Quincy man pleaded guilty today in U.S. District Court in Boston in connection with a scheme which defrauded $3.4 million from sixty-five individuals who sought to invest in the foreign currency exchange market.
Marcellus Lopes Lee, 47, pleaded guilty today to sixteen counts of wire fraud and six counts of money laundering. Lee was indicted on those charges in July 2014. U.S. District Court Judge Indira Talwani scheduled sentencing for Nov. 2, 2015.
Lee owned and operated Taurus Global Markets, Ltd. (TGM), an entity which Lee held out as a company that engaged in foreign currency trading (forex) on behalf of investors. Lee defrauded investors by convincing them to wire funds to TGM’s Belize bank account for the purpose of trading in the highly-risky forex market. Lee, however, did not trade the investor money and instead used it for his personal expenses. Although TGM’s website represented that it had staff, management, and a computer network “distributed all across the world,” TGM, in fact, had no employees and Lee operated it by himself, primarily from his residence in Quincy. Lee also sent investors what purported to be account documents reflecting that their money was invested in the forex market. Eventually, most investors were told that most or all of their money had been lost in forex trading when, in reality, Lee had simply spent it.
The charge of wire fraud provides for a sentence of no greater than twenty years in prison, three years of supervised release, and a fine of $250,000. The charge of money laundering provides for a sentence of ten years in prison, three years of supervised release, and a fine of $250,000. 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; Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and William P. Offord, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Mark J. Balthazard of Ortiz’s Economic Crimes Unit.
Founder of Delta Homes and Lending Inc. Pleads Guilty to Mortgage Fraud SchemeRead the Press Release
SACRAMENTO, Calif. — Moctezuma Tovar, 46, of Sacramento, and Sandra Hermosillo, 53, of Woodland, pleaded guilty today to conspiring to commit wire fraud in connection with a mortgage fraud scheme, United States Attorney Benjamin B. Wagner announced.
According to court documents, Tovar was the founder and president of Delta Homes and Lending Inc., a Sacramento-based real estate and mortgage lending company. Delta Homes opened one office in 2003 and eventually had five offices in Sacramento and Woodland. As the president of Delta Homes, Tovar managed the day-to-day operations of the company and prepared and submitted residential home loan applications on behalf of Delta Homes’ clients. Hermosillo was a loan officer at the Woodland office and was also responsible for submitting residential home loan applications on clients’ behalf.
Between October 2004 and May 2007, both Tovar and Hermosillo conspired with others to obtain home loans from mortgage lenders based upon false and fraudulent loan applications and supporting documents that falsely represented the borrowers’ assets and income, liabilities and debts, and employment status. They provided money to the borrowers in order to inflate their bank account balances. Once the loans were secured, the borrowers returned the money to the defendants. The aggregate sales price of the homes involved in the conspiracy was in excess of $10 million. As a result of the conspiracy, mortgage lenders and others suffered losses of at least $4 million.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant United States Attorneys Jean M. Hobler and Brian A. Fogerty and Special Assistant United States Attorney Christine O’Neill are prosecuting the case.
Tovar and Hermosillo are scheduled to be sentenced by Senior United States District Judge William B. Shubb on December 7, 2015, along with co-defendants, Manuel Herrera, 35, of Sacramento, and Jun Michael Dirain, 42, of Antelope, who have already pleaded guilty in this case. Each defendant faces a maximum statutory penalty of 30 years in prison and a $1 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Co-defendants and licensed real estate agents Jaime Mayorga, 36, and Ruben Rodriguez, 38, both of Sacramento, as well as Christian Parada Renteria, 39, of Woodland, formerly a loan officer, have a trial date of September 22, 2015. The charges against Mayorga, Rodriguez and Parada Renteria are only allegations; these defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Fort Bliss Army Sergeant Sentenced to 20 Years in Federal Prison for Receipt of Approximately 200 Videos of Child PornographyRead the Press Release
On Friday afternoon, a federal judge in El Paso sentenced Stephen Thurwanger, a 36–year-old U.S. Army sergeant at Fort Bliss in El Paso, to 20 years in federal prison for receipt of approximately 200 videos of child pornography announced United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge Waldemar Rodriguez, El Paso Division.
In addition to the prison term, United States District Judge Frank Montalvo ordered that Thurwanger pay $8,500 restitution and be placed on supervised release for a period of ten years after completing his prison term.
On May 20, 2015, Thurwanger pleaded guilty to receipt of child pornography. According to court records, on October 20, 2014, HSI Cyber Crimes Group agents together with officers from the El Paso County Sheriff’s Office executed a search warrant at Thurwanger’s residence and seized various items including laptop computers, cell phones, and digital media storage devices. The child pornography was discovered during a subsequent forensics examination of the seized items.
Thurwanger has remained in federal custody since his arrest on October 20, 2014.
This case was investigated by Homeland Security Investigations together with the U.S. Army Criminal Investigation Command and the El Paso County Sheriff’s Office. Assistant U.S. Attorney Ian Hanna prosecuted this case on behalf of the Government.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Former Owner of Virginia Based Stonewood Marketing Pleads Guilty to Mail Fraud Diverted and Stole More Than $1.1 Million for Political Campaigns, PACs and Non-Profit OrganizationsRead the Press Release
Victims Included McConnell Senate Committee Defendant Admits to Purchasing Vacation Condominiums, Luxury Automobiles and Jewelry with the Stolen Funds
The former vendor for multiple local, state and federal campaigns, political action committees (PACs) and non-profit organizations throughout the United States, including the McConnell Senate Committee pleaded guilty to three charges of mail fraud today in U.S. District Court for stealing more than $1.1 million in contributions and donations intended for committees and organizations announced U.S. Attorney John E. Kuhn, Jr. of the Western District of Kentucky.
