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Thursday 6 August 2015
Rochester Man Sentenced in Plot to Murder A Witness in Sex Trafficking CaseRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Robert J. Palermo, 31, of Rochester, NY, who was convicted of conspiracy to murder a witness, was sentenced to 135 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorneys Tiffany H. Lee and Robert A. Marangola, who handled the case, stated that Palermo, who was in jail on pending federal charges of conspiracy to commit sex trafficking and sex trafficking of a minor, attempted to obtain a hitman to murder the 15 year-old female sex trafficking victim. Over the telephone and in letters, the defendant spoke to multiple individuals about his plot to have a hitman murder the victim in order to prevent her from testifying against him.
To bring the murder plot to fruition, Palermo provided the victim’s name, description and directions to an address as well as the phone number for a person outside of jail for the hitman to contact on behalf of Palermo. Law enforcement officers learned of the plot before any harm came to the victim.
The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation's Cyber Crimes Task Force, which includes the Rochester Police Department, under the direction of Chief Michael Ciminelli, the Monroe County Sheriff's Office, under the direction of Sheriff Patrick O'Flynn, and Special Agents of the Federal Bureau of Investigation, Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent in Charge J. Michael Kennedy, and the Monroe County District Attorney's Office, under the direction of Sandra Doorley.
Riceville Man Charged with Receipt and PossessionRead the Press Release
Adam Haacke, age 26, of Riceville, Iowa, has been charged with one count of receipt of child pornography and two counts of possession of child pornography. The charges are contained in an Indictment unsealed on August 3, 2015, in United States District Court in Cedar Rapids.
The Indictment alleges that, between 2014 and May 2015, Haacke received and possessed child pornography.
If convicted, Haacke faces a mandatory minimum sentence of five years’ imprisonment and a possible maximum sentence of sixty years’ imprisonment, a $750,000 fine, a $300 special assessment, and at least five years and up to life on supervised release following any imprisonment.
Haacke appeared for a detention hearing on June 5, 2015, in federal court in Cedar Rapids and was released on bond. Haacke’s next appearance for trial is set for October 5, 2015.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Hancock County Sheriff’s Office, the Mitchell County Sheriff’s Office, and the Mason City Police Department.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 15-2029.
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Plato Man Sentenced to 20 Years in Prison for Producing Child PornRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Plato, Mo., man who initially confessed during a pre-employment polygraph examination when he applied for employment at the Missouri State Highway Patrol was sentenced in federal court today for producing child pornography.
Cedric Lovejoy, 29, of Plato, was sentenced by U.S. District Judge M. Douglas Harpool to 20 years in federal prison without parole. The court also ordered Lovejoy to spend the rest of his life on supervised release following incarceration. Lovejoy pleaded guilty on Dec. 2, 2014.
Lovejoy participated in a pre-employment polygraph interview and examination conducted by the Missouri State Highway Patrol on Nov. 9, 2012. During the interview, Lovejoy confessed that he had taken video footage of himself receiving oral sex from the then-14-year-old victim. State troopers executed a search warrant at Lovejoy’s residence and seized his computers, which contained the child pornography video Lovejoy had taken with his cell phone.
This case was prosecuted by Assistant U.S. Attorney James J. Kelleher. It was investigated by the Missouri State Highway Patrol.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Pike County Ill., Man Charged with Transportation of a Minor with Intent to Engage in Illegal Sexual ActivityRead the Press Release
Springfield, Ill. - A federal grand jury today returned an indictment that charges Ralph David Hathaway, 46, of New Canton, Ill., with transportation of a minor with the intent to engage in illegal sexual activity and two counts of travel with intent to engage in illicit sexual conduct. Hathaway was previously charged in a criminal complaint filed in the Central District of Illinois. The complaint remained under seal pending Hathaway’s arrest.
On July 27, Hathaway was arrested in Troy, Mo., and appeared before U.S. Magistrate Judge Shirley P. Mensah in St. Louis. Hathaway has remained in the custody of the U.S. Marshals Service and will be transported to Springfield, Ill., for arraignment.
The indictment alleges that Hathaway transported a minor from the state of South Carolina to Missouri on June 6, 2015, for the purpose of engaging in illegal sexual activity. It also alleges that, in October 2013 and April 2014, Hathaway traveled from Illinois to South Carolina for the purpose of engaging in illicit sexual conduct with a person under 18 years of age.
If convicted, the statutory penalty is no less than 10 years in prison and up to life in prison.
The charges are the result of an investigation by the Federal Bureau of Investigation, Springfield, Ill., San Francisco, Calif., Charleston, S.C., and St. Louis, Mo. divisions; the Pike County Illinois Sheriff’s Office; St. Charles County (Mo.) Cyber Crime Task Force; the Lincoln County (Mo.) Sheriff’s Office; Horry County (S.C.) Police Department; San Mateo (Calif.) Police Department; and Daly City (Calif.) Police Department. The case is being prosecuted by Assistant U.S. Attorney Victor Yanz.
Members of the public are reminded that an indictment is merely an accusation; the defendant is presumed innocent unless proven guilty.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys= Offices and the Criminal Division=s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Philadelphia Man Charged with Bank Robbery and Attempted RobberiesRead the Press Release
PHILADELPHIA - Andre S. Lewis, 26, of Philadelphia, was charged today by indictment with bank robbery and attempted bank robbery, announced United States Attorney Zane David Memeger. According to the indictment, on June 15, 2015, Lewis robbed the Wells Fargo Bank located at 2843 N. Broad Street, Philadelphia, PA, and, on June 25, 2015 and July 14, 2015, he attempted to rob the Wells Fargo Bank located at 601 W. Erie Avenue, Philadelphia, PA.
If convicted the defendant faces a maximum possible sentence of 20 years in prison, three years of supervised release, a fine of $750,000, and a $300 special assessment.
The case was investigated by the Federal Bureau of Investigation, the Philadelphia Police Department, and the Philadelphia District Attorney=s Office, and is being prosecuted by Assistant United States Attorney Jessica Natali.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Pennsylvania Woman Sentenced for Possesion, Sale and Transprortation of A Stolen FirearmRead 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 Ciera Leann Bennett, 23, of Lawrenceville, Pennsylvania, who was convicted of possession and sale of a stolen firearm and transportation of a stolen firearm over state lines, was sentenced to 16 months in prison by U.S. District Judge Frank P. Geraci.
Assistant U.S. Attorney Charles E. Moynihan, who handled the case, stated that Bennett was arrested after an investigation by the Pennsylvania State Police into the theft of a .38 caliber revolver from owner, Peggy Bennett, who lived in Tioga, Pennsylvania. On April 26, 2012, Bennett and co-defendant Danelle Wilson transported the stolen .38 caliber revolver from Tioga, Pennsylvania, to Elmira, NY, and sold it in order to buy drugs.On December 31, 2012, the firearm was recovered in Ithaca, NY. Ballistic testing concluded that the firearm had been used in an officer-related shooting in October of 2012 which seriously injured an Ithaca police officer.
The sentencing is the culmination of an investigation by the Federal Bureau of Investigation and the Pennsylvania State Police.
Pennsylvania Man Sentenced to 7 Years in Prison for Traveling to Baltimore to Have Sex with a MinorRead the Press Release
Baltimore, Maryland – U.S. District Judge Richard D. Bennett sentenced Ryan C. Anton, age 42, of Elverson, Pennsylvania, today to seven years in prison followed by 10 years of supervised release for travel with intent to engage in illicit sexual conduct. Judge Bennett ordered that upon his release from prison, Anton must register as a sex offender in the place where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Acting Special Agent in Charge Ivan Arvelo of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); and Interim Commissioner Kevin Davis of the Baltimore Police Department.
According to his plea agreement, in July, 2014, as part of an investigation of individuals who were targeting minors online for sexual exploitation, an undercover Baltimore City Police detective placed an ad on the internet. On July 23, 2014, Anton initiated text messaging with the undercover detective. Anton believed that the detective was a 14 year old, hearing-impaired girl named Heidi who was in the 10th grade. After a series of exchanges of sexually-explicit text messages over a period of weeks, including the solicitation of pornographic images from “Heidi,” Anton relayed that he was on a bus to Baltimore, provided the bus number and attempted to convince “Heidi” to board the bus.
Baltimore City Police detectives assisted by HSI agents boarded the bus and arrested Anton. Anton admitted that the plan was for “Heidi” to get on the bus with him to travel to Washington, D.C. where he had booked a hotel room to have sex.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about internet safety education, please visit www.justice.gov/psc and click on the "resources" tab on the left of the page.
United States Attorney Rod J. Rosenstein commended the HSI Baltimore and Baltimore Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorneys Rachel M. Yasser and Aaron S. J. Zelinsky, who prosecuted the case.
Parties to Restore Significant Habitat in Washington State River to Resolve Natural Resource Damage Liability at the Thea Foss WaterwayRead the Press Release
More than 56 parties have agreed to restore key salmon habitat on the White River, which flows through King and Pierce Counties in Washington State, to resolve their liability for natural resource damages caused by hazardous substances released into the Thea Foss and Wheeler-Osgood Waterways in Tacoma’s Commencement Bay, the Justice Department, National Oceanic and Atmospheric Administration (NOAA) and Department of the Interior announced today.
The habitat project will reopen 121 acres of historic floodplain for salmon, and reduces future flood risk to nearby homes and businesses. The project results from the collaborative efforts of settling parties and natural resource trustees: NOAA, the Department of the Interior, the Washington State Department of Ecology, the Puyallup Tribe of Indians, and the Muckleshoot Indian Tribe.
Under a settlement filed in federal district court in Tacoma, the parties will fund the Countyline Levee Setback Project, which will restore and provide off-channel rearing habitat for salmon and steelhead on the Lower White River in the vicinity of Pacific, Auburn and Sumner, Wash. The White River is one of the Puget Sounds’s most important watersheds for imperiled salmon and steelhead. The project will also help reduce the risk of flood damage for more than 200 nearby homes and businesses by allowing floodwaters more room to flow without damage.
The parties will monitor and adaptively manage the project under a 10-year plan that ensures at least 32.5 acres of the site are inundated by the river and thus accessible to fish. The parties also will pay more than $1 million towards the natural resource trustees’ assessment, oversight and the long-term stewardship costs maintaining the environmental value of the project over the next 100 years and beyond.
“This settlement is an important step toward repairing damaged natural resources from pollution in Commencement Bay, restoring critical salmon habitat in the area watershed, and reducing flooding for residents,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division. “Through this settlement, we are again demonstrating our commitment to protecting and restoring vital natural resources in the Northwest, which will result in lasting benefits to people and their environment.”
The settling parties consist of companies, individuals, and government entities who are past or current owners and/or operators of or successors to facilities that released hazardous substances to the waterways. For many decades, the Thea Foss and Wheeler Osgood waterways received discharges of wastewater, chemical wastes, sludges, and miscellaneous industrial waste from a variety of industrial sources and sewers. The contaminants discharged to the waterways include PCBs, PAHs, cadmium, lead and zinc. Bis-2-ethyl hexylphthalate also was discovered to be widespread throughout the Thea Foss waterway at significant levels associated with biological effects.
This is the 20th natural resources settlement related to pollution in Commencement Bay, long the industrial heart of Tacoma. Through these settlements, more than 350 acres of salmon habitat will have been restored to offset the injuries to salmon and other fish from pollution of Commencement Bay.
“This is a great example of how providing sound habitat for our special salmon species provides benefits for people as well,” said General Counsel Lois Schiffer, NOAA. “These approaches improve the resilience of Northwest Communities.”
The settlement resolves the natural resource trustees’ claims against the settling parties, which are contained in a complaint filed with the consent decree. The complaint asserts claims for natural resource damages in Commencement Bay under the Superfund statute, the Clean Water Act, the Oil Pollution Act, and Washington’s Model Toxics Control Act.
The consent decree, lodged in the U.S. District Court for the Western District of Washington, is subject to a 30-day public comment period and approval by the federal court. A copy of the consent decree is available on the Justice Department website at www.justice.gov/enrd/Consent_Decrees.html.
Owner of Regional Healthcare, Llc Sentenced to Federal Prison for $5 Million Employment Tax Fraud SchemeRead the Press Release
BATON ROUGE, LA - United States Attorney Walt Green announced today that U.S. District Judge Shelly D. Dick sentenced CHARLES A. LANPHIER, age 69, of Lafayette, Louisiana, to 4 years in federal prison for his role in a lengthy employment tax scheme that defrauded the United States Treasury out of nearly $6 million. LANPHIER was immediately remanded into custody to begin serving his sentence. Following his release from prison, LANPHIER will be required to serve a 2-year term of supervised release. LANPHIER was also ordered to make restitution to the United States in the amount of $5,981,405.
