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16 September 2015
Rio Rancho Man Sentenced to Federal Prison for Unlawful Possession of Firearm and AmmunitionRead the Press Release
ALBUQUERQUE – Terrance Rinaldi, 32, of Rio Rancho, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to 36 months in prison for being a felon in possession of a firearm and ammunition. He will be on supervised release for three years after completing his prison sentence.
Rinaldi was arrested on Oct. 27, 2014, on an indictment charging him with unlawfully possessing a firearm and ammunition on Aug. 18, 2014, in Sandoval County, N.M. At the time Rinaldi was prohibited from possessing firearms or ammunition because he previously had been convicted of involuntary manslaughter and aggravated assault with a deadly weapon.
On May 14, 2015, Rinaldi pled guilty to the indictment without the benefit of a plea agreement.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Rio Rancho Police Department. Assistant U.S. Attorney David M. Walsh prosecuted the case.
Plummer Man Sentenced for Killing EaglesRead the Press Release
COEUR D'ALENE - Adrian Q. Brown-Sonder, 24, of Plummer, Idaho, was sentenced yesterday to three years of probation and 300 hours of community service for violating the Bald and Golden Eagle Protection Act, U.S. Attorney Wendy J. Olson announced. Visiting U.S. District Judge Terry J. Hatter, Jr. also ordered Brown-Sonder to pay $4,000 in restitution and to forfeit all hunting permits, tags, stamps and licenses during the term of probation. Brown-Sonder pleaded guilty to the charge on September 15, 2015.
According to the plea agreement, a confidential informant contacted Coeur d’Alene Tribal Police, who in turn contacted the FBI and U.S. Fish and Wildlife Service, and stated that Brown-Sonder killed eagles and other migratory birds. Several witnesses were interviewed and explained that Brown-Sonder admitted to them that he had killed hawks and eagles. A search warrant at the defendant’s residence resulted in the discovery of a large number of eagle and hawk feathers, as well as a wide array of bird skulls and feet. Two bald eagles, two golden eagles, two rough-legged hawks, two red-tailed hawks, and two unspecified dark-morph hawks were identified by a morphology examination. Brown-Sonder is prohibited from hunting and having possession of dangerous weapons during the term of his probation.
The case was investigated by Coeur d’Alene Tribal Police, Federal Bureau of Investigation (FBI) and U.S. Fish and Wildlife Service (USFW).
Phonenixville Man Sentenced for Multi-Million Dollar Fraud SchemeRead the Press Release
PHILADELPHIA - Timothy D. Burns, (36), of Phoenixville, Pennsylvania, was sentenced today to 60 months in prison for mail fraud, wire fraud and loan fraud. He pleaded guilty to the charges on June 25, 2013. Burns was the sole owner of ESG Family Services, among other businesses. ESG Family Services provided bill paying and other personal services to clients. Burns induced many of his Family Services clients to add him as a signatory to their bank accounts. He also represented to clients and others that he could acquire shares of Facebook and other social media stock before their public offerings at favorable prices.
Between at least May 2007 and September 2012, Burns converted money entrusted to him by more than 50 clients and would-be investors for his personal gain. In 2011, without their knowledge or consent, Burns used his clients’ and investors’ money to buy a shore home in Avalon, New Jersey, for more than $4 million and to make a down payment on a commercial office building in Conshohocken, Pennsylvania. In 2012, he misrepresented to a bank that he had acquired stock, when he had not, to obtain a $6 million mortgage loan on the commercial office building. Burns used the fraudulently acquired shore home as collateral on a second loan of $1.5 million issued to him by the same bank to buy the office building.
In addition to the prison term, U.S. District Court Judge Legrome D. Davis ordered restitution of $11,038,923.60, a $400 special assessment, five years of supervised release, and forfeiture.
The case was investigated by the FBI and the U.S. Postal Inspection Service. It was prosecuted by Assistant United States Attorney Nancy E. Potts.
Peach Springs Woman Sentenced to 41 Months in Prison for AssaultRead the Press Release
PHOENIX – On Sept. 14, 2015, Grace Carol Dashee, 44, of Peach Springs, Ariz., a member of the Hualapai Indian Tribe, was sentenced by U.S. District Judge Neil V. Wake to 41 months in prison. Dashee pleaded guilty on May 19, 2015 to assault resulting in serious bodily injury.
On Nov. 7, 2014, within the Hualapai Indian Community, Dashee, who was intoxicated, became enraged with the victim, also a member of the Hualapai Indian Tribe, and struck him in the head with an axe. The victim sustained permanent and life threatening injuries as a result of the assault.