“Samuel Pate, while working in a position of trust for political campaigns, political action committees and non-profit groups, stole more than a million dollars,” said U.S. Attorney Kuhn, Jr. “These organizations – as well as earnest citizens trying to participate in the political process through contributions – were unknowingly victimized by Pate’s selfishness and avarice. He used the stolen funds for personal expenses, vacation homes, luxury vehicles and jewelry. Thus far, due to the efforts of my office and the FBI, nearly half of all the stolen funds have been recovered and are being returned to the victim organizations.”
“Mr. Pate intentionally diverted campaign contributions and political action committee donations for his own personal financial gain,” said Special Agent in Charge Howard S. Marshall of the Louisville Division for the FBI. “As such, Mr. Pate's actions subverted the political process by denying individuals their right to participate in the political process. In a democracy, there is simply no greater right than to elect our political leaders. Anyone attempting to corrupt the political process, in this way or any other, will be investigated as a top priority for our office."
Samuel K. Pate Jr., 52, of Forest, Virginia, owned and operated Stonewood Marking in Forest, Virginia. Campaigns, PACs and organizations contracted with Pate to process contributions received through direct mail and to maintain donor records when required by the Federal Election Commission (FEC). Donations were received by the Campaign, PACS and organizations through the mail at their local offices, then automatically forwarded through the U.S. mail to Stonewood Marketing for processing. Pate maintained designated bank accounts at BB&T for the deposit of donations and campaign contributions.
According to the federal information, from February 2008 through November 2014, Pate routinely misappropriated client funds by diverting funds from their designated accounts or transferring funds from client accounts into other bank accounts he controlled. During the course of the scheme he stole donations and contributions totaling approximately $1,124,274.35 that were intended for the following political campaigns, PACs and non-profit organizations: McConnell Senate Committee ($118,294); Christians in Defense of Israel ($319,691.09); House Conservative Fund ($30,614); Vitter for Senate (Louisiana) ($480,821.26); Catholic Advocates ($153,445); Jewish Voice ($150); Reagan Action ($1,025); Ten Commandments Commission ($2,098); Republican Majority Campaign ($11,300); Policy Issues Institute ($2,280); Defund Obamacare ($100); NRSC ($100); Randall Terry for Senate ($6); Freedom Defense Advocates ($990); Frontline Ministries ($1,150); Christian Anti-Defamation League ($2,020); and Live Prayer ($190).
During this period, Pate used the stolen and misappropriated funds to pay credit card bills, purchase vehicles, condominiums in Myrtle Beach, South Carolina, decorate a residence, pay family members and pay personal expenses.
From February 2008 through November 2014 Pate paid approximately $284,841.85 in personal American Express credit card bills using stolen funds and transferred approximately $237,100 in stolen funds to his personal American Express savings accounts.
Further Pate admits that on or about Oct. 21, 2010, through July 21, 2014, he used $28,104 in stolen funds from an Exodus Mandate account to pay condominium maintenance fees for both condominium unit 210 and unit 1015 located at 161 Seawatch Drive, Myrtle Beach, South Carolina. Pate further admits that on or about Dec. 13, 2010, he used $10,800 in stolen funds from the Christian-Anti-Defamation Commission bank account to purchase a 2007 Jeep Compass; on or about March 10, 2010, he used $14,765 in stolen funds from an Exodus Mandate bank account to a purchase a 2.02 carat diamond, round, H color, VS1 clarity; on or about Aug. 26, 2010 Pate admits that he wire transferred $76,271.68 to a trust account for the purchase of a condominium identified as 161 Seawatch Drive, Unit 210, Myrtle Beach, Horry County, South Carolina. The wire transfer was drawn on a Christian Anti-Defamation Commission bank account. On or about Oct. 13, 2010, Pate used $8,800 in stolen funds from the Christian Anti-Defamation Commission bank account to purchase a 2004 Lincoln Navigator; on or about Jan. 7, 2011, Pate used $16,000 in stolen funds from a Christian anti-Defamation Commission bank account to purchase a 2007 Cadillac Escalade ESV; on or about Dec. 22, 2011, Pate used $6,000 in stolen funds from the Exodus Mandate bank account to purchase a 2010 Cadillac SRX vehicle; on or about April 28, 2013, the defendant used $9,999.45 in stolen funds from a Christian Anti-Defamation Commission bank account to purchase a 2007 GMC Acadia sport utility vehicle; on or about July 8, 2012, the defendant used $17,250 in stolen funds from a Christian Anti-Defamation commission bank account to purchase a 2007 Jeep Wrangler sport utility vehicle; on or about July 29, 2013, Pate purchased a condominium identified as 161 Seawatch Dive, Unit 1015 Myrtle Beach, South Carolina for $241,000. The stolen funds used for this transaction included the following: from the sale of 161 Seawatch Drive for $102,889.72; $39,050.46 from a Christian Anti-Defamation Commission bank account; and $5,000 from an Exodus Mandate bank account. Further, between January 2014 through July 2014 Pate used $11,446.42 in stolen funds from an Exodus Mandate bank account to pay Sheila Morgan Interiors to redecorate his condominium. On or about May 8, 2014, Pate used $23,500 in stolen funds from the Exodus Mandate bank account to purchase a 2013 GMC Terrain sport utility vehicle; in June 2014 and July of 2014, the defendant used $9,300 in stolen funds from Exodus Mandate bank account to pay ACE Golf Carts for the purchase of a golf cart.
During this same period, Pate knowingly caused campaigns and PACS to file multiple false FEC Form 3, Report of Receipts and Disbursements, quarterly reports with the FEC that omitted the names and amounts of donor donations.
To date, the United States has collected approximately $508,928.00 from Pate through seizures on bank accounts and the sale of forfeited property that Pate purchased with the stolen funds.
