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Friday 31 July 2015
Man Who Flew into Birmingham Airport and Tried to Fly Out Under Assumed Names Wanted in Detroit for MurderRead the Press Release
BIRMINGHAM -- A man who flew into the Birmingham-Shuttlesworth International Airport under an assumed name in March 2014 is wanted in Michigan for the murder of his father-in-law, announced U.S. Attorney Joyce White Vance.
U.S. District Judge Karon O. Bowdre sentenced ROBERT ANTHONY RICKS, 31, of Detroit, to the 16 months he has served since his arrest in Birmingham, but ordered him to remain in custody so he can be transferred to Detroit.
Assistant U.S. Attorney Elizabeth Holt told Judge Bowdre that there is an arrest warrant and a court detainer for Ricks out of Wayne County, Mich., for his father-in-law's murder. Holt said Ricks left Baltimore, Md., with his father-in-law on Feb. 21, 2014. The man's body was discovered in Detroit in March 2014, but not identified until months later.
Ricks was arrested in Birmingham in March 2014 after flying into and attempting to fly out of the Birmingham airport under assumed names. He pleaded guilty in March this year to one count of illegally possessing a document identifying him as someone else and intending to use that document to enter an aircraft or secure airport area.
According to Ricks' plea agreement, he flew from Atlanta to Birmingham on a Delta flight using another person's ticket. That ticket was in the name of a person identified in court documents by the initials, U.W.
Once in Birmingham, Ricks obtained United Airlines boarding passes from Birmingham to Chicago, and from Chicago to Colorado Springs by telling a United representative in Birmingham that he was M.M. Ricks made the claim at a United boarding gate after hearing a public address system message for M.M.
Ricks was arrested after he left the secure area of the Birmingham airport, twice tried to re-enter the area by going up the down escalator, and then tried to go through Transportation Security Agency checkpoints using one of the United boarding passes.
Holt told Judge Bowdre that it is still unknown how Ricks got to the Atlanta airport.
The FBI investigated the case, which Assistant U.S. Attorney Elizabeth Holt is prosecuting.
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Man Charged in District Court with Firearm and Drug OffensesRead the Press Release
St. Croix, USVI –Gerard St. Rose, 24, made his initial appearance Thursday before U.S. Magistrate Judge George W. Cannon in District Court after being charged in a three-count information with Possession of a Firearm Near a School, Unauthorized Possession of a Firearm, and Possession of Marijuana With Intent to Distribute Near a School, United States Attorney Ronald W. Sharpe announced today. St. Rose was released pending trial.
If convicted, St. Rose faces a maximum sentence of five years in prison on the firearm charges and 10 years on the marijuana charge.
United States Attorney Sharpe reminds the public that an indictment is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless proven guilty.
This case is the result of a joint investigation by the Virgin Islands Police Department and the U.S. Drug Enforcement Administration. It is being prosecuted by Assistant United States Attorney Alphonso Andrews, Jr.
MDPD PSA and Tow Truck Company Owner Charged in Illegal Bribery and Kickback SchemeRead the Press Release
Former Miami-Dade Police Department Public Service Aide and the owner of a tow truck company were charged in an illegal bribery and kickback scheme.
Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, FBI, Miami Field Office, and J.D. Patterson, Director, Miami-Dade Police Department (MDPD), made the announcement.
Matthew Valdes Perez, 29, and Lazaro Garcia, 31, are charged with conspiring to violate the Hobbs Act, in violation of Title 18, United States Code, Section 1951(a), an offense which carries a statutory maximum sentence of 20 years’ imprisonment. Valdes and Garcia are also charged with accepting, or paying, bribes concerning a local governmental agency receiving federal funds, in violation of Title 18, United States Code, Sections 666(a)(1)(B) and 666(a)(2), which carry a maximum sentence of 10 years’ imprisonment.
According to the facts alleged in the complaint, in August 2014, a confidential source (CS) told investigating FBI agents that Lazaro Garcia, the owner and operator of a tow truck company, had been receiving kickbacks from the CS and paying bribes to a MDPD Public Service Aide (PSA). The FBI subsequently corroborated the CS’s allegations during a series of recorded meetings between the CS, MDPD PSA Matthew Valdes, and Garcia. During those recordings, Garcia admitted paying Valdes for accident information which, in turn, Garcia would use to illegally solicit stranded drivers for business. Both Valdes and Garcia were recorded on multiple occasions participating in the illegal towing scheme.
The complaint further alleges that in order to further document the illicit relationship between Garcia and Valdes, the CS asked Garcia if he knew anyone who could collect confidential information regarding accident victims. The CS indicated he knew a corrupt chiropractor who would use the confidential information to illegally solicit the accident victims for business. Garcia suggested PSA Valdes. Between September 2014 and October 2014, Valdes accessed and collected the confidential personal information of dozens of accident victims from MDPD databases. Valdes and Garcia sold this information to the CS, in return for $4200 in cash payments. Those transactions were also recorded.
In January 2015, Valdes was interviewed by the FBI and confessed to his part in the various kickback schemes. Valdes admitted receiving more than $10,000 worth of bribes from Garcia between January 2014 and January 2015. Valdes also admitted receiving bribes from the CS for his role in the plot to steal accident victim’s personal information for use by the corrupt doctor.
Mr. Ferrer commended the investigative efforts of the FBI Miami Area Corruption Task Force and the MDPD Internal Affairs Professional Compliance Bureau. This case is being prosecuted by Assistant U.S. Attorney Anthony Lacosta.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Las Vegas Man Sentenced to 17.5 Years in Prison for Interstate Transportation of a 16-Year-Old for SexRead the Press Release
SACRAMENTO, Calif. — Donald J. Peel, 64, of Las Vegas, Nevada, was sentenced today by United States District Judge Garland E. Burrell Jr. to 17 and a half years in prison for transportation of a minor with the intent to engage in unlawful sexual activity, United States Attorney Benjamin B. Wagner announced.
In sentencing, Judge Burrell stated, “I cannot turn a blind eye to the nature and circumstances of the offense: they are despicable. … He is a danger to society who remains undeterred even after countless run-ins with the law.”
According to court documents and evidence presented during the jury trial, Peel took a 16-year-old girl from Las Vegas and moved her through five western states before he was arrested in Weed, California on March 19, 2014, where law enforcement found him with the minor. During the trip, Peel purchased and gave the 16-year-old illicit drugs, even administering methamphetamine to her intravenously, then had sex with the victim, sometimes multiple times a day, for all or most of the entirety of the trip. Needles used by the defendant to inject his victim with methamphetamine were found in his vehicle and introduced as evidence at trial.
Evidence at trial showed that Peel took extensive steps during the trip to isolate his victim and make her entirely dependent upon him, to conceal her age, and to conceal their identities, as he moved her through Nevada, Arizona, California, Oregon and Washington in a vehicle in which her door would not open. When she was found by law enforcement, she was famished and dirty. During the trial, the Peel’s Las Vegas girlfriend testified that Peel wanted to “clean up” the victim to prostitute her. Peel’s girlfriend also testified that Peel had attempted to marry her so that she would not be able to testify against him at trial.
This case was the product of an investigation by the Federal Bureau of Investigation, the California Highway Patrol, the Weed Police Department, Siskiyou Juvenile Probation Department, and the Franklin County Sheriff’s Office in Washington. Assistant United States Attorneys Michael M. Beckwith, Sherry D. Haus, and Matthew G. Morris prosecuted the case.
Justice Department Releases Findings of Constitutional Violations in Juvenile Delinquency Matters by St. Louis County Family CourtRead the Press Release
Following a comprehensive investigation, the Justice Department today announced its findings regarding the Family Court of the Twenty-First Judicial Circuit of the state of Missouri, commonly known as the St. Louis County Family Court. The Justice Department found that the family court fails to provide constitutionally required due process to children appearing for delinquency proceedings, and that the court’s administration of juvenile justice discriminates against Black children. The investigation was conducted under the Violent Crime Control and Law Enforcement Act of 1994, which gives the department the authority to seek a remedy for a pattern or practice of conduct that violates the constitutional or federal statutory rights of youths in the administration of juvenile justice.
“The findings we issue today are serious and compelling,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division. “Missouri was at the forefront of juvenile corrections reform when it closed its large juvenile institutions and moved to a smaller, treatment-focused system and we are hopeful that Missouri will rise to this challenge to, once again, be a leader in juvenile justice reform. This investigation is another step toward our goal of ensuring that children in the juvenile justice system receive their constitutionally guaranteed rights to due process and equal protection under the law.”
Since opening this investigation in November 2013, the Civil Rights Division has analyzed data relating to nearly 33,000 juvenile cases, including all delinquency and status offenses resolved in St. Louis County Family Court between 2010 and 2013; and has reviewed over 14,000 pages of documents, including family court records, transcripts, policies, procedures and external reports. In June 2014, Justice Department attorneys and its consultants—a law school clinical professor and experienced juvenile defense attorney and a nationally-recognized expert on measuring juvenile justice disparities through statistical analysis—visited the family court and interviewed a number of court personnel, including all of the judges and commissioners as well as the heads of many of family court programs and services. They also collected information from both the state and local public defender’s offices, private attorneys with experience in the family court and the parents of youth who had been involved in delinquency proceedings with the family court.
The Justice Department found a number of constitutional violations, including:
- Failure to ensure youth facing delinquency proceedings have adequate legal representation;
- Failure to make adequate determinations that there is probable cause that a child committed the alleged offense;
- Failure to provide adequate due process to children facing certification for criminal prosecution in adult criminal court;
- Failure to ensure that children’s guilty pleas are entered knowingly and voluntarily;
- An organizational structure that is rife with conflicts of interest, is contrary to separation of powers principles and deprives children of adequate due process; and
- Disparate treatment of Black children at four key decision points within the juvenile justice system.
The department has opened four cases examining whether juvenile justice systems comply with children’s rights since 2009. In 2012, the department settled its first investigation of this kind, reaching an agreement with the Juvenile Court of Shelby County, Memphis, Tennessee that calls for comprehensive due process, equal protection and facility reforms. On June 19, 2015, the Justice Department announced a partial settlement of its lawsuit alleging violations of children’s due process rights in Lauderdale County, Mississippi. In March 2015, the department announced its investigation of due process and disability discrimination issues in the Dallas County Truancy Court and Juvenile District Courts.
This investigation was conducted by the Special Litigation Section. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt.
Justice Department Releases Findings of Constitutional Violations in Juvenile Delinquency Matters by St. Louis County Family CourtRead the Press Release
Following a comprehensive investigation, the Justice Department today announced its findings regarding the Family Court of the Twenty-First Judicial Circuit of the state of Missouri, commonly known as the St. Louis County Family Court. The Justice Department found that the family court fails to provide constitutionally required due process to children appearing for delinquency proceedings, and that the court’s administration of juvenile justice discriminates against Black children. The investigation was conducted under the Violent Crime Control and Law Enforcement Act of 1994, which gives the department the authority to seek a remedy for a pattern or practice of conduct that violates the constitutional or federal statutory rights of youths in the administration of juvenile justice.
“The findings we issue today are serious and compelling,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division. “Missouri was at the forefront of juvenile corrections reform when it closed its large juvenile institutions and moved to a smaller, treatment-focused system and we are hopeful that Missouri will rise to this challenge to, once again, be a leader in juvenile justice reform. This investigation is another step toward our goal of ensuring that children in the juvenile justice system receive their constitutionally guaranteed rights to due process and equal protection under the law.”
Since opening this investigation in November 2013, the Civil Rights Division has analyzed data relating to nearly 33,000 juvenile cases, including all delinquency and status offenses resolved in St. Louis County Family Court between 2010 and 2013; and has reviewed over 14,000 pages of documents, including family court records, transcripts, policies, procedures and external reports. In June 2014, Justice Department attorneys and its consultants—a law school clinical professor and experienced juvenile defense attorney and a nationally-recognized expert on measuring juvenile justice disparities through statistical analysis—visited the family court and interviewed a number of court personnel, including all of the judges and commissioners as well as the heads of many of family court programs and services. They also collected information from both the state and local public defender’s offices, private attorneys with experience in the family court and the parents of youth who had been involved in delinquency proceedings with the family court.
The Justice Department found a number of constitutional violations, including:
- Failure to ensure youth facing delinquency proceedings have adequate legal representation;
- Failure to make adequate determinations that there is probable cause that a child committed the alleged offense;
- Failure to provide adequate due process to children facing certification for criminal prosecution in adult criminal court;
- Failure to ensure that children’s guilty pleas are entered knowingly and voluntarily;
- An organizational structure that is rife with conflicts of interest, is contrary to separation of powers principles and deprives children of adequate due process; and
- Disparate treatment of Black children at four key decision points within the juvenile justice system.
The department has opened four cases examining whether juvenile justice systems comply with children’s rights since 2009. In 2012, the department settled its first investigation of this kind, reaching an agreement with the Juvenile Court of Shelby County, Memphis, Tennessee that calls for comprehensive due process, equal protection and facility reforms. On June 19, 2015, the Justice Department announced a partial settlement of its lawsuit alleging violations of children’s due process rights in Lauderdale County, Mississippi. In March 2015, the department announced its investigation of due process and disability discrimination issues in the Dallas County Truancy Court and Juvenile District Courts.
This investigation was conducted by the Special Litigation Section. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt.
Judge Sentences Child Porn Producer to 19 Years in Federal PrisonRead the Press Release
PITTSBURGH - A Westmoreland County resident has been sentenced in federal court to 228 months imprisonment, followed by lifetime supervised release, on his conviction of production of material depicting the sexual exploitation of a minor, United States Attorney David J. Hickton announced today.
United States District Judge Mark R. Hornak imposed the sentence yesterday on Thomas Deglau, 56, formerly of Latrobe, Pa.
According to information presented to the court, the court was advised that on dates from on or about January 2012 to January 2014, Deglau employed, used, persuaded, induced, enticed, and coerced a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of the sexual exploitation of the minors.
Assistant United States Attorney Jessica Lieber Smolar prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Federal Bureau of Investigation and the Pennsylvania State Police for conducting the investigation that led to the successful prosecution of Deglau.