On December 1, 2014, LANPHIER pled guilty to failing to truthfully account for and pay over taxes, in violation of Title 26, United States Code, Section 7202. As LANPHIER admitted at the time, at all times relevant to the investigation, he owned and controlled Regional Healthcare, LLC (“Regional”), a health care company with operations throughout Louisiana and Florida. As he withheld employment tax contributions from his employees, however, LANPHIER failed to file quarterly employment tax returns and failed to forward the taxes he had collected to the Internal Revenue Service (“IRS”). As LANPHIER previously admitted, his scheme lasted from 2008 through 2011 and caused a loss of more than $2.5 million. At today’s sentencing, the Court found that the defendant’s relevant conduct stretched back to 2005 and caused a loss of more than $5.9 million.
U.S. Attorney Walt Green stated: “My office is dedicated to working with the IRS-CI to pursue those who engage in complex financial crimes regardless of whether they work in the mail room or the corner office. Honest business owners deserve a level playing field, not one in which the corrupt get rich without consequence. My hope is that today’s sentence will illustrate the harsh reality awaiting those who defraud the taxpayers.”
Jerome R. McDuffie, Special Agent in Charge, IRS – Criminal Investigation, stated, “We are pleased with the sentence handed down by the Court in this matter. Charles Lanphier willfully failed to pay over employment taxes withheld from employee wages. He used his business, Regional Healthcare, to commit a fraud that ultimately resulted in the loss of tax revenue to the United States government and the loss of future social security and Medicare benefits for the affected employees. It is especially important to all of the hardworking taxpayers that Mr. Lanphier was held accountable for the widespread harm he caused.”
This matter is being handled by the United States Attorney’s Office for the Middle District of Louisiana and the New Orleans Office of the Internal Revenue Service, Criminal Investigations. It is being prosecuted by Assistant United States Attorney Alan A. Stevens, who serves as a Deputy Chief in the Criminal Division.
Owner and Director of Eden Prairie Daycare Center Sentenced for Theft of Public MoneyRead the Press Release
United States Attorney Andrew M. Luger today announced the sentencing of KHADRA ABDISAFAD HIRSI, 47, to one year and one day in federal prison for stealing money in the form of child care subsidies from the U.S. Department of Health and Human Services and the State of Minnesota. HIRSI was charged on January 23, 2015, and pleaded guilty on February 4, 2015, to one count of theft of public money. The defendant was sentenced today before Judge Donovan W. Frank in U.S. District Court in St. Paul, Minn.
According to her guilty plea and documents filed in court, HIRSI was the director and co-owner of Ace DayCare Center, Inc. (Ace DayCare) in Eden Prairie, Minn. Many of the families for whom Ace DayCare provided childcare services participated in the Child Care Assistance Program, which provides low-income families with childcare assistance. HIRSI was responsible for submitting truthful and accurate billing forms for childcare services provided by Ace DayCare to families participating in the Child Care Assistance Program. Under the Child Care Assistance Program, child-daycare providers submit billing forms for reimbursement directly to the counties where qualifying families reside.
According to documents filed in court, from at least November 2011 through May 2013, HIRSI knowingly submitted Child Care Assistance Program billing forms that falsely inflated the number of children who received childcare services provided by Ace DayCare. As a result, HIRSI defrauded the U.S. Department of Health and Human Services and the State of Minnesota out of $300,000.
“When people steal from this program, children are deprived of quality child care and all Minnesotans suffer,” said Jerry Kerber, Minnesota Department of Human Services inspector general. “The sentence imposed today recognizes the seriousness of this crime and should deter others from committing fraud against this important public program. DHS is grateful for the cooperation and hard work of the many agencies in this case and we will continue to work together to aggressively target fraud in public programs.”
This case resulted from an investigation conducted by the Federal Bureau of Investigation and the U.S. Department of Health and Human Services – Office of Inspector General.
U.S. Attorney Luger thanked the Minnesota Department of Human Services for their assistance.
This case was prosecuted by Assistant U.S. Attorney John E. Kokkinen.
Defendant Information:
KHADRA ABDISAFAD HIRSI, 47
Eden Prairie, Minn.
Convicted:
- Theft of Public Money, 1 count
Sentenced:
- 1 year and 1 day in prison
- Two years supervised release
- $300,000 in restitution
###
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Norristown Man Charged with Possession of Child PornographyRead the Press Release
PHILADELPHIA - William Keller III, 60, of Norristown Borough, PA, was charged today by indictment with receipt and possession of child pornography, announced United States Attorney Zane David Memeger. The indictment charges Keller with five counts of receiving child pornography and one count of possessing child pornography.
If convicted, the defendant faces a mandatory minimum five years in prison up to a maximum possible statutory sentence of 110 years in prison, a fine of up to $1.5 million, and up to a lifetime of supervised release.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case was investigated by Homeland Security Investigations and is being prosecuted by Assistant United States Attorney Paul W. Kaufman.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Nifty Fifty's Accountant Sentenced for Tax Fraud SchemeRead the Press Release
PHILADELPHIA - William J. Frio, 59, of Springfield Township, PA, was sentenced today to 60 months in prison for his role in a tax evasion scheme involving the Nifty Fifty’s restaurant chain as well as evasion of his own taxes, structuring of funds he embezzled from the organization, and loan fraud. Frio, who is an accountant and income tax preparer, provided services to the Nifty Fifty’s organization dating back to 1986. He pleaded guilty on January 26, 2015, to conspiracy to commit tax evasion, four counts of filing false tax returns, loan fraud and aggravated structuring of financial transactions. In addition to the prison term, U.S. District Court Judge Mary McLaughlin ordered $1.7 million restitution, a special assessment of $700, and four years of supervised release.
Frio and five others, including the restaurant chain’s owners and managers, participated in a long-running scheme to avoid paying millions of dollars in personal and employment taxes. The scheme defrauded the Internal Revenue Service by failing to properly account for more than $15 million in gross receipts. Frio and the owners and principals of Nifty Fifty’s conspired in a scheme to use skimmed cash to pay themselves and people and businesses who supplied goods and services to the Nifty Fifty’s restaurants, providing those persons and businesses with the opportunity to evade the payment of their own taxes. In 2008, Frio submitted a false loan application to Sovereign Bank, for a $417,000 mortgage for his personal residence. Frio submitted to the bank bogus federal income tax returns for 2006 and 2007, and bogus Forms W-2, falsely representing he had earned substantial income from Tanfasia, Inc., when, as the defendant knew, the 2006 and 2007 tax returns that he had actually submitted to the Internal Revenue Service showed far less income than the false returns supplied to Sovereign Bank, and that the defendant had not been employed by Tanfasia, Inc. in 2006 or 2007. Between January 2009 and November 2009, Frio knowingly structured transactions with Sovereign Bank, totaling more than $2.6 million, as part of a pattern of illegal activity involving transactions of more than $100,000 in a 12-month period. Frio used his position as the Nifty Fifty’s accountant to embezzle millions of dollars that belonged to the organization.
The case was investigated by IRS-Criminal Investigation and the FBI. It was prosecuted by Assistant United States Attorneys Paul G. Shapiro and Nancy E. Potts.
New York City Men Plead Guilty to Drug Conspiracy and Gun ChargesRead the Press Release
PLATTSBURGH, NEW YORK – On August 5 and 6, 2015, Patrick Lloyd, 27, and Michael Spencer, 27, pled guilty to conspiracy to possess with intent to distribute and to distribute controlled substances, as wells possession of firearms in furtherance of a drug trafficking crime, announced United States Attorney Richard S. Hartunian and Homeland Security Investigations Resident Agent in Charge Russell Linstad.
"I commend the excellent work of the federal, state and local law enforcement agencies in dismantling this drug trafficking organization," said United States Attorney Richard S. Hartunian. "This case serves as a strong message that we will vigorously pursue and prosecute all those who endanger our neighborhoods though the distribution of illegal drugs and illegal firearm activity."
"This plea is the result of the collaboration between law enforcement agencies, which was instrumental in successfully dismantling a major violent narcotics smuggling organization in this area," said Russell Linstad, Resident Agent in Charge of Homeland Security Investigations (HSI). "HSI will continue to utilize its broad authorities to aggressively target and take down groups who are distributing narcotics and posing a threat in our communities."
"The Massena Police Department is extremely pleased with the resolution of these cases and would like to thank our state and local partners, Homeland Security Investigations Border Enforcement Security Task Force, and the United States Attorney’s Office for their hard work," said Senior Investigator Joseph Brown of the Massena Police Department.
As a result of their drug conspiracy convictions, Lloyd and Spencer respectively face 20 and 10 year mandatory minimum sentences of imprisonment, and up to life imprisonment. The firearms convictions carry mandatory minimum sentences of 5 years imprisonment and up to life, which must be imposed to run consecutively to the sentence on the drug conspiracy convictions. As a result, Lloyd faces a 25 year mandatory minimum sentence and Spencer faces a 15 year mandatory minimum sentence of imprisonment. Lloyd’s sentencing is scheduled for December 2, 2015 at 11:00 a.m. and Spencer’s sentencing is scheduled for December 14, 2015 at 1:30 p.m., both in United States District Court in Albany, New York.
The investigation resulted in the conviction of 13 members of this conspiracy and revealed that the organization utilized suppliers in New York City to obtain large quantities of cocaine, heroin, and crack for redistribution in the Massena, New York area. Couriers were used to transport drugs from New York City to Massena, where the organization’s distribution network sold ounce and gram quantities to drug users and other wholesale drug dealers.
Homeland Security Investigations (HSI), the Massena Police Department (MPD), the Saint Lawrence County Sheriff’s Department and the New York State Police (NYSP) led the investigation.
The District Attorneys of Clinton, Franklin and St. Lawrence Counties, the Saint Regis Mohawk Tribal Police Department, the United States Customs and Border Protection Office of Air and Marine, the United States Customs and Border Protection Office of Field Operations, the Drug Enforcement Administration, the Royal Canadian Mounted Police, the New York Attorney General’s Office, the Oneida Indian Nation Police and the Customs and Border Protection United States Border Patrol assisted in the investigation.
This case was prosecuted by Assistant U.S. Attorney Katherine Kopita and Assistant U.S. Attorney Cyrus Rieck.
Nampa Woman Sentenced to 90 Months in Prison for Using Interstate Commerce Facilities to Hire Someone to Kill Her HusbandRead the Press Release
BOISE – Monique Christine Martinez, 33, of Nampa, Idaho, was sentenced yesterday to 90 months in prison for use of interstate commerce facilities in the commission of murder-for-hire, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Martinez to serve three years of supervised release upon completion of her prison sentence, and ordered that she have no contact with documented gang members or possess gang paraphernalia. Martinez pleaded guilty to the charge on May 12, 2015.
According to court documents, Martinez contacted an individual by Facebook in California in order to hire someone to kill her current boyfriend’s ex-girlfriend. Several days later, Martinez changed her mind and decided to hire a hit man to kill her husband. On October 17, 2014, Martinez met with an undercover FBI employee, whom she believed was a hit man. Martinez advised the undercover employee that she wanted her husband dead and provided $350 in U.S. currency and promised additional payment later in the week. She provided the undercover employee with a hand written note, which contained her husband’s name, the address of his employment and the address of his mother’s home, where he was recently living. Martinez showed the undercover employee photographs of her husband on her smartphone, provided his work schedule, described his tattoos, and described the vehicle he drove. Martinez suggested that the best time to kill her husband was either as he got off work or when he was leaving his gym. Martinez was arrested on October 22, 2014, at her residence in Nampa.
The case was investigated by the Treasure Valley Metro Violent Crimes Task Force. The Metro Task Force is comprised of federal, state and local agencies, including the Federal Bureau of Investigation; Bureau of Alcohol, Tobacco, Firearms and Explosives; Boise Police Department; Ada County Sheriff’s Office; Caldwell Police Department; Nampa Police Department; Meridian Police Department; Canyon County Sheriff’s Office; and the Idaho Department of Correction.