If convicted at trial, Pate faced no more than 60 years in prison, a $750,000 fine and nine years of supervised release and forfeiture of any assets acquired through stolen funds. During sentencing, the U.S. District Judge assigned to this case is expected to order Pate to pay restitution. The restitution will be made in the form of reimbursements to campaigns, PACs and organizations. For donations made to defunct organizations, reimbursements will be sent directly to the contributor.
This case is being prosecuted by Assistant U.S. Attorney Bryan Calhoun and is being investigated by the FBI.
Former Owner of Virginia Based Stonewood Marketing Pleads Guilty to Mail Fraud - Diverted and Stole $1,124,273.35 Intended for Political Campaigns, PACs,And Non-Profit OrganizationsRead the Press Release
Victims included McConnell Senate Committee
Defendant admits to purchasing vacation condominiums, luxury automobiles and jewelry with the stolen funds
LOUISVILLE, Ky. – The former vendor for multiple local, state, and federal campaigns, PACs, and non-profit organizations throughout the United States, including the McConnell Senate Committee pleaded guilty to three charges of mail fraud today, in U.S. District Court, for stealing more than $1.1 million in contributions and donations intended for committees and organizations announced United States Attorney John E. Kuhn, Jr.
“Samuel Pate, while working in a position of trust for political campaigns, political action committees and non-profit groups, stole more than a million dollars,” stated U.S. Attorney Kuhn. “These organizations – as well as earnest citizens trying to participate in the political process through contributions – were unknowingly victimized by Pate’s selfishness and avarice. He used the stolen funds for personal expenses, vacation homes, luxury vehicles and jewelry. Thus far, due to the efforts of my office and the FBI, nearly half of all the stolen funds have been recovered and are being returned to the victim organizations.”
"Mr. Pate intentionally diverted campaign contributions and political action committee donations for his own personal financial gain. As such, Mr. Pate's actions subverted the political process by denying individuals their right to participate in the political process," stated SAC Howard S. Marshall, "In a democracy, there is simply no greater right than to elect our political leaders. Anyone attempting to corrupt the political process, in this way or any other, will be investigated as a top priority for our office."
Samuel K. Pate, Jr., age 52, of Forest, Virginia, owned and operated Stonewood Marking in Forest, Virginia. Campaigns, PACs, and organizations contracted with Pate to process contributions received through direct mail and to maintain donor records when required by the Federal Election Commission (FEC). Donations were received by the Campaign, PACS, and organizations through the mail at their local offices, then automatically forwarded through the U.S. mail to Stonewood Marketing for processing. Pate maintained designated bank accounts at BB&T for the deposit of donations and campaign contributions.
According to the federal information, from February 2008 through November 2014, Pate routinely misappropriated client funds by diverting funds from their designated accounts or transferring funds from client accounts into other bank accounts he controlled. During the course of the scheme he stole donations and contributions totaling approximately $1,124,274.35 that were intended for the following political campaigns, PACs, and non-profit organizations: McConnell Senate Committee - $118,294; Christians in Defense of Israel - $319,691.09; House Conservative Fund - $30,614; Vitter for Senate (Louisiana) - $480,821.26; Catholic Advocates - $153,445; Jewish Voice - $150; Reagan Action - $1,025; Ten Commandments Commission - $2,098; Republican Majority Campaign - $11,300; Policy Issues Institute - $2,280; Defund Obamacare - $100; NRSC - $100; Randall Terry for Senate - $6; Freedom Defense Advocates - $990; Frontline Ministries - $1,150; Christian Anti-Defamation League - $2,020; and Live Prayer - $190.
During this period, Pate used the stolen and misappropriated funds to pay credit card bills, purchase vehicles, condominiums in Myrtle Beach, South Carolina, decorate a residence, pay family members, and pay personal expenses.
From February 2008 through November 2014 Pate paid approximately $284,841.85 in personal American Express credit card bills using stolen funds and transferred approximately $237,100 in stolen funds to his personal American Express savings accounts.
Further Pate admits that on or about October 21, 2010, through July 21, 2014, he used $28,104 in stolen funds from an Exodus Mandate account to pay condominium maintenance fees for both condominium unit 210 and unit 1015 located at 161 Seawatch Drive, Myrtle Beach, South Carolina. Pate further admits that on or about December 13, 2010, he used $10,800 in stolen funds from the Christian-Anti-Defamation Commission bank account to purchase a 2007 Jeep Compass; on or about March 10, 2010, he used $14,765 in stolen funds from an Exodus Mandate bank account to a purchase a 2.02 carat diamond, round, H color, VS1 clarity; on or about August 26, 2010 Pate admits that he wire transferred $76,271.68 to a trust account for the purchase of a condominium identified as 161 Seawatch Drive, Unit 210, Myrtle Beach, Horry County, South Carolina. The wire transfer was drawn on a Christian Anti-Defamation Commission bank account. On or about October 13, 2010, Pate used $8,800 in stolen funds from the Christian Anti-Defamation Commission bank account to purchase a 2004 Lincoln Navigator; on or about January 7, 2011, Pate used $16,000 in stolen funds from a Christian anti-Defamation Commission bank account to purchase a 2007 Cadillac Escalade ESV; on or about December 22, 2011, Pate used $6,000 in stolen funds from the Exodus Mandate bank account to purchase a 2010 Cadillac SRX vehicle; on or about April 28, 2013, the defendant used $9,999.45 in stolen funds from a Christian Anti-Defamation Commission bank account to purchase a 2007 GMC Acadia sport utility vehicle; on or about July 8, 2012, the defendant used $17,250 in stolen funds from a Christian Anti-Defamation commission bank account to purchase a 2007 Jeep Wrangler sport utility vehicle; on or about July 29, 2013, Pate purchased a condominium identified as 161 Seawatch Dive, Unit 1015 Myrtle Beach, South Carolina for $241,000. The stolen funds used for this transaction included the following: from the sale of 161 Seawatch Drive for $102,889.72; $39,050.46 from a Christian Anti-Defamation Commission bank account; and $5,000 from an Exodus Mandate bank account. Further, between January 2014 through July 2014 Pate used $11,446.42 in stolen funds from an Exodus Mandate bank account to pay Sheila Morgan Interiors to redecorate his condominium. On or about May 8, 2014, Pate used $23,500 in stolen funds from the Exodus Mandate bank account to purchase a 2013 GMC Terrain sport utility vehicle; in June 2014 and July of 2014, the defendant used $9,300 in stolen funds from Exodus Mandate bank account to pay ACE Golf Carts for the purchase of a golf cart.