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.
Israeli Organized Crime Figure Sentenced to 32 Years in Federal Prison for Drug Trafficking, Money Laundering and ExtortionRead the Press Release
LOS ANGELES – A man linked to one of the most notorious organized crime rings in Israel and who on his own operated “a vast international criminal conspiracy engaged in drug trafficking and money laundering” was sentenced today to 384 months in federal prison.
Moshe Matsri, 48, of Tarzana, was sentenced this morning by United States District Judge S. James Otero.
Matsri was found guilty by a federal jury last October of conspiracy to commit money laundering, conspiracy to distribute at least five kilograms of cocaine, eight counts of money laundering, attempted distribution of at least five kilograms of cocaine, attempted possession with intent to distribute at least five kilograms of cocaine and conspiracy to commit extortion. He was convicted pursuant to a grand jury indictment that outlined Matsri’s role as leader of an organized crime enterprise that engaged in a wide-range of criminal behavior, including laundering money for narcotics traffickers by moving money around the world.
Matsri, who is also known as “Moshe the Religious,” is a well-known crime figure in the San Fernando Valley, and he has significant ties to the Abergil organized crime family, which is based in Israel and also operates internationally.
Matsri was found guilty following a two-week trial that also led to the conviction of Shay Paniry, 36, of Studio City, on drug trafficking, money laundering and extortion charges. “In this criminal corporation, [Paniry] was middle management, taking orders directly from Matsri and making sure the dirty work was done, whether he did it himself or recruited others to do it for him,” prosecutors wrote in a sentencing memo for Paniry.
In a hearing yesterday, Judge Otero sentenced Paniry to 210 months in federal prison.
Matsri and Paniry have been in custody since July 12, 2013, when they and several co-defendants were arrested as the result of an investigation by the Drug Enforcement Administration, the Federal Bureau of Investigation and the Los Angeles Police Department.
Matsri “was the leader of a vast international criminal conspiracy engaged in drug trafficking and money laundering across multiple continents,” prosecutors wrote in a sentencing memorandum filed with the court. “As CEO of this multi-faceted criminal business, [Matsri] used his extensive, sophisticated network to move over $660,000 in cash he believed were drug proceeds across international borders and across the United States, in exchange for over $57,000 in commissions.”
Matsri and his co-defendants “conducted complex, layered transactions to wire money through shell accounts in locations as far-flung as the Marshall Islands, Cyprus, and Gibraltar,” according to the sentencing memo that also outlines how Matsri “used a network of trusted individuals to bypass the financial system entirely, using ‘hawala’ transactions to move cash instantaneously from New York to Los Angeles, and from Vancouver to Los Angeles.”
The evidence presented at trial showed that Matsri agreed to help two undercover agents – he thought they were a Colombian drug trafficker and his Los Angeles-based associate – transport what he believed to be cocaine from Los Angeles to Utah in a car with a hidden trap compartment, and collect what believed to be a $40,000 drug debt using vandalism and threats of violence. Matsri also developed a plan to ship 20 kilograms of cocaine from Panama to Israel, and he paid $79,500 in cash for his share of the deal. Furthermore, Matsri proposed a deal to purchase 100 kilograms of cocaine on credit in Los Angeles for sale in New York, a deal that culminated in his arrest nearly two years ago.
In addition to Matsri and Paniry, the indictment names several co-defendants:
• Youval Geringer-Ganor, 62, of Los Angeles, who is scheduled to go to trial on September 1;
• Yaron Cohen, 45, of Amsterdam, who is scheduled to go to trial on April 12, 2016;
• Ibrahim Oter, 64, of Brussels, who is scheduled to go to September 12;
• Nisim Sabag, 38, of Los Angeles, who pled guilty to extortion and was sentenced to 355 days in jail; and
• Hector Miguel Gomez-Navarro, 25, of Cudahay, who pled guilty to charges of conspiracy to distribute at least five kilograms of cocaine and extortion and was sentenced to 41 months in prison.
Independence Business Owner, Wife Sentenced for Contraband Cigarette TraffickingRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that an Independence, Mo., business owner and his wife were sentenced in federal court today for their roles in a multi-million dollar, multi-state conspiracy to transport hundreds of thousands of cartons of contraband cigarettes from the Kansas City, Mo., area to the state of New York, where they were sold primarily on Indian reservations.
Craig Sheffler, 45, and his wife, Nicole Sheffler, both of Independence, were sentenced in separate appearances before U.S. District Judge Brian C. Wimes. Craig Sheffler was sentenced to five years of probation with six months to be served in a halfway house. Nicole Sheffler was sentenced to three years of probation.
On Dec. 19, 2014, Craig Sheffler pleaded guilty to participating in a conspiracy to commit wire fraud and contraband cigarette trafficking from July 2010 to Jan. 26, 2012. He has forfeited $599,206 to the government from his company, Cheap Tobacco Wholesale in Independence.
Craig Sheffler admitted that he made regular purchases of contraband cigarettes from undercover agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives. The contraband cigarettes were transported to New York without prior approval by the New York Department of Taxation and Finance and without first paying the required $4.35 per pack excise tax.
Conspirators purchased more than $17 million worth of contraband cigarettes from ATF agents during an undercover operation. Approximately 620,600 cartons of cigarettes – containing 10 packs per carton – were transported to New York without paying the required $4.35 per pack excise tax. The untaxed cigarettes were sold by New York retailers and smoke shops on the reservations in the state of New York. The benefit to those smoke shops was that they did not pay New York state cigarette taxes; thus, they could undercut the prices charged by off-reservation cigarette retailers by over $40 per carton. The total state excise tax lost to the state of New York was more than $8 million.
On Feb. 19, 2015, Nicole Sheffler pleaded guilty to her role in the conspiracy. She admitted that she collected and transported the money used to purchase the contraband cigarettes from the ATF undercover operation. Nicole Sheffler collected the money from customers of Cheap Tobacco Wholesale and cashed checks at a check cashing business. She delivered the money to the ATF undercover warehouse in Kansas City, Mo., for the cigarette purchases by Cheap Tobacco Wholesale.
This case is being prosecuted by Assistant U.S. Attorneys Paul S. Becker and Justin G. Davids. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, IRS – Criminal Investigation, the Federal Deposit Insurance Corporation – Office of Inspector General and the Kansas City, Mo., Police Department.
Illegal Alien to Serve Prison Time for Drug Crimes Before Deportation to MexicoRead the Press Release
PITTSBURGH - A native of Mexico, and former resident of the Los Angeles area of California, was sentenced yesterday in federal court for criminal charges regarding his cocaine trafficking and laundering of drug money, United States Attorney David J. Hickton announced today.
Gustavo Godinez who goes by the aliases Jorge Navarro Ochoa, Abel Acosta, Sergio Leon-Fregosa, Gustavo Torres, and “Tigre” (Spanish for “Tiger”), was sentenced by United States District Judge Mark R. Hornak to a 10-year term of imprisonment to be followed by a 25-year term of supervised release.
During the guilty plea on April 8, 2015, the court was advised that Godinez is a Mexican-born drug dealer who supplied between five and 15 kilograms of cocaine to Pittsburgh area drug dealers between 2012 and 2013. Using his drug proceeds, Godinez obtained expensive vehicles in the names of others and also opened bank accounts in the names of others. The federal investigation revealed that Godinez obtained drug payments from the Pittsburgh cocaine sales in the form of bank deposits, money orders, and wire transfers and that he utilized various associates in multiple states to obtain, deposit, cash, and withdraw the funds, incorrectly believing that his efforts would make it impossible for law enforcement to trace the money back to him. The organization kept the amounts of the money orders below federal reporting obligations for the same reason.
Since the defendant was on supervision in California during 2012-13 for a previous conviction involving his attempted sale of methamphetamine, Godinez acknowledged in court that he faces the possibility of additional incarceration in California. Godinez also faces potential federal charges in California for reentering the United States illegally after being deported to Mexico as a result of his prior drug dealing conviction.
Assistant United States Attorneys Jonathan Ortiz and Ross Lenhardt from the Violent Crime Section of the United States Attorney’s Office prosecuted Godinez on behalf of the government.
United States Attorney Hickton praised the collaborative efforts of all of the federal, state and local law enforcement officers who worked together to bring Godinez and his associates to justice. United States Attorney Hickton noted the efforts of the Drug Enforcement Administration-Pittsburgh District Office, and DEA HIDTA (High Intensity Drug Trafficking Area) Group 44, in Los Angeles. Hickton specifically noted the valuable efforts of the United States Postal Service, the Internal Revenue Service- Criminal Investigations, the Pennsylvania Attorney General’s Office, Department of Homeland Security/Immigration and Customs Enforcement, Homeland Security Investigations and numerous other officers and agencies.
Godinez and his drug trafficking organization was prosecuted through a multi-agency federal effort within the Organized Crime Drug Enforcement Task Force (OCDETF) program. The OCDETF program is intended to focus on prosecuting large scale drug traffickers whose crimes directly affect multiple jurisdictions within the United States.
Huntsville, Alabama, Police Officer Convicted of Excessive Use of Force and Obstruction of JusticeRead the Press Release
A federal jury in Huntsville, Alabama, convicted Huntsville Police Department Officer Brett Russell, 48, of deprivation of rights under color of law for assaulting and injuring G.H., a detainee, as well as obstruction of justice for filing a false police report regarding this incident.
According to the evidence presented at trial, on Dec. 23, 2011, G.H. was detained in the rear of a police vehicle parked in a hotel parking lot. After initially uttering profanity and kicking a rear window, G.H. sat handcuffed, compliant and nonresisting for approximately 30 minutes. As officers attempted to remove G.H. from the vehicle to place leg shackles on him, Russell yanked G.H. from the vehicle. While G.H. was lying handcuffed on the ground, the defendant repeatedly punched and kneed G.H. Other officers placed leg shackles on G.H. and Russell then transported G.H. to the Madison County, Alabama, Jail. When the jail refused to accept G.H. because of his injuries, Russell transported G.H.to the Huntsville Hospital. Russell subsequently wrote and submitted a false report claiming that G.H. tried to kick and head butt the officers. Further, Russell omitted from the false report any reference to the fact that he had used force on G.H.
Russell faces a statutory maximum sentence of 10 years in prison for the civil rights charge and a statutory maximum sentence of 20 years for the obstruction charge. Sentencing has yet to be scheduled, but will occur before U.S. District Court Judge Abdul K. Kallon in the Northern District of Alabama.
“The criminal behavior of this officer undermines the dedicated efforts of the vast majority of officers who serve honorably,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “The Justice Department is committed to holding officers who engage in such criminal acts accountable.”
“Most police officers honor their oaths, day in and day out, to uphold the law and protect the public, but this defendant disgraced his badge and used excessive force against a man in handcuffs,” said U.S. Attorney Joyce White Vance of the Northern District of Alabama. "This verdict reflects that abusing the authority of a police badge is a serious crime and it will be punished accordingly. My office remains committed to aggressive civil rights enforcement, and I thank the FBI for its dedication to investigating and compiling evidence in these type of cases. "
This case is being investigated by the FBI’s Florence Resident Agency. It is being prosecuted by Trial Attorney Carroll McCabe of the Civil Rights Division and Assistant U.S. Attorneys Daniel Fortune and Xavier O. Carter Sr. of the Northern District of Alabama.
Houston Woman Arrested for Adoption FraudRead the Press Release
HOUSTON – The owner of a child placement agency in Houston has been charged and arrested in a four-count indictment alleging an adoption fraud scheme, announced United States Attorney Kenneth Magidson. Simone Swenson, 40, of Houston, owned and operated Sans Pareil Center for Children and Family Services LLC, which was licensed to operate as both a foster care and child placement agency.
The indictment was returned under seal July 29, 2015, and unsealed today upon her arrest. She is expected to make her initial appearance before a U.S. magistrate judge at 10:00 a.m. Monday, Aug. 3, 2015.
Sans Pareil catered to adoptive families that desired to participate in domestic private (non-CPS) adoption program. According to the allegations in the indictment, from on or about January 2013 to on or about January 2014, Swenson defrauded numerous prospective adoptive families with the same birth mother, a scheme known as double matching. As part of the scheme, she allegedly obtained money and property by means or materially false and fraudulent pretenses, representations and promises.
The indictment alleges Swenson double matched birth mothers who expected to have only one baby to multiple adoptive families. Once money was wired and/or mailed into her account from those families, the charges allege that she would find a way, through lies and misrepresentations, to get out of the agreements.
According to the allegations, Swenson would contact prospective families about birth mothers but would not proceed until agency fees and expenses were paid up front. Swenson would allegedly make promises for a successful adoption. In reliance upon those representations, the indictment alleges prospective adoptive families hired attorneys and other adoption agencies, purchased airline tickets, booked hotel rooms, prepared and purchased items for the expected child’s nursery and transportation and incurred other expenses related to the prospective adoption.
The indictment alleges Swenson would and did charge fees without explanation, and the fees did not apply equally to all adoptive families as required by regulations.
According to the indictment, Swenson was always available and responsive to prospective adoptive families prior to receiving agency fees. However, once she received monies from adoptive families, she would become unavailable and would not return phone calls for long periods of time, if at all, according to the indictment. When she did have contact with the adoptive families, she would allegedly be brief, inconsiderate and provide vague information regarding the birth mothers and their delivery status.
In addition, Swenson rarely provided invoices or receipts to the adoptive families for their paid fees and expenses, according to the allegations. When adoptive families would ask Swenson for proof of payment, Swenson allegedly did not respond unless there was money to be collected from them.
According to the indictment, Swenson illegally collected $111,000 as part of the scheme.
In August 2012, Sans Pareil’s foster care license was revoked after regulators discovered money intended for foster families was used to pay mortgage payments and for visits to the nail salon.
Swenson is charged with two counts of mail fraud and two counts of mail fraud, each of which carries a possible 20-year prison term as well as a $250,00 maximum fine, upon conviction.