Nampa Man Sentenced for Selling MethamphetamineRead the Press Release
BOISE – Michael Bradshaw, 31, of Nampa, Idaho, was sentenced today to 66 months in prison for distributing methamphetamine, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Bradshaw to serve three years of supervised release following his prison term, during which Bradshaw may not have contact with documented gang members. Bradshaw pleaded guilty to the charge on May 26, 2015.
According to the plea agreement, Bradshaw admitted to selling methamphetamine to a police informant on September 16, 2013, and on October 9, 2013, in Nampa, Idaho.
This case and other related cases are the result of an investigation by the Treasure Valley Metro Violent Crimes Task Force, which focused on the “Norteno” Northside gang that is active in Nampa and other parts of the Treasure Valley. Fourteen individuals were indicted on drug and gun charges as a result of the investigation. In addition to Bradshaw, six other defendants have been sentenced. Guadalupe Serrano, 35, of Caldwell, was sentenced on April 21, 2015, to 75 months in prison for possession of methamphetamine with intent to distribute and for possessing firearms in furtherance of the drug trafficking crime. Nicole Danelle Nieto, 31, of Nampa, was sentenced on May 26, 2015, to 41 months in prison for distributing methamphetamine. Jose Manuel Menchaca, 35, of Nampa, was sentenced May 28, 2015, to 60 months in prison for distributing methamphetamine. On June 17, 2015, Brandi Larrea, 31, of Nampa, was sentenced to 48 months in prison for distributing methamphetamine and Tara Noelle Rivera, 30, of Nampa, was sentenced to 24 months in prison for distributing methamphetamine. Johnny Lee Martinez, 33, of Nampa, was sentenced on July 20, 2015, to 57 months in prison for distributing methamphetamine. Two others have pleaded guilty and are awaiting sentencing. Kenny P. Breedlove, 35, from California, is scheduled to be sentenced on October 15, 2015, and Guillermo Farias Jr., 29, from Nampa, is scheduled to be sentenced on August 20, 2015. Three others are scheduled for trial including Richard Lobato, 51, Jose Enrique Olvera Jr., 51, both from Nampa, and Isaac Bright, 21, from Caldwell. Two other defendants have outstanding warrants, including Ruben Rodriguez, 36, and Veronica Cantu, 26, both from Nampa.
These cases are the result of a joint investigation by the Treasure Valley Metro Violent Crime Task Force and the Organized Crime and Drug Enforcement Task Force (OCDETF). The Treasure Valley Metro Violent Crime Task Force is comprised of federal, state and local agencies, including the Federal Bureau of Investigation; Bureau of Alcohol, Tobacco, Firearms and Explosives; Boise Police Department; Ada County Sheriff’s Office; Caldwell Police Department; Nampa Police Department; Meridian Police Department; Canyon County Sheriff’s Office; and Idaho Department of Probation and Parole. The Organized Crime and Drug Enforcement Task Force (OCDETF), includes the cooperative law enforcement efforts of the Federal Bureau of Investigation; Drug Enforcement Administration; Bureau of Alcohol, Tobacco, Firearms and Explosives; U. S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Internal Revenue Service-Criminal Investigation; and U.S. Marshals Service. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
These cases are being prosecuted by the Special Assistant U.S. Attorney hired by the Treasure Valley Partnership, the Canyon County Prosecuting Attorney’s Office, and the State of Idaho to address gang crimes. The Treasure Valley Partnership is comprised of a group of elected officials in southwest Idaho dedicated to regional coordination, cooperation, and collaboration on creating coherent regional growth. For more information, visit treasurevalleypartners.org.
Muskogee Man Sentenced to 70 Months for Firearm PossessionRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that JOHNATHAN LOCKE DAVIS, age 35, of Muskogee, Oklahoma, was sentenced to 70 months imprisonment, followed by 36 months of supervised release for FELON IN POSSESSION OF A FIREARM, in violation of Title 18, United States Code, Section 922(g)(1).
Charges arose from an investigation by the Muskogee Police Department and the Federal Bureau of Investigation Violent Crime Task Force. The defendant was indicted in February, 2015 and pled guilty in March, 2015.
The Indictment alleged that on or about November 2, 2013, within the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, firearms, which had been shipped and transported in interstate commerce.
The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in the custody of the United States Marshal Service pending transportation to the designated federal facility in which he will serve his nonparolable sentence.
Assistant United States Attorney Rob Wallace represented the United States.
Mississippi man sentenced to 12 months in prison for assault at Fort PolkRead the Press Release
LAKE CHARLES, La. – United States Attorney Stephanie A. Finley announced today that a man from Mississippi was sentenced to 12 months and one day in prison for assaulting his ex-wife and striking a man in the head with a baseball bat on the Fort Polk military installation.
Justin Corey Thurston, 23, of McLain, Miss., was sentenced by U.S. District Judge Patricia Minaldi on one count of assault with a dangerous weapon. He was also sentenced to three years of supervised release. According to evidence presented at the April 30, 2015, guilty plea, Thurston visited the home of his estranged wife on September 6, 2014 at the Fort Polk military base to collect his personal belongings. While there, he and his wife engaged in an altercation leading to Thurston’s assault of his wife after she refused to give him her cellular telephone. He then exited the house, and the caller, who had heard the altercation on the phone, confronted Thurston. During the course of the confrontation, Thurston struck the caller in the head with a baseball bat, thereby causing him bodily injury.
The U.S. Army Criminal Investigation Command and the FBI conducted the investigation. Assistant U.S. Attorneys David C. Joseph and Joseph T. Mickel prosecuted the case.
Mexican National Sentenced for Illegal ReentryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that CARLOS RAMIREZ-VASQUEZ, age 38, a citizen of Mexico, was sentenced after previously pleading guilty to a one-count Indictment for illegal reentry of a removed alien.
U.S. District Judge Carl J. Barbier sentenced CARLOS RAMIREZ-VASQUEZ to time served, and a $100 special assessment. RAMIREZ-VASQUEZ will be surrendered to the custody of the U.S. Immigration and Customs Enforcement for removal proceedings.
According to court documents, on or about March 29, 2015, CARLOS RAMIREZ-VASQUEZ was found in the United States after having been officially deported and removed on or about April 17, 2000.
U.S. Attorney Polite praised the work of the United States Department of Homeland Security, Immigration and Customs Enforcement in investigating this matter. Assistant United States Attorney Irene González was in charge of the prosecution.
Manhattan U.S. Attorney and FBI Announce Return of Stolen Stradivarius Violin to Heirs of Musician Roman TotenbergRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, and Diego Rodriguez, Assistant Director-in-Charge New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today the return of a 1734 Stradivarius violin to the heirs of deceased violinist Roman Totenberg today at a ceremony at the United States Attorney’s Office in Manhattan. The violin was stolen from Mr. Totenberg in 1980. It was recently recovered by the FBI, following a tip to a New York City Police Department (“NYPD”) detective’s source about the stolen violin. The detective exercised due diligence and conducted an initial assessment before passing the case along to the FBI’s Art Crime Team.
Manhattan U.S. Attorney Preet Bharara said: “Today, we return to its rightful owners the centuries-old Ames Stradivarius, stolen thirty five years ago from renowned violinist Roman Totenberg. This is a remarkable story of a quick-witted violin appraiser who recognized the long-lost Ames Stradivarius and immediately called law enforcement. Thanks to the violin appraiser’s good citizenship and law enforcement’s prompt response, today we celebrate the Totenberg family’s reunion with a priceless family heirloom, thought for decades to have been lost forever – a joyful ending to an amazing story.”
Assistant Director-in-Charge Diego Rodriguez said: “Today’s ceremony is just one example of our commitment to restore significant arts and antiquities to their rightful owners. We will continue to provide investigative support to address these criminal matters. Many thanks to our partners at the U.S. Attorney’s Office for the Southern District of New York and the New York City Police Department for their continued partnership in this and so many investigations. I’d like to remind the public that two antique bows were stolen along with the Ames Stradivarius. We ask anyone with information to please contact the FBI’s Art Crime Team in New York at (212) 384-2100 as we work to return this stolen property to the Totenberg family.”
According to court filings and other publically available information:
The violin, known as the “Ames” Stradivarius after violinist George Ames, the owner of the violin in the late 19th Century, was made in 1734 by Antonio Stradivari, a luthier based in Cremona, Italy. Between 1666 and 1737, Stradivari created over 1,000 instruments, including approximately 400 violins that are known to exist today. Stradivari’s violins are widely considered to be of the highest quality of craftsmanship.
In 1980, the Ames Stradivarius was owned by Roman Totenberg, a Polish-born violinist who immigrated to the United States in 1938. Totenberg enjoyed a long and distinguished career as a performer and a teacher. He was chair of the strings department at Boston University from 1961 to 1978; the director of the Longy School of Music in Cambridge, Massachusetts, from 1978 to 1985; an instructor at various conservatories across the country; and co-chairman of the Boston University strings department for a second time beginning in 1994. Mr. Totenberg passed away in 2012.
In May 1980, following a concert at the Longy School, the Ames Stradivarius was stolen, along with two antique bows also belonging to Totenberg.
On June 26, 2015, after having been missing for over 35 years, the Ames Stradivarius surfaced at a hotel in Manhattan, where it was being presented for appraisal by an individual who had received the violin from a former spouse. After being contacted by the appraiser, the FBI approached the individual, who voluntarily relinquished the Ames Stradivarius to a special agent assigned to the FBI’s Art Crime Team. After contacting the heirs of Roman Totenberg, the U.S. Attorney’s Office and the FBI have arranged for the return of the Ames Stradivarius to the Totenberg family.
The return today to Mr. Totenberg’s three daughters is being made pursuant to stipulated agreements that have been entered between the relevant parties and also so ordered by the Honorable Lorna G. Schofield, United States District Court Judge for the Southern District of New York.
Mr. Bharara thanked the FBI and the NYPD for their outstanding work on this matter.
The case is being handled by the Office’s Money Laundering and Asset Forfeiture Unit. Assistant U.S. Attorney Andrew C. Adams is in charge of the case.
Lynn Man Indicted on Charges of Naturalization, Passport, and Social Security FraudRead the Press Release
BOSTON – A Lynn man was arrested yesterday in connection with federal immigration and social security violations.
Princehakeem Awolesi was indicted on Tuesday, Aug. 4, 2015 on one count of illegally obtaining U.S. citizenship; two counts of making false statements in a passport application; two counts of using a passport that had been issued by reason of false statements; and one count of using a falsely obtained social security account number.
According to the indictment, Awolesi obtained United States citizenship by making false statements in connection with his application for naturalization. In so doing, Awolesi concealed his past use of different names, a prior criminal conviction, and a previous application for relief from removal. In addition, the indictment alleges that Awolesi falsely stated that he had never given false information to any government official while applying for any immigration benefit or to prevent deportation, exclusion, or removal.
According to the indictment, Awolesi also made false statements on two applications for U.S. passports, and later used those passports. The indictment also charges Awolesi with using a social security number that was obtained on the basis of false information.
The charges of illegally obtaining U.S. citizenship and passport fraud provide a sentence of no greater than ten years in prison, three years of supervised release, and a fine of $250,000. Awolesi may also be stripped of United States citizenship. The charge of using a falsely obtained social security account number 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; Matthew Etre, Special Agent in Charge of Homeland Security Investigations in Boston; David W. Hall, Special Agent in Charge of U.S. Department of State, Bureau of Diplomatic Security, Boston Field Office; and Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division, made the announcement. The case is being prosecuted by Assistant U.S. Attorney Brian A. Pérez-Daple of Ortiz’s Economic Crimes Unit.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Los Lunas Man Charged with Federal Production and Possession of Child Pornography OffensesRead the Press Release
ALBUQUERQUE – Martin Perea, 35, of Los Lunas, N.M., was arrested yesterday by the FBI on a criminal complaint charging him with production and possession of visual depictions of minors engaged in sexually explicit conduct. During proceedings in federal court in Albuquerque, N.M., this morning, a U.S. Magistrate Judge ordered Perea detained pending trial.
According to the criminal complaint charges, the FBI began an investigation into Perea on July 24, 2015, when the Valencia County Sheriff’s Office reported receiving information from the Spokane (Washington) Police Department alleging that Perea sexually abused an eight-year-old child and produced child pornography.
The complaint alleges that on July 1, 2015, the victim’s mother discovered pornographic images and videos of Perea and the victim on a memory card she took from Perea’s cellular telephone. The mother allegedly confronted Perea, her former boyfriend, about the pornographic photographs and videos later that day. Two days later, the mother fled with the victim to Spokane, Wash., after Perea allegedly threatened to burn her and her home if she did not return the memory card to him. Once in Spokane, the mother contacted local law enforcement authorities to file a complaint against Perea.