During this same period, Pate knowingly caused campaigns and PACS to file multiple false FEC Form 3, Report of Receipts and Disbursements, quarterly reports with the FEC that omitted the names and amounts of donor donations.
To date, the United States has collected approximately $508,928.00 from Pate through seizures on bank accounts and the sale of forfeited property that Pate purchased with the stolen funds.
If convicted at trial, Pate faced no more than 60 years in prison, a $750,000 fine, and nine years of supervised release and forfeiture of any assets acquired through stolen funds. During sentencing, the U.S. District Judge assigned to this case is expected to order Pate to pay restitution. The restitution will be made in the form of reimbursements to Campaigns, PACs and organizations. For donations made to defunct organizations, reimbursements will be sent directly to the contributor.
This case is being prosecuted by Assistant United States Attorney Bryan Calhoun and is being investigated by the Federal Bureau of Investigation (FBI).
Former New Jersey Resident Charged with Conspiracy and Attempt to Provide Material Support to ISILRead the Press Release
A former resident of Bergen County, New Jersey, was arrested this morning for allegedly conspiring and attempting to provide material support to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization.
The announcement was made by Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Paul J. Fishman of the District of New Jersey and Special Agent in Charge Richard M. Frankel of the FBI’s Newark, New Jersey, Division.
Nader Saadeh, 20, a former resident of Rutherford, New Jersey, is charged by complaint with conspiring with other individuals in New Jersey and New York to provide material support to ISIL and with attempting to provide material support to ISIL. He is scheduled to appear at 1:30 p.m. EDT before U.S. Magistrate Judge Cathy L. Waldor of the District of New Jersey.
According to documents filed in this case:
The FBI and the Joint Terrorism Task Force (JTTF) have been investigating a group of individuals from New York and New Jersey who have allegedly conspired to provide material support to ISIL. Nader Saadeh lived in Rutherford until leaving the country on May 5, 2015, allegedly to join ISIL. Nader Saadeh’s brother, Alaa Saadeh, was a resident of West New York, New Jersey, until he was arrested on June 29, 2015, and charged with conspiring to provide material support to ISIL, aiding and abetting an attempt to provide material support to ISIL and witness tampering. Samuel Rahamin Topaz was a resident of Fort Lee, New Jersey, until he was arrested on June 17, 2015, and charged with conspiring to provide material support to ISIL. Conspirator 1 (CC-1) was a Queens, New York, resident until he was arrested in New York on June 13, 2015, on terrorism charges.
Between 2012 and 2013, Nader Saadeh sent CC-1 electronic messages expressing his hatred for the United States and desire to form a small army that would include their friends. On July 1, 2014, the day ISIL’s leader declared an Islamic caliphate in Syria and Iraq, Nader Saadeh posted images of ISIL’s flag and the flag of the Islamic caliphate on his Facebook page.
According to an informant who was close to him for years, by April 2015, Nader Saadeh had become a radicalized supporter of ISIL who was preparing to travel overseas with other individuals. In addition, Nader Saadeh said that ISIL’s execution of a captured Jordanian Air Force pilot by burning him alive and the murders of several staff members of the French satirical magazine Charlie Hebdo in Paris earlier this year were justified.
During the investigation, the FBI obtained computer files showing that Nader Saadeh viewed ISIL propaganda videos and researched the availability of flights to Turkey, which borders Syria, where ISIL claims to control territory. The FBI also obtained electronic messages sent to Nader Saadeh on April 21, 2015, by family members living overseas, including his mother, who pleaded for him not to join ISIL.
On May 5, 2015, Nader Saadeh traveled overseas via John F. Kennedy International Airport, allegedly in order to join ISIL. On his way to the airport, while accompanied by Alaa Saadeh and CC-1, he said that he, Alaa Saadeh, CC-1 and Topaz had plans to reunite overseas within a few weeks.
On the day of his arrest, Topaz told the FBI that he agreed with Nader Saadeh, CC-1 and Alaa Saadeh to travel to join ISIL. In addition, Alaa Saadeh told the FBI in a post-arrest interview that he, Nader Saadeh and Topaz all watched ISIL propaganda videos together and discussed going overseas to join ISIL. Alaa Saadeh also stated that the night before Nader Saadeh left for Jordan, CC-1 provided Nader Saadeh with the name and number of an ISIL contact near the Turkey/Syria border who would facilitate his travel to ISIL-controlled territory.
Each count in the complaint carries a maximum of potential penalty of 20 years in prison and a fine of $250,000.
The case is being investigated by the FBI and JTTF. The case is being prosecuted by Assistant U.S. Attorneys L. Judson Welle, Dennis C. Carletta and Francisco J. Navarro of the District of New Jersey, with the assistance of Trial Attorney Robert Sander of the National Security Division’s Counterterrorism Section.
The charge and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Nader Saadeh Complaint
Former New Jersey Resident Charged with Conspiracy and Attempt to Provide Material Support to ISILRead the Press Release
NEWARK, N.J. – A former resident of Bergen County, New Jersey, was arrested this morning for allegedly conspiring and attempting to provide material support to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization, U.S. Attorney Paul J. Fishman of the District of New Jersey, Assistant Attorney General for National Security John P. Carlin, and Special Agent in Charge Richard M. Frankel of the FBI’s Newark Division announced.