The investigation leading to the arrest was conducted by the FBI. Assistant U.S. Attorney Tina Ansari is prosecuting this case.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Hillsborough Business Owner Charged with Tax FraudRead the Press Release
SAN FRANCISO – A federal grand jury indicted Brian Peter Stallings for tax fraud, announced United States Attorney Melinda Haag and Internal Revenue Service, Criminal Investigation, Acting Special Agent in Charge Thomas McMahon.
According to the indictment, from 2008 through 2011, Stallings, of Hillsborough, Calif., was the president and sole shareholder of Stallings Painting, Inc. (SPI), a company engaged in residential and commercial painting. During these years, SPI maintained at least two business bank accounts, one with Comerica Bank and another with First Bank. Stallings was the sole signatory on both bank accounts. From 2008 through 2010, SPI deposited gross receipts into both accounts. Stallings, however, only provided his accountants with bank statements from SPI’s Comerica Bank account and did not report the income deposited into the First Bank account. Stallings is charged with making and subscribing false tax returns for the 2008, 2009, and 2010 tax periods. Additionally, from the second quarter of 2009 through 2011, Stallings paid wages to his employees from the account with First Bank, but did not collect, account for, and pay over to the IRS federal income and Federal Insurance Contributions Act taxes required to be withheld from those wages.
The grand jury charged Stallings with one count of filing false tax returns, in violation of 26 U.S.C. § 7206(1), and 13 counts of willful failure to account for and pay over taxes, in violation of 26 U.S.C. § 7202.
Stallings made his initial appearance in federal court in San Francisco on July 31, 2015, at 9:30 a.m., before the Honorable Nandor J. Vadas, U.S. Magistrate Court Judge.
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, the defendant faces a maximum sentence of three years in prison and a fine of $250,000 for filing false tax returns, in violation of 26 U.S.C. § 7206(1). The maximum sentence for each count of willful failure to account for and pay over taxes, in violation of 26 U.S.C. § 7202, is five years in prison and a fine of $250,000. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorney Jose A. Olivera is prosecuting the case. The prosecution is the result of an investigation by the Internal Revenue Service, Criminal Investigation.
Hayward Tax Return Preparer Sentenced to Two Years in PrisonRead the Press Release
OAKLAND – Runnveer Singh was sentenced today to two years in prison and ordered to pay restitution in the amount of $124,528 for aiding and assisting in the preparation of false tax returns, announced U.S. Attorney Melinda Haag and Internal Revenue Service, Criminal Investigation, Acting Special Agent in Charge Thomas McMahon.
Singh, 54, of Hayward, Calif., pleaded guilty to one count of aiding and assisting in the preparation of false tax returns. According to his plea agreement, Singh admitted that for the tax years 2009 through 2011, he prepared false tax returns claiming both false and ineligible deductions and credits for clients. The false items included unreimbursed employee expenses, charitable deductions, schedule C business expenses, education credits, personal property tax, and other schedule A expenses. By including these items on his clients’ tax returns, he caused the IRS to issue inflated tax refunds of at least $130,435.
On November 14, 2012, during the execution of a search warrant at Singh’s Hayward residence, he told IRS Special Agents that he knowingly prepared false tax returns in order to obtain returning customers. Following the execution of the search warrant and his statement to IRS-CI Special Agents, Singh instructed one of his clients to submit both false and ineligible information to an IRS Revenue Agent during the audit of his 2010 income tax return. Singh did so to justify the false and ineligible business expenses he reported on the client’s 2010 tax return.
Singh operated his tax return preparation business in Hayward from 2008 through 2013. During the six year period, he obtained clients from the local Fijian community and prepared thousands of income tax returns.
The sentence was handed down today by the Honorable Jon S. Tigar, U.S. District Judge. Judge Tigar also sentenced the defendant to a one-year period of supervised release, with the condition that the defendant not prepare state or federal tax returns, and ordered him to pay $124,528 in restitution to the Internal Revenue Service. The defendant will begin serving the sentence on September 30, 2015.
Assistant US Attorney Thomas Moore is prosecuting the case. The prosecution is the result of an investigation by the Internal Revenue Service, Criminal Investigation.
Harrisburg Man Pleads Guilty to Production of Child PornographyRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Michael Kman, age 51, of Harrisburg, pleaded guilty yesterday to production of child pornography before United States District Court Judge Sylvia H. Rambo in Harrisburg.
According to United States Attorney Peter Smith, the charges against Kman were a result of Kman inducing, persuading and coercing his daughter, then age 17, to engage in sexually explicit conduct for the purpose of producing a visual depiction of the sexual activity.
The investigation was conducted by the Federal Bureau of Investigation and the East Pennsboro Police Department. The case is being prosecuted by Assistant United States Attorney Joseph J. Terz. A sentencing date has not yet been set.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 30 years of imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. Kman also faces a mandatory minimum sentence of 15 years in prison. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Green Bay Man Sentenced for Sexual Exploitation of Minor ChildrenRead the Press Release
James L. Santelle, United States Attorney for the Eastern District of Wisconsin, announced that on July 30, 2015, Joseph J. Valdez (age: 29) of Green Bay, Wisconsin, was sentenced by Chief District Judge William C. Griesbach to 15 years in federal prison for sexual exploitation of a child in violation of Title 18 U.S.C. Section 2251(a). Upon his release the defendant will be on federal supervised release for 20 years and will have to register as a sex offender in the jurisdiction in which he resides.
Valdez used his cellular telephone to exchange texts and instant messages with hundreds, if not thousands, of underage girls across the country and in Canada. Often, Valdez held himself out as a modeling agent to entice the minors to send him naked photographs of themselves. He would then threaten to send these photographs to the girls’ school administrators, parents, or threaten to release them on the internet with their home address accompanying the photographs. In response, many of the teen girls sent Valdez increasingly more graphic and sexually explicit photographs. Some of the minors threatened suicide in an attempt to stop the cycle of blackmail, though Valdez continued making further demands undeterred.
Valdez was previously convicted of sending obscene email messages to a minor in 2009, in Kewaunee County Circuit Court, following a prosecution by the State of Wisconsin. He received a sentence of probation which he violated approximately a year later by electronically corresponding with a minor.
In pronouncing sentence, Chief Judge Griesbach noted the reprehensible nature of Valdez’s crime, as well as the lifelong effects that his sexual exploitation will have on an untold number of victims. The court noted Valdez’s “continuous pattern of exploiting children” and declared his actions “horrendous and not to be tolerated.”
The case was investigated by the Seymour Police Department and the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Daniel R. Humble.
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 U.S. Department of Justice. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Georgia Man Pleads Guilty to Wire Fraud, Money Laundering and Theft ChargesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jorge Salazar, age 57, of Georgia pleaded guilty on Wednesday, July 29, 2015, to wire fraud, money laundering and aggravated theft charges before United States District Court Judge Sylvia H. Rambo in Harrisburg.
According to United States Attorney Peter Smith, the charges against Salazar were a result of a fraudulent investment scheme he carried out in Adams County, Pennsylvania from 2012 through 2014. The investment scheme netted about $360,000.
The investigation was conducted by the Federal Bureau of Investigation, the Internal Revenue service, Criminal Investigations, and the Pennsylvania State Police. The case is being prosecuted by Assistant United States Attorney Joseph J. Terz. A sentencing date has not yet been set.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 42 years of imprisonment, a term of supervised release following imprisonment, and a $750,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Fort Yates Man Sentenced for Sexual Abuse of a MinorRead the Press Release
BISMARCK - Acting U. S. Attorney Christopher C. Myers announced that on July 30, 2015, Donald Clark Luger a.k.a. Jody Luger, 64, Fort Yates, ND, was sentenced before U. S. District Judge Ralph R. Erickson to serve 11 ½ years in prison for aggravated sexual assault by force. Judge Erickson also sentenced Luger to five years supervised release and was ordered to pay a $100 special assessment to the Crime Victims Fund.
On Nov. 21, 2014, Luger was found guilty after a four-day jury trial of Aggravated Sexual Abuse by Force. The incident took place in Fort Yates in 1997. Luger sexually assaulted a minor between the age of twelve and sixteen. The victim was the child of an individual with which Luger was engaged in a dating relationship with. During the investigation of the matter several other victims were identified that had been previously assaulted by Luger in a similar fashion, however, due to the statute of limitations the United States was unable to charge Luger for those assaults. Two of the prior victims testified at trial as propensity witnesses.
This case was investigated by the Federal Bureau of Investigation and Bureau of Indian Affairs – Standing Rock Agency.
Assistant U. S. Attorney Gary Delorme prosecuted the case.
Former Kincheloe Resident, Tommy Alan Cain, Sentenced for Sexual Assault of A MinorRead the Press Release
MARQUETTE, MICHIGAN — U.S. Attorney Patrick A. Miles, Jr., announced that Tommy Alan Cain, 62, a former resident of Kincheloe, Michigan, was sentenced in U.S. District Court to 180 months’ imprisonment for sexual abuse of a minor. In addition to the prison term, Cain was also ordered to serve ten years of supervised release following the completion of his term of incarceration and to have no contact with the victim.
Cain was indicted by a federal grand jury in July of 2014 and pled guilty on February 25, 2015 to sexually abusing a 12-year-old girl at a residence on the Sault Ste. Marie Tribe of Chippewa Indians reservation in the summer of 2007. The incident came to light in August of 2012 when the victim first disclosed that Cain had been sexually abusing her over the course of the preceding five years. In imposing the maximum sentence permitted under the statute, U.S. District Judge R. Allan Edgar emphasized the need to protect the public from Cain, whose conduct he described as "heinous."
The Sault Ste. Marie Tribal Police and the FBI investigated the case. Assistant U.S. Attorney Hannah N. Bobee prosecuted the case.
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Former Hershey Medical Center Research Technologist Charged with Health Care FraudRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a former Hershey Medical Center Research Technologist has been indicted by a federal grand jury in Harrisburg on health care fraud and false statements charges in connection with performing flawed genetic diagnostic tests for 124 cancer patients.
According to United States Attorney Peter Smith, Floyd Benko, age 60, a former research technologist at the Hershey Medical Center in Hershey, PA, is charged with one count of health care fraud and two counts of false statements in health care matters.
The Indictment was sealed pending Benko being taken into custody. He surrendered today, the Indictment was unsealed and Benko had his initial appearance in court before U.S. Magistrate Judge Susan E. Schwab. Benko was released on his own recognizance. Trial has been tentatively scheduled for September 14, 2015 before U.S. District Court Judge Yvette Kane.
According to the Indictment, Benko, a resident of Palmyra, PA, allegedly performed gene mutation tests for 124 advanced stage cancer patients at the Medical Center in 2013 and 2014. These tests help physicians diagnose a patient’s particular type of cancer so that specifically tailored treatments can be administered to the patient.
Benko allegedly did not perform the tests, or assays, in the manner called for by Hershey’s standard operating procedures. Subsequent retesting of the patients revealed that 60 of the 124 patients had results that varied from results obtained by an outside laboratory. The Medical Center considers those results as “discordant.”
Benko is charged in the two false statement counts with lying to administrators of the Hershey Medical Center about how he conducted the assays in two written statements he provided the hospital in April and October of 2014. Benko also allegedly failed to disclose and concealed the fact that he did not follow standard Hershey operating procedures by not preserving the patients’ leftover tissue and DNA samples.
According to the Indictment, the Hershey Medical Center incurred losses totaling $102, 406 as a result of Benko’s fraud, $65,000 for outside laboratory testing and $37,406 for assay refunds.
Hershey Medical Center reported the incident to law enforcement agencies and is cooperating with the investigation. According to the Medical Center, the patients who had a discordant test result in the relevant time period have been notified by the Center. Persons seeking further information concerning the flawed tests should contact Hershey Medical Center’s Chief Medical Officer at 717-531-4595. The Medical Center provided information regarding this case on its website on September 23, 2014. http://pennstatehersheynewsroom.org/press-resources/statements/penn-state-hershey-provides-information-about-molecular-lab-inconsistencies/
Benko resigned from his position at the Medical Center in April 2014.
The case is being investigated by the Harrisburg Office of the Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorneys Kim Douglas Daniel and Anthony Scicchitano.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty for Health Care Fraud is 10 years of imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. The maximum term of imprisonment for False Statements in Health Care Matters is five years imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Former Gulf Cartel Member Sentenced to 18 Years in Prison for International Drug TraffickingRead the Press Release
Ediel Lopez Falcon, a member of the Gulf Cartel, was sentenced today to serve 18 years in prison for conspiring to import multi-ton quantities of cocaine and marijuana into the United States. Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and Acting Administrator Chuck Rosenberg of the Drug Enforcement Administration (DEA) made the announcement.
Lopez Falcon, 41, pleaded guilty on Feb. 3, 2015 before U.S. District Judge Barbara J. Rothstein of the District of Columbia. In addition to imposing the prison term, the court ordered Lopez Falcon to forfeit $15 billion, which represents the gross receipts of the Gulf Cartel’s drug sales from its principal distribution centers located along the U.S.-Mexico border.
In connection with his guilty plea, Lopez Falcon admitted that he was a member of the Gulf Cartel, a Mexico-based criminal organization, also known as “The Company,” which was responsible for the distribution of multi-ton quantities of cocaine and marijuana from Mexico into the United States. According to the statement of facts to which Lopez Falcon admitted as part of his guilty plea, the Gulf Cartel maintained an armed faction, known as “Los Zetas,” which was made up of ex-military personnel, and that acted as enforcers and hit-men to protect the Gulf Cartel’s territory from rival drug traffickers.
In connection with his guilty plea, Lopez Falcon further admitted to supporting The Company’s mission by becoming directly involved in the importation of cocaine and marijuana into the United States and the transportation of drug proceeds back to Mexico from the United States. Pretrial documents also reveal that Lopez Falcon was lawfully intercepted discussing shipments of cocaine and marijuana, the acquisition of weapons, and the transportation of bulk cash with his co-conspirators.
The investigation was conducted by the DEA’s Houston Field Division and the DEA Bilateral Investigation Unit and was part of an Organized Crime and Drug Enforcement Task Force investigation. The case was prosecuted by Trial Attorney Adrián Rosales of the Criminal Division’s Narcotic and Dangerous Drug Section.