After the memory card was transferred from the Spokane Police Department to the Valencia County Sheriff’s Office, the FBI obtained a federal search warrant for the card. On July 28, 2015, the search warrant was executed at the New Mexico Regional Computer Forensic Laboratory where the contents of the memory card were downloaded. The complaint alleges that the memory card contained approximately 111 video files and more than 980 image files, including multiple videos and images which allegedly contained child pornography.
If convicted on the production of child pornography charge, Perea faces a prison sentence of not less than five years and not more than 20 years. If convicted on the possession charge, he faces a federal prison term of up to ten years. Perea also would be required to register as a sex offender. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the FBI, the Valencia County Sheriff’s Office and the New Mexico Computer Forensic Laboratory with assistance from the Spokane Police Department.
The case is being prosecuted by Assistant U.S. Attorney Shammara H. Henderson as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 82 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the NMAGO. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Local Organized Crime Drug Prosecutor Promoted in Army Reserve to Major GeneralRead the Press Release
CEDAR RAPIDS, IOWA – This week Assistant United States Patrick J. Reinert, 54, from Cedar Rapids, Iowa, was confirmed by the United States Senate to be promoted in the Army Reserve to the rank of Major General.
Later this year after his formal promotion, Major General Reinert will assume command of the 88th Regional Support Command headquartered at Fort McCoy, Wisconsin. The Command provides services and base operations support to all Army Reserve soldiers, families and civilians serving across 19 states in the northern U.S. from the Ohio River Valley to the Pacific Coast.
United States Attorney Kevin Techau stated, “The Department of Justice, and in particular, the Northern District of Iowa United States Attorney's Office, is very proud of General Reinert. Pat is a tremendous individual. This promotion is a great honor for both him and his family. The 1994 Uniformed Services Employment and Reemployment Rights Act (USERRA) is a great way for our country to maximize service to our country through military service.”
In previous military assignments Reinert has deployed twice and has served as a Military Judge, Commander of the U.S. Army Reserve Legal Command, Commanding General of the Rule of Law Field Force, and later the Joint InterAgency Task Force 435, both assignments in Afghanistan.
In his civilian capacity, Reinert is the lead Organized Crime Drug Enforcement Task Force Attorney for the United States Attorney’s Office in Cedar Rapids, and has been with the United States Attorney’s Office for over 25 years.
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Leader of Large Heroin and Marijuana Conspiracy in Northern Kentucky and Ohio Sentenced to 353 MonthsRead the Press Release
COVINGTON - The leader of a large drug trafficking operation, that distributed large quantities of heroin and marijuana in northern Kentucky and southern Ohio, has been sentenced to 353 months in federal prison.
Today, U.S. District Judge Amul R. Thapar sentenced Alberto Lara-Chavez, 45, of Pasadena, Calif., for conspiracy to distribute 100 grams or more of heroin and 100 kilograms or more of marijuana, distribution of heroin, distribution of marijuana, possession of a firearm in furtherance of drug trafficking, possession of a firearm by an illegal alien, conspiracy to launder money, and engaging in a continuing criminal enterprise. Judge Thapar also sentenced Lara-Chavez’s son, Jose Alberto Lara, 23, of Planada, Calif., to 60 months in prison for conspiracy to distribute 100 kilograms or more of marijuana. Under federal law both defendants must serve at least 85 percent of their prison sentences.
Those two, along with Felix Agundiz-Montes, were convicted in March of 2015, following a nine-day jury trial. The evidence at trial established that, from October 2012 through May 16, 2014, Lara-Chavez led a group of 19 individuals who conspired to distribute heroin and marijuana in Kenton, Boone, Campbell, Gallatin, and Grant Counties in Kentucky, as well as Hamilton, Brown, and Clermont Counties in Ohio.
The evidence at trial also established that the group shipped marijuana, from Texas and California, to locations in Ohio and Kentucky; the group operated a large marijuana field in Sardinia, Ohio; and brought heroin, from Columbus, Ohio, to northern Kentucky for distribution.
Court records and evidence further showed that, during the course of the conspiracy, many of the conspirators were not legally present in the United States and had been brought here, by other conspirators, to sell narcotics; many illegally possessed firearms to protect the drugs and drug proceeds; and the leaders conspired to launder funds from the operation through bank deposits, wire transfers, and casino activity. Several of the conspirators also claimed they were associated with a Mexican drug cartel.
Lara-Chavez was the leader of the group and directed its local activities. All of his co-conspirators have been convicted and sentenced for their roles.
Kerry B. Harvey, United States Attorney for the Eastern District of Kentucky, and Joseph Reagan, Special Agent in Charge, Detroit Field Division, Drug Enforcement Administration, jointly made the announcement.
The investigation was conducted by the Drug Enforcement Administration, the United States Postal Investigation Service, the Internal Revenue Service, and the Northern Kentucky Drug Strike Force. The United States was represented in this case by Assistant United States Attorney Tony Bracke.
Latvian Couple Sentenced for Wire Fraud ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Janis Tonis, 32, and Veronika Krutova, 26, of Latvia, who were convicted of conspiracy to commit wire fraud, were sentenced to time served (seven months) by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Elizabeth R. Moellering, who handled the case, stated that the defendants, along with other co-conspirators, defrauded financial institutions and victim businesses by sending false wire transfer requests. Participants in the scheme used stationary from victim businesses to authorize wire transfer requests at the financial institutions. The defendants attempted to defraud a total of $80, 928 from the financial institutions.
The defendants also defrauded online purchasers of motor vehicles by posting cars for sale online, the defendants instructed the buyers to send money to bank accounts they controlled and then took the money and disappeared without ever delivering a vehicle. The loss amounts total $32,300.
The sentencings are the culmination of an investigation on the part of Special Agents of Immigrations and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent in Charge J. Michael Kennedy.
Justice Department Files Brief to Address the Criminalization of HomelessnessRead the Press Release
The Department of Justice filed a statement of interest today arguing that making it a crime for people who are homeless to sleep in public places, when there is insufficient shelter space in a city, unconstitutionally punishes them for being homeless. The statement of interest was filed in federal district court in Idaho in Bell v. City of Boise et al., a case brought by homeless plaintiffs who were convicted under Boise ordinances that criminalize sleeping or camping in public.
As stated by the Justice Department in its filing, “[i]t should be uncontroversial that punishing conduct that is a universal and unavoidable consequence of being human violates the Eighth Amendment. . . Sleeping is a life-sustaining activity—i.e., it must occur at some time in some place. If a person literally has nowhere else to go, then enforcement of the anti-camping ordinance against that person criminalizes her for being homeless.”
“Many homeless individuals are unable to secure shelter space because city shelters are over capacity or inaccessible to people with disabilities,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division. “Criminally prosecuting those individuals for something as innocent as sleeping, when they have no safe, legal place to go, violates their constitutional rights. Moreover, enforcing these ordinances is poor public policy. Needlessly pushing homeless individuals into the criminal justice system does nothing to break the cycle of poverty or prevent homelessness in the future. Instead, it imposes further burdens on scarce judicial and correctional resources, and it can have long-lasting and devastating effects on individuals’ lives.”
“No one wants people to sleep on sidewalks or in parks, particularly not our veterans, or young people, or people with mental illness,” said Director Lisa Foster of the Office for Access to Justice. “But the answer is not to criminalize homelessness. Instead, we need to work with our local government partners to provide the services people need, including legal services, to obtain permanent and stable housing.”
In this case, the plaintiffs allege that enforcement of the city of Boise ordinances prohibiting sleeping or camping in public outdoor places, on nights when there is insufficient shelter space in Boise to accommodate the homeless population, amounts to cruel and unusual punishment in violation of the Eighth Amendment. In its filing, the United States does not take a position on the factual accuracy of the plaintiffs’ claims, but instead addresses the appropriate legal framework for analyzing their claims. The statement of interest advocates for the application of the analysis set forth in Jones v. City of Los Angeles, a Ninth Circuit decision that was subsequently vacated pursuant to a settlement. In Jones, the court considered whether the city of Los Angeles provided sufficient shelter space to accommodate the homeless population. The court found that, on nights when individuals are unable to secure shelter space, enforcement of anti-camping ordinances violated their constitutional rights. The parties in Bell v. City of Boise disagree about whether the Jones court’s analysis was correct, reflecting the longstanding disagreement among courts analyzing the constitutionality of anti-camping ordinances. The statement of interest was filed to address this currently unsettled area of the law.
Bell v. City of Boise et al. was filed in the District of Idaho in 2009.
Judge Sentences Bus Passenger for Smuggling HeroinRead the Press Release
LAREDO, Texas – A 29-year-old Laredo man has been ordered to federal prison following his conviction of conspiracy and possession with the intent to distribute more than one kilogram of methamphetamine, announced U.S. Attorney Kenneth Magidson. A federal jury convicted Altagracia Guadalupe Vargas, 29, of Laredo, in March 2015 following a two-day trial.
Today, U.S. District Court Judge Diana Saldana ordered Vargas to serve a total of 121 months in federal prison to be immediately followed by five years of supervised release.
On Dec. 12, 2014, Vargas took part in a conspiracy to smuggle heroin through the U.S. Border Patrol (BP) checkpoint on interstate 35, while traveling as a passenger on a Turimex bus. Upon investigation, authorities discovered Vargas was carrying 3.5 kilograms of black-tar heroin, concealed in the inner linings of two carry-on bags. Vargas was questioned and gave multiple inconsistent statements.
At trial, the jury heard testimony from a variety of federal agents who described the discovery of heroin. Chemists with the Drug Enforcement Administration (DEA) and drug value experts also explained the confiscated drug was, in fact, heroin and had a value at more than $100,000.
Vargas testified and attempted to convince the jury that she believed the bags contained computer tools and were concealed to prevent theft. She said the bags belonged to a man named “Don Tono,” which contradicted her earlier statement that the bag belonged to her sister. Vargas also testified she received $50 from Don Tono for this trip. However, the government demonstrated that she had actually paid $75 of her own money for the bus ticket, which would have resulted in a $25 loss.
Vargas has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The investigation leading to charges was conducted by BP, Customs and Border Protection and DEA. Assistant U.S. Attorney Alfredo De La Rosa prosecuted the case.
Iowa Man Pleads Guilty to Making Threats Against Boston-Based Islamic CenterRead the Press Release
BOSTON – An Iowa man pleaded guilty today on charges of threatening to shoot and kill Muslims by posting threats on the Facebook page of an Islamic organization in Boston.
Gerald Wayne Ledford, 57, of Clinton, Iowa, pleaded guilty to one count of transmitting in interstate commerce a communication containing a threat to injure. Ledford was charged in the District of Massachusetts. In June 2015, Ledford was arrested in Iowa and he pleaded guilty in a federal court in the Southern District of Iowa. He is scheduled to be sentenced on Nov. 13, 2015 in Iowa.
Ledford admitted that on or about Oct. 19, 2014, he threatened the Islamic Society of Boston Cultural Center (ISBCC), a cultural center that offers a mosque and a variety of educational, spiritual, and social services to Muslims in New England. Ledford posted two threats on the ISBCC’s Facebook page. One post threatened, “Mohamed was a child rapist .a murderer and molester.you all will go to hell with you’re father satan..we will destroy you here and in your’re s**t hole countrys.” The second post consisted of a photograph of a man bearing a long gun with the caption, “This is for you.followers of the piece of s**t Mohamed …” At the plea hearing, Ledford admitted that he knew that these messages would be viewed as threats.
The charging statute provides 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; United States Attorney for the Southern District of Iowa Nicholas A. Klinefeldt; and Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation’s Boston Field Division, made the announcement today. The case is being prosecuted by Assistant U.S. Attorneys S. Theodore Merritt and Scott L. Garland of Ortiz’s Civil Rights Enforcement Team and Richard D. Westphal of the U.S. Attorney’s Office for the Southern District of Iowa.
Indictment: Prison Guard Took Bribes to Smuggle Tobacco into Leavenworth PenitentiaryRead the Press Release
KANSAS CITY, KAN. - A prison guard was indicted Wednesday on a federal charge of accepting bribes to smuggle tobacco to inmates at the U.S. Penitentiary in Leavenworth, U.S. Attorney Barry Grissom said today.