Nader Saadeh, 20, a former resident of Rutherford, New Jersey, is charged by complaint with conspiring with other individuals in New Jersey and New York to provide services and personnel to ISIL, and with attempting to provide services and personnel to ISIL. He is scheduled to appear this afternoon before U.S. Magistrate Judge Cathy L. Waldor in Newark federal court.
According to documents filed in this and other cases:
The FBI and the Joint Terrorism Task Force (JTTF) have been investigating a group of individuals from New York and New Jersey who have allegedly conspired to provide material support to ISIL. Nader Saadeh lived in Rutherford until leaving the country on May 5, 2015, allegedly to join ISIL. Nader Saadeh’ s brother, Alaa Saadeh, of West New York, New Jersey, was arrested on June 29, 2015, and charged with conspiring to provide services and personnel to ISIL, aiding and abetting an attempt to provide services and personnel to ISIL, and witness tampering. Samuel Rahamin Topaz, of Fort Lee, New Jersey, was arrested on June 17, 2015, and charged with conspiring to provide services and personnel to ISIL. Conspirator 1 (CC-1) a Queens, New York, resident was arrested in New York on June 13, 2015, on terrorism charges.
Between 2012 and 2013, Nader Saadeh sent CC-1 electronic messages expressing his hatred for the United States and desire to form a small army that would include their friends. On July 1, 2014, the day ISIL’s leader declared an Islamic caliphate in Syria and Iraq, Nader Saadeh posted on his Facebook page images of ISIL’s flag and the flag of the Islamic caliphate.
According to an informant who was close to him for years, by April 2015, Nader Saadeh had become radicalized supporter of ISIL who was preparing to travel overseas with other individuals. Nader Saadeh said that ISIL’s execution of a captured Jordanian Air Force pilot by burning him alive and the murders of several staff members of the French satirical magazine Charlie Hebdo in Paris, France, earlier this year were justified.
The FBI obtained computer files showing that Nader Saadeh viewed ISIL propaganda videos and researched the availability of flights to Turkey, which borders Syria, where ISIL claims to control territory. The FBI also obtained electronic messages sent to Nader Saadeh on April 21, 2015, by family members living overseas, including his mother, who pleaded for him not to join ISIL.
On May 5, 2015, Nader Saadeh attempted to travel overseas via John F. Kennedy International Airport (JFK), allegedly in order to join ISIL. On his way to the airport, while accompanied by Alaa Saadeh and CC-1, he and stated that he, Alaa Saadeh, CC-1, and Topaz had plans to reunite overseas within a few weeks.
On the day of his arrest, Topaz told the FBI that he agreed with Nader Saadeh, CC-1, and Alaa Saadeh to travel to join ISIL. Alaa Saadeh told the FBI in a post-arrest interview that he, Nader Saadeh, and Topaz all watched ISIL propaganda videos together and discussed going overseas to join ISIL. Alaa also stated that the night before Nader Saadeh traveled overseas, CC-1 provided Nader Saadeh with the name and number of an ISIL contact near the Turkey/Syria border who would facilitate Nader Saadeh’s travel to ISIL-controlled territory.
Each count in the complaint carries a maximum of potential penalty of 20 years in prison and a fine of $250,000.
U.S. Attorney Fishman credited the FBI and the JTTF, under the direction of Special Agent in Charge Frankel, with the investigation leading to today’s arrest.
The government is represented by Assistant U.S. Attorneys L. Judson Welle, Dennis C. Carletta, and Francisco J. Navarro of the U.S. Attorney’s Office National Security Unit in Newark, with the assistance of Trial Attorney Robert J. Sander of the National Security Division’s Counterterrorism Section.
The charge and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Download Saadeh Nader Complaint
Former Hillview, Kentucky Police Chief Sentenced to Serve 24 Months’ Probation and Fined $5,000.00 for Making A False Statement to Federal AgentsRead the Press Release
LOUISVILLE, Ky. – Former Hillview, Kentucky Police Chief Glenn A. Caple was sentenced today in U.S. District Court, by Senior District Judge Charles R. Simpson III, to 24 months’ probation and ordered to pay a $5000.00 fine for making a false statement to federal agents when questioned about his knowledge and involvement in moving evidence found on an elected official’s property on January 4, 2012, announced U.S. Attorney John E. Kuhn, Jr.
Caple was unanimously convicted by a jury that deliberated just over one hour before reaching a guilty verdict on February 13, 2015. During the four-day trial, the United States successfully proved that Caple lied to federal agents on April 26, 2012, when he was questioned by the Federal Bureau of Investigation (FBI) about his involvement in directing subordinate Hillview Police officers to move evidence. The evidence was a mobile meth lab inside a backpack. Caple ordered the backpack moved from its original location at the residence of the Hillview mayor, but in an interview with FBI agents, he denied that the suspected backpack had been found by Hillview police on the mayor’s property and that he had asked a Hillview officer to move it off of the property.
Hillview, Kentucky is a city of approximately 9,400 residents located in Bullitt County, Kentucky near Jefferson County. Hillview police officers testified under oath that a mobile meth lab in a black backpack was found in a tire next to a garage on the mayor’s property. They further testified that Chief Caple asked a Hillview police officer to move the backpack to a location believed to be off of the mayor’s property and failed to report the incident, in order to protect the mayor from bad publicity.
This case was prosecuted by Assistant United States Attorneys Thomas Dyke and Marisa Ford and was investigated by the Louisville field office of the FBI.
Former Erie Man Facing 10 Years in Prison for Failing to Register as a Sex OffenderRead the Press Release
ERIE, Pa. - A former resident of Erie, Pennsylvania, pleaded guilty in federal court to a charge of failure to register under SORNA, United States Attorney David J. Hickton announced today.
James Foster Wilcox, 28, pleaded guilty to one count before United States District Judge David S. Cercone.
