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Wednesday 29 July 2015
Justice Department Reaches Agreement with Robeson County, North Carolina, to Increase AccessibilityRead the Press Release
As part of the Justice Department’s celebration marking the 25th anniversary of the American with Disabilities Act this year, the department announced today the signing of a settlement agreement with Robeson County, North Carolina, to improve access to all aspects of civic life for persons with disabilities. The agreement is part of Project Civic Access (PCA), the department’s wide-ranging initiative to ensure that cities, towns and counties throughout the country comply with the Americans with Disabilities Act (ADA).
As part of the PCA initiative, Justice Department staff survey state and local government facilities, services and programs in communities across the country to identify what is needed to comply with the ADA. The agreements address the steps a community must take to improve access. With the signing of this agreement, the department has entered into 11 PCA agreements this year alone, and 219 agreements since the initiative began.
The agreement will benefit the residents of the geographically largest county in the state which is also one of its most diverse. With a population of 134,760, that is 39.5 percent Native American and 24.7 percent African American, the county also had 31.7 percent of its residents living below the poverty level. Under the agreement announced today, Robeson County will remove barriers to accessibility in buildings, such as government office buildings providing services to its citizens, libraries, recreation centers, community centers, polling places, parks, courthouses, police or sheriff offices, and detention facilities. The agreement also requires the county to:
- Make physical modifications to facilities so that parking, routes to parks and playgrounds, routes into the buildings, entrances, public telephones, restrooms, service counters and drinking fountains are accessible to people with disabilities, and that assembly areas have the required wheelchair and companion seating;
- Post, publish and distribute a notice to inform members of the public of the provisions of Title II and their applicability to the county’s programs, services and activities;
- Operate each county program, service or activity so that it is readily accessible to people with disabilities, and to deliver county services, programs and activities in alternate ways;
- Train staff in using their state relay service for telephone communications;
- Provide an accessible voting program for people who use wheelchairs and for people who are blind or have low vision;
- Establish a policy for the Robeson County Sheriff’s Office when its officers are in contact with people who are deaf or hard of hearing;
- Provide information for interested persons with disabilities concerning the existence and location of the county’s accessible services, activities and programs; and
- Establish, implement and post online a policy that their web pages be accessible, create a process for implementation and ensure that all new and modified web pages are accessible.
“We commend Robeson County officials for their cooperation in reaching this settlement, which will remove barriers so that people with disabilities have an equal opportunity to participate in civic life, a fundamental part of American society,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division. “As we celebrate the 25th anniversary of this major civil rights law, the department renews its commitment to work with state and local governments across the country, in rural and in urban communities, to ensure that all citizens with disabilities attain equal access to all of their programs, activities and services.”
“Protecting access for individuals with disabilities will continue to be a priority for this district,” said U.S. Attorney Thomas G. Walker of the Eastern District of North Carolina.
For more information about the ADA, today’s agreement, the Project Civic Access initiative, individuals may access the ADA web page at http://www.ada.gov/civicac.htm or call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY).
Justice Department Reaches Agreement with Robeson County, North Carolina, to Increase AccessibilityRead the Press Release
WASHINGTON – As part of the Justice Department’s celebration marking the 25th anniversary of the American with Disabilities Act this year, the department announced today the signing of a settlement agreement with Robeson County, North Carolina, to improve access to all aspects of civic life for persons with disabilities. The agreement is part of Project Civic Access (PCA), the department’s wide-ranging initiative to ensure that cities, towns and counties throughout the country comply with the Americans with Disabilities Act (ADA).
As part of the PCA initiative, Justice Department staff survey state and local government facilities, services and programs in communities across the country to identify what is needed to comply with the ADA. The agreements address the steps a community must take to improve access. With the signing of this agreement, the department has entered into 11 PCA agreements this year alone, and 219 agreements since the initiative began.
The agreement will benefit the residents of the geographically largest county in the state which is also one of its most diverse. With a population of 134,760, that is 39.5 percent Native American and 24.7 percent African American, the county also had 31.7 percent of its residents living below the poverty level. Under the agreement announced today, Robeson County will remove barriers to accessibility in buildings, such as government office buildings providing services to its citizens, libraries, recreation centers, community centers, polling places, parks, courthouses, police or sheriff offices, and detention facilities. The agreement also requires the county to:
- Make physical modifications to facilities so that parking, routes to parks and playgrounds, routes into the buildings, entrances, public telephones, restrooms, service counters and drinking fountains are accessible to people with disabilities, and that assembly areas have the required wheelchair and companion seating;
- Post, publish and distribute a notice to inform members of the public of the provisions of Title II and their applicability to the county’s programs, services and activities;
- Operate each county program, service or activity so that it is readily accessible to people with disabilities, and to deliver county services, programs and activities in alternate ways;
- Train staff in using their state relay service for telephone communications;
- Provide an accessible voting program for people who use wheelchairs and for people who are blind or have low vision;
- Establish a policy for the Robeson County Sheriff’s Office when its officers are in contact with people who are deaf or hard of hearing;
- Provide information for interested persons with disabilities concerning the existence and location of the county’s accessible services, activities and programs; and
- Establish, implement and post online a policy that their web pages be accessible, create a process for implementation and ensure that all new and modified web pages are accessible.
“We commend Robeson County officials for their cooperation in reaching this settlement, which will remove barriers so that people with disabilities have an equal opportunity to participate in civic life, a fundamental part of American society,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division. “As we celebrate the 25th anniversary of this major civil rights law, the department renews its commitment to work with state and local governments across the country, in rural and in urban communities, to ensure that all citizens with disabilities attain equal access to all of their programs, activities and services.”
“Protecting access for individuals with disabilities will continue to be a priority for this district,” said U.S. Attorney Thomas G. Walker of the Eastern District of North Carolina.
Jury Finds Southwest Arkansas Man Guilty on Federal Firearms ChargeRead the Press Release
Texarkana, Arkansas - Conner Eldridge, United States Attorney for the Western District of Arkansas, announced that Bobby Joe Hampton, age 28 of Texarkana, was found guilty of being a Felon in Possession of a Firearm following a two day jury trial in Texarkana. The Honorable Judge Susan O. Hickey presided over the trial in the United States District Court in Texarkana. Hampton was previously indicted on the charge by a federal grand jury on March 19, 2014.
U.S. Attorney Eldridge commented, “This defendant, a convicted felon, was in possession of a firearm and was physically assaulting another person when he was taken into custody. Every day, the lives of our police officers and ordinary citizens are jeopardized by this dangerous criminal activity. We will continue to investigate and prosecute these cases to hopefully prevent violence in Southern Arkansas and throughout the Western District of Arkansas.”
According to evidence presented at trial, on February 3, 2014, the Texarkana Police Department received a 9-1-1 call regarding a disturbance at a residence in Texarkana, Arkansas. As the officer responded to the address and identified himself, he witnessed the defendant, Bobby Hampton, physically assaulting a female victim. As the officer was attempting to take Hampton into custody, he heard two females yelling that Hampton had a gun in his jacket pocket. Once the officer had placed him into custody, he located a Rossi .38 caliber revolver bearing serial number TK72314 in the pocket of the jacket. Hampton later admitted to possessing the firearm which was found to have been manufactured outside the state of Arkansas and had previously traveled in interstate commerce; he is prohibited from possessing a firearm after having been convicted of a felony offense carrying a term of imprisonment of more than one year.
The defendant will be sentenced at a later date, and faces a maximum sentence of 10 years imprisonment, a maximum fine of $250,000 fine, or both. If the defendant has three or more felony convictions for a violent and/or serious drug offense, then the defendant faces a minimum sentence of 15 years and a maximum of life imprisonment, not more than $250,000 fine, or both. The sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record (if any), the defendant’s role in the offense, and the characteristics of the violations. The sentence will not exceed the statutory maximum for each count in this case, and in most cases will be less than the maximum.
This case was investigated by the Texarkana, Arkansas Police Department. Assistant United States Attorney’s David Harris and Kim Davis prosecuted the case for the United States.
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Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov
Jersey City, New Jersey, Pediatrician Sentenced to 21 Months in Prison for Billing Medicaid or Bogus TreatmentsRead the Press Release
TRENTON, N.J. – A licensed pediatrician practicing in Jersey City, New Jersey, was sentenced today to 21 months in prison for fraudulently billing Medicaid for more than 1,000 wound repair procedures that were never performed, U.S. Attorney Paul J. Fishman announced.
Badawy M. Badawy, 52, of Bayonne, New Jersey, previously pleaded guilty before U.S. District Judge Anne E. Thompson to Count One of an indictment charging him with health care fraud. Judge Thompson imposed the sentence today in Trenton federal court.
According to documents filed in the case and statements made in court:
Badawy owned and operated Sinai Medical Center of Jersey City LLC, a medical practice focusing on pediatric and family medicine. From January 2004 through December 2008, Badawy submitted thousands of claims to Medicaid for wound repair procedures related to the repair of superficial wounds over 30 centimeters in length on a patient’s face, ears, eyelids, nose or lips as well as the repair of previously closed wounds. Badawy claimed to have performed these treatments on his patients, most of whom were children.
During his plea hearing Badawy admitted that he regularly submitted claims for procedures that were never performed. As a result of his false claims, Badawy received $196,911 in Medicaid payments.
In addition to the prison term, Judge Thompson sentenced Badawy to serve three years of supervised release and fined him $5,000. Badawy must also pay restitution of $196,911.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Richard M. Frankel in Newark and the U.S. Department of Health and Human Services, Office of Inspector General, under the direction of Special Agent in Charge Scott J. Lampert, with the investigation leading to today’s sentencing.
The government is represented by Danielle Alfonzo Walsman and Michael H. Robertson of the U.S. Attorney’s Health Care and Government Fraud Unit.
U.S. Attorney Paul J. Fishman reorganized the health care fraud practice at the New Jersey U.S. Attorney’s Office shortly after taking office, including creating a stand-alone Health Care and Government Fraud Unit to handle both criminal and civil investigations and prosecutions of health care fraud offenses. Since 2010, the office has recovered more than $635 million in health care fraud and government fraud settlements, judgments, fines, restitution and forfeiture under the False Claims Act, the Food, Drug and Cosmetic Act and other statutes.
Defense counsel: Peter R. Willis Esq., Jersey City
Iowa Falls Man Detained Without BondRead the Press Release
An Iowa Falls man was ordered detained without bond yesterday in federal court in Cedar Rapids, pending further proceedings in his criminal case.
Andre Michael Lafontaine, III, 35, from Iowa Falls, Iowa, was charged in a criminal complaint filed last week in United States District Court in Cedar Rapids, with transmitting in interstate commerce, a threat to injure another person. According to the criminal complaint, Lafontaine left a voice mail message with the Department of Justice in Washington, D.C., expressing his dissatisfaction with the lack of action on previous complaints made by Lafontaine to the FBI and, threatening, that if the complaints were “not satisfied or investigated properly, these judges in Eldora are gonna get their (expletive deleted) throats cut . . .”
At a detention hearing held in Cedar Rapids yesterday, Chief United States Magistrate Judge Jon S. Scoles ordered Lafontaine held without bond pending further proceedings in the case. Judge Scoles was concerned that Lafontaine’s recent statement was not an isolated event. The court cited evidence presented at the hearing showing Lafontaine had previously made statements to a federal court employee that were construed as potentially threatening, and had sent a letter to the FBI expressing concerns about the FBI’s consideration of Lafontaine’s complaints, in which Lafontaine stated, “I feel since nothing has been done about any of these situations for many years now I may have to take a life just to defendant myself, which I no longer will hesitate to do . . .”
Judge Scoles also noted a document seized from Lafontaine’s residence appeared to contain a list of complaints Lafontaine harbored against numerous individuals or organizations, most of whom he alleged had “obstructed justice,” or participated in a “conspiracy” against him. Scoles cited the concerns of family members that Lafontaine was suffering from an apparent mental disorder, and noted it appeared he was becoming more distressed.
The government advised the court it would be requesting the court to order defendant undergo a psychological evaluation at a future date.
The case is being prosecuted by Assistant United States Attorney Richard L. Murphy and was investigated by the Federal Protective Service, the Federal Bureau of Investigation, and the Iowa Falls Police Department.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-mj-232.
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Investment Advisor Pleads Guilty in Connection with Rothstein CaseRead the Press Release
An investor advisor pled guilty this afternoon for his involvement in the Rothstein wire fraud conspiracy.
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 George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
Michael Szafranski, 37, of Surfside, pled guilty before U. S. District Court Judge William P. Dimitrouleas to conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 371. At sentencing, scheduled for October 21, 2015 at 1:15 p.m., Szafranski faces a maximum statutory sentence of five years in prison.
According to court records, including a stipulated statement of facts, it was discovered in 2009 that the law firm of Rothstein, Rosenfeldt and Adler, P.A. (RRA) was being utilized by its Chairman and Chief Executive Officer, Scott W. Rothstein, to commit a massive Ponzi scheme stemming from the sale of fictitious confidential settlements. Szafranski, who was a registered investment advisor, conspired with Rothstein to induce certain persons into investing money in the confidential settlements through material misstatements and material omissions made by defendant Szafranski. Specifically, Szafranski secretly received compensation from Rothstein and RRA while simultaneously employed by certain investors as a purportedly independent verifier of the legitimacy of the settlement transactions.
Mr. Ferrer commended the investigative efforts of the IRS-CI and the FBI. This case is being prosecuted by Assistant U.S. Attorneys Lawrence D. LaVecchio, Paul F. Schwartz, and Jeffrey N. Kaplan.
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.
Independence, KCK Men Indicted for Producing Child PornRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that an Independence, Mo., man and a Kansas City, Kan., man were indicted by a federal grand jury today for producing child pornography.
Kenneth R. Davis, 35, of Independence, and Randy Mull, 36, of Kansas City, Kan., were charged in a four-count indictment returned by a federal grand jury in Kansas City, Mo.
Today’s indictment alleges that Davis and Mull, aiding and abetting each other, used two minors (identified in the indictment as “John Doe #1” and “John Doe #2) to produce child pornography on April 2 and July 15, 2010.
The federal indictment also charges Davis with one count of receiving child pornography over the Internet and one count of possessing child pornography.
Dickinson cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Catherine A. Connelly. It was investigated by the Independence, Mo., Police Department and the Kansas City, Kan., Police Department.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Illegal Aliens Sentenced for Drug and Immigration ChargesRead the Press Release
U.S. Attorney Kenneth A. Polite announced that MARVIN SANTOS PERDOMO, age 33, DELSSY ADRIANA BANEGAS-ZOSA, age 31, and OLVIN SANTOS PERDOMO, age 26, all citizens of Honduras, were sentenced today for conspiracy to possess with intent to distribute cocaine and, in the case of BANEGAS-ZOSA and MARVIN SANTOS PERDOMO, reentry of an illegal alien.
On April 22, 2015, MARVIN SANTOS PERDOMO, DELSSY ADRIANA BANEGAS-ZOSA and OLVIN SANTOS PERDOMO pled guilty to conspiring to distribute and distribution of cocaine hydrochloride, a Schedule II controlled drug substance, and MARVIN SANTOS PERDOMO and DELSSY ADRIANA BANEGAS-ZOSA admitted to being illegal aliens found in the United States after being previously deported from the United States.