Former Employee of Atlantic County, New Jersey, Timeshare Consulting Firm Sentenced to 30 Months in Prison for Conspiring to Defraud Timeshare OwnersRead the Press Release
CAMDEN, N.J. – A former employee of The Vacation Ownership Group LLC of Pleasantville, New Jersey, was sentenced today to 30 months in prison for conspiring to defraud owners of timeshare properties by offering phony consulting services, U.S. Attorney Paul J. Fishman announced.
Joseph Saxon, 42, of Brigantine, New Jersey, previously pleaded guilty before U.S. District Court Judge Noel L. Hillman to a superseding information charging him with one count of conspiracy to commit mail and wire fraud. Judge Hillman imposed the sentence today in Camden federal court.
According to documents filed in this case and statements made in court:
The Vacation Ownership Group, a/k/a VO Group LLC, had offices in Mays Landing, New Jersey, and Egg Harbor Township, New Jersey, and claimed to offer to owners of timeshares consulting services that included cancelling, purchasing and upgrading the timeshares.
In 2010, Saxon started working at the VO Group and was trained by VO Group co-owner Adam Lacerda, 31, of Egg Harbor Township, New Jersey, to call customers using prepared scripts. The defendant called customers and gave them the false impression that he was working for a bank or lending institution. After hearing Saxon’s false representations, some customers sent checks to the VO Group. For example, Saxon falsely told one victim that Saxon was working with the bank that held the victim’s timeshare mortgage and that the bank wanted to settle the loan for a fraction of the price. The victim then mailed a check for $5,925 to the VO Group. Saxon admitted causing more than $120,000 in losses.
In addition to the prison term, Judge Hillman sentenced Saxon to three years of supervised release.
Lacerda, who was previously convicted at trial for his role in the scheme, was sentenced to 27 years in prison on June 25, 2015.
U.S. Attorney Fishman credited special agents of FBI’s Atlantic City Resident Agency, under the direction of Special Agent in Charge Richard M. Frankel in Newark; and special agents from the Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the direction of Special Agent in Charge Cheryl Garcia, New York Region, for the investigation. He also thanked the N.J. Department of Labor and Workforce Development for its assistance.
The government is represented by Assistant U.S. Attorney R. David Walk Jr. of the U.S. Attorney’s Office Criminal Division in Camden.
Defense counsel: David S. Rudenstein Esq., Philadelphia
Former Chief Operating Officer of Sacred Heart Hospital Sentenced to 21 Months in Prison for Conspiring in Kickback SchemeRead the Press Release
CHICAGO — The former chief operating officer of Sacred Heart Hospital was sentenced Friday to 21 months in prison for arranging payoffs to doctors in exchange for referring patients to the now-shuttered facility on Chicago’s West Side.
CLARENCE NAGELVOORT, 60, of Chicago, conspired with other hospital executives to pay kickbacks and bribes to doctors to induce the referrals. The payoffs were disguised in a number of ways, including compensation for consulting work, instructional services and lease agreements, and through the provision of free professional staff.
A jury convicted Nagelvoort in March of one count of conspiracy to violate the federal healthcare anti-kickback statute, and 11 counts of paying kickbacks for patient referrals. In addition to the prison term, U.S. District Judge Matthew F. Kennelly ordered Nagelvoort jointly liable for an $8.48 million forfeiture with his co-conspirators, EDWARD NOVAK and ROY PAYAWAL.
Novak, of Park Ridge, was the hospital’s former owner and chief executive officer. He was sentenced Wednesday to 54 months in prison. Payawal, of Burr Ridge, served as the hospital’s chief financial officer. Judge Kennelly sentenced Payawal on Thursday to 12 months and one day in prison. Other convicted executives, including the chief operating officer who succeeded Nagelvoort and the Vice President of Geriatrics, are awaiting sentencing.
The hospital executives are among nine defendants convicted in a multi-year investigation of Sacred Heart, a 119-bed acute care facility at 3240 West Franklin Boulevard in Chicago. From 2001 through April 2013, the executives conspired to pay kickbacks and bribes to physicians to induce them to refer patients to the hospital for services that would be reimbursed by Medicare and Medicaid. Evidence at trial revealed that hospital administrators tried to conceal the kickbacks by creating sham professional and lease agreements with doctors. The hospital closed in 2013 in the aftermath of the criminal indictments.
The Sacred Heart investigation was carried out by the Medicare Fraud Strike Force, which is part of the Health Care Fraud Prevention & Enforcement Action Team (HEAT), a joint initiative between the U.S. Justice Department and the U.S. Department of Health and Human Services to prevent fraud and to enforce anti-fraud laws around the country. Dozens of defendants have been charged in numerous fraud cases since the strike force began operating in Chicago in 2011.
“It is illegal for hospitals and other health care providers to pay for patient referrals,” said Zachary T. Fardon, United States Attorney for the Northern District of Illinois. “We will continue to pursue these cases through our investigative partnerships with federal, state and local authorities.”
Mr. Fardon announced today’s sentence along with Lamont Pugh III, Special Agent-in-Charge of the Chicago Region of the U.S. Department of Health and Human Services Office of Inspector General; and Robert J. Holley, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation.
In addition to Nagelvoort, Novak and Payawal, the prior convictions include:
Dr. PERCY CONRAD MAY JR., of Chicago, a physician who practiced at Sacred Heart. His sentencing is scheduled before Judge Kennelly on Sept. 24, 2015, at 1:30 p.m.
Dr. SUBIR MAITRA, of Chicago, a physician who practiced at Sacred Heart. He was sentenced by Judge Kennelly in 2014 to six months in prison.
Dr. JAGDISH SHAH, of Oak Brook, a physician who practiced at Sacred Heart. His sentencing will be set at a future date to be determined by Judge Kennelly.
ANTHONY J. PUORRO, formerly of Chicago, who was Sacred Heart’s chief operating officer after Nagelvoort. His sentencing will be set at a future date to be determined by Judge Kennelly.
NOEMI VELGARA, of Chicago, who was Sacred Heart’s vice president of geriatric services. Her sentencing will be set at a future date to be determined by Judge Kennelly.
Dr. SHANIN MOSHIRI, also known as “Shawni Moshiri,” of Chicago, a physician who practiced at Sacred Heart. Dr. Moshiri is scheduled to be sentenced by Judge Kennelly on Oct. 21, 2015, at 1:30 p.m.
The government is being represented by Assistant United States Attorneys Joel Hammerman, Ryan Hedges, Kelly Greening, Diane MacArthur, and Brian Wallach.
Florida Resident Sentenced for Accessing and Removing Classified Information from Military ComputersRead the Press Release
Christopher R. Glenn, 34, a South Florida Resident, was sentenced on July 31, 2015, to 120 months of imprisonment to be followed by three years of supervised release by U.S. District Judge Kenneth A. Marra of the Southern District of Florida following his guilty plea for willful retention of classified national defense information under the Espionage Act, computer intrusion under the Computer Fraud and Abuse Act and conspiracy to commit naturalization fraud.
Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida and Special Agent in Charge George L. Piro of the FBI’s Miami Field Office made the announcement.
“Christopher Glenn exploited his position as a cleared military contractor and systems administrator to steal classified U.S. military secrets,” said Assistant Attorney General Carlin. “In doing so, he violated the unique trust placed in him by the Department of Defense. Insider threats by trusted employees who exploit computer access are a significant danger to U.S. national security and this sentencing shows it will not be tolerated.”
“The defendant exploited and violated the special trust placed in him as a computer network system administrator working at a United States military base, in order to penetrate the computer system and steal classified materials,” said U.S. Attorney Ferrer. “We will continue to investigate and prosecute insider threats to national security and we will bring those violators to justice.”
According to court records, while working as a computer systems administrator at Soto Cano Air Base in Honduras, Glenn accessed a classified Department of Defense network without authorization and removed classified national defense information from Department of Defense and U.S. Southern Command’s (SOUTHCOM’s) Joint Task Force-Bravo, including intelligence reports and military plans. Glenn proceeded to encrypt the files and place them on an Internet-accessible network storage device located in his residence in Honduras.
Glenn also conspired with his wife, Khadraa A. Glenn, 28, to commit naturalization fraud for her benefit by fabricating fraudulent documents and submitting false statements and the documents to the U.S. Citizenship and Immigration Services (USCIS). Khadraa A. Glenn previously pleaded guilty to naturalization fraud conspiracy and was sentenced on Oct. 7, 2014.
Assistant Attorney General Carlin and U.S. Attorney Ferrer commended the investigative efforts of the FBI, U.S. Army’s 470th Military Intelligence Brigade, U.S. Army’s Criminal Investigations Division, SOUTHCOM, USCIS, IRS-CI, the Department of Homeland Security and the South Florida Joint Terrorism Task Force. The case is being prosecuted by Assistant U.S. Attorney Ricardo Del Toro of the Southern District of Florida and Trial Attorney Christian Ford of the National Security Division’s Counterintelligence and Export Control Section.
Ferguson “Peacemaker” to Speak at Kansas Civil Rights SymposiumRead the Press Release
TOPEKA, KAN. - A federal peacemaker who spent months working with community and police in Ferguson, Mo., will be a featured speaker at the U.S. Attorney’s Kansas Civil Rights Symposium in Topeka.
The symposium is set for 9 a.m. to 4 p.m. Aug. 14 in the auditorium of the Brown v. Board of Education National Historic Site at 1515 SE Monroe in Topeka. There is no charge to attend, but registration is required.
Rita Valenciano, a conciliation specialist with the Justice Department’s Community Relations Service (CRS), will speak on how the agency works to build stronger relationships between police departments and communities. She was a member of the CRS team that went to Ferguson, Mo., following the death of Michael Brown in August 2014.
“Rita and other representatives of the Community Relations Service are our peacemakers,” said U.S. Attorney Barry Grissom. “They don’t investigate or prosecute. They work to build mutual understanding.”
Registration is still open for the symposium, but seating is limited to 100. The symposium annually attracts law enforcement officers and civil rights leaders from across Kansas. Other topics will include human trafficking and a presentation on the Americans with Disabilities Act by Anthony Fadale, ADA Coordinator for the State of Kansas.
To register, download the registration form at:
http://www.justice.gov/usao-ks
Email the completed form to [email protected]. For more information, contact Heather Buller at 620-694-1537 or Jim Cross at 316-269-6552.
Felon, Xavier Velvie McCarty, Sentenced to 70 Months in Federal Prison for Possessing Firearms He Stole from A Gun StoreRead the Press Release
GRAND RAPIDS, MICHIGAN — Xavier Velvie McCarty, 22, of Muskegon, Michigan, was sentenced to seventy (70) months in federal prison for possessing firearms as a convicted felon, U.S. Attorney Patrick A. Miles, Jr. announced today. In addition to the prison term, U.S. District Judge Paul L. Maloney imposed a three-year term of supervised release that will commence once McCarty is released from imprisonment.
McCarty pleaded guilty on April 9, 2015. The facts underlying his conviction were outlined in a written plea agreement and in the government’s sentencing memorandum. During the early morning hours of October 14, 2014, McCarty broke into a federally licensed firearms dealer in Robinson Township, Ottawa County, Michigan. He used a hammer to smash a display case, and he then removed approximately 30 handguns from the case and placed them into a duffel bag he had brought with him. While McCarty was stealing the handguns, a silent alarm alerted police to the burglary. Officers responded to the scene, and McCarty fled through a broken window, leaving the duffel bag of stolen handguns behind. Police apprehended him nearby a short time later.
McCarty had previously been convicted of a felony drug offense, and he was on probation for another drug offense at the time. He later admitted that he intended to sell the stolen handguns.
In imposing sentence, Judge Maloney emphasized the serious nature of McCarty’s conduct and the grave risk it posed to the community. Judge Maloney noted that McCarty’s sentence would serve as an appropriate deterrent for others contemplating similar conduct. He also ordered McCarty to pay $880 in restitution to repair the property that was damaged and destroyed during the break-in.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Ottawa County Sherriff’s Office, and the Holland Police Department investigated the case. Assistant U.S. Attorney Sean M. Lewis prosecuted the case.
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Federal Court Permanently Bars Illinois Woman from Preparing Federal Tax Returns for OthersRead the Press Release
A federal court has permanently barred a Bolingbrook, Illinois, woman and her tax preparation business from preparing federal tax returns for others, the Justice Department announced today.
The civil injunction order prohibits Judy Brooks and Judy Brooks & Associates Financial Services Corporation (JBA) from acting as a tax return preparer and from continuing to operate a tax preparation business. Brooks agreed to entry of the injunction by U.S. District Court Judge Samuel Der-Yeghiayan of the Northern District of Illinois.
According to the complaint, Brooks prepares returns containing false expenses from non-existent businesses and claiming head of household filing status for customers who were ineligible, according to the suit. In addition, the complaint alleges that Brooks fabricates tax credits, including education credits, child and dependent care credits, and residential energy credits. These actions resulted in inflated tax refunds to which her customers were not entitled.
The complaint alleges the Internal Revenue Service (IRS) examined 59 income tax returns that Brooks or JBA prepared for tax years 2010 through 2013, and of those returns, 100 percent underreported the customer’s tax due. The IRS calculated a deficiency of approximately $6,729 per examined return, according to the suit.
The injunction order requires Brooks to provide the United States with a list of her customers since 2010, and to send a copy of the court’s injunction order to all customers for whom she prepared returns.
Return preparer fraud is one of the IRS’s Dirty Dozen Tax Scams for 2015. The IRS has some tips on its website for choosing a tax preparer, and has launched a free directory of federal tax preparers. In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers and tax scheme promoters. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on here. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Federal Court Permanently Bars Bolingbrook, Illinois, Woman from Preparing Federal Tax Returns for OthersRead the Press Release
WASHINGTON – A federal court has permanently barred a Bolingbrook, Illinois, woman and her tax preparation business from preparing federal tax returns for others, the Justice Department announced today.