In connection with the guilty plea, the court was advised that Wilcox knowingly failed to update his registration as required by the Sex Offender Registration and Notification Act.
Judge Cercone scheduled sentencing for December 21, 2015 at 1:30 p.m. The law provides for a total sentence of 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The United States Marshal’s Service conducted the investigation that led to the prosecution of Wilcox.
Former Detroit man sentenced to more than six years in federal prison on firearm chargeRead the Press Release
HUNTINGTON, W.Va. – United States Attorney Booth Goodwin announced that a convicted felon originally from Detroit, Michigan was sentenced in federal court in Huntington today to seventy months in prison for unlawfully possessing a firearm. Joseph Lovell Cook, 22, previously pled guilty to possessing an SKS semi-automatic assault rifle on July 3, 2014, in Barboursville, West Virginia. Cook was prohibited from possessing the firearm because of a 2010 assault with a dangerous weapon conviction in Michigan and a 2012 drug trafficking conviction in Cabell County, West Virginia.
The FBI Drug Task Force and the DEA Task Force conducted the investigation. Assistant United States Attorneys Greg McVey and Jennifer Rada Herrald are responsible for the prosecution.
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.
Former Detroit man sentenced to federal prison on drug chargeRead the Press Release
HUNTINGTON, W.Va. – A former Detroit man was sentenced today to 41 months in prison on a federal drug charge, announced U.S. Attorney Booth Goodwin. Tony Searcy, 48, previously pled guilty in federal court in Huntington to possessing heroin with the intent to distribute it. Searcy admitted that on September 26, 2014, he traveled from Detroit, Michigan to Huntington, West Virginia, with approximately 100 grams of heroin that he intended to distribute.
The investigation was conducted by the DEA Task Force. Assistant United States Attorneys Greg McVey and Jennifer Rada Herrald are responsible for the prosecution.
This case is part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of pills and heroin in communities across the Southern District.
Former Assistant Band Director Pled Guilty in Identity Theft Tax Fraud Scheme Involving Former Students and Other Individuals’ Personal Identifying InformationRead the Press Release
A former assistant band director pled guilty for his participation in an identity theft tax fraud scheme involving former Broward County students and other individuals’ personal identifying information (PII).
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Neil Melofchik, Acting Special Agent in Charge, U.S. Secret Service (USSS), Miami Field Office, made the announcement.
Delvis Demaine Rogers, 27, of Hollywood, Florida, pled guilty to one count of possession of fifteen or more unauthorized access devices, in violation of Title 18, United States Code, Section 1029(a)(3), and one count of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A(a)(1). As part of his plea agreement, the defendant agreed to pay restitution in the amount of $129,321. At sentencing, the defendant faces a maximum statutory sentence of ten years in prison for the unauthorized access devices charge, and a mandatory term of two years in prison, consecutive to any other term of imprisonment, for the aggravated identity theft charge.
According to court documents, IRS-CI investigators noticed that 419 suspicious tax returns claiming refunds totaling $754,470 were filed from Rogers’ residential address from January 25, 2014 to April 20, 2014. Based on this information, a search warrant was executed at Rogers’ residence and agents discovered and seized papers, notes, and documents containing thousands of PII (including names, dates of birth, and social security numbers) including PII contained in records of more than a dozen Broward County School District students, some dating back to the late 1990s and others into the late 2000s. Agents also seized numerous printed 2013 tax returns.
Agents interviewed Rogers during the execution of the search warrant and he admitted to having prepared and filed hundreds of fraudulent tax returns without the permission of the people in whose names they were filed. Rogers further admitted that he electronically submitted the filings from his apartment. Rogers advised that he was employed as the band director at a school in Opa Locka, Florida, and that he previously was the assistant band director at a high school in Plantation, Florida.
Rogers is scheduled to be sentenced on October 23, 2015 at 9:30 a.m. before United States District Judge James I. Cohn.
Mr. Ferrer commended the investigative efforts of IRS-CI and the USSS. This case is being prosecuted by Assistant U.S. Attorneys Brooke C. Watson and Daya Nathan.
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.
Five Sentenced to Prison on Drug ChargesRead the Press Release
Gulfport, Miss - Five individuals have been sentenced by Chief U.S. District Judge Louis Guirola for their roles in a drug conspiracy case, announced U.S. Attorney Gregory K. Davis and DEA Special Agent in Charge Keith Brown.
On Thursday, August 6, 2015, Tonya Winn, 50, of Long Beach, was sentenced to 60 months in federal prison followed by three years of supervised release for attempted possession with intent to distribute marijuana; and Angel Case, 48, of Waveland was sentenced to 151 months in federal prison followed by five years of supervised release for possession with intent to distribute methamphetamine.
On Friday, August 7, 2015, Thomas Bernard, 34, of Pass Christian, was sentenced to 310 months in federal prison followed by five years of supervised release for attempted possession with intent to distribute cocaine; and Kenneth Casey, 41, of Gulfport, was sentenced to 480 months in federal prison followed by five years of supervised release for attempted possession with intent to distribute cocaine.
On July 1, 2015, Delano Lewis, of Kiln, was sentenced to 108 months in prison followed by three years of supervised released for conspiracy to possess with intent to distribute cocaine.
This case was investigated by the Drug Enforcement Administration and Homeland Security Investigations and prosecuted by Assistant U.S. Attorney Shundral H. Cole.
Erie Woman Pleads Guilty in Stolen Identity Refund Fraud SchemeRead the Press Release
ERIE, Pa. - A resident of Erie, Pennsylvania, pleaded guilty in federal court to a charge of aggravated identity theft, United States Attorney David J. Hickton announced today.
Katrina A. House, 45, pleaded guilty to one count before United States District Judge David S. Cercone.