U.S. District Judge Stanwood R. Duval sentenced MARVIN SANTOS PERDOMO and OLVIN SANTOS PERDOMO to 24 months incarceration, to be followed by 3 years of supervised release. Following their incarceration, both defendants will be surrendered to the custody of the U.S. Immigration & Customs Enforcement for removal proceedings. DELSSY ADRIANA BANEGAS-ZOSA was sentenced to time served, to be followed by 3 years of supervised release. BANEGAS-ZOSA will be surrendered to the custody of the U.S. Immigration and Customs Enforcement for removal proceedings.
U.S. Attorney Polite praised the work of the Drug Enforcement Administration and Jefferson Parish Sherriff’s Office in investigating this matter. Assistant United States Attorney David Haller was in charge of the prosecution.
Hanover Business Owner Sentenced to Prison for Mortgage and Tax Fraud SchemesRead the Press Release
Baltimore, Maryland – U.S. District Judge William D. Quarles, Jr. sentenced Luis R. Valladares, age 52, of Hanover, Maryland, today to 18 months in prison, followed by three years of supervised release, for the fraud schemes. Judge Quarles ordered Valladares to pay restitution of $487,000, the total amount of the victim’s losses in the mortgage fraud scheme.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Special Agent in Charge Thomas Jankowski of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office.
Valladares owned and operated two businesses, Amazing Cleaning and Amazing Contractors, which provided janitorial services and drywall repair to vacated commercial and residential apartments.
According to his plea agreement, in late 2006, Valladares applied for a loan to purchase a house in Miramar, Florida. Valladares provided fake lease documents with forged signatures of one of his employees and the employee’s relatives, and three fake money orders to make it appear that he was collecting rent. After obtaining a mortgage loan for $484,900, Valladares only made a few payments on the loan. The home was foreclosed upon, resulting in a loss of approximately $250,000.
In late 2007, Valladares applied for two separate loans totaling $767,000 to buy a house in Hanover, Maryland. At the closing, Valladares omitted the Florida house as a property he owned; and reported owning a rental property in Burtonsville, Maryland, which he didn’t own or receive rental income from. In October 2014, the Maryland house was sold in a short sale for approximately $530,000, causing a loss of approximately $237,000. The total loss as a result of the mortgage fraud scheme was $487,000.
Beginning in approximately 2003, Vallardares also engaged in tax fraud by substantially understating income on business and personal tax returns. He diverted about $346,951 in third-party checks payable to the businesses to his personal accounts, and did not provide tax return preparers with information pertaining to these transactions. As a result, income deposited into his personal account was not reported either on business or personal tax returns.
In 2005 and 2006, Vallardares also engaged in tax fraud by writing a series of company checks to his brother and his brother’s business, ostensibly for business expenses. For nine of these checks totaling $152,000, his brother then endorsed the checks back over to Valladares or his then-wife, who deposited the checks into their personal bank account. They claimed these checks as business expenses on their tax returns.
Valladardes wired approximately $618,500 from a personal account to an account he controlled in Ecuador, and falsely claimed to IRS investigators that he was building apartment buildings in Ecuador as an investment.
The tax loss resulting from the tax fraud schemes totaled $292,277, for which Valladares remains liable.
After the IRS investigation had begun, Valladares left the United States for Ecuador in September 2011. Charges against him were filed in federal court in Maryland in October 2011. Valladares was arrested in September 2014 when he arrived in Aruba for his honeymoon, and he was returned to the United States for prosecution.
The Maryland Mortgage Fraud Task Force was established to unify the agencies that regulate and investigate mortgage fraud and promote the early detection, identification, prevention and prosecution of mortgage fraud schemes. This case, as well as other cases brought by members of the Task Force, demonstrates the commitment of law enforcement agencies to protect consumers from fraud and promote the integrity of the credit markets. Information about mortgage fraud prosecutions is available http://www.justice.gov/usao/md/priorities_financialfraud.html.
Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Since the inception of FFETF in November 2009, the Justice Department has filed more than 12,841 financial fraud cases against nearly 18,737 defendants including nearly 3,500 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.
United States Attorney Rod J. Rosenstein commended the IRS – Criminal Investigation for its work in the investigation and thanked Assistant U.S. Attorney Sean R. Delaney, who prosecuted the case.
Gulf Coast Asphalt Company Enters Guilty Plea to Violations of the Oil Pollution Act and the Migratory Bird Treaty Act for A 2011 Oil Spill That Went into the Mobile RiverRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that representatives for Gulf Coast Asphalt Company, LLC appeared in U.S. District Court for the Southern District of Alabama today. Gulf Coast Asphalt Company, LLC entered a plea to two counts of an information charging violations of the Oil Pollution Act and Migratory Bird Treaty Act. These charges relate to an oil spill that occurred on September 1, 2011, and ultimately ended up in the Mobile River.
The information charges that the discharge of oil was caused by an over-fill of oil during a tank to tank transfer when employees pumped oil into the receiving tank under pressure. Because employees miscalculated the tank volume of the receiving tank prior to the transfer and engaged in the transfer of oil without employing proper procedures, the tank ruptured and oil was released into a secondary containment area and ultimately into the Mobile River. The information goes on to charge that because of this discharge of oil the Mobile River was closed to ship and vessel traffic by the United States Coast Guard and fish and wildlife were negatively impacted.
As part of the plea agreement Gulf Coast Asphalt Company, LLC has agreed to pay a total of one million dollars in criminal penalties. $667,000.00 will be paid in a criminal fee. The remaining penalty in the amount of $333,000.00 will be in the form of an organizational community service payment to the National Fish and Wildlife Foundation. The community service payment shall be applied by the National Fish and Wildlife Foundation to fund projects for the preservation and restoration of waterways and marine wildlife in and around the Southern District of Alabama.
Gulf Coast Asphalt Company, LLC also agreed to pay restitution in the amount of $292,000.00 to the United States Coast Guard and $75,000.00 to the Alabama Department of Conservation and Natural Resources, Wildlife and Freshwater Fisheries Division.
These penalties and restitution are collected above the statutory requirement under the Oil Pollution Act that the responsible party for the oil spill pays the expense of the environmental cleanup and environmental remediation.
The United States Attorney, Kenyen R. Brown stated, "this settlement is a fair and just resolution to this matter." Brown is pleased that the company agreed to pay an amount to the National Fish and Wildlife Foundation that will fund environmental projects here in the Southern District of Alabama. "This outcome could not be achieved without the diligent investigation and efforts of the U.S. Environmental Protection Agency (EPA) and the U.S. Fish and Wildlife Service (Service)," stated Brown.
"America’s environmental laws are designed to protect clean and safe water sources," said Andy Castro, Acting Special Agent in Charge of EPA’s criminal enforcement program in Alabama. "When operators fail to pay attention to required safety procedures and equipment, they not only harm natural resources and communities, they break the law. Given the nature of the violations, it is appropriate that the defendant will pay one-third of a million dollars in community service payment to the National Fish and Wildlife Foundation. Companies that damage the environment either through negligence or to save money can expect to face prosecution by EPA and its partner agencies."
"South Alabama has one of the most diverse ecological systems in the Southeast, and migratory birds are a key part of this ecosystem. In recent years, migratory bird populations in coastal Alabama have been severely affected by oil spills. This spill is yet another example of how human error has adversely affected migratory bird populations. The Service will continue to be vigilant in the prosecution of corporations and individuals responsible for harming migratory birds," said Luis Santiago, Special Agent in Charge in the Service’s Southeast Region.
"I am impressed with the collaborative efforts demonstrated during this investigation between Service and EPA law enforcement programs. I feel the cooperation displayed during this investigation is largely due to the relationships generated during quarterly Environmental Task Force meetings held by the U.S. Attorney’s Office in the Southern District of Alabama. These meetings allow state and federal agencies to meet and discuss environmental investigations and work effectively as a team," said Santiago.
This case was investigated by the U.S. Environmental Protection Agency, Criminal Investigation Division and U.S. Fish and Wildlife Service. The case was prosecuted by the United States Attorney’s Office for the Southern District of Alabama.
Glocester Resident Detained for Allegedly Manufacturing MethamphetamineRead the Press Release
PROVIDENCE, R.I. – Kevin Lewis, 40, of Glocester, R.I., was ordered detained in federal custody following an initial appearance in federal court in Providence today on charges of manufacturing and possessing methamphetamine (meth) with the intent to distribute, announced United States Attorney Peter F. Neronha, Glocester Police Chief Joseph S. Delprete and Michael Ferguson, Special Agent in Charge of the Drug Enforcement Administration’s New England Field Division.
On Tuesday, a Glocester patrol officer stopped a vehicle being driven by Lewis, knowing that an active arrest warrant for Lewis had been issued by the Rhode Island Family Court. During the traffic stop, the officer saw on the back seat of the vehicle materials he recognized as items allegedly used in the production of meth. The officer also detected a strong odor of acetone, which is associated with the production of meth.
After placing Lewis in custody on the arrest warrant, police requsted of Lewis’ wife, who was a passenger in the vehicle, that she drive the vehicle to the Glocester Police Department while under police supervision. A subsequent search of Lewis’ vehicle by members of the Glocester Police Department, the R.I. DEA Drug Task Force and the DEA Clandestine Laboratory Tactical Team allegedly resulted in the discovery and seizure from the trunk of the vehicle a batch of meth in the process of being produced. They also seized three hydrochloric acid gas generators used in the production of meth, a completed one-pot meth cook and additional items used in the production of meth.
Glocester Police and members of the DEA Clandestine Laboratory Tactical Team also conducted a court authorized search of a vehicle parked behind Lewis’ Glocester residence where they allegedly discovered numerous items used in the manufacture of meth.
Lewis is charged by way of a federal criminal complaint with one count each of manufacturing methamphetamine and possession with intent to distribute methamphetamine. A criminal complaint is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
The case is being prosecuted by Assistant U.S. Attorney Gerard B. Sullivan.
lewis_criminal_complaint_and_affidavit.pdf (285.15 KB)
Contact:
Jim Martin (401) 709-5357
email: [email protected]
on Twitter @USAO_RI
Former Tribal Police Chief Pleads Guilty to Theft of Tribal FundsRead the Press Release
The former Police Chief of the Swinomish Tribe pleaded guilty today in U.S. District Court in Seattle to theft of tribal funds, announced United States Attorney Annette L. Hayes. THOMAS J. SCHLICKER, 57, of Stanwood, Washington, served as the Swinomish Police Chief from 1997 until September 2014, when his employment was terminated. SCHLICKER admits he stole more than $30,000 that belonged to the tribe. Sentencing before U.S. District Judge John C. Coughenour is scheduled for November 10, 2015
According to the plea agreement, between 2008 and 2014 SCHLICKER set up a secret bank account in the name of the Swinomish Police Department, without the knowledge of the tribal accounting department. SCHLICKER then deposited checks made out to the tribal police into the secret account and withdrew the proceeds in cash, which he then used for his own purposes. SCHLICKER also used the Tribe’s Chevron/Texaco credit card to purchase gas for his and his family members’ personal vehicles. The total loss to the Swinomish Tribe is $33,622.
Theft of tribal funds is punishable by up to five years in prison and a $250,000 fine.
The case was investigated by the FBI and the Washington State Patrol. The case is being prosecuted by Assistant United States Attorneys Seth Wilkinson and Ye-Ting Woo.
Former Sierra Army Depot Employee Sentenced for Stealing Military EquipmentRead the Press Release
SACRAMENTO, Calif. — Tony Herrin, 36, resident of Reno, Nevada, was sentenced today by United States District Judge Kimberly J. Mueller to two years and nine months in prison and restitution of $411,333 for theft of government property, United States Attorney Benjamin B. Wagner announced.
According to court documents, Herrin worked as a civilian employee at the Sierra Army Depot (SIAD) in Herlong. As part of his job responsibilities, Herrin received, catalogued, and inventoried military equipment returned from Iraq and Afghanistan. Herrin worked in the same building as co-worker Devon Biggs, who pleaded guilty and was sentenced to 16 months in prison in a related case. While working at SIAD, Herrin and Biggs stole numerous items of sophisticated military equipment. Herrin played a role in stealing 10 Taser devices, three Vectronix target acquisition systems (total value $221,787), six military grade flashlights (total value $11,267), and 25 thermal imaging sights. The total value of all these items is approximately $411,000. On at least two occasions, Herrin and Biggs met with potential buyers for the military equipment.
This case was the product of investigation by the Law Enforcement Division of the United States Army, Naval Criminal Investigative Service, and the Federal Bureau of Investigation. Assistant United States Attorneys Jean Hobler and Christiaan Highsmith prosecuted the case.
Former Senior Information Systems Engineer at National Law Firm Sentenced in Manhattan Federal Court to 24 Months in Prison for Insider TradingRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced today that DIMITRY BRAVERMAN, a former senior information systems engineer at a prominent national law firm, was sentenced to 24 months in prison for insider trading. Specifically, BRAVERMAN repeatedly used material nonpublic information concerning planned merger and acquisition activity of at least eight clients of the law firm to acquire stocks and options, resulting in profits of more than $300,000. BRAVERMAN was originally charged in September 2014, and he was sentenced today by the Honorable Paul A. Engelmayer, United States District Judge.
U.S. Attorney Preet Bharara said: “Taking advantage of confidential, market-moving information that he got from his work at a major law firm, Dimitry Braverman made more than $300,000 in ill-gotten gains. Braverman’s sentencing today concludes yet another illegal insider trading scheme brought to light by the efforts of the Federal Bureau of Investigation and the Securities and Exchange Commission, working closely with securities prosecutors in my office.”
According to the Information, other documents filed in Manhattan federal court, and statements made during court proceedings:
From at least in or about September 2010 through December 2013, BRAVERMAN was engaged in an insider trading scheme. BRAVERMAN, who was a senior information systems engineer at a national, full-service law firm, had access to financial and billing databases of the firm, including information about, among other things, the law firm’s clients’ potential merger and acquisition activity, as well as information about the identities of the other parties to the potential deals.
Between about 2010 and 2011, BRAVERMAN engaged in at least four trades that were based on inside information concerning potential mergers and acquisition activity of clients of the law firm. In April 2011, however, BRAVERMAN closed out the last of these trades on the same day that another employee of the law firm, Matthew Kluger, was arrested on separate insider trading charges. In November 2012, BRAVERMAN opened a new brokerage account in the name of a relative living in Russia, and continued trading on the basis of inside information he obtained from the law firm. Specifically, between November 2012 and December 2013, BRAVERMAN engaged in at least four additional trades based on inside information. In total, BRAVERMAN made more than approximately $300,000 in profits from the trades between 2010 and December 2013.
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BRAVERMAN, 42, of San Mateo, California, pled guilty to one count of securities fraud on November 13, 2014. BRAVERMAN was also sentenced to two years of supervised release, with 100 hours of community service.
Mr. Bharara praised the work of the Federal Bureau of Investigation, and thanked the Securities and Exchange Commission for its assistance.
The charges were brought in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices, and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions and other organizations. Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants. For more information on the task force, please visit www.StopFraud.gov.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorney Amy Lester is in charge of the prosecution.