Michael Harston, 52, Kansas City, Mo., was charged with one count of conspiracy to commit bribery and four counts of accepting bribes. The indictment alleges that from October 2013 to August 2014 Harston took bribes to carry tobacco, which is contraband, into the penitentiary.
The indictment alleges payment was made via wire transfers from inmates’ relatives. Harston was caught on video surveillance in the process of distributing tobacco to inmates.
If convicted, he faces a maximum penalty of five years in federal prison and a fine up to $250,000 on the conspiracy charge, and a maximum penalty of 15 years and a fine up to $250,000 on each of the bribery counts.
The FBI investigated. Special Assistant U.S. Attorney Leena Ramana is prosecuting.
OTHER GRAND JURY INDICTMENTS
Justin A. Jacks, 26, Wichita, Kan., is charged with two counts of distributing child pornography and one count of possession of child pornography. The crimes are alleged to have occurred in May and July 2015, in Wichita.
If convicted, he faces a penalty of not less than five years and not more than 20 years and a fine up to $250,000 on each distribution county, and a maximum penalty of 10 years and a fine up to $250,000 on the possession charge. Homeland Security Investigations and the Wichita Police Department’s Internet Crimes Against Children (ICAC) Task Force investigated. Assistant U.S. Attorney Jason Hart is prosecuting.
Cruz Lopez-Perez, 39, a citizen of Guatemala, is charged with one count of unlawfully re-entering the United States after being deported. He was found July 26, 2015, in Sedgwick County, Kan.
If convicted, he faces a maximum penalty of two years in federal prison and a fine up to $250,000. The Kansas Department of Revenue and Homeland Security Investigations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
Luis Antonio Garcia-Gomez, 25, a citizen of Mexico, is charged with one count of unlawfully re-entering the United States after being deported. He was found July 28, 2015, in Sedgwick County, Kan.
If convicted, he faces a maximum penalty of two years in federal prison and a fine up to $250,000. The Kansas Department of Revenue and Homeland Security Investigations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
Cortez I. Mumford, 41, Kansas City, Kan., is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred July 20, 2015, in Kansas City, Kan.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Terra Morehead is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Indictment Charges Three in July 2015 Bank RobberyRead the Press Release
PHILADELPHIA – Three people were charged today by indictment in an armed bank robbery in Philadelphia, PA, announced United States Attorney Zane David Memeger. David Thomas, a/k/a David Thompson, 22, Shymeka Miller, a/k/a Shymeka Wright, 24, and Heather Lane, 26, all of Philadelphia, PA, were each charged with armed bank robbery and a related firearm charge for the July 15, 2015 armed robbery of the TD Bank at 5501 Ridge Avenue, Philadelphia. Thomas is also charged with being a convicted felon in possession of a firearm.
If convicted of the charges, each defendant faces a mandatory minimum sentenced of seven years in prison with a maximum sentence of life, up to five years of supervised release, possible fines, restitution, special assessments, and forfeiture of the firearm and ammunition.
This case was investigated by the Federal Bureau of Investigation, the Philadelphia Police Department, and the Philadelphia District Attorney=s Office. It is being prosecuted by Assistant United States Attorney Ewald Zittlau.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Horseheads Man Pleads Guilty to Production of Child PornographyRead 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 Daniel Sayre, 31, of Horseheads, NY, pleaded guilty to production of child pornography before U.S. District Judge Charles J. Siragusa. The charge carries a minimum sentence of 15 years in prison, a maximum of 30 years and a $250,000 fine.Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that between January 2014 and February 2015, the defendant produced a sexually explicit video and still images of a minor related to him who was under the age of 12. The defendant used a computer and a Samsung camera to produce these images.
The plea is the result of an investigation by the Federal Bureau of Investigation Child Exploitation Task Force which includes the Monroe County Sheriff’s Office, the Rochester Police Department, and U.S. Immigration and Customs Enforcement-Homeland Security Investigations, the New York State Police, under the direction of Major Craig Hanesworth, and the Chemung County District Attorney’s Office, under the direction of Weedon Wetmore.Sentencing is scheduled for November 4, 2015 at 10:00 a.m. before Judge Siragusa.
Historic Footage Connected to Gardner Museum Burglary Released - Public Assistance SoughtRead the Press Release
BOSTON – Twenty-five years after the notorious burglary of the Isabella Stewart Gardner Museum in Boston, law enforcement officials are seeking the public’s assistance in identifying an unauthorized visitor to the museum the night before the theft. That person entered the museum through the same door as the thieves in the middle of the night, 24 hours before the theft.
“Over many months we have engaged in an exhaustive re-examination of the original evidence in this case. Our aim has been to ensure that all avenues have been explored in the continuing quest to recover these artworks,” said United States Attorney Carmen Ortiz. “Today we are releasing video images from the night before the theft -- images which have not previously been seen by the public -- with the hope of identifying an unauthorized visitor to the museum. With the public’s help, we may be able to develop new information that could lead to the recovery of these invaluable works of art.”
The video footage released today, captured by Museum security cameras 24 hours before the Gardner heist, shows an automobile pull up next to a rear entrance of the Museum. The car matches the general description of a vehicle that was reported to have been parked outside the Museum moments prior to the theft on March 18, 1990.
The video also shows an unidentified man exiting the automobile and then being allowed inside the Museum, against Museum policy, by a security guard. That event occurred at 12:49 a.m. on March 17, 1990, almost exactly 24 hours before the thieves entered the museum through the same door.
While the images of both the vehicle and the unidentified man are low resolution, law enforcement officials hope that releasing the footage will assist with identifying the man or the vehicle in the video.
Anyone with information regarding the video should call the FBI at 617-742-5533 or the Isabella Gardner Museum at 617-278-5114.
Vincent Lisi, Special Agent in Charge of the FBI in Boston said, “This latest request for the public’s assistance illustrates the FBI’s continued commitment to the Gardner investigation. By releasing this video, we hope to generate meaningful leads and ultimately recover the stolen artwork.”
A $5 million reward has been offered by the Museum for information that leads directly to the recovery of all of the stolen items in good condition. The recovery of an individual object will result in a portion of the reward, based upon the object’s market value relative to the other stolen objects.
“We remain committed to one goal: the return of all 13 works to their rightful place, which is here at the Isabella Stewart Gardner Museum. To that end, we support the efforts that the United States Attorney and the Federal Bureau of Investigation are making to uncover any and all information related to the theft of our artwork. We believe that no stone should be left unturned,” said Anthony Amore, Director of Security at the Gardner Museum.
In the early morning hours of March 18, 1990, two white males dressed in Boston Police uniforms gained entrance to the Gardner Museum by advising the security guard at the watch desk that they were responding to a report of a disturbance within the compound. Against Museum policy, the guard allowed the thieves into the facility. Upon entry the two thieves subdued the on-duty security personnel, handcuffed them, and secured both guards in separate remote areas of the Museum’s basement. The suspects did not brandish weapons, nor were any weapons seen during the heist. No panic button was activated and no Boston Police notification was made during the robbery. The video surveillance film from the evening of the robbery was seized by the thieves prior to departure. They did not take the video footage from the night before.
The combined value of the 13 works of art stolen during the Gardner theft is at least $500 million, though they are considered priceless within the art community. The following objects were stolen during the burglary and have been missing for the past 25 years:
1) Vermeer's "The Concert"
2) Rembrandt's "A Lady and Gentleman in Black"
3) Rembrandt's "The Storm on the Sea of Galilee"
4) Rembrandt's "Self Portrait"
5) Govaert Flinck's "Landscape with an Obelisk"
6) A Shang Dynasty Chinese Bronze Beaker from 1200-1100 BC
7) Degas's "La Sortie du Pelage"
8) Degas's "Cortege Aux Environs de Florence"
9) Degas's "Three Mounted Jockeys"
10) Degas's "Program for an Artistic Soiree" charcoal on white paper
11) Degas's "Program for an Artistic Soiree" less finished charcoal on buff paper
12) Manet's "Chez Tortoni"
13) Napoleonic Eagle Finial
The video is available at: http://www.justice.gov/usao-ma/gardner-museum-theft
Heroin Dealer Goes to Federal PrisonRead the Press Release
PITTSBURGH - On August 5, 2015, a Pittsburgh resident was sentenced in federal court to 50 months in prison followed by multiple years of supervision by the United States Probation Office as a result of his conviction of violating federal narcotics laws, United States Attorney David J. Hickton announced today.
United States District Judge Mark R. Hornak imposed the sentence on Germal McCray, age 40. In sentencing a defendant, federal law requires the court to first examine the extent of McCray’s criminal history as well as the seriousness of his crimes in order to determine an advisory guideline range. The court must consider this non-mandatory guideline range in order to avoid unwarranted sentencing disparities between similarly situated defendants, but the law permits the court to consider a wide range of factors in determining the ultimate sentence appropriate to a specific defendant. In this matter, Judge Hornak found McCray’s advisory guideline range to be 57 to 71 months of incarceration and then provided the defendant with a small variance from the guidelines as a result of his difficult childhood and other mitigating factors in order to reach the 50-month sentence. Judge Hornak emphasized the serious effect heroin dealing has on the entire community and stated that spending more than four years in federal prison was sufficient but not greater than necessary since McCray’s previous convictions occurred more than 10 years ago.
According to information presented to the court, multiple federal, state and local law enforcement officers worked together in an effort to investigate heroin activities in Pittsburgh. These efforts culminated in police catching McCray and others actively engaged in the process of packaging heroin for later sale to heroin users. Law enforcement officers also seized the drug money and other drug-related items located as a result of the investigation. The forfeiture of these items will preclude their later use by other drug dealers and makes criminals help pay for the investigation of other drug crimes. McCray was handcuffed in the courtroom at the conclusion of the sentencing hearing and taken into custody by Deputy United States Marshals, in order to begin his sentence.
Assistant United States Attorney Ross E. Lenhardt prosecuted this case on behalf of the government.
U.S. Attorney Hickton specifically commended the Drug Enforcement Administration and the Pittsburgh Bureau of Police for their part in the investigation leading to the successful prosecution of Germal McCray and his associates.
Grand Jury Indicts Decatur Man on Charges of Murder and Hobbs Act RobberyRead the Press Release
Springfield, Ill. – A federal grand jury today returned a five-count indictment that charges Kelton Snyder, of Decatur, Ill., in the April 3, 2015, armed robbery of the Circle K convenience store and the April 5, 2015, murder of Paige Mars, also of Decatur. Snyder, 23, is charged with conspiring to commit the armed robbery and commission of the robbery in interference with commerce, known as the Hobbs Act; murder; brandishing a firearm during and in relation to a crime of violence, and possession of a firearm by a felon.
The indictment alleges that from April 2 to April 6, 2015, Snyder conspired to commit the armed robbery, obtained and possessed firearms, and used masks and firearms to commit the robbery on April 3. On or about April 5, the indictment alleges conspirators met to discuss the possibility that Mars may alert law enforcement about the robbery and on April 5, conspirators killed Mars. According to the indictment, Mars served as the driver while Snyder and his co-conspirator, Matthew Vogt, committed the robbery of the Circle K.
U.S. Attorney Jim Lewis and Macon County State’s Attorney Jay Scott announced the federal indictment. The case is being prosecuted in federal court by Assistant U.S. Attorneys Katherine Boyle and Jason Bohm. The Decatur Police Department and FBI conducted the investigation with the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Macon County Sheriff’s Office.
Snyder was previously charged in Macon County and is now in the custody of the U.S. Marshals Service. He will be arraigned in federal court in Urbana on a date to be determined by the U.S. Clerk of the Court.
If convicted, the penalty for use of a firearm resulting in murder is life in prison unless the U.S. Attorney General directs the U.S. Attorney to seek the death penalty, in which case the maximum statutory penalty for the murder is death. Brandishing a firearm during and in relation to a violent crime carries a mandatory minimum of 10 years in prison and up to life, to be served consecutive to any term of imprisonment ordered for the underlying crime of violence. The statutory penalty for conspiracy to commit Hobbs Act Robbery and commission of the Hobbs Act offense is up to 20 years in prison for each charge.
Members of the public are reminded that an indictment is merely an accusation; the defendant is presumed innocent unless proven guilty.