In connection with the guilty plea, the court was advised that House conspired with another individual to defraud the United States by submitting false claims for income tax refunds using individuals’ identification information which was unlawfully obtained. House stole the identities of 71 individuals who were clients of a non-profit social service agency where House was employed. House and her co-defendant sought refunds from the IRS of more than $100,000.00 and used the stolen identities and falsified W-2 forms to perpetrate the fraudulent tax refund scheme. House and her co-defendant successfully obtained more than $60,000.00 in tax refunds from the fraudulent scheme and converted that money to their own use.
Judge Cercone scheduled sentencing for December 21, 2015 at 3:00 p.m. The law provides for a total sentence of 2 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Pending sentencing, the court continued House on bond.
Assistant United States Attorney Marshall J. Piccinini is prosecuting this case on behalf of the government.
The Internal Revenue Service, Criminal Investigation conducted the investigation that led to the prosecution of House.
Erie Man Sentenced to 5 Years in Prison for Cocaine DealRead the Press Release
ERIE, Pa. - A resident of Erie, Pennsylvania, has been sentenced in federal court to 60 months in jail and ordered to forfeit $142,780 and a Cadillac Escalade on his conviction of violating federal drug laws, United States Attorney David J. Hickton announced today.
United States District Judge David S. Cercone imposed the sentence on Dywon Rowan, 31.
According to information presented to the court, Dywon and his brother Levonne were arrested after ordering 3.5 kilograms of cocaine in exchange for $142,780. The cash was seized from them when they arrived in Edinboro, Pennsylvania to purchase the cocaine.
Assistant United States Attorney Marshall J. Piccinini prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended OCDETF, a federally administered Organized Crime and Drug Enforcement Task Force (OCDETF) headed by the Drug Enforcement Administration and Homeland Security Investigations and is comprised of members drawn from the Pennsylvania State Police, U.S. Border Patrol, the Internal Revenue Service, Criminal Investigation; the Pennsylvania Office of Attorney General Organized Crime Section, the U.S. Postal Inspection Service, the U.S. Marshals Service and the Bureau of Alcohol Tobacco Firearms and Explosives for the investigation leading to the successful prosecution of Rowan. The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Elm Grove woman pleads guilty to stealing deceased mother’s benefit paymentsRead the Press Release
SHREVEPORT, La. – United States Attorney Stephanie A. Finley announced today that a woman from Elm Grove pleaded guilty to stealing more than $36,000 worth of her deceased mother’s Worker’s Compensation benefits.
Rose M. Young, 60, of Elm Grove, La., pleaded guilty before U.S. Magistrate Judge Mark L. Hornsby to one count of theft of government funds. The plea will become final when accepted by U.S. District Judge Donald E. Walter. According to evidence presented at the guilty plea, after Young’s mother died, Young continued to receive and spend her mother’s Worker’s Compensation benefits without notifying the U.S. Department of Labor that her mother had died. Young received a total of $36,716.76.
Young faces up to 10 years in prison, one to three years supervised release, a $250,000 fine and restitution. A sentencing date of November 19, 2015 was set.
The U.S. Department of Labor, Office of Inspector General, conducted the investigation. Assistant U.S. Attorney Robert W. Gillespie Jr. is prosecuting the case.
Eight Defendants Sentenced in $24 Million Stolen Identity Refund Fraud RingRead the Press Release
Montgomery, Ala. – Eight residents of Alabama and Georgia were sentenced today for their roles in a $24 million Stolen Identity Refund Fraud (SIRF) conspiracy, announced U.S. Attorney George L. Beck Jr. for the Middle District of Alabama, and Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division.
U.S. District Court Judge Kristi K. DuBose imposed the following sentences on each defendant:
- Tracy Mitchell, of Phenix City, Alabama, was sentenced to serve 159 months in prison;
- Talarius Paige, of Phenix City, Alabama, was sentenced to serve 60 months in prison;
- Mequetta Snell-Quick, of Columbus, Georgia, was sentenced to serve 24 months plus one day in prison;
- Latasha Mitchell, of Phenix City, Alabama, was sentenced to serve 36 months in prison;
- Dameisha Mitchell, of Phenix City, Alabama, was sentenced to serve 65 months in prison;
- Sharonda Johnson, of Phenix City, Alabama, was sentenced to serve 24 months in prison;
- Patrice Taylor, of Midland, Georgia, was sentenced to serve 12 months plus one day in prison;
- Cynthia Johnson, of Phenix City, Alabama, was sentenced to two years of probation.
Restitution amounts will be determined after additional testimony and evidence is presented.
According to court documents and sentencing proceedings, between January 2011 and December 2013, Keisha Lanier and Tracy Mitchell led this large-scale identity theft ring in which they and their co-defendants filed over 9,000 false tax returns that claimed in excess of $24 million in fraudulent claims. The IRS paid out close to $10 million in fraudulent refunds. The defendants obtained stolen identities from various sources to be used in filing false returns, including from the U.S. Army, several Alabama State agencies, a Georgia call center, and employee records from a Georgia company. Tracy Mitchell worked at the hospital at Fort Benning, Georgia. As a hospital employee, Mitchell had access to the identification data of military personnel, including soldiers who were deployed to Afghanistan. Tracy Mitchell stole personal information of soldiers and used them to file false tax returns.
Tamika Floyd, a defendant in a related case, stole personal information from two Alabama state agencies and provided those names to Keisha Lanier of Seale, Alabama. Lanier provided those names to Tracy Mitchell, Latasha Mitchell, Talarius Paige, and others for use in filing false tax returns. Keisha Lanier also obtained stolen identities from the Alabama Department of Corrections. Talarius Paige and Patrice Taylor worked in a call center for a Columbus, Georgia payment-processing company and stole identities. Paige, in turn, used those identities to file false tax returns and filed some of the returns from Tracy Mitchell’s residence. Tracy and Latasha Mitchell also obtained employee files from a Columbus, Georgia company.