Former RMV Clerk Pleads Guilty to Participating in False RMV Document ConspiracyRead the Press Release
BOSTON – A Boston man, who had worked as a Massachusetts Registry of Motor Vehicles (RMV) clerk, pleaded guilty today in U.S. District Court in Boston to conspiring to produce false RMV identification documents.
Rommer Valdez, 38, pleaded guilty to one count of conspiring to produce a false identification document affecting interstate and foreign commerce. Valdez, who was charged in May 2015, is scheduled to be sentenced by U.S. District Court Judge William G. Young on Oct. 27, 2015.
The RMV, among other responsibilities, issues identification documents such as drivers’ licenses, learners’ permits, and state identification cards. To prevent people from obtaining a fraudulent identification document, the RMV has systems to verify whether applicants’ identity information is accurate. Valdez, who worked as a clerk at the RMV office in Watertown, was responsible for verifying that applicants’ identity documents were accurate, valid, and sufficient.
From approximately December 2010 through December 2012, Valdez participated in a conspiracy to help the conspiracy’s customers obtain authentic RMV-issued identification documents that bore their own pictures but other people’s identity information. Other co-conspirators obtained real identification documents for customers to give the RMV as proof of (false) identity. Before sending certain customers to the RMV with this proof, the co-conspirators sent Valdez the names, Social Security numbers, and dates of birth for these identities and asked him to verify whether this information would pass the RMV’s checks. Valdez checked the information and told the co-conspirators whether it passed or not. If the information passed, the co-conspirators provided the documents to a customer who presented them to the RMV (although not necessarily at Valdez’s station) to obtain an identification document in that false identity.
On other occasions, the co-conspirators sent customers with false identification documents directly to Valdez at the RMV. When Valdez spotted such a customer, he signaled the customer to approach and submit his application and proof of (false) identity. Valdez then processed the application, knowing that the proof was fraudulent. He also let the customer or someone else helping the customer take whatever tests the RMV required, all using the false identity. Valdez knew that all these actions were illegal.
Valdez checked identity information for the conspiracy and knowingly accepted false proof of identity from customers multiple times, for multiple bribes.
The charging statute provides a sentence of no greater than five years in prison, three years of supervised release, a fine of $250,000 or twice the gain or loss, whichever is greatest, and forfeiture. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Scott L. Garland, formerly of Ortiz’s Cybercrime Unit and currently with Ortiz’s Anti-Terrorism and National Security Unit.
Former Philadelphia Police Officer Sentenced for Robbing Drug DealersRead the Press Release
PHILADELPHIA – Former Philadelphia Police Officer Jeffrey Walker, 47, of Philadelphia, was sentenced today to 42 months in prison for a scheme in which he planned to rob a drug dealer while on official duty. Walker pleaded guilty, on February 24, 2014, to attempted robbery which interferes with interstate commerce and carrying a firearm during and in relation to a crime of violence. In addition to the prison term, U.S. District Court Judge Eduardo Robreno ordered three years of supervised release, a $5,000 fine and a $200 special assessment.
Walker told a cooperating witness (CW) that he wanted the CW to help him identify a drug dealer so that Walker could conduct a car stop for suspected drug violations or plant drugs in the car. On May 21, 2013, the CW informed Walker of a car parked outside of a bar on West Girard Avenue. Walker drove up to the car, placed drugs inside the car, and then followed the driver when that person left the bar. When the car was pulled over, Walker took the key to the driver’s home. Walker and the CW went to the driver’s home. When they exited the home, Walker was arrested and was in possession of $15,000 that he had taken from the house.
The case was investigated by the FBI and Philadelphia Police Department. It was prosecuted by Assistant United States Attorneys Anthony Wzorek and Maureen McCartney.
Former Dartmouth Selectman Sentenced to 70 Months in Prison for EmbezzlementRead the Press Release
BOSTON – A former Dartmouth Selectman and former State Representative was sentenced today to 70 months in prison for embezzling funds from his bus company, which was subsidized with taxpayer funds, to bankroll his personal farm.
John George, Jr., 68, was sentenced by U.S. District Court Judge Denise J. Casper to 70 months in prison and three years of supervised release, and ordered to pay $688,772 in restitution to the Southeastern Regional Transit Authority. In April 16, 2015, George was convicted after a jury trial of one count of conspiracy and one count of embezzlement.
The defendant owned Union Street Bus Company (USBC), a New Bedford-based company that operated public buses. During the same period, George operated John George Farms (JG Farm), a large produce farm based in Dartmouth. From approximately 1991 to 2011, USBC was awarded the Southeastern Regional Transit Authority (SRTA) contract to operate the SRTA public bus system that served a region that included New Bedford, Fall River, and several other neighboring towns.
The evidence at trial showed that, while USBC had the SRTA contract, George conspired with certain individuals to have various USBC employees work at JG Farm during their assigned USBC work hours. Such farm work included plowing, loading produce, and operating a produce stand at JG Farm, all during USBC business hours. As part of the conspiracy to commit an offense against the United States, George deployed USBC workers to JG Farm to repair George’s farm equipment, used USBC equipment and labor to provide personal out-of-state roadside assistance, and inflated his final yearly salary from $75,000 to $275,000 in an attempt to fraudulently boost his SRTA pension.
United States Attorney Carmen M. Ortiz and Theodore L. Doherty, Special Agent in Charge of the U.S. Department of Transportation, Office of Inspector General, Office of Investigations, made the announcement today. The case was prosecuted by Assistant U.S. Attorneys Dustin Chao and Ryan M. DiSantis of Ortiz’s Public Corruption Unit.
Former Chippewa Cree Tribal Chairman Chance Houle Sentenced to PrisonRead the Press Release
GREAT FALLS – Former Chippewa Cree Tribal Chairman John Chance Houle, 51, of Box Elder, was sentenced to 68 months in prison, $646,456 in restitution, three years of supervised release to follow his incarceration, and $400 in special assessments. Houle appeared before U.S. District Judge Brian Morris in Great Falls to receive the sentence.
In December of last year, Houle pleaded guilty to accepting kick-back payments from Hunter Burns Construction and Dr. James Eastlick in exchange for facilitating the award and payment on tribal contracts. In another indictment Houle pleaded guilty to embezzling hundreds of thousands of dollars from the Chippewa Cree Rodeo Association and obstructing a federal grand jury investigation. In a third indictment, Houle pleaded guilty to one of four counts of tax evasion.
The case was brought by the federal agents of the Guardians Project and was investigated by the agents of the Offices of Inspector General of the Departments of Interior, Health and Human Services, and Environmental Protection Agency, as well as by the Internal Revenue Service Criminal Investigation Division. Parole has been abolished in the federal system. A federally convicted defendant will serve the entirety of the sentence imposed less a small amount of “good time” credit earned while incarcerated.
Additional details can be found at: http://www.justice.gov/usao-mt/pr/former-chippewa-cree-tribal-chairman-pleads-guilty-bribery-embezzlement-obstruction
Folsom Naval Reservist Is Sentenced After Pleading Guilty to Unauthorized Removal and Retention of Classified MaterialsRead the Press Release
SACRAMENTO, Calif. — Bryan H. Nishimura, 50, of Folsom, pleaded guilty today to unauthorized removal and retention of classified materials, United States Attorney Benjamin B. Wagner announced.
U.S. Magistrate Judge Kendall J. Newman immediately sentenced Nishimura to two years of probation, a $7,500 fine, and forfeiture of personal media containing classified materials. Nishimura was further ordered to surrender any currently held security clearance and to never again seek such a clearance.
According to court documents, Nishimura was a Naval reservist deployed in Afghanistan in 2007 and 2008. In his role as a Regional Engineer for the U.S. military in Afghanistan, Nishimura had access to classified briefings and digital records that could only be retained and viewed on authorized government computers. Nishimura, however, caused the materials to be downloaded and stored on his personal, unclassified electronic devices and storage media. He carried such classified materials on his unauthorized media when he traveled off-base in Afghanistan and, ultimately, carried those materials back to the United States at the end of his deployment. In the United States, Nishimura continued to maintain the information on unclassified systems in unauthorized locations, and copied the materials onto at least one additional unauthorized and unclassified system.
Nishimura’s actions came to light in early 2012, when he admitted to Naval personnel that he had handled classified materials inappropriately. Nishimura later admitted that, following his statement to Naval personnel, he destroyed a large quantity of classified materials he had maintained in his home. Despite that, when the Federal Bureau of Investigation searched Nishimura’s home in May 2012, agents recovered numerous classified materials in digital and hard copy forms. The investigation did not reveal evidence that Nishimura intended to distribute classified information to unauthorized personnel.
This case was the product of an investigation by the Naval Criminal Investigative Service (NCIS) and the Federal Bureau of Investigation. Assistant United States Attorney Jean M. Hobler prosecuted the case.
Federal Jury Convicts Washington, D.C. Area Man of Defrauding Montana CharityRead the Press Release
BUTTE – Following a two-day federal trial in Montana, a jury convicted Donald “Ski” Johnson, 48, of Silver Spring, Maryland, of wire fraud. Johnson defrauded Big Brothers Big Sisters of Gallatin County, Montana, by misrepresenting himself as a Grammy-nominated artist soliciting funds for a children’s cancer foundation. In reality, Johnson was never nominated for a Grammy and used money in the foundation’s account for his personal expenses. Chief U.S. District Court Judge Dana L. Christensen presided over the trial. Sentencing is set for November 12, 2015.
At trial, Assistant United States Attorney Chad C. Spraker presented evidence that in May 2012, Johnson contacted a large Montana resort using the alias Kevin Wright. The resort was partnering with Big Brother Big Sisters to put on a charity celebrity golf tournament. “Wright” claimed he was a Sony Records representative and an agent of Grammy-nominated saxophonist Ski Johnson. He also claimed that Johnson ran a charity known as the Jazz for Life Foundation. “Wright” stated that Johnson would donate two Grammy tickets to Big Brothers Big Sisters with one half of the proceeds going to Big Brothers Big Sisters and the other half going to Jazz for Life. Grammy tickets may not be transferred or resold, and Grammy tickets provide that tickets obtained in contravention of their terms will not be honored, and their holders shall be deemed trespassers. Big Brothers Big Sisters paid for Johnson and his manager’s travel expenses, lodging, food, and green fees. Big Brothers Big Sisters held the tournament in July 2012 and auctioned the tickets for a winning bid of $6,000. Big Brothers Big Sisters stopped the transaction after learning of Johnson’s true identity.
Assistant U.S. Attorney Chad C. Spraker prosecuted the case, which was investigated by the Federal Bureau of Investigation and the Internal Revenue Service.
Excelsior Springs Man Sentenced for Meth ConspiracyRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that an Excelsior Springs, Mo., man who called law enforcement officers to his home for assistance – where he was helping to manufacture methamphetamine – was sentenced in federal court today for his role in a conspiracy to manufacture methamphetamine.
Anthony Trurice Grayson, 31, of Excelsior Springs, was sentenced by U.S. Chief District Judge Greg Kays to 10 years in federal prison without parole. Grayson has been in federal custody since his initial arrest on July 16, 2013.
On March 3, 2015, Grayson was found guilty at trial of participating in a conspiracy to manufacture methamphetamine from July 1 to July 16, 2013, attempting to manufacture methamphetamine, possessing pseudoephedrine to manufacture methamphetamine and maintaining a drug house.
Co-defendants Glenn Allen DiFalco, 52, of Kansas City, Mo., and Clarissa Nelson Cooper, 47, of Harrison, Mo., have pleaded guilty to their roles in the conspiracy. DiFalco was sentenced to seven years and six months in federal prison without parole and Cooper was sentenced to time served.
According to court documents, DiFalco and Cooper were found to be in possession of nearly 80,000 30mg pseudoephedrine pills at the time of their arrest. They admitted that, given the amount of pseudoephedrine seized by law enforcement officers, the conspiracy could have produced approximately three kilograms of pure methamphetamine. Three kilograms of pure methamphetamine would have a street value of more than $100,000.
Grayson contacted the Ray County Sheriff’s Department on July 16, 2013, and told officers he was being threatened by DiFalco. DiFalco and Cooper were homeless at the time and were staying at Grayson’s home for several days. Grayson, who had fled from his residence, told officers that DiFalco had a gun and that he feared for his life. Officers met Grayson about a half-mile from his residence; he gave them permission to enter his house and arrest DiFalco.
As officers were speaking to Grayson, DiFalco and Cooper approached in a Dodge truck. The vehicle abruptly turned and drove away and officers began pursuing them. When DiFalco’s vehicle stopped in a dead-end cul-de-sac, Cooper fled from the vehicle on foot and was chased by officers, who apprehended and arrested her. DiFalco was also arrested.
Officers searched DiFalco’s truck and found an airsoft gun and drug paraphernalia, including glass smoking pipes, syringes and a substance that was suspected to be crystal methamphetamine. DiFalco’s vehicle was so completely filled with debris and clutter that officers couldn’t adequately search it. The significant amount of items in the vehicle impeded law enforcement’s ability to recover and appropriately process the numerous items of drug paraphernalia and what was also suspected to be crystal methamphetamine. Officers therefore had DiFalco’s vehicle towed to a secured lot for further investigation.
Officers returned to Grayson’s home following the vehicle pursuit and observed, in plain view, numerous items of drug paraphernalia commonly used to smoke and manufacture methamphetamine. During a search of Grayson’s residence, officers located coffee filters with iodine and powder residue, a bottle of 100% household lye, small baggies normally used to package drugs, glassware/cookware and Mason jars with residue (which were altered to facilitate methamphetamine manufacturing), tubing, glass smoking pipes, a white crystal-like unknown substance, weighing approximately 215.8 grams (not believed to be a controlled substance but some type of cutting agent), one bag of ground-up Cold Buster pseudoephedrine pills weighing approximately 88.8 grams and several plastic baggies containing methamphetamine, weighing approximately 53.2 grams. Officers also located a suspected explosive device, which was later identified as a “booby-trap” device.
When they searched DiFalco’s vehicle the next day, officers found approximately 80,000 pills of Cold Buster pseudoephedrine hydrochloride. These pills were contained in 91 one-gallon plastic bags. They found three bags containing ground-up pseudoephedrine hydrochloride pills with a total weight of 736 grams. They also found smoking pipes, numerous handwritten recipes for various methods of methamphetamine manufacturing, a butane torch, a bottle of iodine solution and several packs of iodine swabs, a laptop computer and three cell phones.
This case was prosecuted by Assistant U.S. Attorneys Joseph M. Marquez and Jeffrey Q. McCarther. It was investigated by the Drug Enforcement Administration.
District Man Pleads Guilty to Voyeurism and Stalking Charges for Secretly Recording Women at Their ApartmentsRead the Press Release
WASHINGTON – Daniel Rosen, 45 of Washington D.C., pled guilty today to charges stemming from a series of incidents between 2012 and 2014 in which he secretly took video recordings of women in various stages of undress by aiming his cellular phone through their apartment windows in Northwest Washington.