The civil injunction order prohibits Judy Brooks and Judy Brooks & Associates Financial Services Corporation (JBA) from acting as a tax return preparer and from continuing to operate a tax preparation business. Brooks agreed to entry of the injunction by U.S. District Court Judge Samuel Der-Yeghiayan of the Northern District of Illinois.
According to the complaint, Brooks prepares returns containing false expenses from non-existent businesses and claiming head of household filing status for customers who were ineligible. In addition, the complaint alleges that Brooks fabricates tax credits, including education credits, child and dependent care credits, and residential energy credits. These actions resulted in inflated tax refunds to which her customers were not entitled.
The complaint alleges the Internal Revenue Service (IRS) examined 59 income tax returns that Brooks or JBA prepared for tax years 2010 through 2013, and of those returns, 100 percent underreported the customer’s tax due. The IRS calculated a deficiency of approximately $6,729 per examined return, according to the suit.
The injunction order requires Brooks to provide the United States with a list of her customers since 2010, and to send a copy of the court’s injunction order to all customers for whom she prepared returns.
Return preparer fraud is one of the IRS’s Dirty Dozen Tax Scams for 2015. The IRS has some tips on its website for choosing a tax preparer, and has launched a free directory of federal tax preparers. In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers and tax scheme promoters. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on here. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Injunction
Fall River Man Sentenced for Child Pornography OffensesRead the Press Release
BOSTON – A Fall River man was sentenced today in U.S. District Court in Boston for distribution and possession of child pornography.
Frank D. Almeida, 51, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to 63 months in prison and five years of supervised release. Following the completion of his sentence, Almeida will be required to register as a sex offender with the Sex Offender Registration Board. In April 2015, Almeida pleaded guilty to distribution and possession of child pornography.
In June 2014, law enforcement discovered that Almeida was using a public file sharing program to post pictures and videos of minors between the ages of five and 12 years old engaged in sexually explicit conduct with adults. In December 2014, federal agents executed a search warrant on Almeida’s Fall River residence, and an on-site forensic team determined that a computer, various digital devices, hard drives and other media storage devices contained multiple images and videos of child pornography. Almeida was arrested following the execution of the search warrant and has been held in federal custody since that time.
United States Attorney Carmen M. Ortiz; Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, and Fall River Police Chief Daniel S. Racine, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Kenneth G. Shine of Ortiz’s Major Crime Unit.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’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, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
FBI Louisville Seeks the Public’s Assistance in Identifying Public Corruption within the Commonwealth of KentuckyRead the Press Release
Special Agent in Charge Howard A. Marshall of the FBI’s Louisville Division joined by John E. Kuhn, Jr. United States Attorney for the Western District of Kentucky and Kerry B. Harvey, United States Attorney for the Eastern District of Kentucky announced today a new initiative designed to solicit the public’s help in identifying public corruption within our community. The initiative includes the launch of a new, toll-free tip line (844) KYNOPC1 (596-6721), a billboard campaign, and a dedicated email address [email protected].
Public corruption is the FBI’s top criminal priority because it undermines the public’s trust in our government. A 2014 study by Harvard University’s Center for Ethics identified Kentucky as one of the most corrupt states in the country. In fact, in Kentucky between 2003 – 2012, approximately 300 individuals were convicted of federal crimes related to public corruption. It is a violation of federal law for any federal, state, or local government official to receive anything of value in exchange for or because of an official act. While the vast majority of public officials in Kentucky are dedicated and honest, SAC Marshall stressed “there is simply no acceptable level of corruption.”
“Public Corruption victimizes everyone – taxpayers, voters, communities,” stated U.S. Attorney John Kuhn. “Public officials, whether elected or appointed, are more than mere employees. They are servants of the public interest, and we must insist on absolute honesty, integrity and trustworthiness from every one. The U.S. Attorney’s Office for the Western District of Kentucky will continue working with our law enforcement partners to ensure crimes involving public corruption are prosecuted to the fullest extent of the law.”
U.S. Attorney Kerry Harvey agreed stating, “Public corruption is a terribly destructive force throughout Kentucky and has been a particularly pernicious problem in certain areas of the Eastern District of Kentucky. While the overwhelming majority of public officials serve honorably, those who corrupt the operations of government rob their communities-their friends and neighbors-of the fundamental right to honest government. We are pleased to continue our longstanding partnership with the FBI as we work together to combat this statewide problem.”
In a few short months, Kentucky will go to the polls for significant state-wide elections with a national election looming in 2016. SAC Marshall noted, “There is simply no greater right than to elect our political leaders. Anyone attempting to corrupt this process will be investigated as a top priority for our office."
This year also presents a new opportunity for our state government to partner with the FBI to address a potential, long term problem. For the first time ever, audits for Special Purpose Government Entities will be due in September. The FBI will work with the Kentucky Auditor of Public Accounts to identify individuals who have violated the public’s trust and misused SPGE funds.
The FBI relies on our federal, state, and local partners to address corruption matters, but concerned citizens are our biggest asset when it comes to exposing officials who use their positions for personal gain. As a result, the Louisville Division has set up the following hotline and email address seeking the public’s assistance in combating public corruption:
Toll-free: (844) KYNOPC1 (596-6721) or email: [email protected]
You will see billboards state-wide bearing this number and email address. SAC Marshall noted, “The “End Corruption Now” campaign seeks to unite the Commonwealth in the fight against corruption at every level, from the proverbial dog catcher, to the police officer, to the highest state and federal officials in the Commonwealth.”
District Man Sentenced to 19 Years in Prison for 2011 Murder of Man in Northeast WashingtonRead the Press Release
WASHINGTON – Raymond Faunteroy, 29, of Washington, D.C., was sentenced today to 19 years in prison for his role in the December 2011 killing of a man in Northeast Washington, Acting U.S. Attorney Vincent H. Cohen, Jr. announced.
Faunteroy pled guilty in June 2015, in the Superior Court of the District of Columbia, to second-degree murder while armed. He was sentenced by the Honorable Jennifer Anderson. Following his prison term, Faunteroy will be placed on five years of supervised release.
Judge Anderson sentenced a co-defendant, Jarod Yorkshire, to a 37-year prison term on July 24, 2015. Yorkshire, 21, of Washington, D.C., was found guilty by a jury in May 2015 of first-degree murder while armed, obstruction of justice, and related charges.
According to the government’s evidence, on Dec. 16, 2011, the victim, Derrick Ragland, 19, orchestrated a sham gun sale with Faunteroy and Yorkshire. The gun sale was a ruse, and masked men fired at both Yorkshire and Faunteroy, grazing Faunteroy in the hand. The two men then hatched a plot to gain revenge against Mr. Ragland.
Three days later, on Dec. 19, 2011, Yorkshire encountered Mr. Ragland at a home in the 1000 block of Taussig Place NE. He texted and called Faunteroy 29 times prior to the murder to alert him to Mr. Ragland’s whereabouts. Yorkshire and two witnesses then entered a vehicle that began to drive around the neighborhood. According to the government’s evidence, Faunteroy ambushed the victim from behind, shooting him seven times in the back as Mr. Ragland ran for his life down an alley in the 1000 block of Taylor Street NE before collapsing in a neighbor’s yard. Despite the best efforts of emergency personnel, Mr. Ragland later died of his wounds.
Immediately after the shooting, Faunteroy and Yorkshire spoke seven more times by phone as Yorkshire directed the driver of the vehicle to Faunteroy’s location. According to the government’s evidence, Faunteroy confessed to the murder upon entering the vehicle, and then directed the driver to drop him off at a location away from the crime scene.
Cellular tower records demonstrated that both Yorkshire and Faunteroy were in the vicinity of the murder at the time it occurred.
Following the murder, Yorkshire began a campaign of witness intimidation and obstruction of justice. He instructed one witness to refuse to cooperate with police in the homicide investigation and resulting court proceedings; corruptly persuaded another witness to provide false information to a defense investigator in an attempt to be called as a witness at trial to provide knowingly false testimony; and finally agreed in a recorded call with a police informant to cooperate in a scheme to kill a government witness.
In announcing the sentence, Acting U.S. Attorney Cohen recognized the efforts of the detectives, evidence technician, and officers who investigated the case for the Metropolitan Police Department, as well as the Special Agent from the FBI who provided expert testimony concerning cellular site evidence concerning the whereabouts of the defendant. He also commended the work of Assistant U.S. Attorneys Glenn Kirschner and Michael Spence, who tried the case, as well as Assistant U.S. Attorneys Jennifer Kerkhoff and Emily Miller and former Assistant U.S. Attorney Reagan Taylor, who investigated and indicted the case, and finally the work of Paralegal Specialists Meridith McGarrity and Lashone Samuels, Litigation Technology Specialist Leif Hickling, and Investigative Analyst Zachary McMenamin.
Delgado Sentencing Caps Prosecution of 22 MS-13 Members after Three TrialsRead the Press Release
ATLANTA – Jose Delgado, a/k/a Fantasma, the last of twenty-two Mara Salvatrucha-13 (MS-13) gang members charged with murder, attempted murder and armed robbery, has been sentenced to 12 years in federal prison. All defendants were members of the violent street gang which operated in Gwinnett County and DeKalb County, Georgia, and they will all be serving their sentences in federal prison.
“MS-13 is a ruthless street gang that used violence to spread fear through Gwinnett, DeKalb and Fulton Counties,” said Acting U.S. Attorney John Horn. “The 8-year federal investigation identified and convicted the local leadership of the gang and dismantled the membership of a brutal and merciless criminal enterprise in the Atlanta region. While the gang preyed mostly on other rival gang members, this case demonstrates the tragic violence that harmed innocent citizens when the gang’s activities spilled out into the community.”
According to Acting U.S. Attorney Horn, the charges and other information presented in court: MS-13 is an international criminal gang that was operating in the Atlanta area since at least 2005 and up until the grand jury issued its indictment in February 2010. Almost all of the members came from El Salvador, Honduras, and Guatemala. During that time, MS-13 staked out areas within Gwinnett and DeKalb Counties as its territory.
MS-13 gang members held meetings where they discussed attacking and killing gang members, collected dues, shared firearms, and disciplined members who broke gang rules. Dues money was used to buy additional weapons and to post bond for gang members in jail. Gang leaders would keep MS-13 leaders in their home countries informed of gang activity, and they would often send back a portion of dues as “rent.”
The following defendants were convicted by a jury on July 15, 2013:
- Miguel Alvarado-Linares, a/k/a Joker, 26, of Norcross, Georgia, was convicted of Racketeer Influenced and Corrupt Organization (RICO) conspiracy involving murder, two counts of Violent Crime in Aid of Racketeering (VICAR) involving murder, two counts of VICAR involving attempted murder, and four firearms offenses. He was sentenced on October 15, 2013, to three life sentences to be followed by 85 years.
- Ernesto Escobar, a/k/a Pink Panther, a/k/a Flaco, 32, of Norcross, Georgia, was convicted of one count of RICO conspiracy involving murder, one count of VICAR involving murder, and one firearms offense. He was sentenced on December 20, 2013, to two life sentences to be followed by 10 years.
- Dimas Alfaro-Granados, a/k/a Toro, 32, of Duluth, Georgia, was convicted of one count of RICO conspiracy involving murder, two counts of VICAR involving murder, and two firearms offenses. He was sentenced on October 30, 2013, to three life sentences to be followed by 35 years.
- Jairo Reyna-Ozuna, a/k/a Flaco, 30, of Norcross, Georgia, was convicted of one count of RICO conspiracy and one firearms offense. He was sentenced on January 31, 2014, to 13 years in prison.
The evidence at trial showed that Alvarado-Linares and Alfaro-Granados, along with another gang member, killed Lal Ko in October 2006. Ko was a fellow MS-13 member, but Alvarado-Linares – one of the gang leaders – thought that Ko was cooperating with police and ordered his murder. Additionally, in December 2006, when another MS-13 gang member wanted to quit the gang, Alvarado-Linares and Alfaro-Granados ordered him to kill a rival gang member as a condition of leaving MS-13. On Christmas Eve 2006, that gang member, following orders, shot at a car on I-85 that he believed contained rival gang members. The passenger, Angel Gonzalez, was murdered. He was 20 years old.
On New Year’s Eve 2006, Alvarado-Linares was at an apartment complex where he exchanged insults with two members of a rival gang. Alvarado-Linares pulled out a gun and shot the men. On August 5, 2007, Escobar got into a scuffle with two teenagers at a Shell gas station in Gwinnett County. Escobar reported the incident to Reyna-Ozuna, who was the gang leader at the time. Reyna-Ozuna gave Escobar a .45 caliber semi‑automatic handgun to retaliate. Escobar went back to the Shell station and shot one of the teenagers as he was painting lines in the parking lot. The victim, David Hernandez, was only 16 years old.
A jury convicted the following defendants on November 21, 2013:
- William Espinoza, a/k/a Cheberria, a/k/a El Crazy, 33, of Norcross, Georgia, was convicted of one count of RICO conspiracy involving murder, one count of VICAR involving attempted murder, and one firearms offense. He was sentenced on April 15, 2014, to 20 years, eight months in prison.
- Remberto Argueta, a/k/a Pitufo, 26, of Lilburn, Georgia, was convicted of one count of RICO conspiracy involving murder, one count of VICAR involving murder, and one firearms offense. He was sentenced on October 29, 2014, to two life sentences to be followed by five years.
The evidence presented at their trial showed that on April 13, 2007, Argueta, along with other gang members, planned to rob Arpolonio Rios-Jarquin, a suspected drug dealer, at a hotel in DeKalb County. When Rios-Jarquin turned out to have his own gun, Argueta and his fellow MS-13 members engaged in a shootout that resulted in the murder of Rios-Jarquin. Six months later, on October 24, 2007, Argueta and several other MS-13 members were at an apartment complex in Gwinnett County when Argueta spotted suspected rival gang members. He approached them and asked them who they “claimed” – that is, what gang they belonged to. When one of them responded that he and his friend were members of a rival gang, Argueta pulled out a handgun and started chasing and shooting at them. He shot one in the back and the other in the hip and arm.