In order to file tax returns, the defendants obtained several Electronic Filing Numbers (“EFIN”) in the names of sham tax businesses. On behalf of those sham tax businesses, the defendants applied for bank products from various financial institutions, which mailed blank check stock to the defendants’ homes. The defendants directed anticipated tax refunds to prepaid debit cards, to U.S. Treasury Checks, and to financial institutions which in turn issued the refunds via checks or prepaid debit cards. When the refunds were sent through the financial institutions, the defendants simply printed out the refund checks from the check stock sent to their homes.
After a period of time, the financial institutions stopped allowing the defendants to print out the tax refund checks. In order to continue the operation, Tracy Mitchell and her family recruited postal employees into the scheme. The corrupt postal employees provided addresses on their routes to have the checks mailed and then obtained those checks from the mail for a fee.
Not only did the case involve a web of stolen names and sham tax businesses, the case involved a sophisticated money laundering operation. Close to $10 million in fraudulent tax refund checks were cashed at several businesses located in Alabama, Georgia, and Kentucky. To orchestrate and coordinate this massive check cashing scheme, the defendants communicated with text messages and kept detailed records. For instance, Sharondra Johnson worked at the Walmart money center in Columbus, Georgia, and as part of her employment, she cashed checks for customers of the money center. Dameisha Mitchell approached Sharondra Johnson about cashing tax refund checks issued in the names of other individuals. Sharondra Johnson agreed to cash the checks and communicated with Dameisha and Tracy Mitchell via text message. In an attempt to conceal the crime from Walmart, the defendants employed multiple individuals to bring the fraudulent checks to Johnson to have her cash them.
At sentencing, prosecutors read impact statements from several victims whose identities were stolen and from companies and governmental agencies where the identity theft breaches occurred. As one agency representative noted, the identity theft was not only devastating as to cost, but it had a chilling effect on their ability to serve the residents of this state. A mother of a young Army soldier who was a victim described the consequences of the fraud on her, her son, and her family, stating:
While [my son] was fighting for our country and all back home I received a very disturbing phone call from [an] Agent from the IRS that my son while at Ft Benning training to defend our country, the land of the free, had his identity stolen and fraudulent tax returns were filed with his social security number. This news was devastating, to think that my simply 19 year old son who was defending the very freedom this country stands [for] was wronged by one of those people [he] was willing to die for. My whole family could not believe what was happening. We now had to worry about this terrible act by one of our own. As I tried my best to keep composed and handle all of the gruesome mounds of paperwork to get this straightened out with the IRS, [he] was then denied his tax refund. This created a financial hardship on [him]. We were too afraid to tell [him] while he was deployed because we did not want to worry him and we wanted him to focus only on getting home alive and not have to worry about such an atrocious act by someone who did not even know [him].
Tamaica Hosksins, who was also charged in the same indictment, was previously sentenced to 145 months of imprisonment. Tamika Floyd was previously sentenced to 87 months of imprisonment. Sentencing for Keisha Lanier is scheduled for August 24, 2015.
"No sentence is too strong for those who prey on our fighting men and women,” stated U.S. Attorney Beck. “War is hell on the home front, too, and the family left behind holding things together must be strongly protected. Shame on those vultures who steal from our military and their families!"
“The sentences handed down today, following each defendant’s guilty plea, demonstrate the Tax Division’s commitment to rooting out SIRF crimes across the nation and prosecuting individuals at every level of these complex criminal conspiracies,” stated Acting Assistant Attorney General Ciraolo. She continued that, “victimizing Soldiers, citizens, and the U.S. Treasury will not be tolerated, and the Tax Division will continue to seek significant prison time for anyone involved in these schemes and ask courts to order defendants to pay full restitution to the government.”
“Today’s sentencing of eight criminals who used the identities of American service members and hospital patients to enrich themselves by stealing tax refunds demonstrates the depths of how far criminals will stoop and the extent to which IRS CI will go to fight identity theft,” said Richard Weber, Chief, IRS-Criminal Investigation. “We will use every available resource in collaboration with our law enforcement partners to combat these serious crimes.”
"Individuals who commit refund fraud and identity theft with this degree of trickery, dishonesty and deceit deserve to be punished to the fullest extent of the law," stated Special Agent in Charge Veronica F. Hyman-Pillot, Internal Revenue Service Criminal Investigation. "We, along with the United States Attorney's Office, continue to do our part in protecting the sanctity and integrity of the tax system."
U.S. Attorney Beck and Acting Assistant Attorney General Ciraolo commended special agents of the IRS - Criminal Investigation and the United States Army – Criminal Investigation Division, who investigated the case, and Trial Attorneys Michael C. Boteler and Gregory P. Bailey of the Tax Division and Assistant U.S. Attorneys Todd A. Brown, Jonathan S. Ross, and Kevin P. Davidson of the Middle District of Alabama, for prosecuting the case. Beck and Ciraolo also thanked the U.S. Attorney’s Office of the Middle District of Georgia for their assistance in the case.
East Saint Louis Man Sentenced for Firearm OffenseRead the Press Release
The United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today that Kasmiel Samuel Sumrall, 29, of East Saint Louis, was sentenced on the charge of Unlawful Possession of a Firearm by a Convicted Felon. The United States District Court in East Saint Louis sentenced Sumrall to serve 37 months in federal prison, to be followed by two years of supervised release. The district court also ordered Sumrall to pay a $250 fine and a $100 special assessment.
Court records indicate that Sumrall admitted that on October 6, 2014, in East Saint Louis, he possessed a 9-mm. caliber Ruger semi-automatic pistol handgun, its magazine and ten rounds of 9-mm. caliber ammunition, after he had previously been convicted on October 30, 2007, of the felony offense of Aggravated Fleeing or Attempting to Elude Police.
The case was investigated by the East Saint Louis Police Department, the East Saint Louis Housing Authority, and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney William E. Coonan.