The guilty plea was announced by Acting U.S. Attorney Vincent H. Cohen, Jr. and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
Rosen, a former senior official of the U.S. State Department, pled guilty in the Superior Court of the District of Columbia to six counts of voyeurism and five counts of stalking. The Honorable Rhonda Reid Winston scheduled sentencing for Oct. 9, 2015. Each of the counts of voyeurism and stalking carries a maximum penalty of one year and potential fines.
“Daniel Rosen crept through alleys and peered through windows to secretly film women during intimate, private moments in their own homes,” said Acting U.S. Attorney Cohen. “Today he admitted to being a serial stalker and voyeur who robbed women of the privacy they expected in their own bedrooms and bathrooms. I hope that the fact he is being held accountable will serve as a deterrent and prevent others from engaging in this illegal and invasive conduct.”
According to a factual proffer submitted at the plea hearing, over the course of a three-year period, Rosen purposefully positioned himself outside of the windows of women who resided in basement-level apartments that faced rear, isolated alleys. The women believed they were shielded from outside view by the use of curtains, blinds, or the fact that their windows were situated in enclosed, hard-to-access to areas, either behind fences, through back residential alleys, or down a flight of basement steps. Once positioned behind these women’s apartments, Rosen peered through their windows and used his iPhone to record them. The activities took place in the areas of Mount Pleasant, the U Street Corridor, and Adams Morgan.
Rosen recorded the women in various stages of undress, capturing some in the most intimate and private moments in their bedrooms and bathrooms. Several women, had their blinds or curtains drawn, but Rosen was able to maneuver himself and his cell phone in between the cracks or small openings of the blinds to make his recordings.
All of the recordings took place during the late evening hours, thus enabling Rosen to hide in the shadows as he recorded these women in their lit bedrooms, bathrooms, kitchens, and living rooms. At times, Rosen would engage in this conduct while walking his dog, thus disguising his true intentions. None of the women were aware that Rosen was watching and recording them, and none gave Rosen permission to watch and record them. For several of these women, the defendant returned on more than one occasion to record their private moments.
In announcing the plea, Acting U.S. Attorney Cohen and Chief Lanier commended the work of those who investigated the case from the Metropolitan Police Department. In addition, they expressed appreciation for the efforts of those who worked on the case from the U.S. Attorney’s Office, including Criminal Investigator John Marsh, Victim/Witness Advocate Veronica Vaughan and Assistant U.S. Attorney Lindsay Suttenberg, who investigated and prosecuted the matter.
Defendant Sentenced to Twenty-Four Years for Murder on Nez Perce ReservationRead the Press Release
COEUR D'ALENE - Raymond Antoine Scott, Jr., 39, of Lapwai, Idaho, was sentenced yesterday in United States District Court to 288 months in prison for second degree murder in the death of William Reich on the Nez Perce Reservation, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Scott to serve five years of supervised release. Scott pleaded guilty to the charge on May 4, 2015.
According to the plea agreement and statements during court, Scott admitted that he intentionally and with malice killed William Reich on July 9, 2013. Scott admitted to using a hatchet or similar object to strike Reich in the head. The case was handled by the United States Attorney’s Office because it happened on the Nez Perce Indian Reservation and both Scott and Mr. Reich were tribal members.
Olson said that Scott earned every day of his twenty-four year sentence. “This defendant’s criminal history demonstrates that he has injured and harmed people both on and off the reservation,” said Olson. “The victim in this case, William Reich, was a kind man who deserved a far better fate. There is nothing that my office can do to lessen the pain for the family of Mr. Reich or his community. However they can rest assured that Raymond Scott, Jr. will not be able to harm other members of the community for many years to come. I appreciate the collaborative efforts of the tribal, state and local law enforcement agencies in bringing this defendant to justice.”
The case was investigated by Federal Bureau of Investigation (FBI), Nez Perce Tribal Police and the Idaho State Police.
Dallas Man Sentenced to 15 Years in Federal Prison for Sex Trafficking Teenage RunawaysRead the Press Release
DALLAS — A Dallas man who pleaded guilty in February 2015 to sex trafficking a 17-year-old runaway was sentenced this morning, announced John Parker, U.S. Attorney for the Northern District of Texas.
Ladestro Douglas, a/k/a “Derek Douglas,” 36, was sentenced by U.S. District Judge Barbara M. G. Lynn to 15 years in federal prison to be followed by five years of supervised release. He was also required to register as a sex offender, and he was ordered to pay one of his victims, Jane Doe #1, $136,000 in restitution.
During sentencing, Judge Lynn noted that the case was not about prostitution; rather it was about human trafficking. She stated that Douglas “was trafficking through the sale of children,” and “to call it human trafficking acknowledges the horror of what you [Douglas] were doing.”
Douglas pleaded guilty in February 2015 to one count of conspiracy to commit sex trafficking of children, admitting he met a 17-year-old female on the Internet, convinced her to leave her foster home and go to Texas with him where he facilitated her engagement in commercial sex acts.
According to documents filed in the case, in May 2012, Douglas contacted 17-year-old “Jane Doe #1” on the Internet and began communicating with her. He convinced her to leave her foster home in Alabama and travel with him to Texas. When they arrived in Texas, Douglas facilitated Jane Doe #1 engaging in commercial sex acts. He took provocative photos of her for use on commercial sex websites; posted her on Backpage.com and other similar commercial sex websites; provided her with contraceptives to use with customers; and drove her to various cities to engage in commercial sex acts. Jane Doe #1 gave Douglas all of the money she earned.
In June 22, 2012, officers with the Dallas Police Department responded to a disturbance call at a local hotel. In the parking lot, they encountered Jane Doe #1, who explained that she had gotten in an altercation with her pimp, Douglas. Officers learned Jane Doe #1 was a 17-year-old runaway from Alabama, and they arrested Douglas. Douglas admitted that he knew she was age 17 and that she had been engaging in commercial sex acts throughout Texas. Afterwards, Jane Doe #1 lost contact with Douglas for several months, but after she turned 18, they reunited and Douglas continued to facilitate her commercial sex acts.
In December 2013, Jane Doe #1 and another woman were in Odessa, Texas, working at Douglas’s direction. They encountered 16-year-old Jane Doe #2 walking down the street, offered her a ride and she joined them. Jane Doe #1 contacted Douglas about Jane Doe #2 and he travelled to Odessa to meet her.
Douglas, Jane Doe #1 and Jane Doe #2 traveled back to Dallas on a bus, and after they arrived, Jane Doe #1 began facilitating Jane Doe #2’s engaging in commercial sex acts. They took provocative photos of her and posted her ad on Backpage.com. Jane Doe #1, at Douglas’s direction, contacted certain customers to see if they wanted to pay to have sex with Jane Doe #2. Jane Doe #1 also rode in the car with Jane Doe #2 to her commercial sex transactions, but she did not go into the room where they occurred. Jane Doe #2 also gave all of the money she earned to Douglas.
Ultimately, in late December 2013, Jane Doe #2 told Douglas she wanted to go home for the Christmas holidays, and he allowed her to leave.
The North Texas Trafficking Taskforce and U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) investigated. Assistant U.S. Attorney Cara Foos Pierce prosecuted.
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Crawford County Woman Pleads Guilty to Meth ConspiracyRead the Press Release
A woman who conspired to distribute methamphetamine pled guilty on July 17, 2015, in federal court in Sioux City.
Katja Bails, 37, from Kiron, Iowa, was convicted of conspiring to distribute methamphetamine.
At the plea hearing, Bails admitted that from about 2012 and continuing through November 2014 she was involved in a conspiracy that distributed more than 5,000 grams of actual (pure) methamphetamine. Bails traveled periodically from the Denison, Iowa, area to Omaha, Nebraska to obtain large quantities of methamphetamine which she then distributed in the Denison, Iowa and Ida Grove, Iowa areas.
Sentencing before United States District Court Judge Donald E. O’Brien will be set after a presentence report is prepared. Bails will remain in custody pending sentencing. Bails faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, $100 in special assessments, and at least five years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Iowa Division of Narcotics Enforcement, Ida County Sheriff’s Office, Denison Police Department, and Iowa Division of Criminal Investigation.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-4086.
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Corpus Christi Man Pleads Guilty to Distributing Child PornographyRead the Press Release
CORPUS CHRISTI, Texas – James Parrott, 31, of Corpus Christi, has pleaded guilty to distribution of child pornography, announced U.S. Attorney Kenneth Magidson.
The court heard today that detectives with the Corpus Christi Police Department, while using peer-to-peer software, were able to successfully download various files containing child pornography from an IP address that was associated with Parrott. As a result of this information, the FBI office in Corpus Christi was contacted to assist in the investigation.
In January 2015, agents executed a search warrant at Parrott’s residence, at which time they seized various electronic devices. Forensic analysis on those devices revealed more than 1,000 images and more than 120 videos of child pornography. Parrott admitted to using the peer-to-peer software to download child pornography.
Senior U.S. District Judge John D. Rainey accepted the guilty plea today and set sentencing for Oct. 19, 2015. At that time, Parrott faces a minimum of five and up to 20 years in federal prison and a possible $250,000 maximum fine. Upon completion of any prison term imposed, Hernandez also faces a maximum of life on supervised release during which time the court can impose a number of special conditions designed to protect children and prohibit the use of the Internet.
Parrott was arrested on the federal charges in June 2015 and has been in custody since that time where he will remain pending his sentencing hearing.
The FBI investigated with the assistance of the Corpus Christi Police Department.
This case, prosecuted by Assistant U.S. Attorney Hugo R. Martinez, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Congressman Chaka Fattah and Associates Charged with Participating in Racketeering ConspiracyRead the Press Release
A member of Congress and four of his associates were indicted today for their roles in a racketeering conspiracy involving several schemes that were intended to further the political and financial interests of the defendants and others by, among other tactics, misappropriating hundreds of thousands of dollars of federal, charitable and campaign funds.
Congressman Chaka Fattah Sr., 58, of Philadelphia; lobbyist Herbert Vederman, 69, of Palm Beach, Florida; Fattah’s Congressional District Director Bonnie Bowser, 59, of Philadelphia; and Robert Brand, 69, of Philadelphia; and Karen Nicholas, 57, of Williamstown, New Jersey, were charged today in a 29-count indictment with participating in a racketeering conspiracy and other crimes, including bribery; conspiracy to commit mail, wire and honest services fraud; and multiple counts of mail fraud, falsification of records, bank fraud, making false statements to a financial institution and money laundering.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Zane David Memeger of the Eastern District of Pennsylvania, Special Agent in Charge Edward J. Hanko of the FBI’s Philadelphia Division and Special Agent in Charge Akeia Conner of the Internal Revenue Service-Criminal Investigation (IRS-CI) Philadelphia Field Office made the announcement.
“As charged in the indictment, Congressman Fattah and his associates embarked on a wide-ranging conspiracy involving bribery, concealment of unlawful campaign contributions and theft of charitable and federal funds to advance their own personal interests,” said Assistant Attorney General Caldwell. “When elected officials betray the trust and confidence placed in them by the public, the department will do everything we can to ensure that they are held accountable. Public corruption takes a particularly heavy toll on our democracy because it undermines people’s basic belief that our elected leaders are committed to serving the public interest, not to lining their own pockets.”
“The public expects their elected officials to act with honesty and integrity,” said U.S. Attorney Memeger. “By misusing campaign funds, misappropriating government funds, accepting bribes, and committing bank fraud, as alleged in the Indictment, Congressman Fattah and his co-conspirators have betrayed the public trust and undermined faith in government.”
“These crimes and the subsequent elaborate cover-up constitute an egregious breach of public trust,” said Special Agent in Charge Hanko. “It is the duty of the FBI, IRS and Department of Justice to investigate and prosecute those who violate this trust and put personal gain above public service.”
“Public corruption by our elected officials and their associates undermines the American public’s confidence in our government,” said Special Agent in Charge Conner. “When our elected officials and their associates violate the law and create sophisticated financial schemes to enrich themselves, the Internal Revenue Service-Criminal Investigation, will work diligently with our fellow law enforcement partners to restore the public’s trust.”
Specifically, the indictment alleges that, in connection with his failed 2007 campaign to serve as mayor of Philadelphia, Fattah and certain associates borrowed $1 million from a wealthy supporter and disguised the funds as a loan to a consulting company. After he lost the election, Fattah allegedly returned $400,000 to the donor that the campaign had not used, and arranged for Educational Advancement Alliance (EAA), a non-profit entity that he founded and controlled, to repay the remaining $600,000 using charitable and federal grant funds that passed through two other companies, including one run by Brand. To conceal the contribution and repayment scheme, the defendants and others allegedly created sham contracts and made false entries in accounting records, tax returns and campaign finance disclosure statements.
In addition, the indictment alleges that after his defeat in the mayoral election, Fattah sought to extinguish approximately $130,000 in campaign debt owed to a political consultant by agreeing to arrange for the award of federal grant funds to the consultant. According to the allegations in the indictment, Fattah directed the consultant to apply for a $15 million grant, which he did not ultimately receive, on behalf of a then non-existent non-profit entity. In exchange for Fattah’s efforts to arrange the award of the funds to the non-profit, the consultant allegedly agreed to forgive the debt owed by the campaign.
The indictment further alleges that Fattah misappropriated funds from his mayoral and congressional campaigns to repay his son’s student loan debt. To execute the scheme, Fattah and Bowser allegedly arranged for his campaigns to make payments to a political consulting company, which the company then used to lessen Fattah’s son’s student loan debt. According to the allegations in the indictment, between 2007 and 2011, the consultant made 34 successful loan payments on behalf of Fattah’s son, totaling approximately $23,000.
In another alleged scheme, beginning in 2008, Fattah communicated with individuals in the legislative and executive branches in an effort to secure for Vederman an ambassadorship or an appointment to the U.S. Trade Commission. In exchange, Vederman provided money and other items of value to Fattah. As part of this scheme, the indictment alleges that the defendants sought to conceal an $18,000 bribe payment from Vederman to Fattah by disguising it as a payment for a car sale that never actually took place.
Finally, the indictment alleges that Nicholas obtained $50,000 in federal grant funds that she claimed would be used by EAA to support a conference on higher education. The conference never took place. Instead, Nicholas used the grant funds to pay $20,000 to a political consultant and $10,000 to her attorney, and wrote several checks to herself from EAA's operating account.
The charges and allegations contained in an indictment are merely accusations. The defendants are presumed innocent until and unless proven guilty.
The case is being investigated by the FBI and IRS-CI. Assistance was also provided by the Department of Justice’s Office of the Inspector General, the NASA Office of Inspector General and the Department of Commerce’s Office of Inspector General. The case is being prosecuted by Trial Attorneys Eric L. Gibson, T. Patrick Martin and Jonathan Kravis of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Paul L. Gray of the Eastern District of Pennsylvania. Trial Attorney Bob Dalton of the Criminal Division’s Organized Crime and Gang Section also provided assistance in this case.