Garland, Texas, Man Faces 20 Years in Federal Prison on Child Pornography ConvictionRead the Press Release
DALLAS — Jeffrey David Mitchell, 51, of Garland, Texas, appeared in federal court before U.S. Magistrate Irma C. Ramirez and pleaded guilty to one count of transportation of child pornography. Mitchell, who has been in federal custody since his arrest in May 2015 on related charges, faces a maximum statutory penalty of not less than five years and up to 20 years in federal prison, a $250,000 fine, and a lifetime of supervised release. A sentencing date was not set. U.S. Attorney John Parker of the Northern District of Texas made the announcement today.
According to documents filed in the case, the investigation began in late April 2015 resulting from a CyberTip from the National Center for Missing and Exploited Children (NCMEC) regarding the upload of images depicting child pornography to an electronic group and to various email accounts. The investigation led law enforcement to secure and execute a search warrant on Mitchell’s home on April 29, 2015; Mitchell and his parents were home during the search.
Mitchell admitted he possessed child pornography and that he sent and received child pornography via his email account. He confirmed that he created and used multiple email accounts to trade the child pornography, and that images of child pornography were on his desktop computer located in his bedroom.
Law enforcement seized several media items from the residence, and a forensic analysis and review of Mitchell’s email accounts revealed approximately 750 images and 100 videos of child pornography. Some of those images and videos depict sadistic/and/or violent content, and some of the files depict infants and toddlers.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The FBI, Collin County Sheriff’s Office and Garland Police Department are investigating the case. Assistant U.S. Attorney Camille Sparks is in charge of the prosecution.
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Franklinton Man Charged with Structuring over $100,000 in Financial Transactions to Avoid Federal Reporting RequirementsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JERRY COX, age 72, of Franklinton, was charged in a one-count Bill of Information with structuring financial transactions to avoid federal reporting requirements.
According to the Bill of Information, in September 2011, COX made, and caused to be made, a series of cash withdrawals from Citizens Savings Bank and Resource Bank that were designed to evade certain reporting requirements under federal law. COX did so as part of a pattern of activity involving more than $100,000 in a twelve-month period. Specifically, COX caused a series of seven withdrawals between September 20, 2011 and October 11, 2011, in amounts between $7,650 and $9,500.
If convicted, COX faces a maximum term of not more than ten years in prison, followed by up to three years of supervised release, and a $250,000 fine.
U.S. Attorney Polite reiterated that the Bill of Information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the Internal Revenue Service – Criminal Investigation and the Federal Bureau of Investigation in investigating this matter. Assistant United States Attorney Jordan Ginsberg is in charge of the prosecution.
Four Odessans Sentenced to Life in Federal Prison in Connection with a HomicideRead the Press Release
In Midland this morning, United States District Judge Robert A. Junell sentenced four Odessa residents to life in federal prison for their role in a Permian Basin drug distribution scheme involving firearms and resulting in 2014 murder of Sean Michael Lamb announced United States Attorney Richard L. Durbin, Jr., Federal Bureau of Investigation Special Agent in Charge Douglas E. Lindquist and Odessa Police Chief Timothy Burton.
On April 10, 2015, jurors convicted 40-year-old Raymond Hernandez Olgin, Jr., 34–year-old Rudolfo Romero Parades, 40-year-old Stacey Louise Castillo and 32–year-old Anthony Ryan Gonzales of conspiracy to possess with intent to distribute a controlled substance, possession of a firearm in relation to a drug trafficking crime, and murder during the course of a drug trafficking crime.
Liz Sanchez Hernandez, age 35, and her 18-year-old son, Brian Adan Hernandez, co-defendants who pleaded guilty to related federal charges prior to jury selection, are currently serving federal prison terms. On July 2, 2015, Liz Hernandez was sentenced to 20 years in federal prison for murder during the course of a drug trafficking crime. On the same day, Brian Adan Hernandez was sentenced to 41 months in federal prison after pleading guilty to the drug conspiracy charge. Judge Junell also ordered all of the defendants to jointly and severally pay $5,861 restitution.
Evidence presented at trial revealed that the defendants were involved in the abduction and murder of Sean Michael Lamb because they suspected that Lamb and others had stolen a large amount of “crystal” methamphetamine from Liz Hernandez and her brother, 34-year-old Ruben James Hernandez.
On May 13, 2014, Odessa Police responded to a “shots fired” call in the alley behind #30 Neta Place in Odessa. There they discovered Lamb’s body with multiple gunshot wounds to the head and torso. Evidence presented during trial revealed that 35–year-old Noe Garcia Galan, accompanied by Olgin and Paredes, shot and killed Lamb for stealing the crystal methamphetamine. Jurors found this act to be a first degree premeditated murder.
Testimony during trial revealed that Castillo not only participated in the drug distribution operation as well as the murder of Lamb, but on the evening of May 14, 2014, she and Gonzales drove Ruben Hernandez to the international border in Presidio, TX, so he could escape into Mexico in exchange for an introduction to a narcotics supplier she could use in the future.
“The senseless murder of 22-year-old Sean Lamb over a dispute about methamphetamine was the product of depraved thinking, completely out of proportion to his suspected transgression. These defendants are fully deserving of the sentences. Such anti-social conduct is unacceptable,” stated United States Attorney Richard L. Durbin, Jr.
Noe Galan and Ruben Hernandez remain fugitives. They are charged by indictment with conspiracy to possess with intent to distribute a controlled substance, possession of a firearm in relation to a drug trafficking crime, and murder during the course of a drug trafficking crime.
“This case serves as an example of cooperative, professional law enforcement. I would like to thank our Federal and State law enforcement partners for their vital assistance. These convictions send the message that violent crime in our City will not be tolerated. Special thanks to the U.S. Attorney’s Office for the tireless effort in seeking justice,” stated Odessa Police Chief Timothy Burton.
This indictment resulted from an investigation conducted by the Odessa Police Department and the FBI with assistance from Homeland Security Investigations (HSI), Texas Department of Public Safety (DPS), Texas Rangers, and the U.S. Border Patrol. Assistant United States Attorney William F. Lewis, Jr., and former Assistant United States Attorney John Klassen prosecuted this case on behalf of the Government.
Four Charged in Armed Robberies of Check Cashing BusinessesRead the Press Release
PHILADELPHIA - Nysare Alston, 25, Christopher Corley, 27, Hassan Corley, 27, and Kenneth Thomas, 24, all of Philadelphia, Pennsylvania, were charged by indictment, unsealed today, in an alleged robbery spree involving Philadelphia check cashing businesses, announced United States Attorney Zane David Memeger. The defendants are charged with Hobbs Act robbery and related weapons offenses.
According to the indictment, the defendants committed the following armed robberies: on February 15, 2014, the America’s Cash Express, located at 5045 Wayne Avenue, of more than $49,000; on July 12, 2014, the Diamond Check Cashing, located at 4261 Frankford Avenue, of approximately $34,000; on July 25, 2014, the Ace Check Cashing, located at 2557 W. Sterner Street, of approximately $10,000; on September 10, 2014, Don’s Check Cashing, located at 1202 E. Hunting Park Avenue, of approximately $31,000; and the attempted armed robbery, on August 2, 2014, of Ace Check Cashing, located at 4244 N. Broad Street.
If convicted of all charges, Alston and Thomas each face a mandatory minimum sentence of 82 years in prison; C. Corley faces a mandatory minimum sentence of 32 years in prison; H. Corley faces a mandatory minimum term of seven years in prison; plus fines, supervised release, and special assessments.
The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Yvonne Osirim.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Former U.S. Army Lieutenant Colonel Sentenced to Three Years in Federal Prison for Accepting GratuitiesRead the Press Release
In San Antonio today, a federal judge sentenced 49-year-old Mark L. Moss of Cibolo, TX, to three years in federal prison for accepting gratuities from businessmen while serving as a military unit commander in Kuwait. In addition to the prison term, U. S. District Judge Orlando Garcia ordered that Moss pay $253,000 restitution and be placed on supervised release for a period of three years after completing his prison term.
That announcement was made today by United States Attorney Richard L. Durbin, Jr.; Special Agent in Charge Janice M. Flores, Defense Criminal Investigative Service’s Southwest Field Office; Special Agent in Charge Scott Wilk, U.S. Army Criminal Investigation Command Southwestern Fraud Field Office; Special Agent in Charge Christopher Combs, Federal Bureau of Investigation; and, Special Agent in Charge William Cotter, Internal Revenue Service-Criminal Investigation.
“Mr. Moss corrupted the military procurement process for personal gain. While service members in a conflict zone made great sacrifices, Mr. Moss used his position to line his pockets with a quarter million dollars,” stated United States Attorney Richard L. Durbin, Jr.
In September 2014, Moss pleaded guilty to one count of acts affecting a personal financial interest. By pleading guilty, Moss admitted to accepting $253,000 from two business owners and their respective agents while he served as a designated unit commander for the Area Support Group in Camp Arifjan, Kuwait. Those Kuwait-based businesses included Al-Pacific LTD Est. for Electronics (Al-Pacific), an electronics communications and services company which primarily provided the access, installation, maintenance of cable and satellite television as well as internet connectivity to the base; and, Makhpiya Project Management (MPM), a general contractor specializing in engineering, construction and communications.
According to court records, from November 2007 until June 2010, Moss accepted and received the funds in exchange for favoring Al-Pacific and MPM during the Army contract award selection process; recommending MPM as a subcontractor to other companies that were awarded contracts; and, expediting Al-Pacific and MPM’s request for security badges allowing both companies more efficient access to the base.
“Misusing his position of trust as a Lieutenant Colonel in the U.S. Army, Mr. Moss accepted at least $253,000 in money and gratuities from several companies seeking contracts with the U.S. Government. Today's sentencing demonstrates the severe criminal penalties that result when Government officials, motivated purely by greed, betray their oath to this great country and its citizens for their own personal benefit. IRS Criminal Investigation, along with our law enforcement partners and the United States Attorney's Office, remain vigilant in identifying, investigating and prosecuting those who seek to willfully defraud the U.S Government and its taxpayers,” stated IRS-Criminal Investigation Special Agent in Charge William Cotter.
The case resulted from an investigation by the Defense Criminal Investigative Service (DCIS), U.S. Army Criminal Investigation Command (CIDC) Southwestern Fraud Field Office, Internal Revenue Service-Criminal Investigation and the Federal Bureau of Investigation. Assistant United States Attorney Tom Moore prosecuted this case on behalf of the Government.
Former Director of Virgin Islands Public Finance Authority and Others Charged with Conspiracy and BriberyRead the Press Release
Three Virgin Islands men were charged in an indictment unsealed today with various offenses based on their participation in a bribery scheme involving over $17 million in construction contracts awarded by the Virgin Islands Public Finance Authority (VIPFA).
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Ronald W. Sharpe of the District of the Virgin Islands, Special Agent in Charge Carlos Cases of the FBI’s San Juan, Puerto Rico, Division, Virgin Islands Inspector General Steven Van Beverhoudt and Special Agent in Charge Kelly R. Jackson of the Internal Revenue Service-Criminal Investigation (IRS-CI) made the announcement.
Julito Francis, 53, former Director of Finance and Administration for the VIPFA, is charged with 11 counts of conspiracy, bribery, extortion under color of official right, honest services wire fraud and perjury. Gerard Castor, 69, president and owner of Balbo Construction Corporation, is charged with 10 counts of conspiracy, bribery and honest services wire fraud. John Woods, 59, co-principal of an architectural company that worked on behalf of the VIPFA, is charged with three counts of conspiracy, bribery and extortion under color of official right.
Francis, Castor and Woods were arrested earlier today and appeared before U.S. Magistrate Judge Ruth Miller of the District of the Virgin Islands. The defendants were released pending an August 12 arraignment.
According to the indictment, Castor provided more than $400,000 in improvements to Francis’ personal residence, and over $10,000 in improvements to Woods’ personal property. In return, Francis and Woods used their official positions to ensure that Balbo Construction was awarded construction contracts by the VIPFA that were worth over $17 million, including a multi-million contract, and supplements thereto, to build the St. Thomas Regional Library. The indictment further alleges that the defendants attempted to conceal the bribery scheme by creating false documents that suggested Francis and Woods intended to pay Castor for the work performed.
The charges and allegations contained in an indictment are merely accusations. The defendants are presumed innocent unless and until proven guilty.
This case is being investigated by the FBI’s San Juan Division, St. Thomas Resident Agency, the Virgin Islands Office of the Inspector General and IRS-CI. This case is being prosecuted by Trial Attorneys Laura Fulton and Justin D. Weitz of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Nelson Jones of the District of the Virgin Islands. Deputy Chief Tracee Plowell of the Criminal Division’s Office of Enforcement Operations and Trial Attorney Jennifer Blackwell of the Environment and Natural Resources Division’s Environmental Crimes Section participated in the investigation when they were assigned to the Public Integrity Section.