The investigation in this case was conducted by the Federal Bureau of Investigation and the Hualapai Nation Police Department. The prosecution was handled by Christina J. Reid-Moore, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-14-8223-NVW
RELEASE NUMBER: 2015-078_Dashee
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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Passaic County, New Jersey, Woman Admits Criminal Violation of HIPAARead the Press Release
TRENTON, N.J. – A Passaic County, New Jersey, woman today admitted her involvement in selling documents containing the individually identifiable health information of patients who received services at a New Jersey hospital, U.S. Attorney Paul J. Fishman announced.
Okeisha Carey, 48, of Paterson, New Jersey, pleaded guilty before U.S. District Judge Michael Shipp in Trenton federal court to an information charging her with wrongful disclosure of individually identifiable health information.
According to documents filed in this case and statements made in court:
From July 2010 through April 2011, Carey was employed as a billing supervisor for a hospital in Bergen County, New Jersey. During that time, she obtained patient records containing personally identifiable information, including patients’ names, dates of birth, Social Security numbers, and Medicare and Medicaid insurance information. She later transferred more than 250 patient records to another individual in exchange for cash payments.
The wrongful disclosure of individually identifiable health information charge carries a maximum sentence of 10 years in prison and a fine of up to $250,000 or twice the gross gain or loss from the offense. Sentencing is scheduled for Dec. 11, 2015.
U.S. Attorney Fishman praised special agents of the U.S. Secret Service, under the direction of Special Agent in Charge Carl Agnelli, with the investigation leading to today’s guilty plea.
The government is represented by Special Assistant U.S. Attorney Thomas S. Kearney of the U.S. Attorney’s Office General Crimes Unit in Newark.
One New Orleans Man Pleads Guilty, Two Others Sentenced to over 10 Years in Prison in Heroin ConspiracyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that TREY MITCHELL, age 23, pled guilty today to attempted distribution of heroin, while co-defendants TERRELL DAVIS, age 24, and PERCY DEPRON, age 28, all of New Orleans, were sentenced for conspiracy to distribute heroin.
U.S. District Judge Kurt D. Engelhardt sentenced DAVIS to 151 months in prison, five years of supervised release following his prison term, and a $100 special assessment. DEPRON was sentenced to 121 months in prison, five years of supervised release, and a $100 special assessment.
According to court documents, the investigation of this trafficking organization included multiple court-authorized wiretaps by the Drug Enforcement Administration (DEA) New Orleans Police Department High-Intensity Drug Trafficking Area group, including taps of cell phones used by dealers to communicate with suppliers, other co-conspirators, and customers. DEA worked together with agents of the Federal Bureau of Investigation to conduct numerous undercover purchases of heroin, surveillance operations, searches, witness debriefings, records analyses, and other investigative techniques to uncover and dismantle the heroin trafficking activities of the group.
The investigation showed that the defendants had been using a residence in New Orleans East as a base of operations to meet with heroin suppliers, maintain a heroin stash, and provide heroin to other dealers.
Numerous daily heroin customers also called the ‘dope’ phones used by these defendants every day to order heroin. Typically one of the dealers would answer these calls, ask the caller how much heroin he or she wanted to buy, and direct the caller to drive to a gas station or other commercial location in the New Orleans East neighborhood. Through subsequent calls and then
visual contact between the customer and dealer, the dealer would direct the customer to rendezvous in a parking lot or on a side street near the commercial location to conduct the heroin sale.
According to the record, in July 2013, a court-authorized wiretap of the ‘dope’ phone used by defendant TERENCE TAYLOR intercepted a series of calls relating to the sale of heroin to a person who had recently been through treatment for heroin addiction, and who died later that day as a result of a heroin overdose. Intercepted calls helped to demonstrate that TAYLOR negotiated this particular sale of heroin and that defendant MALCOLM BOLDEN subsequently met with the decedent to complete the sale. Judge Engelhardt sentenced BOLDEN to 25 years in prison in June.
Court documents also show that TAYLOR’s brother, TREY MITCHELL, had been selling heroin prior to MITCHELL’s state arrest and incarceration beginning in November 2012. At that point, TAYLOR took custody of a ‘dope’ phone formerly used by MITCHELL and began serving many of MITCHELL’s heroin customers. MITCHELL also attempted to direct heroin sales from jail through the use of cellular phones that had been smuggled into the jail. Some of these telephone calls over MITCHELL’s smuggled jail cell phone were intercepted during the court-authorized wiretap investigation of TAYLOR.