Fattah et al. Indictment.pdf (5.96 MB)
Columbia Veteran Pleads to Defrauding Veteran's AffairsRead the Press Release
Contact person: William E. Day, II (803) 929-3000
Columbia, South Carolina ---- United States Attorney Bill Nettles stated today that Bobby Joe Haynes, age 61, of Columbia, South Carolina has entered a guilty plea in federal court in Columbia, to Theft of Government Funds, a violation of 18 U.S.C. § 641. United States District Judge Terry L. Wooten of Columbia accepted the guilty plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that Haynes received medical treatment from VA Medical Center in Columbia, S.C. Veterans are reimbursed for mileage to and from their residence and the medical facility. Haynes was living in Columbia but falsely claimed to be living in Georgetown, S.C. so that he could receive higher mileage payments. Between March 2011 and October 2013 Haynes filed 140 false mileage claims resulting in losses to the Department of Veterans Affairs of $7,488.
Mr. Nettles stated the maximum penalty for Theft of Government Funds is imprisonment for 10 years and/or a fine of $250,000.
The case was investigated by agents of the Department of Veterans Affairs, the Office of Inspector General, and the Criminal Investigations Division. Assistant United States Attorney William E. Day, II of the Columbia office is prosecuting the case.
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Cassville Man Sentenced to 25 Years for Child PornRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a Cassville, Mo., man has been sentenced in federal court for receiving and distributing child pornography over the Internet.
Matthew Casas, 26, of Cassville, was sentenced by U.S. District Judge Stephen R. Bough on Tuesday, July 28, 2015, to 25 years in federal prison without parole.
On Feb. 5, 2015, Casas pleaded guilty to receiving and distributing child pornography over the Internet and to possessing child pornography.
A business in Monett, Mo., contacted the local police department in 2013 when a customer who rented a smart TV notified them he discovered child pornography stored on the device’s memory. The television, which had been previously rented by Casas, was equipped to store the last 25 images viewed on the TV.
In February 2014, officers received three cybertips from the National Center for Missing and Exploited Children. The tips involved images of pre-pubescent females that were posted online on Casa’s Flickr account. Investigators determined that those images were posted from a computer at Casas’s residence. Officers executed a search warrant at the residence on Feb. 28, 2014.
Casas admitted that he downloaded and distributed child pornography to his Flickr account and that he also downloaded images of child pornography onto the smart TV that he rented.
This case was prosecuted by Assistant U.S. Attorney Abram McGull, II. It was investigated by the FBI, the Southwest Missouri Cyber Crimes Task Force, Missouri Internet Crimes Against Children, Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), the Barry County, Mo., Sheriff’s Department, the Joplin, Mo., Police Department and the Monett, Mo., Police Department.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Canadian Man Guilty of Marijuana Importation ConspiracyRead the Press Release
A Canadian man who was involved in a large marijuana smuggling conspiracy pled guilty on July 27, 2015, in federal court in Cedar Rapids.
Jason Boyachek, age 42 from British Columbia, Canada, was convicted of conspiracy to distribute 1000 kilograms or more of marijuana from 2005 through May of 2007.
At the plea hearing, Boyachek admitted his participation in the marijuana smuggling conspiracy, which involved smuggling marijuana from Canada to various locations in the United States and then transporting large quantities of currency back to Canada. On May 14, 2007, Customs and Border Patrol seized 600 pounds of marijuana hidden in a truck as it entered the United States near Pembina, North Dakota. This shipment was destined for a rural location in Delaware County, Iowa. Over the course of the investigation law enforcement officers were able to seize over $1.2 million in drug proceeds. Boyachek was subsequently arrested in Canada on September 12, 2011, and extradited to the United States on March 26, 2015.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Boyachek remains in custody of the United States Marshal pending sentencing. Boyachek faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $4,000,000 fine, $100 in special assessments, and 5 years of supervised release following any imprisonment.
The case was prosecuted by Assistant United States Attorney Patrick and was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of The Department of Homeland Security, Homeland Security Investigations, Customs and Border Patrol and the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; the Iowa City Police Department; and the Iowa Division of Narcotics Enforcement.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 09-2027.
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Butler Man Gets 5-Year Prison Term for Distributing Sexually Explicit Images and Video of ChildrenRead the Press Release
PITTSBURGH - A resident of Butler, Pa., was sentenced in federal court to 5 years imprisonment followed by 15 years supervised release, on his conviction of distribution of child pornography, United States Attorney David J. Hickton announced today.
United States District Judge Cathy Bissoon imposed the sentence on Justin Ellenberger, age 26.
According to information presented to the court, on March 10, 2014, Ellenberger distributed, to an a FBI agent working in Newark, New Jersey, in an undercover capacity, 19 photographs and a video contained in computer graphics files which depicted minors, some under the age of 12 years, engaging in sexually explicit conduct. A search warrant later executed at Ellenberger’s residence resulted in the seizure of two computers and an external hard drive, in which thousands of still images and videos had been stored by Ellenberger.
Judge Bissoon allowed Ellenberger to remain on bond pending designation to a federal correctional facility.
Assistant United States Attorney Carolyn J. Bloch prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Federal Bureau of Investigation for the investigation leading to the successful prosecution of Ellenberger.
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.
Bossier City tax preparer sentenced to 21 months in prison for tax fraudRead the Press Release
SHREVEPORT, La. – United States Attorney Stephanie A. Finley announced that a Bossier City woman was sentenced Tuesday to 21 months in prison for making and filing a false tax return.
Karen Cartagena, 55, of Bossier City, La., was sentenced by U.S. District Judge Elizabeth E. Foote on one count of making and subscribing a false tax return. Judge Foote also sentenced Cartagena to serve three years of supervised release and pay $84,147 in restitution. According to evidence presented at the March 19, 2015, guilty plea, Cartagena prepared and filed a fraudulent tax return on or about January 24, 2012. In the return, she added education credits (Education and American Opportunity credits) to which she was not entitled.
“While most preparers provide excellent service to their clients, some dishonest return preparers file false tax returns and give clients a false sense of security,” Finley stated. “I want to remind dishonest tax preparers that they will be prosecuted. This case should send a strong message to any dishonest tax return preparers who might be thinking of engaging in criminal activity. I also want to thank our law enforcement partners and the prosecutor in this case for their hard work in bringing this defendant to justice.”
“We are pleased with the sentencing of Ms. Cartagena and will continue to work with the U.S. Attorney’s Office to investigate and prosecute return preparers who abuse the nation’s tax system,” said Jerome R. McDuffie, Special Agent in Charge, IRS-Criminal Investigation, New Orleans Field Office. “Tax return preparer fraud is a priority for our agency. Taxpayers should be very selective in choosing a return preparer; and have confidence that their returns are prepared accurately and reflect only the information that they provide. ”
Internal Revenue Service-Criminal Investigation conducted the investigation. Assistant U.S. Attorney Earl M. Campbell prosecuted the case.
Belleville Man Indicted for Firearm OffenseRead the Press Release
The United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today that Joseph Capeheart, 28, of Belleville, was indicted last week by a federal grand jury, on the charge of Unlawful Possession of a Firearm by a Convicted Felon. The charge carries the maximum penalties of ten years in prison, a $250,000 fine, and three years of supervised release. Capeheart is detained, that is, held without bond, pending his arraignment hearing set for August 13, 2015.
The indictment alleges that on or about May 21, 2015, in St. Clair County, Capeheart possessed a Western Auto Revelation, model 100, caliber .22 bolt action rifle, bearing no serial number. The indictment also alleges that Capeheart had previously been convicted on April 13, 2013, of the felony offense of Unlawful Possession of Weapon by Felon.
An indictment is a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge and is entitled to a fair trial at which the United States must prove guilt beyond a reasonable doubt.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Illinois Department of Corrections. The case is being prosecuted by Special Assistant United States Attorney Vanessa T. Lu.
Battlefield Man Sentenced for Distributing Tons of MarijuanaRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Battlefield, Mo., man was sentenced in federal court today for his role in a conspiracy that distributed thousands of pounds of marijuana in southwest Missouri.
Jorge Torres, Jr., 31, of Battlefield, Mo., was sentenced by U.S. District Judge Stephen R. Bough to seven years in federal prison without parole.
On Feb. 10, 2015, Torres pleaded guilty to participating in a conspiracy to distribute marijuana in Greene County, Mo., and elsewhere from April 1, 2010, to June 19, 2013. Co-defendants Sean Bond, 39, of Republic, Mo., and Brian D. Hanson, 30, and Brenda Swearingin, 57, both of Springfield, Mo., also pleaded guilty to their roles in the drug-trafficking conspiracy.
Torres admitted that he distributed a total of approximately 120 pounds (54.36 kilograms) of marijuana, which he obtained from Bond, to Jordan Hitchcock, 22, of Springfield. Hitchcock has pleaded guilty in a separate but related case and awaits sentencing. Hitchcock paid Torres $650 to $750 per pound of marijuana. Hitchcock would then distribute the marijuana he obtained from Torres to others. Torres made approximately $50 per pound of marijuana sold.
Bond, Hanson and Swearingin were each sentenced on Tuesday, July 28, 2015.
Bond, who was sentenced to 12 years in federal prison without parole, arranged for Hanson and others to pick up marijuana from individuals outside of Springfield, then transported the marijuana to Springfield for Bond to distribute to other persons. Bond and Hanson also traveled together to Texas to obtain marijuana that had been smuggled into the United States from Mexico.
Hanson, who was sentenced to one year and one day in prison, admitted that he was responsible for transporting between 1,000 kilograms and 3,000 kilograms of marijuana into southwest Missouri.
Swearingin, who was sentenced to five years of probation, also pleaded guilty to illegally possessing a firearm in furtherance of a drug-trafficking crime. Swearingin admitted that she purchased pound amounts of marijuana from Bond each month for about two years and distributed it to others. She received approximately 10.872 kilograms of marijuana from Bond during her involvement in the conspiracy. When law enforcement officers executed a search warrant at Swearingin’s residence, they discovered a Hefty Freezer bag that contained approximately 173 grams of marijuana under a mattress in the guest bedroom. They also found a loaded Taurus .22-caliber handgun in Swearingin’s purse.
In addition to the drug-trafficking conspiracy, Bond and Hanson each pleaded guilty to participating in a conspiracy to launder the proceeds of marijuana sales. For example, Hanson gave Bond a 2002 BMW 745i and a 1969 Chevrolet Chevelle to pay a drug debt. Hanson purchased a 2003 Ford Crown Victoria at an auto auction, using proceeds from the sale of marijuana. Hanson then used this vehicle to transport marijuana from Houston and Kansas City, Mo., to Springfield.
Bond also admitted that he purchased a Wellcraft 3200 Martinique boat (which he registered in his father’s name), in part with drug proceeds, and a 2007 Cadillac Escalade that he used to distribute marijuana to customers in the Springfield area. Bond also used drug proceeds to purchase a 2002 BMW 725i, a 2002 Firebird pro-mod race car, a 1968 Chevrolet Camaro, three go karts, a 2006 Haulmark trailer and a 2004 Ford F350. That property has been seized by law enforcement officers and is subject to be forfeited to the government.
This case was prosecuted by Assistant U.S. Attorney Randall D. Eggert. It was investigated by the Drug Enforcement Administration, IRS-Criminal Investigation, the Missouri State Highway Patrol, the Springfield, Mo., Police Department and COMET (the Combined Ozark Multi-jurisdictional Enforcement Team).
Associate of Lucchese Organized Crime Family Sentenced to 30 Years in Prison for Racketeering and Other CrimesRead the Press Release
Two More Conspirators to be Sentenced This Week
CAMDEN, N.J. – An associate of the Lucchese organized crime family of La Cosa Nostra (LCN) was sentenced today to 30 years in prison for participating in a racketeering conspiracy and related offenses, U.S. Attorney Paul J. Fishman announced.
Salvatore Pelullo, 48, of Philadelphia, an associate of the Philadelphia and Lucchese LCN families, was sentenced today by U.S. District Judge Robert B. Kugler to 360 months in prison. He was convicted in July 2014, along with Nicodemo S. Scarfo, 50, of Galloway, New Jersey, a member of the Lucchese organized crime family; William Maxwell, 56, of Houston, a Texas attorney; and John Maxwell, 63, of Dallas, 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 Judge Kugler in Camden federal court.
Scarfo was sentenced on July 28, 2015, to 30 years in prison. The Maxwells are scheduled to be sentenced July 30, 2015.
According to documents filed in this case and the evidence presented at trial:
In April 2007, Pelullo, Scarfo 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 Pelullo and Scarfo, 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, Pelullo and Scarfo through fraudulent legal services and consulting agreements. Pelullo and Scarfo used their illicit gains to fund extravagant purchases.
The indictment also named as conspirators Scarfo’s father, Nicodemo D. Scarfo, or 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 Nicodemo S. 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 Pelullo to five years of supervised release and ordered him to pay restitution of $14 million.
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: J. Michael Farrell Esq., Wenonah, New Jersey
Albuquerque Man Pleads Guilty to Distributing Child Pornography ChargeRead the Press Release
ALBUQUERQUE – Ruben Nieto, 45, of Albuquerque, N.M., pleaded guilty this morning in federal court to an indictment charging him with distributing child pornography. The guilty plea was entered without the benefit of a plea agreement.
Nieto was arrested by the FBI on Nov. 13, 2014, based on a criminal complaint charging him with distribution of a visual depiction of a minor engaged in sexually explicit conduct and possession of a visual depiction of a minor engaged in sexually explicit conduct. Nieto was charged with committing both offenses in Bernalillo County, N.M., from March 24, 2014 through March 27, 2014. On Dec. 3, 2014, Nieto was indicted and charged with distributing child pornography.
According to court filings, the FBI initiated a federal investigation into Nieto in May 2014, after receiving a referral from the Bernalillo County Sheriff’s Office (BCSO) and the New Mexico Office of the Attorney General (NMOAG), both of which are members of the New Mexico Internet Crimes Against Children (ICAC) Task Force. In Jan. 2014, investigators identified an IP address that was being used to download and share child pornography. Investigation revealed that the IP address was subscribed to the residence in which Nieto lived until April 2014. In May 2014, investigators executed a search warrant at the residence and seized computers and computer-related media that contained child pornography after learning that Nieto regularly used the computer while he lived in the residence.
Nieto remains in federal custody pending his sentencing hearing. At his sentencing hearing, which has not yet been scheduled, Nieto faces a federal prison term of not less than five years and not more than 20 years. He also will be required to register as a sex offender when he completes his prison sentence.
This case was investigated by the Albuquerque office of the FBI, the BCSO, the NMOAG and the New Mexico ICAC Task Force.
The case was prosecuted by Assistant U.S. Attorney Shammara H. Henderson as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.
The case also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 82 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the NMOAG. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Alaskan Physician Convicted of Distributing and Receiving Child PornographyRead the Press Release
A federal jury convicted an Alaskan physician of distributing and receiving child pornography, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney Karen. L. Loeffler of the District of Alaska.
Greg Alan Salard, 54, of Wrangell, Alaska, was found guilty after a six-day trial before U.S. District Judge Timothy Burgess of the District of Alaska. Sentencing has been scheduled for Oct. 9, 2015, in Juneau, Alaska.
According to evidence presented at trial, in June 2014, during an FBI investigation concerning the trading of child pornography using peer-to-peer (P2P) software, investigators discovered that an Internet Protocol (IP) address linked to Salard was used to share files of known child pornography and that one of those files contained a video of child pornography. The evidence also showed that a laptop computer subsequently seized from Salard’s home contained the same P2P software used to share the video.