Francis et al Indictment
Former Construction Boss Sentenced to More Than 15 Years for Role in $58 Million Scheme to Fraudulently Control Homeowners’ AssociationsRead the Press Release
A former construction boss from Las Vegas was sentenced today to 188 months in prison for his role in a $58,141,275 million scheme to fraudulently gain control of condominium homeowners’ associations (HOAs) in the Las Vegas area to secure construction and other contracts for himself and others. Forty-two individuals have been convicted of crimes in connection with the scheme.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, Special Agent in Charge Laura A. Bucheit of the FBI’s Las Vegas Office, Sheriff Joseph Lombardo of the Las Vegas Metropolitan Police Department and Chief Richard Weber of the Internal Revenue Service-Criminal Investigation (IRS-CI) made the announcement.
Leon Benzer, 48, pleaded guilty on Jan. 23, 2015, to one count of conspiracy to commit mail and wire fraud, 14 counts of wire fraud, two counts of mail fraud and two counts of tax evasion. In addition to imposing the prison term, U.S. District Judge James C. Mahan of the District of Nevada ordered Benzer to pay restitution in the amount of $13,294,100.
“Leon Benzer recruited and paid off puppets to serve on homeowners’ boards so that they would steer lucrative contracts to his company and cronies,” said Assistant Attorney General Caldwell. “Far from enjoying their corrupt proceeds, however, Benzer and his co-conspirators will serve years behind prison bars.”
“This sentence serves as a reminder of the FBI's dedication and commitment to investigate, apprehend and prosecute criminals that prey on innocent and unsuspecting consumers,” said Special Agent in Charge Bucheit.
“When Leon Benzer named his company, Silver Lining Construction, he probably wasn’t aware of the IRS Criminal Investigation Division and the expertise of our special agents when it comes to putting pieces of a puzzle together to build a picture of fraudulent activity,” said Chief Weber. “Benzer manipulated and bribed HOA boards in order to enrich himself and his co-conspirators at the expense of American taxpayers. Not only did he try to hide the proceeds of his crimes in order to evade paying taxes, but he failed to pay his employment taxes. Today, justice was served and the “silver lining” that Benzer anticipated was not realized thanks to the work of IRS-CI and our law enforcement partners.”
In connection with his guilty plea, Benzer admitted that, from approximately August 2003 through February 2009, he and an attorney developed a scheme to control the boards of directors of HOAs in the Las Vegas area. According to plea documents, Benzer and his co-conspirators recruited straw buyers to purchase condominiums and secure positions on HOAs’ boards of directors. Benzer admitted that he paid the board members to take actions favorable to his interests, including hiring his co-conspirator’s law firm to handle construction-related litigation and awarding remedial construction contracts to Benzer’s company, Silver Lining Construction.
The case was investigated by the FBI, IRS-CI and the Las Vegas Metropolitan Police Department’s Criminal Intelligence Section. The case was prosecuted by Deputy Chief Charles La Bella and Trial Attorneys Thomas B.W. Hall and Alison Anderson of the Criminal Division’s Fraud Section.
Federal Court Sentences Davenport Man for Felon in Possession of A Firearm ChargeRead the Press Release
DAVENPORT, IA - On July 29, 2015, Keelyn Stokes, age 21, of Davenport, Iowa, was sentenced by United States District Court Judge John A. Jarvey to 85 months in prison, after Stokes pleaded guilty to the charge of felon in possession of a firearm, announced United States Attorney Nicholas A. Klinefeldt. Stokes was also ordered to serve three years of supervised release following the period of incarceration, and to pay $100 towards the Crime Victims Fund.
On April 16, 2014, Davenport Police officers responded to a disturbance and saw several individuals exiting and running from a stolen vehicle. As officers gave chase, Stokes was seen throwing down a gun while running. The firearm, which was later recovered by the officers, was identified as a Bryco .25 caliber handgun with a loaded magazine. Stokes had been convicted of a felony prior to April 2014.
This case was investigated by the Bureau of Alcohol, Tobacco and Firearms and the Davenport Police Department, and the case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa as part of the Project Safe Neighborhood initiative.
Former Director of Virgin Islands Public Finance Authority and Others Charged with Conspiracy and BriberyRead the Press Release
WASHINGTON – Three Virgin Islands men were charged in an indictment unsealed today with various offenses based on their participation in a bribery scheme involving over $17 million in construction contracts awarded by the Virgin Islands Public Finance Authority (VIPFA).
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Ronald W. Sharpe of the District of the Virgin Islands, Special Agent in Charge Carlos Cases of the FBI’s San Juan, Puerto Rico, Division, Virgin Islands Inspector General Steven Van Beverhoudt and Special Agent in Charge Kelly R. Jackson of the Internal Revenue Service-Criminal Investigation (IRS-CI) made the announcement.
Julito Francis, 53, former Director of Finance and Administration for the VIPFA, is charged with 11 counts of conspiracy, bribery, extortion under color of official right, honest services wire fraud and perjury. Gerard Castor, 69, president and owner of Balbo Construction Corporation, is charged with 10 counts of conspiracy, bribery and honest services wire fraud. John Woods, 59, co-principal of an architectural company that worked on behalf of the VIPFA, is charged with three counts of conspiracy, bribery and extortion under color of official right.
Francis, Castor and Woods were arrested earlier today and appeared before U.S. Magistrate Judge Ruth Miller of the District of the Virgin Islands. The defendants were released pending an August 12 arraignment.
According to the indictment, Castor provided more than $400,000 in improvements to Francis’ personal residence, and over $10,000 in improvements to Woods’ personal property. In return, Francis and Woods used their official positions to ensure that Balbo Construction was awarded construction contracts by the VIPFA that were worth over $17 million, including a multi-million contract, and supplements thereto, to build the St.Thomas Regional Library. The indictment further alleges that the defendants attempted to conceal the bribery scheme by creating false documents that suggested Francis and Woods intended to pay Castor for the work performed.
The charges and allegations contained in an indictment are merely accusations. The defendants are presumed innocent unless and until proven guilty.
This case is being investigated by the FBI’s San Juan Division, St. Thomas Resident Agency, the Virgin Islands Office of the Inspector General and IRS-CI. This case is being prosecuted by Trial Attorneys Laura Fulton and Justin D. Weitz of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Nelson Jones of the District of the Virgin Islands. Deputy Chief Tracee Plowell of the Criminal Division’s Office of Enforcement Operations and Trial Attorney Jennifer Blackwell of the Environment and Natural Resources Division’s Environmental Crimes Section participated in the investigation when they were assigned to the Public Integrity Section.
Essex County, New Jersey, Man Sentenced to 92 Months in Prison for Unlawful Possession of A Loaded Semiautomatic HandgunRead the Press Release
NEWARK, N.J. – A previously convicted felon from Irvington, New Jersey, was sentenced today to 92 months in prison for unlawfully possessing a loaded semiautomatic handgun, U.S. Attorney Paul J. Fishman announced.
Terrell Haywood, 26, previously pleaded guilty before U.S. District Judge William J. Martini to an indictment charging him with being a felon in possession of a firearm. Judge Martini imposed the sentence today in Newark federal court.
According to documents filed in the case and statements made in court:
On April 26, 2014, in Newark, Haywood knowingly possessed a loaded Springfield Armory Ultra Compact Semi-Automatic .45 caliber handgun that was loaded with nine rounds of ammunition. As law enforcement officers from the Essex County Prosecutor’s Office observed Haywood crossing a street, they observed a bulge in his jacket pocket that was consistent with the presence of a handgun. Haywood was searched and found with the handgun, as well as various drugs, including marijuana and prescription pills.
In addition to the prison term, Judge Martini sentenced Haywood to three years of supervised release.
U.S. Attorney Fishman credited the Essex County Prosecutor’s Office, under the direction of Acting Prosecutor Carolyn A. Murray, with the investigation leading to today’s sentencing. He also thanked the FBI, under the direction of Special Agent in Charge Richard M. Frankel in Newark, for their role in the investigation.
The government is represented by Assistant U.S. Attorney Jonathan W. Romankow of the U.S. Attorney’s Office Criminal Division in Newark.
Defense counsel: Martin Goldman Esq., West Caldwell, New Jersey
Drug Operation Convicts 13 Defendants of Montana Drug Trafficking Operation Run from a California PrisonRead the Press Release
BILLINGS – The United States Attorney’s Office announces today the completion of a Montana operation that convicted thirteen defendants for methamphetamine, firearm, and money laundering charges, involving an estimated $300,000 worth of meth in Montana. Operation Pale Mule joined numerous law enforcement agencies in Montana and California and involved a conspiracy to distribute approximately 10 pounds of methamphetamine in Montana, much of which was orchestrated by defendant Jason Neel, 31, from inside a California prison while serving a sentence for second degree murder. Neel was sentenced to 50 years in prison by U.S. District Court Judge Susan P. Watters. The final defendant, Mario Albert Villegas, 32, of Los Angeles, CA, was sentenced today to 30 years in prison and 10 years of supervised release. Villegas distributed a total of six pounds of meth.
“This operation put an end to an organization that was delivering dangerous drugs straight into our Montana communities,” said Mike Cotter, U.S. Attorney for the District of Montana. “Methamphetamine has a devastating ripple effect—it ruins lives, families and communities. I am proud of the hard work and long hours the members of this operation invested in these cases. Our state is a safer place as a result.”
"In safeguarding our communities today, there is literally nothing we do alone,” said Eric Barnhart, Special Agent in Charge of the FBI Salt Lake City Division. “This case represents the epitome of collaboration between law enforcement agencies throughout Montana, as well as our partners in California and South Dakota, in targeting and dismantling a violent drug trafficking organization.”
The investigation joined more than 70 law enforcement officers working across eastern Montana and in California, and involved nearly 60 warrants to obtain information about the drug trafficking conspiracy. The conspiracy was responsible for bringing roughly 5 kilograms of meth into Montana, valued at approximately $300,000. Law enforcement also uncovered a funnel bank account, where drug distributors would deposit their proceeds at a Montana bank and another defendant in California would take the money out to pay the sources of drugs. Law enforcement was able to determine that $42,000 was laundered through one bank account, with an additional $5,000 through other money transfers. Law enforcement also seized $6,639 and a 2007 BMW vehicle, which were linked to the drug trafficking crimes.
All members of the drug trafficking organization have either pleaded guilty or been convicted of federal charges ranging from conspiracy to possess with intent to distribute and distribute meth, possession with intent to distribute meth, distribution of meth, possession of a firearm in furtherance of a drug trafficking crime, and conspiracy to commit money laundering.
Investigation of the drug trafficking organization began in September of 2013, when law enforcement agents with the FBI and Eastern Montana High Intensity Drug Trafficking Area Task Force (HIDTA) began investigating a drug trafficking organization responsible for shipping methamphetamine from Southern California to Billings and Roundup, Montana. Agents introduced an undercover agent into the organization, and the undercover agent purchased methamphetamine from one of the leaders of the organization, Casey Fleming, as well as local distributors. Agents soon learned that Fleming was working with Jason Robert Neel an inmate at California State Prison (Corcoran Unit) who was serving a sentence of 44 years to life for second-degree murder. Neel was able to have a prison employee smuggle cell phones into the prison so that he could effectively run the organization.
As part of the investigation, law enforcement agents were granted a Title III wiretap for two cell phones used by Casey Fleming as well as Neel’s prison cell phone and Neel’s girlfriend, Desiree Jimenez. Wiretaps are granted through a rigorous legal process and allow law enforcement to listen to telephone communications for a specified duration. Agents learned that Fleming was first obtaining methamphetamine from Mario Villegas, a resident of Los Angeles, California, and later from David Delcarmen, also a residence of the Los Angeles area. Fleming utilized a network of subordinates to ship the methamphetamine from California to Montana. Local dealers in Montana would then distribute the methamphetamine in Eastern Montana once it arrived.
During the wiretap investigation, agents were able to determine that the packages of meth were being shipped to residences in Roundup and Billings, Montana, and they intercepted those packages. All of the methamphetamine seized in this investigation was highly pure, ranging from purity levels from 90% to 100% pure methamphetamine. In total, agents estimate that the organization transported five kilograms of methamphetamine from Southern California to Montana during the course of the conspiracy.