U.S. Attorney Polite praised the work of the DEA New Orleans Police Department High-Intensity Drug Trafficking Area group, the FBI, and the ATF, with the assistance of the St. Tammany Sheriff’s Office, the St. Bernard Sheriff’s Office, and the Louisiana State Police in investigating this matter. Assistant U.S. Attorneys Michael B. Redmann and Mark A. Miller are in charge of the prosecution.
O'Fallon Man Sentenced to 15 Years in Prison for Being a Convicted Felon in Possession of a FirearmRead the Press Release
Kevin Lamar Smith, 28, of O’Fallon, Illinois, was sentenced to 15 years in federal prison for Unlawful Possession of a Firearm by a Previously Convicted Felon, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today. Following his prison sentence, Smith will be on federal supervised release for 5 years. Smith was also ordered to pay a $100 special assessment and a $150 fine. Smith has been in custody since his arrest on November 17, 2013.
"As I have demonstrated, prosecution of gun crimes is a priority of mine. Guns in the hands of convicted felons will only lead to an increase in the violence which plagues the citizens of Southern Illinois. I hope that this very long and well-deserved sentence will help send the message persons who defy the law by illegally possessing firearms – you will be caught and you will be sent to federal prison for a very, very long time." said United States Attorney Wigginton.
Court documents establish that on November 17, 2013, O’Fallon officers received a complaint that Smith was in possession of a firearm. Later that same day, O’Fallon officers located the vehicle being driven by Smith and attempted a traffic stop. While the officers were following Smith, who was traveling at a high rate of speed through a residential area, Smith told his passenger to throw the gun out of the vehicle. The firearm was recovered from the front yard of a homeowner and determined to be a fully loaded .45 caliber Hi-Point semiautomatic pistol. Smith and his passenger were arrested. The passenger of the vehicle was interviewed and stated that Smith had the Hi-Point semiautomatic firearm when he got into car and that he had seen Smith with the firearm on two other occasions. He also stated that Smith told him to throw the gun out of the vehicle while the police were following them.
Court documents further establish that Smith was a previously convicted felon, having been convicted in 2009 of residential burglary in the Circuit Court of St. Clair County, Illinois. That conviction, as well as other findings made by the Court mandated the 15 year sentence.
The investigation was conducted by the O’Fallon Police Department and successfully prosecuted by Assistant United States Attorney Ali Summers.
North Canton man charged with having images of child sexual abuseRead the Press Release
A grand jury returned a one-count indictment charging Earl C. Speedy, age 39, of North Canton, with distributing a visual depiction of a minor engaged in sexually explicit conduct, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio.
If convicted, the defendant’s sentence will be determined by the court after a 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 violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The case is being prosecuted by Assistant U.S. Attorney Brian M. McDonough following an investigation by the FBI Canton Resident Agency. An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.
New Port Richey Man Sentenced for Tax EvasionRead the Press Release
Tampa, Florida – U.S. District Judge Virginia M. Hernandez Covington today sentenced Steven Staltare to three years and one month in federal prison for tax evasion. The Court also ordered restitution to the Internal Revenue Service in the amount of $1,689,248. Staltare pleaded guilty on December 16, 2014.
According to court documents, Staltare was a securities broker and evaded paying taxes on income that he had earned during tax years 1999 through 2009. During the same time period that he failed to report and pay taxes on his income, he enjoyed a lavish lifestyle and diverted money from his business for gambling and personal expenses.
This case was investigated by the Internal Revenue Service-Criminal Investigation. It was being prosecuted by Assistant United States Attorney Jay L. Hoffer.
Nevada Tribes Receive $2.7 Million in Grants from U.S. Department of JusticeRead the Press Release
LAS VEGAS, Nev. – Three northern Nevada Indian tribes will receive over $2.7 million in U.S. Department of Justice grants to assist them with public safety and community policing issues, announced U.S. Attorney Daniel G. Bogden for the District of Nevada. The awards to the Nevada tribes were included in a national announcement made today by the U.S. Department of Justice as part of its ongoing initiative to increase engagement, coordination and action on public safety in tribal communities. The announcement stated that 206 awards totaling more than $97 million were to American Indian tribes, Alaska Native villages, tribal consortia and tribal designees.
“I am very pleased that Nevada tribes have received this much needed financial assistance from the Department of Justice,” said U.S. Attorney Bogden. “We will continue to consult with tribal leaders to make sure our resources are reaching those who need them and making the biggest positive impact possible.”