Testimony regarding a forensic examination of the laptop demonstrated that the computer contained a child pornography video as well as evidence of hundreds of other files with names indicative of child pornography; the jury reviewed the contents of 11 of those files. The testimony also showed that multiple searches had been run on the laptop for a term associated with child pornography, and that videos of child pornography had been viewed on the computer. Finally, the evidence introduced at trial revealed that a program designed to erase or “wipe” computer files had been used multiple times, including on the morning the search warrant was executed.
This case was investigated by the FBI, with assistance from the U.S. Forest Service, Petersburg, Alaska Police Department, Wrangell, Alaska Police Department and Juneau, Alaska, Police Department. The case is being prosecuted by Trial Attorney Leslie Williams Fisher of the Criminal Division’s Child Exploitation and Obscenity Section and Assistant U.S. Attorney Kyle Reardon of the District of Alaska.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who 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.
Alaskan Physician Convicted of Internet Child Pornography CrimesRead the Press Release
Anchorage, Alaska - U.S. Attorney Karen L. Loeffler announced today that on July 28, 2015, a federal jury in Juneau, Alaska, convicted a physician from Wrangell, Alaska, of distributing and receiving child pornography.
Greg Alan Salard, 54, of Wrangell, Alaska, was found guilty after a six-day trial before U.S. District Judge Timothy Burgess. Sentencing has been scheduled for October 9, 2015, in Juneau. The maximum penalty for each count of conviction is not less than five years and up to 20 years imprisonment, a fine of $250,000, a five-year to life term of supervised release, and a $100 special assessment.
According to evidence presented at trial, starting in May 2014, an FBI investigation linked the defendant’s Internet Protocol (IP) address with the trading of child pornography through an online peer-to-peer (P2P) file-sharing network. Such P2P networks are commonly used by individuals seeking to acquire digital contraband, including child pornography, and copywrited movies, music, and books. Through their investigation of the network, law enforcement was able to connect to the defendant’s IP address on June 5, 2014, and download from the defendant’s computer a portion of a 4-minute video that showed an adult male molesting a four-year-old child. An additional observation of the defendant’s computer being on the network and making files of child pornography available to other users was made on October 1, 2014.
Based on the above information, law enforcement obtained a search warrant for the defendant’s residence. During surveillance of the property on the morning of October 15, 2014, law enforcement watched the defendant’s wife leave the property, leaving the defendant as the only occupant of the house. Shortly thereafter, the defendant started his P2P program and his IP address was observed offering a file of child pornography. This video showed sex scenes involving prepubescent children.
Police arrived at the defendant’s house approximately 10 minutes after his computer came online. After knocking on the door, it took approximately eight minutes for the defendant to answer. During the time that police waited for a response from the defendant, he was deleting files from his computer – including the file observed by police that morning, deleting his search history from his file-sharing program, and had started a program on his computer to erase files. This wiping software was 35 percent complete by the time police located the defendant’s computer and stopped it.
Pursuant to the terms of the search warrant, law enforcement seized the defendant’s laptop computer and searched it for evidence of child pornography. A computer forensic examiner was able to recover the deleted file that the defendant had offered to the P2P network on the morning of the search, as well as evidence that the defendant had played that video on his computer. Also located on the computer was evidence that the defendant had used multiple file-sharing programs to search for images of child pornography, had downloaded more than 500 files of child pornography between February 1, 2014, and October 15, 2014, had viewed those images through various media players located on his computer, and had deleted evidence of that illegal activity on at least four separate instances.
The defendant is currently charged in Caddo Parish, Louisiana with Aggravated Rape in violation of Louisiana Revised Statute (R.S.) 14:42. Specifically, he is alleged to have committed oral sexual intercourse with a victim under the age of 13. He is expected to be extradited to Louisiana to face that charge following his sentencing in the federal case.
This case was investigated by the FBI, with assistance from the U.S. Forest Service; Petersburg, Alaska Police Department; Wrangell, Alaska Police Department; and Juneau, Alaska Police Department. The case was prosecuted by Assistant U.S. Attorney Kyle Reardon and Trial Attorney Leslie Williams Fisher of the Criminal Division’s Child Exploitation and Obscenity Section.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who 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.
Aggravated felon pleads guilty to illegally re-entering the United StatesRead the Press Release
SHREVEPORT, La. – United States Attorney Stephanie A. Finley announced that a Honduran national pleaded guilty Tuesday to re-entering the country after having been previously deported for committing an aggravated felony.
Timoteo Gonzalez-Leiva, 42, of Honduras, pleaded guilty before U.S. Magistrate Judge Mark L. Hornsby to one count of illegal re-entry after being deported as an aggravated felon. His plea will become final when accepted by U.S. District Judge Donald E. Walter. According to evidence presented at the guilty plea, Shreveport Police arrested Gonzalez-Levia on October 26, 2014. On October 28, 2014, he was convicted of simple battery and sentenced to prison. On January 7, 2015, at the completion of his jail sentence, the Caddo Parish Sheriff notified U.S. Immigration and Customs Enforcement of his pending release. ICE agents found that the defendant had been deported and then unlawfully returned to the United States multiple times. He was arrested in March of 1998 for first degree robbery in Delaware and sentenced to two years in prison. After serving the prison sentence, he was deported as an aggravated felon to Honduras. He later unlawfully re-entered the United States again, was arrested and removed in April of 2004, and again in February of 2006.
Gonzalez-Leiva faces up to 20 years in prison, one to three years supervised release, a $250,000 fine and deportation after completion of his prison term. A sentencing date of November 2, 2015 was set.
United States Immigrations and Customs Enforcement-Immigration Enforcement and the Shreveport Police Department conducted the investigation. Assistant U.S. Attorney Robert W. Gillespie Jr. is prosecuting the case.
10 Springfield Area Residents Charged in 29-Defendant Meth ConspiracyRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that 10 Springfield, Mo., area residents have been indicted by a federal grand jury for their roles in a now 29-defendant conspiracy to distribute methamphetamine in Greene, Polk, Christian, Jasper, Laclede and Webster counties.
Kenneth A. Hoffman, 45, David L. Miller, Jr., 39, Jeffrey L. Hatch, 46, Gregory L. “Pops” Jones, 50, David A. Floyd, 40, Jeffrey M. Gardner, 33, Corey A. Stienbarger, 26, and Brandon W. Malen, 25, all of Springfield, Heather L. Courtois, 31, of Republic, Mo., and Brandon A. House, 32, of Ash Grove, Mo., were charged in a 66-count second superseding indictment returned under seal by a federal grand jury in Springfield on Wednesday, July 22, 2015. This second superseding indictment replaces an April 2, 2015, federal indictment and adds these 10 defendants to the 19 defendants previously charged as well as additional charges.
Kenneth R. Friend, 44, Anthony J. Van Pelt, 36, Anthony M. Massoni, 41, Melody W. Carpenter, 32, Bonnie L. Amodio, 29, Donette C. Davis, 41, Justin D. Owens, 28, and Neil L. Manning, 47, all of Springfield; Kenna M. Harmon, 36, of Republic, Mo.; Anthony A. Hatfield, 31, of Nixa, Mo.; Joseph R. Allen, 41, of Half Way, Mo.; Tiffany A. Brawley, 26, of Phillipsburg, Mo.; Carlos Tapia, 40, of Lee’s Summit, Mo.; Eric M. McClanahan, 35, of Kansas City, Kan.; Cheryl D. Paluczak, 48, of St. Charles, Mo.; Nelson Olmeda, also known as “Diego,” 25, of Rosenberg, Texas; Robert A. Edson, 32, of Richmond, Texas; Robert Canales, 32, of Houston, Texas; and Clayton J. Mendes, 34, address unknown, were charged in the previous indictment. McClanahan and Carpenter have pleaded guilty and are therefore omitted from the second superseding indictment returned today.
The second superseding indictment alleges that all of the defendants participated in a conspiracy to distribute 500 grams or more of methamphetamine in Greene, Polk, Christian, Jasper, Laclede and Webster counties from June 1, 2013, to Nov. 29, 2014.
In addition to the drug-trafficking conspiracy, Harmon is charged in a money-laundering conspiracy. The indictment alleges that Harmon paid $324,185 in cash for the construction of a residence in Halfway, Mo., in 2014. All of those funds, the indictment says, were from the proceeds from the unlawful sale of methamphetamine. While building the residence, Harmon allegedly used the property to promote her continued sale of methamphetamine by storing methamphetamine at the residence, and allegedly asked Allen to provide security at the residence, in part, to protect the methamphetamine stored there.
Harmon is also charged with one count of distributing methamphetamine and one count of possessing methamphetamine with the intent to distribute. Harmon is also charged with one count of possessing a firearm in furtherance of a drug-trafficking crime and one count of being a felon in possession of a firearm. Harmon allegedly was in possession of a Jennings by Calwestco .22-caliber pistol.
Hatch is also charged with three counts of distributing methamphetamine and two counts of possessing methamphetamine with the intent to distribute. Hatch is also charged with one count of being a felon and an unlawful drug user in possession of a firearm and one count of possessing a firearm in furtherance of a drug-trafficking crime. Hatch allegedly was in possession of a Springfield Armory semi-automatic 9mm handgun.
Manning is also charged with five counts of possessing methamphetamine with the intent to distribute and with one count of being a felon in possession of firearms. Manning allegedly was in possession of a Taurus 9mm semi-automatic pistol, a Llama .40-caliber semi-automatic pistol and ammunition.
Massoni was also charged with two counts of being an unlawful drug user in possession of a firearm and ammunition. Massoni was allegedly in possession of a Taurus .45-caliber semi-automatic handgun and ammunition, and in possession of a Taurus .357-caliber handgun and ammunition.
Friend is also charged with seven counts of distributing methamphetamine and one count of possessing methamphetamine with the intent to distribute. Friend and Olmeda are charged together in one count of engaging in monetary transactions to promote unlawful activity. The indictment alleges that Friend paid Olmeda $20,000 for the purchase of methamphetamine; those funds allegedly were the proceeds of illegal methamphetamine trafficking.
Allen is also charged with one count of possessing methamphetamine with the intent to distribute and one count of possessing firearms in furtherance of a drug-trafficking crime. Allen allegedly was in possession of a Savage Arms .22-caliber rifle, a Mossberg 12-gauge shotgun, a Remington .22-caliber rifle, a Jennings by Bryco Arms .22-caliber pistol, two Glock .40-caliber pistols, a Rock Island Armory .45-caliber pistol and a Cobra .22-caliber derringer.
Hoffman is also charged with three counts of distributing methamphetamine and with five counts of possessing methamphetamine with the intent to distribute. Gardner is also charged with two counts of distributing methamphetamine. Jones is also charged with two counts of distributing methamphetamine. Miller is also charged with one count of distributing methamphetamine and two counts of possessing methamphetamine with the intent to distribute. Brawley is also charged with two counts of possessing methamphetamine with the intent to distribute. Owens is also charged with two counts of possessing methamphetamine with the intent to distribute.
Van Pelt is also charged with one count of possessing methamphetamine with the intent to distribute. Van Pelt and Stienbarger are charged together in one count of distributing methamphetamine. Van Pelt and Malen are charged together in one count of distributing methamphetamine. Malen is also charged with one count of making a building in Springfield available for the purpose of unlawfully storing, distributing and using methamphetamine. Malen is also charged with one count of being an unlawful drug user in possession of firearms. Malen allegedly was in possession of two Remington .30-06-caliber rifles, a Savage .22-caliber rifle, a Browning .22-caliber rifle, and ammunition.
House, Floyd, Amodio, Hatfield, Paluczak and Miller are each also charged with one count of possessing methamphetamine with the intent to distribute. Edson and Canales are also charged together in one count of possessing methamphetamine with the intent to distribute. Olmeda, Edson and Canales are charged together in one count of possessing methamphetamine with the intent to distribute.
Courtois was charged with one count of making a building in Republic available for the purpose of unlawfully storing, distributing and using methamphetamine.
The second superseding indictment also contains several forfeiture allegations, which would require various defendants to forfeit to the government any property used to commit the alleged offenses and any property derived from the proceeds of the alleged offenses, including Harmon’s residential property in Halfway, six vehicles (a Chevrolet Avalanche, a 2004 BMW-5 Series, a 2005 Mazda 6, a 2006 Hyundai Tiberon, a 1992 Harley-Davidson motorcycle, and a 2001 Harley-Davidson motorcycle), a total of $160,119 seized by law enforcement on various dates and at various locations, four rings and some bracelets and numerous firearms and ammunition.
Dickinson cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorneys Randall Eggert and Gary Milligan. It was investigated by the Drug Enforcement Administration, IRS-Criminal Investigation, the Missouri State Highway Patrol, the Springfield, Mo., Police Department and Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).
Tuesday 28 July 2015
Two Jefferson City Men Sentenced for Heroin ConspiracyRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that two Jefferson City, Mo., men were sentenced in federal court today for their roles in a conspiracy to distribute heroin.
Frank Collins, 45, and Tracy Davis, 47, both of Jefferson City, were sentenced in separate appearances before U.S. District Judge Brian C. Wimes. Collins was sentenced to 18 years and four months in federal prison without parole. Davis was sentenced to three years in federal prison without parole.
Collins and Davis both pleaded guilty to participating in a conspiracy to distribute heroin. Police utilized a confidential informant to make two purchases of heroin from Davis and additional confidential informants to make heroin purchases from Collins.
In one instance, when the confidential informant parked near Davis’s residence, Davis and a young child approached the vehicle. The confidential informant handed Davis $250 and Davis and the small child walked away. Davis then returned to the vehicle, opened the front passenger door, and handed the confidential informant two baggies of heroin.
Collins was the primary supplier for Davis, who then sold to users who would purchase heroin in half-gram quantities for approximately $100. Davis admitted he had been obtaining heroin from Collins every one to two days for the past six months prior to his arrest.
Collins admitted purchasing two to two-and-a-half ounces of heroin on four occasions over the past four months prior to his arrest, all from his source of supply in Chicago, for $85 per gram.
This case was prosecuted by Assistant U.S. Attorney Lauren E. Kummerer. It was investigated by the Drug Enforcement Administration, MUSTANG (the Mid-Missouri Unified Strike Team and Narcotics Group), the Jefferson City, Mo., Police Department, and the Columbia, Mo. Police Department.
Two California natives sentenced in multistate oxycodone trafficking operationRead the Press Release
WHEELING, WEST VIRGINIA – Two California natives were sentenced in federal court today for oxycodone trafficking, United States Attorney William J. Ihlenfeld, II, announced.
Julia Joseph, 45, and Mario O. Garcia, 42 both of Van Nuys, California, participated in a drug trafficking operation in which large quantities of prescription painkillers were shipped across state lines from California into Marshall County, West Virginia for redistribution and sale. They each pled guilty to one count of Conspiracy to Possess with Intent to Distribute and to Distribute Oxycodone.”
Garcia was sentenced today to 37 months in prison. Joseph was sentenced today to probation for 3 years.