A Montana grand jury ultimately indicted 13 defendants responsible for the drug trafficking organization. Twelve of the defendants pleaded guilty and one, Mario Villegas, was convicted following a jury trial. The case was prosecuted by Assistant U.S. Attorneys Joe Thaggard, Tara Elliott, Brendan McCarthy and John Sullivan. This investigation involved the cooperation of many law enforcement agencies in Montana and California, including the Federal Bureau of Investigation, the FBI Big Sky Safe Streets Task Force, and the Eastern Montana HIDTA, which includes representation from the Billings Police Department, Yellowstone County Sheriff’s Office, Homeland Security Investigations, U.S. Customs and Border Patrol, DEA and IRS. Both task forces collaborated with law enforcement partners at the Montana Division of Criminal Investigation, U.S. Marshals Services, Montana National Guard, U.S. Postal Service, FBI offices in California, California Highway Patrol, as well as the Billings and FBI SWAT teams.
Department of Justice and the National Institute of Standards and Technology Name Six Experts as New Members of National Commission on Forensic ScienceRead the Press Release
The Department of Justice and the Department of Commerce’s National Institute of Standards and Technology (NIST) today announced six appointments to the National Commission on Forensic Science.
The commission, created in 2013, develops forward-looking policy recommendations for the Attorney General to enhance the practice and improve the reliability of forensic science.
The commission is co-chaired by Deputy Attorney General Sally Quillian Yates and Under Secretary of Commerce for Standards and Technology and NIST Director Dr. Willie E. May. Deputy Assistant Administrator Nelson Santos of the Drug Enforcement Administration’s Office of Forensic Sciences and Special Assistant John M. Butler to the NIST Director for Forensic Science serve as vice-chairs.
“For nearly two years, the commission has been hard at work developing recommendations to strengthen the field of forensic science and the six new commissioners will bring valuable new insights to this process,” said Deputy Attorney General Yates. “Their work is vital to ensuring the fairness of our criminal justice system.”
“Confidence in the collection, review and analysis of evidence by law enforcement and in the ability of the courts to fairly judge the strength of that evidence is the bedrock of any civil society,” said Under Secretary May. “The new commissioners represent a diverse range of skills and training and we look forward to their contributions as we continue our efforts to ensure that the forensic evidence used in our criminal justice system is supported by rigorous science, measurements and analysis.”
The commission includes federal, state and local forensic science service providers; research scientists and academics; law enforcement officials; prosecutors, defense attorneys and judges; and other stakeholders from across the country. This breadth of experience and expertise reflects the many different entities that contribute to forensic science practice in the United States and will ensure that these broad perspectives are represented on the commission and in its work.
The commission was established in 2013 and re-chartered for another two-year period in April 2015. The new members announced today are replacing individuals whose tenures with the commission recently ended. Because the re-charter includes a provision for digital evidence, an additional commissioner has been added to provide perspective in this important area of forensic science.
The new commissioners are:
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Thomas D. Albright, Ph.D., Professor and Conrad T. Prebys Chair at The Salk Institute for Biological Studies in La Jolla, California;
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Arturo Casadevall, M.D., Ph.D., Bloomberg Distinguished Professor and Alfred and Jill Summer Professor and Chair of Molecular Microbiology and Immunology at the Johns Hopkins University Bloomberg School of Public Health in Baltimore;
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Gregory C. Champagne, Sheriff of St. Charles Parish, Louisiana;
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William N. Crane, Associate Professor and Director of the Champlain College Graduate Digital Forensic Program in Burlington, Vermont;
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Deirdre M. Daly, U.S. Attorney of the District of Connecticut; and
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Sunita Sah, M.D., Ph.D., Assistant Professor of Management and Organizations at the Cornell University Johnson Graduate School of Management in Ithaca, New York.
The commission’s next meeting will be held from August 10 to 11, 2015, at the House of Sweden, 2900 K Street, Washington, D.C. More information about the commission can be found at http://www.justice.gov/ncfs.
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Defendant from Operation “Wild Wild East” Pleads GuiltyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that New Orleans resident BETH MARIE NGUYEN, age 38, pled guilty today to conspiracy to distribute and conspiracy to possess with intent to distribute over one kilogram of heroin.
U.S. District Judge Carl J. Barbier will sentence NGUYEN on November 12, 2015. NGUYEN is facing 10 years and a maximum of life imprisonment, as well as a possible fine of up to $10,000,000.
NGUYEN was one of twelve defendants charged in a 23-count indictment on July 25, 2014. According to court documents, this indictment sprung from an investigation into a heroin-trafficking organization operating in New Orleans East. This organization was responsible for distributing at least 15 kilograms of heroin in the New Orleans area. As part of the arrests in this case, federal agents have seized from the twelve defendants approximately $1,200,000 in assets (a combination of vehicles, currency, jewelry, and real property) as proceeds made from the sale of heroin.
U.S. Attorney Polite praised the work of the Drug Enforcement Administration in investigating this matter. Assistant United States Attorney Brandon S. Long is in charge of the prosecution.
DeQuincy man sentenced to 12 months in prison for printing $100 bills in casino hotel roomRead the Press Release
LAKE CHARLES, La. – United States Attorney Stephanie A. Finley announced today that a DeQuincy man was sentenced to 12 months and one day in prison for making $100 counterfeit bills at a casino hotel.
Deldrick Shykil Fowler, 22, of DeQuincy, La., was sentenced by U.S. District Judge Patricia Minaldi on one count of counterfeiting obligations to the United States. He was also sentenced to three years of supervised release. According to evidence presented at the April 30, 2015 guilty plea, surveillance equipment was used to observe Fowler on August 12, 2014 at the Isle of Capri Casino in Lake Charles producing counterfeit $100 bills in a hotel room. Agents seized two counterfeit $100 bills, 16 uncut sheets of $100 bills, and 10 uncut sheets of $100 bills printed on only one side.
The U.S. Secret Service conducted the investigation. Assistant U.S. Attorneys Robert C. Abendroth and Howard C. Parker prosecuted the case.
Dallas Man Admits to Using Social Media to Obtain Sexually Explicit PhotosRead the Press Release
CORPUS CHRISTI, Texas – A 42-year-old Dallas man has entered a guilty plea to sexual exploitation of a child, otherwise known as production of child pornography, announced U.S. Attorney Kenneth Magidson. Daniel Fredrick Heidemann admitted to posing as a young male in order to elicit sexually explicit photos from a juvenile female.
The court heard today that in August 2014, authorities learned that a juvenile female had been communicating via cellular telephone text messages and several social media websites with an individual she believed was a juvenile male from Dallas. Heidemann was identified as the perpetrator and admitted to posing as a juvenile male and enticing the victim into sending him sexually explicit photographs of herself.
“While technology in this era is a wonderful tool for connecting with others, it can also a very dangerous place, especially for children,” said Magidson. “Adults, parents, older siblings and caregivers need to be vigilant in their efforts to protect our children online. We need to teach them about these dangers, with whom they could be communicating and what information should and should not be shared.”
Authorities executed a search warrant at Heidemann’s residence in Dallas and seized several electronic media storage devices. Forensic examination led to the discovery of several photographs of the juvenile female that were sexually explicit in nature.
U.S District Judge Nelva Gonzales Ramos accepted the guilty plea today and set sentencing for Nov. 20, 2015. At that time, Heidemann faces up a minimum of 15 and up to 30 years in federal prison as well as possible $250,000 fine. Upon completion of any prison term imposed, Heidemann also faces a maximum of life on supervised release during which time the court can impose a number of special conditions designed to protect and prohibit the use of the Internet.
Heidemann was arrested on the federal charges in March 2015 and has been in custody since that time where he will remain pending his sentencing hearing.
The charges are the result of an investigation by Homeland Security Investigations with the assistance of the Corpus Christi Police Department-Internet Crimes Against Children Task Force.
This case, prosecuted by Assistant U.S. Attorney Hugo R. Martinez, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Convictions in Life Sentences for Valentino Bagola Upheld by the Eighth Circuit Court of AppealsRead the Press Release
FARGO - Acting U. S. Attorney Christopher C. Myers has announced that on August 6, 2015, the Eighth Circuit Court of Appeals affirmed the conviction and sentence of Valentino Bagola, 22, of St. Michael, ND. The grand jury indicted Bagola in July 2012, charging him with the deaths of 9-year-old Destiny Shaw and 6-year-old Travis Dubois, Jr., on the Spirit Lake Reservation. After a three-week trial, the jury found Bagola guilty of First-Degree Murder and U. S. District Judge Ralph R. Erickson sentenced Bagola to two life sentences, to be served concurrently. In its ruling, the Eighth Circuit Court of Appeals rejected every legal challenge raised by Bagola and determined that federal prosecutors had presented more than sufficient evidence establishing Bagola’s guilt.
Acting U.S Attorney Chris Myers said: "We are very pleased that the two life sentences given to Valentino Bagola for these horrible crimes were affirmed today by the Eighth Circuit Court of Appeals. The Court’s opinion provides some measure of justice for Destiny and baby Travis, their family, and the Spirit Lake community. Our continued commitment to public safety in Indian country is unwavering. Our skilled appellate team, led by AUSA Nick Chase, expertly drafted the appellate brief and navigated the oral argument with skill and professionalism – both critical to the positive result in this case."
Assistant U. S. Attorneys Clare Hochhalter, Janice Morley, Scott Schneider, and Acting United States Attorney Christopher Myers prosecuted the case; Assistant U. S. Attorney Nicholas Chase presented the appeal argument to the Eighth Circuit.
Company and Two Men Sentenced for Clean Water Act CrimesRead the Press Release
BINGHAMTON, NEW YORK – Mark Pullyblank, 54, of Caledonia, New York and William Clements, 54, of Victor, New York were sentenced yesterday for criminal violations of the Clean Water Act in federal court in Binghamton, New York, said United States Attorney Richard S. Hartunian and Vernesa Jones-Allen, Special Agent in Charge of U.S. Environmental Protection Agency’s criminal enforcement program in New York. Mark Pullyblank was sentenced to a 3 year term of probation, a $10,000 fine and 120 hours of community service. William Clements was sentenced to a 1year term of probation and a $2000 fine. Both men were employees of Crane-Hogan Structural Systems, Inc., Spencerport, New York, which also entered a corporate plea of guilty and was sentenced to pay a criminal fine of Five Hundred Thousand Dollars ($500,000) and was placed on a term of probation for 5 years. A condition of probation requires the company to develop, fund and implement a comprehensive Environmental Compliance Plan ("ECP") to prevent future violations.
As part of its guilty plea Crane-Hogan Structural Systems, Inc. admitted that in December 2008 and January 2009 during a hydro-demolition project at the Binghamton Governmental Center Parking Garage, in Binghamton, New York, it discharged concrete slurry into the Susquehanna River without a permit. Hydro-demolition results in the need to dispose of large quantities of waste concrete, concrete residue, and concrete slurry (concrete and water containing concrete sediments and/or high pH related thereto) William Clement was a project manager employed by Crane-Hogan Structural Systems, Inc. who supervised the negligent discharge of concrete slurry from hydro-demolition conducted within the Wilson Hospital Parking Garage, Johnson City, New York from May through July 2009, into a manhole that led to the Binghamton-Johnson City POTW.
Mark Pullyblank was a Project Manager employed by Crane-Hogan Structural Systems, Inc. who supervised the intentional discharge of concrete slurry from a hydro-demolition project at the Binghamton Governmental Center (BGC) Parking Garage, in Binghamton, New York in August and September 2009 into a BGC sub-basement sump that discharged to the storm sewer system and to the Susquehanna River.
"The illegal discharge of pollutants into the nation’s waters is a crime that has wide-ranging effects on the magnificent environment that is our shared legacy and violators will be held accountable under the law," said United States Attorney Richard S. Hartunian.
"America’s communities deserve clean water, free from pollutants in illegal wastewater discharges," said Vernesa Jones-Allen, Special Agent in Charge of EPA’s criminal enforcement program in New York. "For months, the defendants discharged contaminated wastewater in violation of the Clean Water Act. Protecting communities means holding violators accountable, both for illegal discharges and for failure to report them. It is appropriate that the company will be required to develop, fund, and implement an environmental compliance plan to ensure this type of illegal action doesn’t happen again."
The criminal investigation was conducted by the U.S. Environmental Protection Agency (EPA), Criminal Investigation Division and the New York State Department of Environmental Conservation, Bureau of Environmental Crimes Investigation.