On July 20, 2008, Espinoza and other members of MS-13 were at a nightclub in DeKalb County when a fight broke out with suspected members of a rival gang. Espinoza went out to the parking lot and retrieved a .380 handgun from a car. He approached the club entrance and shot Jayro Arango-Sanchez in the stomach. Just two days later, Espinoza and four other MS-13 members drove to an apartment complex in Gwinnett County to look for pedestrians to rob. After spotting a victim, Espinoza and another gang member got out of their SUV and approached the victim, Aurelio Vasquez. Espinoza put his .380 handgun to Vasquez’s head while the other MS-13 member started to search Vasquez’s pockets for money. Vasquez resisted being robbed, so Espinoza shot him through the head. Espinoza and his fellow gang members wanted to rob Vasquez to get money for beer.
A jury convicted the following defendant on October 7, 2014:
- Elio Marroquin-Lopez, a/k/a Perico, 29, of Chamblee, Georgia, was convicted of one count of RICO conspiracy. He was sentenced on October 29, 2014, to seven years, two months in prison.
The evidence at his trial showed that on December 15, 2008, Marroquin-Lopez and two other gang members broke into an apartment to rob it. When the owner returned, one of the gang members shot at him. On March 13, 2009, Marroquin-Lopez got into a fight with two suspected rival gang members and shot at one of them. Marroquin-Lopez, who was one of the gang leaders, often gave out baggies of cocaine to fellow MS-13 members at meetings and instructed them to sell the cocaine at clubs.
The following defendants entered guilty pleas and have been sentenced:
- Jose Delgado, a/k/a Fantasma, 28, of Lawrenceville, Georgia, was sentenced on July 31, 2015, to 12 years in prison after pleading guilty to RICO conspiracy involving murder and two counts of VICAR involving murder.
- Alex Ferrufino, a/k/a Whiskey, 35, Tucker, Georgia, was sentenced on September 11, 2014, to 25 years in prison after pleading guilty to two counts of VICAR involving attempted murder and one firearms offense.
- Joseph Ivan Dias, a/k/a Travieso, 27, of Gainesville, Georgia, was sentenced on April 1, 2015, to 14 years in prison after pleading guilty to RICO conspiracy.
- Miguel Guevara, a/k/a Blacky, 31, of Fort Walton Beach, Fla., was sentenced on February 13, 2015, to 30 years in prison after pleading guilty to RICO conspiracy involving murder and a firearms offense.
- Kenedis Bonilla, a/k/a Mago, 33, of Tucker, Georgia, was sentenced on June 13, 2015, to 15 years in prison after pleading guilty to RICO conspiracy involving murder and a firearms offense.
- Salvador Franco, a/k/a Smiley, 30, of Norcross, Georgia, was sentenced on September 11, 2014, to 12 years in prison after pleading guilty to RICO conspiracy and a firearms offense.
- Edwin Menjivar, a/k/a Chilly Willy, a/k/a Vago, 33, of Norcross, Georgia, was sentenced on November 21, 2014, to 11 years in prison after pleading guilty to RICO conspiracy and VICAR involving attempted murder.
- Omar Cubillos, a/k/a Pancho, 30, of Gainesville, Georgia, was sentenced on June 15, 2015, to 20 years in prison after pleading guilty to RICO conspiracy involving murder and a firearms offense.
- Carlos Mendoza, a/k/a Catracho, 30, of Atlanta, Georgia, was sentenced on April 30, 2105, to 17 years, 6 months in prison after pleading guilty to RICO conspiracy involving murder and a firearms offense.
- Emmanual Hidalgo, a/k/a Scooby, 29, of Chamblee, Georgia, was sentenced on November 21, 2014, to 25 years in prison after pleading guilty to RICO conspiracy involving murder and a firearms offense.
- Christopher Castro Ramirez, a/k/a Demente, 26, of Norcross, Georgia, was sentenced on November 1, 2012, to two years, six months in prison after pleading guilty to RICO conspiracy.
- Enzo Baires, a/k/a Ghost, 25, of Norcross, Georgia, was sentenced on May 11, 2015, to 12 years in prison after pleading guilty to RICO conspiracy involving murder.
- Irvin Mejia-Cruz, a/k/a Lil Triste, a/k/a Triste, 25, of Duluth, Georgia, was sentenced on February 13, 2015, to nine years in prison after pleading guilty to RICO conspiracy.
- Walter Aldana, a/k/a Goofy, 25, of Norcross, Georgia, was sentenced on February 13, 2015, after pleading guilty to RICO conspiracy.
- William Pineda, a/k/a Slayer, 32, of Lawrenceville, Georgia, was sentenced on December 11, 2104, to seven years in prison after pleading guilty to RICO conspiracy.
This case was investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Federal Bureau of Investigation, with assistance from the U.S. Marshals Service, Gwinnett County Police Department, DeKalb County Police Department, Norcross Police Department, Chamblee Police Department, and the Gwinnett County Sheriff’s Office.
This case was prosecuted by Assistant United States Attorneys Paul R. Jones and Kim S. Dammers and Department of Justice Organized Crime and Gang Section Trial Attorney Joseph Wheatley.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division is http://www.justice.gov/usao-ndga.
Convicted Felons Face Life in Federal Prison after Federal Jury Convicts Them on Hobbs Act and Firearms OffensesRead the Press Release
DALLAS – Two men from Duncanville and Mesquite, both convicted felons, were convicted yesterday by a federal jury on an array of federal charges stemming from their armed robberies of several fast-food restaurants in the Dallas area in early 2014, announced U.S. Attorney John Parker of the Northern District of Texas.
Jesse Lee Bell, 32, and Deundrae Lyndell Miller, 24, were each convicted on four counts of interference with commerce by robbery, one count of attempted interference with commerce by robbery; five counts of using, carrying, and brandishing a firearm during and in relation to a crime of violence, and one count of being a felon in possession of a firearm.
The government presented evidence at trial that the defendants committed the following armed robberies in North Texas:
June 2, 2014 Whataburger, 501 E. Highway 67, Duncanville
June 4, 2014 Whataburger, 961 W. Beltline Rd., DeSoto
June 7, 2014 Whataburger, 3200 N. Town East Blvd., Mesquite
June 19, 2014 Jack-In-The-Box, 1020 W. Davis, Dallas
June 24, 2014 Whataburger, 2943 N. Galloway Avenue, Mesquite
In addition, the government presented evidence that the defendants, both convicted felons, each possessed a firearm on June 24, 2014.
Each defendant faces a maximum statutory penalty of 20 years in federal prison and a $250,000 fine for each robbery conviction. Each of the firearm offenses carries a maximum statutory penalty of life in federal prison and a $250,000 fine. The felon in possession count carries a statutory maximum sentence of 10 years’ imprisonment.
The case was investigated by the Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives and the Duncanville, DeSoto, Mesquite and Dallas Police Departments.
Assistant U.S. Attorneys Andrew Wirmani and John Kull are prosecuting the case.
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Collinsville Resident Pleads Guilty to Mail Fraud and Aggravated Identity TheftRead the Press Release
Jeffrey C. Brown, 35, of Collinsville, Illinois, entered pleas of guilty to Conspiracy to Commit Mail Fraud (in a scheme to obtain money and property through the use of unauthorized access devices through the commission of identity theft) and to Aggravated Identity Theft, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today. Brown faces a prison sentence of up to 20 years, a fine of up to $250,000, and up to 3 years’ supervised release after serving his sentence, as well as mandatory restitution for the offense of Conspiracy to Commit Mail Fraud. Brown faces a mandatory consecutive two year prison sentence for the offense of Aggravated Identity Theft. Sentencing has been scheduled for November 17, 2015.
As part of the plea, Brown admitted stealing mail out of mailboxes. The stolen mail mater contained means of identification of other persons that included names, dates of birth and Social Security numbers. As part of the conspiracy, Brown and a co-conspirator used that information to apply for and obtain credit cards of other persons without authorization. The credit cards were then used to make purchases. Some of the fraudulently obtained items were then shipped or mailed to the residence of Brown and/or the co-conspirator.
Because Brown previously violated conditions of pretrial release by cutting off a GPS tracking device and not returning home, he has been detained, that is, held without bond since his arrest.
The prosecution is the result of an investigation conducted by the Collinsville Police Department, the Postal Inspection Service, the Internal Revenue Service/Criminal Investigations, and the United States Secret Service. The case is being prosecuted by Assistant United States Attorney Norman R. Smith.
Chicago Man Sentenced for Drug ConspiracyRead the Press Release
Allen J. Redmond, 51, of Chicago, Illinois, was sentenced on July 30, 2015, to a total of 84 months in prison on one count of a four-count indictment charging him with Conspiracy to Distribute and Possess with the Intent to Distribute Cocaine, Stephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced. Following his prison sentence, Redmond will be on federal supervised release for 5 years and was ordered to pay a fine of $500, as well as a $100 special assessment. An Order for forfeiture was entered in the amount of $500,000.
Evidence in Court showed that between approximately January 2010 and January 2013, Redmond was involved in an organization which engaged in a conspiracy to distribute and possess with the intent to distribute cocaine.
Evidence in support of this prosecution was obtained in an investigation which was conducted under the auspices of the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF initiative is designed to bring federal, state, and local law enforcement agencies and resources together to identify, target and dismantle large national and international drug trafficking organizations.
This case was investigated by the Drug Enforcement Administration, MEGSI, and the Illinois State Police, and prosecuted by Assistant United States Attorney Deirdre A. Durborow.
Centralia Couple Plead Guilty to Drug ChargesRead the Press Release
Stephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced today that Franklin J. Johnson, 32, and his wife, Deanna A. Johnson, both of Centralia, Illinois, pled guilty on July 30, 2015, to all charges brought against them in an indictment returned by a Federal Grand Jury in November 2014. The Johnsons were both charged with Conspiracy to Manufacture and Distribute Methamphetamine (Count 1), Distribution of Methamphetamine (Counts 2 and 3 for Franklin, and Count 3 for Deanna), and Possession of Chemicals, Products and Materials with the Intent to Manufacture Methamphetamine (Count 4). The Conspiracy operated from January 2014, through August 13, 2014, in Clinton and Marion Counties. The remaining crimes took place in Marion County.
Count 1 carries a penalty of not less than 5 years, and up to 40 years in federal prison, not more than a $5 million fine, and at least 4 years’ supervised release to follow imprisonment. Counts 2 and 3 carry a maximum penalty of 20 years in prison, a $1 million fine, and not less than 3 years’ supervised release. Count 4 carries a maximum penalty of 20 years in prison, a $250,000 fine, and 3 years’ supervised release. All counts require an assessment of $100.
Information leading to the charges against Franklin and Deanna Johnson was obtained in an investigation conducted by the FBI, the Marion County Sheriff’s Office, and the Clinton County Sheriff’s Department. The Marion County State’s Attorney’s Office supported the investigation and prosecution. The case is being handled by Assistant United States Attorney Kit Morrissey.
Buncombe Co. Man Sentenced to More Than 10 Years in Prison on Armed Robbery and Gun ChargesRead the Press Release
ASHEVILLE, N.C. – Anthony Lamont Hill, 31, of Fletcher, N.C., was sentenced today to 121 months in prison for his role in the 2013 armed robbery of a Dollar General store in Woodfin, N.C., announced Jill Westmoreland Rose, Acting U.S. Attorney for the Western District of North Carolina. Senior U.S. District Judge Graham Mullen also sentenced Hill to three years of supervised release and ordered him to pay $4,750 as restitution.
Acting U.S. Attorney Rose is joined in making today’s announcement by Dewey “Craig” Chillcott, Acting Special Agent in Charge of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Charlotte Field Division, and Chief Brett Holloman of the Woodfin Police Department.
According to filed court documents and today’s sentencing hearing, in August 2013, Hill robbed at gunpoint a Dollar General store located in Woodfin. Court records show that Hill and his accomplice entered the store right before closing time. According to court records, Hill and his conspirator ordered two store employees to remove most of their clothing and proceeded to tie them up. Hill and his accomplice attempted to destroy the store’s security system, before fleeing with approximately $2,500 in cash they had taken from the store’s register, court records show. Hill pleaded guilty in December 2014 to one count of Hobbs Act robbery and one count of possessing and brandishing a firearm during and in relation to a crime of violence.
Hill remains in federal custody and will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
The investigation was handled by ATF and the Woodfin Police Department. The prosecution for the government was handled by Assistant U.S. Attorney John D. Pritchard of the U.S. Attorney’s Office in Asheville.
Boyd County Woman Convicted of Defrauding Social Security Administration Out of $280,000Read the Press Release
ASHLAND — An Ashland, Ky., couple has been convicted by a jury of crimes related to a scheme to defraud the Social Security Administration (SSA) and the Kentucky Medicaid Program, out of hundreds of thousands of dollars over the course of 15 years.
Diana Lynn Ball, 57, was convicted on Wednesday of one count of Supplemental Security Income (SSI) fraud, one count of Medicaid fraud, one count of theft of government property and one count of making a false statement. Her husband, Lawrence Ball, was convicted of one count of making a false statement.
Evidence at the trial established that, from 1996 until December of 2013, Diana Ball intentionally concealed her true living arrangement from the SSA, in order to fraudulently collect SSI and Medicaid benefits.
According to testimony, Ball repeatedly told the SSA she had separated from her husband and was not sharing living expenses. In reality, Ball had been living with her husband and was receiving financial support from him. Had the SSA been aware of the true living arrangement, Ball would not have been eligible to receive approximately $280,000 in benefits. Diana Ball claimed an insanity defense at trial.
SSI is an income assistance program designed to provide financial assistance to elderly and disabled individuals who meet the program’s eligibility requirements. Kentuckians who are eligible for SSI also qualify for benefits under the Kentucky Medicaid Program.
Kerry B. Harvey, U.S. Attorney for the Eastern District of Kentucky, and Guy P. Fallen, Special Agent in Charge, Social Security Administration, Office of Inspector General, jointly announced the conviction.