Nevada tribes receiving awards are the Fallon Paiute-Shoshone Tribe, Shoshone-Paiute Tribes of Duck Valley, and the Washoe Tribe of Nevada and California. The Fallon Paiute-Shoshone Tribe received one award totaling $188,695 for public safety and community policing. The Shoshone-Paiute Tribes of Duck Valley received two awards, one for $724,891 for alcohol and substance abuse and the other for $406,828 for violence against women. The Washoe Tribe of Nevada and California received two awards, one for $1 million for corrections and the other for $372,123 for its tribal youth program. More information on the awards is available at http://www.justice.gov/opa/pr/justice-department-awards-over-97-million-improve-public-safety-and-victim-services-american.
This week, U.S. Attorney Bogden has also been traveling to tribal lands and reservations in northern Nevada with two prosecutors from his office and a representative from the Bureau of Indian Affairs (BIA) to meet with Nevada tribal leaders on issues of concern, including public safety, investigations, victim advocacy, training, outreach, and violence against women. These annual meetings help federal prosecutors and investigators understand how we can better serve and support our tribal partners.
The tribal grant awards are made through DOJ’s Coordinated Tribal Assistance Solicitation (CTAS), a single application for tribal-specific grant programs. DOJ developed CTAS through its Office of Community Oriented Policing Services, Office of Justice Programs and Office on Violence Against Women and administered the first round of consolidated grants in September 2010. Since then, more than 1,400 grants totaling more than $620 million have been provided to enhance law enforcement practices, victim services and sustain crime prevention and intervention efforts in nine purpose areas; public safety and community policing; justice systems planning: alcohol and substance abuse; corrections and correctional alternatives; children’s justice act partnerships; services for victims of crime; violence against women; juvenile justice; and tribal youth programs.
Today’s award list is available at http://www.justice.gov/tribal/file/771691/download. A fact sheet on CTAS is available at /media/791821/dl?inline.
Navajo Man from Tseyatoh, N.M., Sentenced to Federal Prison for Involuntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Almundo Cruz Singer, 28 was sentenced this afternoon in federal court in Albuquerque, N.M., to 75 months in prison followed by three years of supervised release for his involuntary manslaughter conviction.
Singer, an enrolled member of the Navajo Nation who resides in Tseyatoh, N.M., was arrested on Dec. 16, 2014, on a criminal complaint charging him with involuntary manslaughter. He subsequently was indicted on Jan. 8, 2015, and charged with killing a man on Dec. 9, 2014, while driving under the influence of alcohol on the Navajo Indian Reservation in McKinley County, N.M.
According to court filings, Singer killed a 36-year-old Navajo man who was walking across State Road 118 in Church Rock, N.M., by hitting him with his vehicle while driving under the influence of alcohol. Singer fled from the scene of the crash, but was arrested shortly thereafter in Gallup, N.M.
On April 17, 2015, Singer pled guilty to the indictment and admitted to killing the victim by driving recklessly while under the influence of alcohol. Singer also admitted that because of his intoxication, he was incapable of exercising clear judgment and a steady hand in operating a vehicle, and that he operated his vehicle without using due caution and with a reckless disregard that imperiled the lives of others.
This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney Sarah Mease.
Nashville Woman Pleads Guilty to Filing False Tax ClaimRead the Press Release
Karen Liane Miller, 60, of Nashville, Tennessee, pleaded guilty yesterday to filing a false claim with the U.S. government, announced David Rivera, U.S. Attorney for the Middle District of Tennessee and Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division.
According to court documents and statements at the plea hearing, Miller admitted that from about August 2008 until about July 2009, she knowingly prepared and submitted multiple false federal income tax returns to the IRS on behalf of her friends, family and herself. The returns reported false amounts of taxable income on attached Forms 1099-OID (Original Issue Discount) and Forms 1099-A that Miller created and fraudulently represented to have been issued by financial institutions. The returns also reported identical or near-identical false amounts of federal income tax withheld from the fictitious income to generate claims for tax refunds that were significantly higher than what the taxpayers were entitled to receive. Miller filed 48 fraudulent tax returns that falsely claimed more than $19.8 million in refunds. The IRS issued $1,003,238 in refunds for eight of the 48 fraudulent returns.
The sentencing hearing is set for Jan. 8, 2016. Pursuant to the plea agreement, Miller faces a potential statutory maximum sentence of five years in prison, restitution in the amount of $1,003,328 to the IRS and a fine.