Assistant U.S. Attorney Robert McWilliams prosecuted Garcia and Assistant U.S. Attorney Randy Bernard prosecuted Joseph on behalf of the government. The Marshall County Drug and Violent Crime Task Force, a HIDTA-funded initiative, the Drug Enforcement Administration - Los Angeles Field Division Tactical Diversion Squad, and the West Virginia State Police investigated.
U.S. District Judge John Preston Bailey presided.
Thirty-Four Defendants Charged in White Plains Federal Court with Committing Narcotics and Firearms Offenses in Sullivan CountyRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, James R. Farrell, the Sullivan County District Attorney, Diego Rodriguez, the Assistant Director-in-Charge of the New York Field Division of the Federal Bureau of Investigation (“FBI”), Raymond Parmer Jr., the Special Agent in Charge of the Homeland Security Investigations New York, Joseph A. D’Amico, the Superintendent of the New York State Police (“NYSP”), Michael A. Schiff, the Sullivan County Sheriff, Robert Mir, the Chief of the Village of Monticello Police Department, and Scott Kinne, the Chief of the Village of Liberty Police today announced the unsealing of nine Indictments charging a total of 34 defendants with committing various narcotics and firearms offenses in Sullivan County, New York.
Manhattan U.S. Attorney Preet Bharara said: “With the coordinated narcotics and firearms charges brought today, we seek to neutralize at least four different drug rings that allegedly have been selling massive amounts of heroin and crack cocaine for years. The devastating impact that this type of drug dealing can have on the small, rural communities like those in Sullivan County cannot be overstated. Heroin is back, with a vengeance, but so are we. The law enforcement effort today is the product of remarkable cooperation among federal, state and local agencies and I thank all of our partners.”
Sullivan County District Attorney James R. Farrell said: “Sullivan County, like the rest of our country, is not immune from the scourge of heroin and other dangerous narcotics and the threats they pose to our rural community. These drugs destroy lives, rip apart families and fuel a cycle of violence in our communities that threatens our safety and security. Today, in close collaboration and partnership with our federal law enforcement counterparts, we have disrupted, dismantled, and put out of business significant heroin and crack cocaine trafficking operations in Sullivan County. Over the last year, this joint investigation, involving local, state, county and federal assets, has concentrated on local dealers and local suppliers of heroin and crack cocaine. The successful partnership that has been forged will continue moving forward, unabated. Individuals who engage in these dangerous criminal activities, and import and distribute dangerous narcotics like crack cocaine and heroin, should take notice: all of our law enforcement resources are committed to protecting our community, targeting those who put our safety in danger and holding those people accountable and responsible for their criminal acts. ”
FBI Assistant Director-in-Charge Diego Rodriguez said: “Today’s charges describe alleged conspiracies to distribute crack and heroin in and around Monticello and other locations in Sullivan County. Infecting our neighborhoods with drugs peddled by criminals who arm their sales force with guns is a violent and dangerous combination. We’re here today to let the good people of Sullivan County know their streets are safer, their families are safer, and we’re one step closer to eliminating the drugs and violence that threaten the future and stability of their community.”
Homeland Security Investigations Special Agent in Charge Raymond Parmer Jr. said: “Today’s arrests help make the neighborhoods of Sullivan County a much safer place for its residents by taking violent drug dealers and other criminals off its streets. HSI will continue working with our law enforcement partners using every tool at our disposal to dismantle ruthless criminal organizations such as these.”
NYSP Superintendent Joseph A. D’Amico said: “The hard work and partnership between federal, state, county and local law enforcement are responsible for putting a stop to these drug operations. Thirty-four dangerous people are off the streets today, responsible for selling and distributing crack cocaine and heroin for money and firearms in and around Sullivan County. The State Police will continue to work closely with our law enforcement partners to make sure our neighborhoods are safe and the individuals who engage is this illegal activity are held accountable.”
Sullivan County Sheriff Michael A. Schiff said: “Today’s arrests are a clear indication of our resolve to address the drug epidemic that has besieged our community. Even though Sullivan County is the smallest population in the Southern District of New York, I would like to thank the U.S. Attorney’s Office and the Federal Bureau of Investigation for committing significant resources to our situation. We will continue to partner with federal, state and local agencies and use every tool at our disposal. All of the law enforcement agencies involved in this case should be commended for the outstanding job they have done.”
Village of Monticello Police Chief Robert Mir said: “I’m very appreciative and proud of the hard work of the law enforcement professionals that dedicated themselves to this operation. We have formed excellent working relationships with the U.S. Attorney’s Office, the FBI, Sullivan County District Attorney’s Office, New York State Police, Sullivan County Sheriff’s Office and the Liberty Police Department. The success of this mission would not have been possible had it not been for our collective resources. The arrests of these 34 individuals will make a significant dent in the criminal underworld of Sullivan County. The actions of those charged have been driving the violence and drug epidemic that have brought blight on our communities. Thanks to this concerted and continuing effort, we are creating a much safer place to live.”
Village of Liberty Police Chief Scott Kinne said: “This type of partnership and sharing of investigative resources is a necessity in modern day law enforcement, and the arrests of these individuals attests to this. I would like to thank all of the agencies that participated in this operation to help investigate, arrest, and prosecute these individuals who fueled crime and violence in our communities.”
As alleged in the Indictments unsealed today in White Plains federal court***
United States v. Errol Davis, et al., 15 Cr. 468
Between 2012 and 2015, ERROL DAVIS, a/k/a “MI,” 34, JAHMAL MCINTOSH, a/k/a “Blood,” 30, DARNELL SAUNDERS, a/k/a “Big D,” 36, CANDICE BROOKS, 30, ALFRED FRANKLIN, a/k/a “Junior,” 30, DEREK MOORER, a/k/a “D Moore,” 34, SCOTT MUSGRAVE, a/k/a “S,” 31, SAM REED, a/k/a “Elmo,” 25, JULIO RENTA, a/k/a “Tank,” 26, JAMES WILKES, a/k/a “Diamond,” 38, and SEAN YORK, a/k/a “Boogie,” 41, conspired to sell 280 grams or more of crack cocaine and 100 grams or more of heroin. The conspiracy was led, at different times, by DAVIS, MCINTOSH, and SAUNDERS. Members of the conspiracy distributed crack and heroin in and around Monticello and other locations in Sullivan County.
In October 2014, REED used and carried a firearm during and in relation to, and possessed a firearm in furtherance of, the narcotics conspiracy charged in the Indictment.
United States v. Damon Mitchell Sr., et al., 15 Cr. 463
Between 2013 and 2015, DAMON MITCHELL SR., a/k/a “Trip,” 40, LUIS GONZALEZ, 31, JULIO MARTINEZ, 36, KYRA MATAN, 33, PERNELL MOORE, a/k/a “Dog,” 48, HARMEEN NIX, a/k/a “Hollow,” 34, RAMON NUNEZ, a/k/a “Wellington,” 35, RONALD RIVERA, a/k/a “RJ,” 26, TYRELL SIMON, a/k/a “Shmeez,” 26, and GEORGE VEGA JR., a/k/a “Pito,” 29, conspired to sell one kilogram or more of heroin. MITCHELL, NIX, and NUNEZ served as sources of heroin supply to the conspiracy. The conspiracy was centered in Monticello, and members of the conspiracy distributed heroin in and around Sullivan County. MARTINEZ, MATAN, MOORE, RIVERA, SIMON, and VEGA distributed heroin in furtherance of the conspiracy. GONZALEZ helped NUNEZ transport and supply heroin to the conspiracy.
Between 2013 and 2015, RIVERA and SIMON each used and carried a firearm during and in relation to, and possessed a firearm in furtherance of, the narcotics conspiracy charged in the Indictment.
In the summer of 2014, MOORE possessed a firearm after having been convicted of a felony.
United States v. Darcy Copeland, et al., 15 Cr. 465
Between 2011 and 2015, DARCY COPELAND, a/k/a “Moey,” 33, JENILYN BOYCE, a/k/a “JL,” 31, PRISCILLA FRANKLIN, 33, and JERRELL CLARK, a/k/a “Rell,” 30, conspired to sell one kilogram or more of heroin. The conspiracy was based in Monticello and led by COPELAND. COPELAND distributed heroin to other drug dealers for resale, and on multiple occasions received firearms as payment for heroin. Since July 2014, COPELAND has been incarcerated on a state charge and has continued to maintain the drug distribution conspiracy while incarcerated. BOYCE distributed heroin for COPELAND and has helped him maintain his drug distribution operation while he is incarcerated. FRANKLIN and CLARK have also distributed heroin for COPELAND.
Between 2011 and 2015, COPELAND used and carried firearms during and in relation to, and possessed firearms in furtherance of, the narcotics conspiracy charged in the Indictment.
United States v. Frederick Gang, et al., 15 Cr. 471
Between 2007 and 2015, FREDERICK GANG, 55, APRIL WATSON, a/k/a “Nee Nee,” 30, and TYRONE HAGANS, a/k/a “Dirty T,” 38, conspired to sell 280 grams or more of crack cocaine. The conspiracy was based in Monticello and led by GANG. GANG supplied crack to other drug dealers for resale. WATSON maintained crack for GANG at her residence on Wood Avenue in Monticello and distributed crack in furtherance of the conspiracy. HAGANS distributed crack in furtherance of the conspiracy.
Between 2012 and 2013, WATSON used and carried firearms during and in relation to, and possessed firearms in furtherance of, the narcotics conspiracy charged in the Indictment.
United States v. Raheim Bolden, 15 Cr. 466
Between 2013 and 2015, RAHEIM BOLDEN, a/k/a “Red,” 32, conspired to sell 280 grams or more of crack cocaine.
United States v. Michael Hughes Jr., 15 Cr. 467
On January 10, 2015, MICHAEL HUGHES JR., 20, sold heroin. On February 6, 2015, HUGHES sold heroin and used and carried a firearm during and in relation to, and possessed a firearm in furtherance of, the sale of heroin.
United States v. Charles Gonzales, 15 Cr. 469
On May 5, 2015, CHARLES GONZALES, 39, possessed a firearm after having had three previous convictions for a violent felony or a serious drug offense.
United States v. Lamont McNeal and Gualberto Roman, Jr., 15 Cr. 470
On November 17, 2014, LAMONT MCNEAL, a/k/a “Ferl,” 42, possessed a firearm after having been convicted of a felony, and GUALBERTO ROMAN, JR., a/k/a “Bizzy Bert,” 31, possessed a firearm that had the manufacturer’s serial number obliterated.
United States v. Deon Morgan, 15 Cr. 464
On April 29, 2015, DEON MORGAN, 29, possessed a firearm after having been convicted of a felony.
* * *
32 of the 34 defendants are now in federal custody. The defendants will be presented in White Plains federal court today before U.S. Magistrate Judge Judith C. McCarthy and U.S. Magistrate Judge Paul E. Davison.
Charts containing the names of the defendants who were charged today, and the charges and maximum penalties they face, are attached. The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants would be determined by the respective judges.
Mr. Bharara praised the outstanding investigative work of the FBI, the New York State Police, the Sullivan County Sheriff’s Department, the Village of Monticello Police Department, the Village of Liberty Police Department, the Town of Fallsburg Police Department, the Department of Homeland Security, the United States Marshals Service, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Orange County Sheriff’s Office. Mr. Bharara also thanked the Sullivan County District Attorney’s Office for its ongoing assistance in the case.
These cases are being handled by the Office’s White Plains Division. Assistant United States Attorneys Michael Gerber, Max Nicholas, Won Shin, and Jennifer Beidel are in charge of the prosecutions.
The charges contained in the Indictments are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
###
United States v. Errol Davis, et al., 15 Cr. 468
CHARGE(S)
DEFENDANT(S)
MAXIMUM PENALTIES
Narcotics conspiracy
(Conspiracy to distribute and possess with intent to distribute 280 grams or more of crack cocaine and 100 grams or more of heroin.)
ERROL DAVIS,
a/k/a “MI,”
JAHMAL MCINTOSH,
a/k/a “Blood,”
DARNELL SAUNDERS,
a/k/a “Big D,”
CANDICE BROOKS,
ALFRED FRANKLIN,
a/k/a “Junior,”
DEREK MOORER,
a/k/a “D Moore,”
SCOTT MUSGRAVE,
a/k/a “S,”
SAM REED,
a/k/a “Elmo,”
JULIO RENTA,
a/k/a “Tank,”
JAMES WILKES,
a/k/a “Diamond,” and
SEAN YORK,
a/k/a “Boogie”Life in prison
Mandatory minimum:
10 years in prisonPossession of a firearm in furtherance of a drug trafficking crime
SAM REED,
a/k/a “Elmo”Life in prison
Mandatory minimum:
five years in prison, to be imposed consecutively to any other sentenceUnited States v. Damon Mitchell Sr., et al., 15 Cr. 463
CHARGE(S)
DEFENDANT(S)
MAXIMUM PENALTIES
Narcotics conspiracy
(Conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin.)
DAMON MITCHELL SR.,
a/k/a “Trip,”
LUIS GONZALEZ,
JULIO MARTINEZ,
KYRA MATAN,
PERNELL MOORE,
a/k/a “Dog,”
HARMEEN NIX
a/k/a “Hollow,”
RAMON NUNEZ,
a/k/a “Wellington,”
RONALD RIVERA,
a/k/a “RJ,”
TYRELL SIMON,
a/k/a “Shmeez,” and
GEORGE VEGA JR.,
a/k/a “Pito”Life in prison
Mandatory minimum:
10 years in prisonPossession of a firearm in furtherance of a drug trafficking crime
RONALD RIVERA,
a/k/a “RJ,” and
TYRELL SIMON,
a/k/a “Shmeez”Life in prison
Mandatory minimum:
five years in prison, to be imposed consecutively to any other sentencePossession of a firearm after having been convicted of a felony
PERNELL MOORE,
a/k/a “Dog”10 years in prison
United States v. Darcy Copeland, et al., 15 Cr. 465
CHARGE(S)
DEFENDANT(S)
MAXIMUM PENALTIES
Narcotics conspiracy
(Conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin.)
DARCY COPELAND,
a/k/a “Moey,”
JENILYN BOYCE,
a/k/a “JL,”
PRISCILLA FRANKLIN, and
JERRELL CLARK,
a/k/a “Rell,”Life in prison
Mandatory minimum:
10 years in prisonPossession of a firearm in furtherance of a drug trafficking crime
DARCY COPELAND,
a/k/a “Moey”Life in prison
Mandatory minimum:
five years in prison, to be imposed consecutively to any other sentenceUnited States v. Frederick Gang, et al., 15 Cr. 471
CHARGE(S)
DEFENDANT(S)
MAXIMUM PENALTIES
Narcotics conspiracy
(Conspiracy to distribute and possess with intent to distribute 280 grams or more of crack cocaine.)
FREDERICK GANG,
APRIL WATSON,
a/k/a “Nee Nee,”
TYRONE HAGANS,
a/k/a “Dirty T,” and
RAHEIM BOLDEN,
a/k/a “Red”Life in prison
Mandatory minimum:
10 years in prisonPossession of a firearm in furtherance of a drug trafficking crime
APRIL WATSON,
a/k/a “Nee Nee”Life in prison
Mandatory minimum:
five years in prison, to be imposed consecutively to any other sentenceUnited States v. Raheim Bolden, 15 Cr. 466
CHARGE(S)
DEFENDANT(S)
MAXIMUM PENALTIES
Narcotics conspiracy
(Conspiracy to distribute and possess with intent to distribute 280 grams or more of crack cocaine.)