The investigation was conducted by the SSA, Office of Inspector General. Assistant U.S. Attorney Laura K. Voorhees is prosecuting this case on behalf of the federal government.
Sentencing for the defendant is scheduled for November. The charges carry a maximum of five years in prison. However, the court must consider the U.S. Sentencing Guidelines and the federal statutes before imposing a sentence.
Baraga Man Sentenced to 70 Months in Federal Prison for Distribution of CocaineRead the Press Release
MARQUETTE, MICHIGAN — U.S. Attorney Patrick A. Miles, Jr., announced that James Frederick Shelifoe, 43, of Baraga, Michigan, was sentenced in U.S. District Court to 70 months’ imprisonment for distribution of cocaine. In addition to the prison term, Shelifoe was also ordered to serve three years of supervised release upon the completion of his term of incarceration.
In 2014, the Safe Trails Taskforce, which is comprised of the Federal Bureau of Investigation, the Michigan State Police, and the Bureau of Indian Affairs, initiated an investigation into drug activity in the area of Baraga, Michigan. The investigation identified Shelifoe as a major cocaine dealer and established that during the preceding seven years he had distributed approximately 23 kilograms of cocaine in the western Upper Peninsula. He was indicted in December 2014 and pled guilty on February 19, 2015. In imposing the sentence, U.S. District Judge R. Allan Edgar emphasized the need to protect the public and to deter others from emulating Shelifoe’s criminal behavior.
The Keweenaw Bay Indian Community Tribal Police and the Safe Trails Taskforce investigated the case. Assistant U.S. Attorney Hannah N. Bobee prosecuted the case.
Adams County Man Sentenced to 15 Months Imprisonment for Submitting False Tax Refund Claims to IRSRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Mitchell Orewiler, age 34, of Adams County, was sentenced yesterday in U.S. District Court in Harrisburg to 15 months’ imprisonment by United States District Court Judge Sylvia H. Rambo for filing false claims with the Internal Revenue Service (IRS) relating to refunds.
According to United States Attorney Peter Smith, in April 2009, Orewiler filed an amended 2006 and 2007 Federal Income Tax return and a 2008 Federal Income Tax return. Based on false 1099 forms, Orewiler attached to these three returns, Orewiler made a claim to a refund amount of approximately $506,000. As a result, he received approximately $324,000 from the IRS to which he was not entitled. In addition to the prison term, Judge Rambo ordered Orewiler to pay restitution in the amount of $324,000.
Orewiler was indicted by a federal grand jury in March 2014, as a result of an investigation by the Internal Revenue Service, Criminal Investigation. He pleaded guilty to the charges in April 2015.
The case was prosecuted by Assistant U.S. Attorney Joseph J. Terz.
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Thursday 30 July 2015
Utah Man Sentenced in Chinese Magnesium SchemeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.--U.S. Attorney William J. Hochul Jr. announced today that Eldon Bott, 67, of Bringham City, UT, who pleaded guilty conspiracy to commit money laundering, was sentenced to two years probation by Senior U.S. District Judge William M. Skretny. The defendant was also ordered to forfeit $55,660.00 and pay a $5,000 fine.Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated that the defendant and Gregory Magness arranged to become a source of supply for magnesium used in the production of countermeasure flares. Bott thereafter entered into an agreement with ESM Group, Inc., whereby he was compensated based on the amount of magnesium ESM sold for the production of countermeasure flares.
Between December 2003 and continuing through October 2006, the defendant sold magnesium powder used in the production of countermeasure flares for the United States Department of Defense. During this time period, the Department of Defense had a restriction that the magnesium used to produce countermeasure flares for the Department of Defense could not be from a foreign source. Aware of this restriction, the defendant knew that the magnesium blend that had been and continued to be sold for use in the production of countermeasure flares for the DoD contained atomized magnesium from China. Bott prepared certificates, relied on by the DoD, that misrepresented the supplied magnesium.
In April 2010, Gregory Magness, Justin Magness, William Nehill, Charles Wright, and Eldon Bott were charged with participating in a conspiracy to import Chinese magnesium into the United States. All defendants now stand convicted.
The sentencing is the culmination of an investigation on the part of the Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of J. Michael Kennedy, Acting Special Agent in Charge, the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge, and the Department of Defense Criminal Investigative Service, under the direction of Edward T. Bradley, Special Agent in Charge, Northeast Field Office.
United Kingdom Man Sentenced to Prison for Two Separate Fraud ConspiraciesRead the Press Release
HOUSTON - Marc T. Duchesne, 53, of London, was sentenced today to 97 months in federal prison on federal charges stemming from separate schemes involving financial fraud in Texas and the District of Columbia, announced Kenneth Magidson, U.S. Attorney for the Southern District of Texas, and Vincent H. Cohen Jr., Acting U.S. Attorney for the District of Columbia.
Duchesne pleaded guilty May 11, 2015, to one count of conspiracy to commit wire fraud in the in Texas case and one count of conspiracy to commit securities fraud and wire fraud in the unrelated case that had originated District of Columbia. Duchesne entered both pleas before the Honorable Reggie B. Walton in the U.S. District Court for the District of Columbia.
The plea, which was contingent upon the court’s approval, called for a prison sentence of 91 to 97 months. Judge Walton accepted the plea and sentenced Duchesne accordingly. In addition, as part of the plea agreement, Duchesne is to pay a total of $4,543,261 ($2,455,531 and $2,087,730 in the Texas and District of Columbia cases, respectively).
According to the government’s evidence in the Texas case, Duchesne and his co-conspirators engaged in a scheme from 2000 to 2005 that involved the selling of fraudulent liability insurance policies to apartment complexes, condominium associations, bars, restaurants and other businesses throughout the United States and Caribbean. One company that purchased the insurance was Shoreline Cruises Inc. which operated a 40-foot tour boat called the Ethan Allen on Lake George, N.Y. The tour boat operator discovered its insurance policy was fictitious after the Ethan Allen sank on Oct. 2, 2005, in a tragic accident that claimed the lives of 20 elderly tourists. The total loss was $2,455,531.
Four others have also been convicted in that case. Christopher Purser pleaded guilty to conspiracy to commit wire fraud, while Edmund Benton, Malchus Irvin Boncamper and Robert Steve Mills pleaded to conspiracy to launder money. Purser received a sentence of 188 months, while Boncamper is serving a 97-month-term. Benton and Mills were both ordered to serve 120 months of federal imprisonment.
In the District of Columbia case, Duchesne engaged in a conspiracy from May 2002 through October 2002 to defraud investors by fraudulently creating Nationwide Capital Corporation (publicly traded as NCCN), and then artificially driving up its stock price. Unbeknownst to the U.S. Securities and Exchange Commission (SEC) or investors, Duchesne and his co-conspirators owned and controlled vast amounts of the stock. They employed tactics such as bid manipulation, false SEC filings and false press releases to effectuate their scheme. The National Association of Securities Dealers estimated losses to investors to be in excess of $2 million.
The case in Texas was investigated by Internal Revenue Service - Criminal Investigation with assistance from Homeland Security Investigations and the Texas, New York and California Departments of Insurance. During this four-year investigation, the U.S. government also received extensive and valuable assistance from the governments of St. Kitts and Nevis and also St. Vincent and the Grenadines. Investigators also received valuable assistance from the governments of The Bahamas, Nicaragua, The Philippines and Australia. Assistant U.S. Attorneys John Lewis and Belinda Beek prosecuted the case.
The case in the District of Columbia was investigated by the FBI’s Washington Field Office and the SEC. Assistant U.S. Attorneys Mervin A. Bourne Jr. and Lionel André prosecuted that case. Assistance was provided by Paralegal Specialists Corinne Kleinman and Krishawn Graham.
United Kingdom Man Sentenced to 97 Months in Prison for Two Separate Fraud ConspiraciesRead the Press Release
WASHINGTON – Marc T. Duchesne, 53, of London, England, was sentenced today to 97 months in prison on federal charges stemming from separate schemes involving financial fraud in the District of Columbia and Texas, announced Vincent H. Cohen, Jr., Acting U.S. Attorney for the District of Columbia, and Kenneth Magidson, U.S. Attorney for the Southern District of Texas.
Duchesne pled guilty on May 11, 2015, to one count of conspiracy to commit securities fraud and wire fraud in the District of Columbia case and one count of conspiracy to commit wire fraud in the unrelated case that had originated in Texas. Duchesne entered both pleas before the Honorable Reggie B. Walton in the United States District Court for the District of Columbia.
The plea, which was contingent upon the court’s approval, called for a prison sentence of 91 to 97 months. Judge Walton accepted the plea and sentenced Duchesne accordingly. In addition, as part of the plea agreement, Duchesne is to pay a total of $4,543,261 ($2,087,730 and $2,455,531 in the District of Columbia and Texas cases, respectively). Following completion of his prison term, Duchesne is to be placed on three years of supervised release.
According to the government’s evidence, in the District of Columbia case, Duchesne engaged in a conspiracy from May 2002 through October 2002 to defraud investors by fraudulently creating Nationwide Capital Corporation (publicly traded as NCCN), and then artificially driving up its stock price. Unbeknownst to the U.S. Securities and Exchange Commission (SEC) or investors, Duchesne and his co-conspirators owned and controlled vast amounts of the stock. They employed tactics such as bid manipulation, false SEC filings, and false press releases to effectuate their scheme. The National Association of Securities Dealers estimated losses to investors to be in excess of $2 million.
In the Texas case, Duchesne and his co-conspirators engaged in a scheme from 2000 to 2005 that involved the selling of fraudulent liability insurance policies to apartment complexes, condominium associations, bars, restaurants and other businesses throughout the United States and Caribbean. One company that purchased the insurance was Shoreline Cruises Inc. which operated a 40-foot tour boat called the Ethan Allen on Lake George, N.Y. The tour boat operator discovered its insurance policy was fictitious after the Ethan Allen sank on Oct. 2, 2005, in a tragic accident that claimed the lives of 20 elderly tourists. The total loss was $2,455,531.
Four others have also been convicted in the Texas matter. Christopher Purser pled guilty to conspiracy to commit wire fraud, while Edmund Benton, Malchus Irvin Boncamper and Robert Steve Mills pled guilty to conspiracy to launder money. Purser received a sentence of 188 months, while Boncamper is serving a 97-month-term. Benton and Mills were both ordered to serve 120 months of federal imprisonment.
The case in the District of Columbia was investigated by the FBI’s Washington Field Office and the SEC. Assistant U.S. Attorneys Mervin A. Bourne, Jr. and Lionel André prosecuted that case. Assistance was provided by Paralegal Specialists Corinne Kleinman and Krishawn Graham.
The case in Texas was investigated by Internal Revenue Service - Criminal Investigation with assistance from Homeland Security Investigations and the Texas, New York and California Departments of Insurance. During this four-year investigation, the U.S. government also received extensive and valuable assistance from the governments of St. Kitts and Nevis and also St. Vincent and the Grenadines. Investigators also received valuable assistance from the governments of The Bahamas, Nicaragua, The Philippines and Australia. Assistant U.S. Attorneys John Lewis and Belinda Beek prosecuted the case.
Two more charged in $54 million stock fraud caseRead the Press Release
Two criminal informations were filed charging Kieran Kuhn, 33, of Port Washington, N.Y., and Kona Jones Barbera, 35, of Asheville, N.C, each with one count of conspiracy to commit securities fraud and wire fraud, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the FBI's Cleveland office.
Kuhn and Barbera conspired with Zirk de Maison and others to defraud investors and potential investors in several public issuers, including Kensington Leasing, Ltd., Casablanca Mining, Ltd., Lustros, Inc., and Gepco Ltd., (the manipulated companies), by issuing millions of shares to themselves at little or no cost and then artificially controlling the price and volume of traded shares by, among other means, paying undisclosed commissions to brokers, former brokers, and boiler-room operators and promoters such as Kuhn and Barbera, for soliciting investors to make investments in, and fraudulently concealing the ownership interests of, the manipulated companies. This took place between April 26, 2011, and September 18, 2014, according to the information.
Little or no portion of the investments went to fund the operations of the manipulated companies. Rather, de Maison, Kuhn, Barbera and their co-conspirators used most of the investments to enrich themselves, according to the information.
For each of the manipulated companies, de Maison and other co-conspirators controlled a substantial number of outstanding shares through their personal companies, co-conspirators, and associates over which they had influence and control. Kuhn owned and operated a boiler room called Small Cap Resources in New York City, where he employed promoters such as Barbera to cold call and solicit potential investors to purchase shares of the manipulated companies. Zirk de Maison and others dictated what stocks Kuhn and Barbera pushed. The cold calls to potential investors typically coincided with favorable press releases or other information that Zirk de Maison caused to be released, according to the information.
Kuhn and Barbera touted the manipulated companies using high-pressure sales tactics and misrepresentations about the value of the companies and their stock. The boiler room promoters did not disclose that Zirk de Maison and other co-conspirators paid them commissions on the sale of Zirk de Maison’s and other co-conspirator’s stock to the investors, either on the open market or through private placements, according to the information.
de Maison and his co-conspirators caused more than $54 million to be invested in the purchase of stock in the manipulated companies and caused a loss to investors in the amount of approximately $27 million from the scheme. de Maison profited through the fraudulent scheme relating to the companies’ stocks. de Maison received and embezzled approximately $30 million in investor monies. Kuhn received and embezzled approximately $2.6 million. Barbera received and embezzled approximately $251,920, according to the information.
The informations were filed by Assistant U.S. Attorneys Christos N. Georgalis and Adam Hollingsworth after an investigation by agents of the Federal Bureau of Investigation.
If convicted, the defendants’ sentences will be determined by the Court after a review of factors unique to the cases, including the defendant's prior criminal record, if any, the defendant's role in the offenses, and the characteristics of the violations. In all cases the sentences will not exceed the statutory maximum and in most cases it will be less than the maximum.
A charge is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Two Texas Men Sentenced to Prison for Roles in Organized Crime Racketeering ConspiracyRead the Press Release
CAMDEN, N.J. – Two Texas men who were convicted along with a member and an associate of the Lucchese organized crime family of La Cosa Nostra (LCN) were sentenced today to prison terms for their respective roles in a racketeering conspiracy and related offenses, U.S. Attorney Paul J. Fishman announced.
William Maxwell, 56, of Houston, Texas, was sentenced to 20 years in prison; his brother, John Maxwell, 63, of Dallas, Texas, was sentenced to 10 years in prison. The Maxwells, along with Nicodemo S. Scarfo, 50, of Galloway, New Jersey, and Salvatore Pelullo, 48, of Philadelphia, were convicted in July 2014 of racketeering conspiracy and related offenses, including securities fraud, wire fraud, mail fraud, bank fraud, extortion, money laundering and obstruction of justice, after a six-month trial before U.S. District Judge Robert B. Kugler, who imposed the sentences today in Camden federal court.
According to documents filed in this case and the evidence presented at trial:
Since 1989, Scarfo has been a member of the Lucchese family. As a member, he was required to earn money and participate in the affairs of the Lucchese family. Pelullo was an associate of the Lucchese family.
In April 2007, Scarfo, Pelullo and others conspired to take control of FirstPlus Financial Group Inc. (FPFG), a publicly held company in Texas, by using threats of economic harm to intimidate and remove FPFG’s management and board of directors, and to replace them with people beholden to Scarfo and Pelullo, including the Maxwell brothers. Once the takeover had occurred, FPFG’s new board of directors named William Maxwell as “special counsel” to FPFG and John Maxwell as the company’s CEO, positions that they used to funnel $12 million to themselves, Scarfo and Pelullo through fraudulent legal services and consulting agreements.
The indictment also named as conspirators Scarfo’s father, Nicodemo D. Scarfo (Scarfo Sr.) the imprisoned former boss of the Philadelphia LCN family; and Vittorio Amuso, the imprisoned boss of the Lucchese LCN family. Five other defendants – Cory Leshner, Howard Drossner, John Parisi, Todd Stark and Scarfo’s wife, Lisa Murray-Scarfo – previously pleaded guilty to various charges related to their roles in the conspiracy.
In addition to the prison term, Judge Kugler sentenced each of the Maxwells to three years of supervised release and ordered them to pay restitution $14 million each. Scarfo and Pelullo were each sentenced to 30 years in prison earlier this week.
U.S. Attorney Fishman credited special agents of the FBI in Newark, under the direction of Special Agent in Charge Richard M. Frankel, with the investigation leading to today’s sentencing. They also thanked the U.S. Department of Labor-Office of Inspector General’s Office of Labor Racketeering and Fraud Investigations New York Region, the FBI’s Philadelphia Division and the Bureau of Alcohol, Tobacco, Firearms and Explosives for their roles in the case.
The government is represented by Assistant U.S. Attorneys Steven D’Aguanno and Howard Wiener of the District of New Jersey and Trial Attorney Adam L. Small of the Criminal Division’s Organized Crime and Gang Section.
Defense counsel:
William Maxwell: Michael N. Huff Esq., Philadelphia
John Maxwell: Mark W. Catanzaro Esq., Mount Holly, New Jersey
Two Plead Guilty to Operating Cranston, R.I., Meth LabRead the Press Release
PROVIDENCE, R.I. – Nicholas Selser, 33, and Michael Fortes, 48, of Cranston, R.I., have pleaded guilty in federal court to charges related to the manufacture of methamphetamine (meth) inside a residence at the D’Evan Manor housing complex in Cranston, announced United States Attorney Peter F. Neronha, Cranston Police Chief Colonel Michael J. Winquist and Michael Ferguson, Special Agent in Charge of the DEA’s New England Field Division.
Selser and Fortes pleaded guilty as charged in a grand jury indictment returned in March 2015, to one count each of conspiracy, knowingly manufacturing methamphetamine, possession of pseudoephedrine with the intent to manufacture methamphetamine and possessing equipment to manufacture methamphetamine.
Fortes, who entered his guilty plea on Wednesday, is scheduled to be sentenced by U.S. District Court Chief Judge William E. Smith on October 9, 2015. Selser, who pleaded guilty on June 29, 2015, is scheduled to be sentenced by U.S. District Court Chief Judge William E. Smith on September 18, 2015.
According to court documents and information presented to the court, Cranston Police, the R.I. DEA Drug Task Force and a DEA Clandestine Laboratory Enforcement Team executed a court authorized search of the D’Evan Manor apartment on February 18, 2015, and seized various chemicals, supplies and items used in the manufacture of meth.
Evidence was seized which indicated that the defendants had manufactured meth inside the apartment of the densely populated complex approximately eleven times on prior occasions. The defendants admitted to the court that they used the “one pot” method to manufacture meth, a simple but potentially dangerous method of manufacturing meth in approximately one hour. The manufacture of methamphetamine is often times a dangerous process which may result in explosion or fire.
Selser and Fortes have been detained in federal custody since their arrest on February 18, 2015.
The case is being prosecuted by Assistant U.S. Attorney John P. McAdams.
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Jim Martin (401) 709-5357
email: [email protected]
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Two Plead Guilty to Drug Conspiracy in LaconiaRead the Press Release
CONCORD, N.H. – Acting United States Attorney Donald Feith announced today that Roger Perkins, 31, of Methuen, Massachusetts and Windyann Plunkett, 32, of Laconia, New Hampshire pleaded guilty to conspiracy to possess with the intent to distribute and to distribute 28 grams or more of cocaine base (“crack”) and quantities of cocaine. Perkins was additionally charged with being a prohibited person in possession of a firearm and possession of a firearm in furtherance of a drug trafficking crime. Perkins and Plunkett appeared before United States District Court Judge Landya B. McCafferty to enter their guilty pleas.
According to documents that were filed in United States District Court, beginning on or around January 1, 2014, Perkins conspired with Plunkett and others to distribute narcotics from a residence he maintained with Plunkett located at 23 Gale Avenue, Laconia, New Hampshire. During the conspiracy, Plunkett would distribute the narcotics from the residence when Perkins was unavailable. On March 25, 2014, Perkins was arrested by the Laconia Police Department after he was located outside of 23 Gale Avenue and found to be in possession of crack cocaine and cocaine. A subsequent search of the residence resulted in the seizure of additional quantities of crack cocaine, cocaine, currency, and four firearms, all but one which were loaded, from in and around a safe stored in a bedroom closet. As a result of a prior 2005 felony drug conviction, Perkins is prohibited for life under federal firearm laws from possessing firearms.
Perkins’ sentencing hearing has been scheduled for November 2, 2015. Perkins’ plea agreement calls for a joint recommendation of 147 months of imprisonment. Plunkett’s sentencing hearing has been scheduled for March 6, 2015. Both face up to 40 years imprisonment. Plunkett’s sentence will be determined by the advisory sentencing guidelines which will likely generate a sentencing range far below the maximum penalty.
The case was investigated by the Laconia Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted by Assistant U.S. Attorney Jennifer Davis.
Two People Charged in Scheme to Steal 94,000 Debit and Credit Cards from Michaels’ Stores in 19 StatesRead the Press Release
NEWARK, N.J. – Two people were charged today for allegedly participating in a large-scale conspiracy to steal 94,000 credit and debit cards from customers at approximately 80 Michaels’ Stores in 19 states and then use that information to make fraudulent withdrawals from the customers’ bank accounts.
Angel Angulo, 25, of Riverside, California, and Crystal Banuelos, 28, of Bloomington, California, are each charged by indictment with one count of conspiracy to commit bank fraud and one count of aggravated identity theft. Agnulo was arrested in California and was scheduled to appear before U.S. Magistrate Judge David Bristow in Riverside federal court. Banuelos remains at large.
According to the indictment:
Angulo, Banuelos, and others allegedly installed on point of sale (POS) terminals at Michaels devices that acquired customers’ bank account and personal identification number (PIN) information. The stolen account information was used to produce counterfeit bank cards, which were used with the stolen PINs to withdraw funds from the compromised bank accounts.
The conspirators allegedly replaced 88 POS terminals in 80 different stores operated by Michaels across 19 states, including New Jersey, with counterfeit POS devices. Each counterfeit device was equipped with wireless technology, which the conspirators used to retrieve the stolen information. From February 2011 to April 2011, conspirators stole approximately 94,000 debit and credit card account numbers.
From April 2011 to May 2011, Angulo, Banuelos and others obtained counterfeit cards with the corresponding PIN numbers written on them from other conspirators. They used the cards and PIN numbers to withdraw money from automated teller machines (ATMs) from hundreds of bank accounts. On May 14, 2011, Angulo and Banuelos possessed 179 counterfeit cards in New Jersey. They allegedly stole more than $420,000 from financial institutions and attempted to obtain at least $129,000 more.
The charge of conspiracy to commit bank fraud carries a maximum potential penalty of 30 years in prison and a $1 million fine. The charge of aggravated identity theft carries a mandatory penalty of two years in prison served consecutively to any other sentence.
U.S. Attorney Fishman credited special agents of the U.S. Secret Service, under the direction of Special Agent in Charge David Beach in Philadelphia for the investigation leading to today’s arrest.
The government is represented by Assistant U.S. Attorney Daniel Shapiro of the Computer Hacking and Intellectual Property Section of the U.S. Attorney’s Office Economic Crimes Unit.
The charges and allegations in the indictment are merely accusations, and the defendant is considered innocent unless proven guilty.
Two Miami-Dade County Residents Pled Guilty to Possessing Stolen Personal Identification Information at Fort Lauderdale-Hollywood International AirportRead the Press Release
Two Miami-Dade County residents pled guilty today for their participation in a stolen identity tax fraud scheme based on information discovered while they were boarding a flight at the Fort Lauderdale-Hollywood International Airport.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Scott Israel, Sheriff, Broward Sheriff’s Office (BSO), made the announcement.
Godfrey Teekah, Jr., 28, and Phillip Collins, 29, both of Miami Gardens, each pled guilty to one count of possession of fifteen or more unauthorized access devices, in violation of Title 18, United States Code, Section 1029(a)(3) and 2, and one count of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A(a)(1) and 2.
According to court documents, the defendants were stopped while attempting to board a flight at Fort Lauderdale-Hollywood International Airport in February 2013. Teekah was found in possession of nine debit cards embossed with names other than his own, and $4,365 in U.S. currency. Collins was in possession of one debit card in someone else’s name. Two computers were also found in the defendants’ possession. A search of Teekah’s computer revealed photographs of handwritten notes containing personal identification information (PII), IRS employer identification numbers, and IRS website access logs. A search of Collins’ computer revealed temporary internet files for “get my prepaid card,” “irs.gov” and “gfx-prepaid-cards.” A search of Teekah’s bag produced three additional debit cards, along with manila envelopes containing hundreds of individuals’ PII including names, dates of birth and Social Security numbers. In total, the defendants unlawfully possessed PII belonging to over three hundred individuals. Both Teekah and Collins were aware that false tax returns would be filed using the PII and that the debit cards were used to obtain the fraudulent tax refunds.
Sentencing for both defendants is scheduled for October 9, 2015 at 9:00 a.m. before United States District Judge James I. Cohn. The defendants face a maximum statutory sentence of ten years in prison for the possession of unauthorized access devices charge, and a mandatory term of two years in prison, consecutive to any other term of imprisonment, for the aggravated identity theft charge.
Mr. Ferrer commended the investigative efforts of IRS-CI and the BSO. This case is being prosecuted by Assistant U.S. Attorney Randy Katz.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Two Men Charged with Engaging in Eastern Seaboard Outlet Store Burglary SpreeRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that on July 28, 2015, a federal grand jury in New Haven returned an indictment charging ALIONIS PEREZ, 39, a citizen of Cuba last residing in New Jersey, and YOANDRYS CUE, 29, a citizen of Cuba last residing in Florida, with engaging in a conspiracy to burglarize outlet stores in six states between August and November 2013.
As alleged in the indictment:
On August 2, 2013, PEREZ, CUE and others traveled from New Jersey to Connecticut. On August 3, 2013, PEREZ and CUE broke into the Fossil store located in Clinton, Connecticut, disabled the alarm system and stole more than $5,000 in property. Following the burglary, PEREZ, CUE and others returned to New Jersey with the stolen merchandise.
On August 18, 2013, PEREZ and others attempted to break into the Movado store located in Kittery, Maine.
On September 19, 2013, PEREZ and CUE broke into the Fossil store located in Miramar Beach, Florida, and stole more than $5,000 in watches.
On October 4, 2013, PEREZ and CUE broke into the Fossil store located in Hagerstown, Maryland, and stole more than $5,000 in watches.
On October 24, 2013, PEREZ and CUE broke into the Fossil store located in Grove City, Pennsylvania, and stole more than $5,000 in watches.
On November 22, 2013, PEREZ, CUE and others traveled from New Jersey to Massachusetts and stole a van. On November 23, 2013, PEREZ, CUE and another individual broke into the Michael Kors store in Lee, Massachusetts, disabled the alarm system and stole more than $5,000 in watches and bags. The conspirators then traveled from Massachusetts, disposed of the stolen van in Staten Island, New York, and returned to New Jersey with the stolen merchandise.
The indictment charges PEREZ and CUE with one count of conspiracy, which carries a maximum term of imprisonment of five years and a fine of up to $250,000, and one count of interstate transportation of stolen property, which carries a maximum term of imprisonment of 10 years and a fine of up to $250,000
PEREZ has been detained in federal custody since August 2014 after his arrest in Tennessee on a separate charge of interstate transportation of stolen property.
CUE is currently incarcerated in New Jersey.
U.S. Attorney Daly stressed that an indictment is not evidence of guilt. Charges are only allegations, and each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This ongoing investigation is being conducted by the Federal Bureau of Investigation, Clinton (Conn.) Police Department, Kittery (Maine) Police Department, Walton County (Fla.) Sheriff’s Office, Washington County (Md.) Sheriff’s Office, Pennsylvania State Police, Lee (Mass.) Police Department and Berkshire County (Mass.) Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorneys Anthony E. Kaplan and Heather Cherry.
This matter is assigned to U.S. District Judge Michael P. Shea in Hartford.