RAHEIM BOLDEN,
a/k/a “Red”Life in prison
Mandatory minimum:
10 years in prisonUnited States v. Michael Hughes Jr., 15 Cr. 467
CHARGE(S)
DEFENDANT(S)
MAXIMUM PENALTIES
Distribution and possession with intent to distribute heroin
MICHAEL HUGHES JR. (two counts)
20 years in prison
Possession of a firearm in furtherance of a drug trafficking crime
MICHAEL HUGHES JR.
Life in prison
Mandatory minimum:
five years in prison, to be imposed consecutively to any other sentenceUnited States v. Charles Gonzales, 15 Cr. 469
CHARGE(S)
DEFENDANT(S)
MAXIMUM PENALTIES
Possession of a firearm after having had three previous convictions for a violent felony or a serious drug offense
CHARLES GONZALES
Life in prison
Mandatory minimum:
15 years in prisonUnited States v. Lamont McNeal and Gualberto Roman, Jr., 15 Cr. 470
CHARGE(S)
DEFENDANT(S)
MAXIMUM PENALTIES
Possession of a firearm after having been convicted of a felony
LAMONT MCNEAL,
a/k/a “Ferl”10 years in prison
Possession of a firearm that had the manufacturer’s serial number obliterated
GUALBERTO ROMAN, JR.,
a/k/a “Bizzy Bert”5 years in prison
United States v. Deon Morgan, 15 Cr. 464
CHARGE(S)
DEFENDANT(S)
MAXIMUM PENALTIES
Possession of a firearm after having been convicted of a felony
DEON MORGAN
10 years in prison
***As the introductory phrase signifies, the entirety of the text of the Indictments and the descriptions of the Indictments set forth below constitute only allegations, and every fact described should be treated as an allegation.Texas Woman Sentenced for Federal Methamphetamine Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Natali Arvilla Castro, 28, of Horizon City, Texas, was sentenced this morning in federal court in Las Cruces, N.M., to 45 months in prison followed by three years of supervised release for her methamphetamine trafficking conviction.
Castro and Travis Lavar Clark, 36, of Raleigh, N.C., were arrested on May 5, 2014, on a criminal complaint charging them with possession of methamphetamine with intent to distribute. According to the complaint, on Nov. 12, 2013, FBI agents encountered Clark and Castro at a hotel in Doña Ana County, N.M., after receiving information that the couple was transporting methamphetamine from El Paso, Texas to Las Cruces, N.M.
On Sept. 23, 2014, Castro pled guilty to a felony information charging her with possession of methamphetamine with intent to distribute. In entering her guilty plea, Castro admitted that on Nov. 12, 2013, Clark and she possessed approximately 757.34 grams of methamphetamine with intent to distribute. Castro further admitted that the methamphetamine was seized by law enforcement from a suitcase in the vehicle she was driving. Castro acknowledged that the pair were being paid to take the methamphetamine from El Paso to open up a “store” in Las Cruces where they intended to sell methamphetamine.
Clark was indicted in Feb. 2014, and charged with possession of methamphetamine with intent to distribute. Clark entered a guilty plea on June 10, 2014, to an indictment charging him with possession of methamphetamine with intent to distribute and acknowledged possessing 757.34 grams of pure methamphetamine. Clark was sentenced on April 28, 2015, to 51 months in prison followed by three years of supervised release.
This case was investigated by the Las Cruces office of the FBI and the New Mexico HIDTA Regional Interagency Drug Task Force (RIDTF)/Metro Narcotics Task Force. Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
The HIDTA Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department and the Doña Ana County Sheriff’s Office. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Texas Man Sentenced to More Than 10 Years for Methamphetamine TraffickingRead the Press Release
Orlando, Florida – U.S. District Judge Gregory A. Presnell has sentenced Alvaro De La Torre-Valdez (42, Dayton, TX) to 10 years and 5 months in federal prison for conspiracy to distribute methamphetamine. He pleaded guilty on April 3, 2015.
According to court documents, Torre-Valdez was a member of a drug trafficking organization responsible for transporting methamphetamine from Texas to Central Florida. In October 2014, he arranged to hide three kilograms of crystal methamphetamine in the spare tire of a car and transport it from his home in Texas to Florida. A trooper with the Florida Highway Patrol stopped the car near Ocala. During the traffic stop, a trained drug detection dog alerted on the car and approximately three kilograms of crystal methamphetamine were recovered from inside the spare tire of the car.
This case was investigated by Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Bruce S. Ambrose.
St. Ann Woman Pled Guilty in A Tax Scheme to Obtain “Free Money”Read the Press Release
Ebonyi Blakely, 28, from St. Ann, Missouri, pled guilty to an indictment that charged her with conspiracy to obstruct or impair the Internal Revenue Service in the lawful assessment and collection of income taxes and distribution of tax refunds, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today. Sentencing is set for November 6, 2015.
Blakely admitted that she conspired with and assisted a dishonest tax preparer, Tanya Nichols, who filed false tax returns to claim inflated refundable tax credits for low-income tax filers such as the earned income tax credit (EIC) and the child tax credit, which were refunded to the filer. Blakely
recruited individuals to have their returns prepared by Nichols. Blakely admitted that she had her own federal income tax return prepared by the dishonest tax preparer. The false information contained in the income tax returns prevented the IRS from making an accurate ascertainment, computation, and assessment of tax liabilities. It also prevented the IRS from making a correct distribution of income tax refunds. The false tax returns generated a larger tax refund than the filer was entitled to receive. Tanya Nichols was sentenced on June 12, 2015, to a prison sentence of 57 months.
Conspiracy is punishable by not more than 5 years in prison, a $250,000 fine, and not more than 3 years supervised release.
The investigation was conducted by agents from the Internal Revenue Service / Criminal Investigations. The case is being prosecuted by Assistant United States Attorney Norman R. Smith.
Rio Rancho Man to be Transferred from Indiana to New Mexico to Face Federal Charges Arising from the Alleged Kidnapping and Transporting of a Minor in Interstate Commerce to Engage in Sexual ActivityRead the Press Release
ALBUQUERQUE – A U.S. Magistrate Judge of the U.S. District Court for the Southern District of Indiana has ordered the transfer of Joe Medina, 37, of Rio Rancho, N.M., from Indiana to New Mexico to face a criminal complaint charging him with kidnapping and transporting a minor in interstate commerce for purposes of engaging in sexual activity. The order was announced by U.S. Attorney Damon P. Martinez, 13th Judicial District Attorney Lemuel L. Martinez, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division and Chief Michael Geier of the Rio Rancho Police Department (RRPD).
Medina was arrested in Indianapolis, Ind., on July 20, 2015, on a federal arrest warrant issued based on a criminal complaint filed by the FBI in the U.S. District Court for the District of New Mexico. The criminal complaint charges Medina with kidnapping and transporting a minor in interstate commerce for the purpose of engaging in sexual activity.
According to the criminal complaint, on July 9, 2015, the victim’s mother filed a missing person’s report to the RRPD asserting that the victim had been taken from their home and was missing. The complaint alleges that after the mother learned that Medina and the victim had been communicating with each other without her knowledge, she forced the victim to terminate communications with Medina. The mother reported that on July 7, 2015, Medina allegedly called the victim and threatened to kidnap her and kill her mother if he was denied contact with the victim.
Thereafter, the RRPD’s investigation revealed that Medina allegedly took the victim to Denver, Colo., where they boarded a bus. On July 12, 2015, Medina was arrested on a New Mexico state warrant when Medina and the victim were found on a bus that had stopped in Indianapolis. The criminal complaint alleges that the victim told the Indiana State Police that Medina had taken her against her will.
During a July 13, 2015, interview with the FBI, the victim reiterated that Medina had taken her from outside of her home against her will on July 9, 2015. The victim also told the FBI that Medina took her from Albuquerque to Denver where they abandoned Medina’s car and boarded a bus. After departing Denver, Medina and the victim allegedly traveled on a series of buses until they were stopped in Indianapolis.
If convicted on the kidnapping charge, Medina faces a statutory maximum penalty of life in prison. If convicted for transporting a minor in interstate commerce to engage in sexual activity, Medina faces a mandatory minimum of ten years and a maximum of life in prison. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
The U.S. Marshals Service is in the process of transporting Medina to New Mexico.
This case was investigated by the Albuquerque office of the FBI and the Rio Rancho Police Department, Corrales Police Department, and Denver Police Department with assistance from the 13th Judicial District Attorney’s Office, the U.S. Marshals Service, the Indiana State Police and the FBI in Indianapolis. Assistant U.S. Attorney Sarah Mease is prosecuting the case.
The case is brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Republic Man Sentenced for Distributing Tons of MarijuanaRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Republic, Mo., man was sentenced in federal court today for his role in a conspiracy that distributed thousands of pounds of marijuana in southwest Missouri.
Sean Bond, 39, of Republic, Mo., was sentenced by U.S. District Judge Stephen R. Bough to 12 years in federal prison without parole.
On Oct. 16, 2014, Bond pleaded guilty to participating in a conspiracy to distribute marijuana in Greene County, Mo., and elsewhere from April 1, 2010, to June 19, 2013. Co-defendants Brian D. Hanson, 30, and Brenda Swearingin, 57, both of Springfield, and Jorge Torres, Jr., 31, of Battlefield, Mo., have also pleaded guilty to their roles in the drug-trafficking conspiracy.
Bond arranged for Hanson and others to pick up marijuana from individuals outside of Springfield, then transported the marijuana to Springfield for Bond to distribute to other persons. Bond and Hanson also traveled together to Texas to obtain marijuana that had been smuggled into the United States from Mexico.
Hanson, who was sentenced today to one year and one day in prison, admitted that he was responsible for transporting between 1,000 kilograms and 3,000 kilograms of marijuana into southwest Missouri.
Swearingin, who was sentenced today to five years of probation, also pleaded guilty to illegally possessing a firearm in furtherance of a drug-trafficking crime. Swearingin admitted that she purchased pound amounts of marijuana from Bond each month for about two years and distributed it to others. She received approximately 10.872 kilograms of marijuana from Bond during her involvement in the conspiracy. When law enforcement officers executed a search warrant at Swearingin’s residence, they discovered a Hefty Freezer bag that contained approximately 173 grams of marijuana under a mattress in the guest bedroom. They also found a loaded Taurus .22-caliber handgun in Swearingin’s purse.
Torres, who is scheduled to be sentenced on Wednesday, July 28, 2015, admitted that he distributed approximately 120 pounds (54.36 kilograms) of marijuana to Jordan Hitchcock, 22, of Springfield. Hitchcock has pleaded guilty in a separate but related case and awaits sentencing. Torres obtained the marijuana from Bond. Hitchcock paid Torres $650 to $750 per pound of marijuana. Torres made approximately $50 per pound of marijuana sold.
In addition to the drug-trafficking conspiracy, Bond and Hanson each pleaded guilty to participating in a conspiracy to launder the proceeds of marijuana sales. For example, Hanson gave Bond a 2002 BMW 745i and a 1969 Chevrolet Chevelle to pay a drug debt. Hanson purchased a 2003 Ford Crown Victoria at an auto auction, using proceeds from the sale of marijuana. Hanson then used this vehicle to transport marijuana from Houston and Kansas City, Mo., to Springfield.
Bond also admitted that he purchased a Wellcraft 3200 Martinique boat (which he registered in his father’s name), in part with drug proceeds, and a 2007 Cadillac Escalade that he used to distribute marijuana to customers in the Springfield area. Bond also used drug proceeds to purchase a 2002 BMW 725i, a 2002 Firebird pro-mod race car, a 1968 Chevrolet Camaro, three go karts, a 2006 Haulmark trailer and a 2004 Ford F350. That property has been seized by law enforcement officers and is subject to be forfeited to the government.
This case is being prosecuted by Assistant U.S. Attorney Randall D. Eggert. It was investigated by the Drug Enforcement Administration, IRS-Criminal Investigation, the Missouri State Highway Patrol, the Springfield, Mo., Police Department and COMET (the Combined Ozark Multi-jurisdictional Enforcement Team).
Removed Alien Charged with Illegally Re-entering U.S.Read the Press Release
PITTSBURGH - A resident of Mexico, has been indicted by a federal grand jury in Pittsburgh on a charge of reentry of removed alien, United States Attorney David J. Hickton announced today.
The one-count indictment named Alberto Tejada-Casas, 34, of Mexico as the sole defendant.
According to the indictment, the defendant, who was previously removed from the United States on Oct. 25, 2007 and April 27, 2013, was found in Mount Lebanon, Pa., on June 26, 2015 without having applied for or received permission to reenter the United States from the Secretary of the Department of Homeland Security.
The law provides for a maximum total sentence of 10 years in prison, three years supervised release, and a fine of $250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Leo M. Dillon is prosecuting this case on behalf of the government.
The Department of Homeland Security conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Patricia Merz and Christopher McGuigan Sentenced for Embezzling from Mother's Bennington EstateRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Patricia Merz, 58, of Niskayuna, New York, and her brother, Christopher McGuigan, 53, of Rutland, have been sentenced in United States District Court in Burlington following their convictions on federal fraud and conspiracy charges. Today, Chief U.S. District Judge Christina Reiss sentenced Merz to time served, to be followed by three years of supervised release. As a condition of supervised release, Merz must spend the next six months in home confinement. This past January, Judge Reiss sentenced McGuigan to time served, followed by three years of supervised release. The court ordered Merz to pay restitution totaling about $52,000 and McGuigan to pay about $40,000. .
In 2014, a federal grand jury in Rutland returned a superseding indictment charging the defendants with conspiracy, wire fraud, interstate transportation of stolen money and forgery. According to the indictment, the defendants' mother, Annelise McGuigan, died in Bennington in 2009. She left no will. In late 2009, the Bennington probate court appointed Merz and McGuigan as co-administrators of their mother's estate. As administrators, they had a legal duty to prepare an inventory of estate assets, pay the estate's debts and render an accounting to the court.
According to the indictment, Annelise McGuigan owned a house in Rupert at the time of her death. With the court's permission, Merz and McGuigan sold the house in 2010. The sale netted the estate about $180,000. Although Merz and McGuigan had received claims against the estate totaling more than $88,000 -- debts incurred for funeral expenses, property maintenance, credit card expenses and nursing home and medical care -- Merz and McGuigan never paid any of those obligations. Instead, they used virtually all of the estate funds to benefit themselves, spending the entire $180,000 within about one year. Merz withdrew about $50,000 from the estate account by forging McGuigan's signatures on numerous banking withdrawal slips.
In October 2014, following a three-day trial, a federal jury convicted Merz on all four counts. McGuigan, who cooperated with the investigation, pled guilty to conspiracy.
This case was investigated by the Federal Bureau of Investigation.
Merz is represented by Federal Public Defender Michael Desautels. McGuigan is represented by Robert Behrens. The prosecutors are Assistant U.S. Attorneys Gregory Waples and Nikolas Kerest.