This case was investigated by the IRS-Criminal Investigation. Assistant U.S. Attorney Carrie Daughtrey and Trial Attorneys Alexander R. Effendi and Nathan P. Brooks of the Tax Division are prosecuting the case.
Monmouth County, New Jersey, Man Charged with Distributing Sexually Explicit Images of ChildrenRead the Press Release
NEWARK, N.J. – A Monmouth County, New Jersey, was arrested today for allegedly possessing and distributing sexually suggestive images of children, U.S. Attorney Paul J. Fishman announced.
Donald Haring, 60, of Long Branch, is charged by complaint with two counts of distributing child pornography and one count of possessing child pornography. He is scheduled to make his initial court appearance later today before U.S. Magistrate Judge Steven C. Mannion in Newark federal court.
According to documents filed in this case and statements made in court:
In June 2014, an undercover agent downloaded files containing child sexual abuse from Haring’s computer via a peer-to-peer file sharing network. Haring was sharing more than 100 files of child sexual abuse.
In October 2014, Haring applied to an online child pornography forum covertly operated by undercover agents from the Department of Homeland Security (DHS) to identify individuals who transmit images of child sexual abuse. The online forum was maintained in a controlled environment in a manner that appeared to the prospective user that it was an exclusive and secure members-only website. The “terms of admission” for the online forum required prospective members to, among other things, upload images of child sexual abuse. Using the same IP address he used to share child pornography in June 2014, Haring uploaded eight images of child sexual abuse to satisfy the criteria for admission to the online forum.
In December 2014, DHS agents executed a federal search warrant at Haring’s home. A forensic examination of one of the devices seized from the home revealed more than 4,600 images and 75 movies of child sexual abuse.
Each count of distribution of child pornography carries a maximum penalty of 20 years in prison, a minimum penalty of five years in prison, and a fine of $250,000. The possession count carries a maximum penalty of 10 years in prison and a fine of $250,000.
U.S. Attorney Fishman credited special agents of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), under the direction of Acting Special Agent in Charge Kevin Kelly, with the investigation leading to today’s arrest.
The government is represented by Assistant U.S. Attorney David W. Feder of the U.S. Attorney’s Office Criminal Division in Newark.
The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Michael Scott Ponce Pleads Guilty to Being an Armed Career CriminalRead the Press Release
ALBUQUERQUE – Michael Scott Ponce, 38, of Albuquerque, N.M., pled guilty today in federal court to being an armed career criminal. Under the terms of his plea agreement, Ponce will be sentenced to 15 years in prison followed by a term of supervised release to be determined by the court. Ponce’s sentence was enhanced to a minimum of 15 years in prison, as opposed to a maximum ten years, based on his status as an armed career criminal.
The federal charge against Ponce was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD), and Bernalillo County Sheriff Manuel Gonzales, III.
U.S. Attorney Damon P. Martinez said that Ponce was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, under this initiative.
“Violent, repeat offenders, such as Mr. Ponce, should be removed from Bernalillo County streets and held accountable for their actions. As part of the Worst of the Worst Initiative, Mr. Ponce's prosecution is an example of the successful collaboration amongst partnering agencies, and the resulting disposal of criminal cases in our community,” said 2nd Judicial District Attorney Kari E. Brandenburg.
Ponce was arrested on July 13, 2015, on a criminal complaint alleging that Ponce unlawfully possessed a firearm and ammunition on June 27, 2015, in Bernalillo County, N.M. According to the criminal complaint, on June 27, 2015, APD officers who responded to reports of a shooting in downtown Albuquerque observed a vehicle driven by Ponce as it struck another vehicle as Ponce attempted to flee from the area. APD officers pursued Ponce into a residential neighborhood where they took him into custody. As they were arresting Ponce, the officers observed a firearm cartridge in Ponce’s vehicle. Before they arrested Ponce, the APD officers also observed Ponce throw an item from his vehicle, and later found a semiautomatic pistol in the area where they had observed Ponce throw the object.
Ponce was subsequently indicted on July 30, 2015, and charged with being a felon in possession of a firearm and ammunition. According to court records, on June 27, 2015, Ponce was prohibited from possessing firearms or ammunition because he previously had been convicted of two counts of aggravated assaults with a deadly weapon, aggravated battery with a deadly weapon causing great bodily harm, and trafficking a controlled substance in the Second Judicial Court for the State of New Mexico in Bernalillo County. Ponce also had a prior federal conviction on a cocaine trafficking charge. At the time of his arrest on June 27, 2015, Ponce was on supervised release after having served a sentence of incarceration on the federal conviction.
During today’s proceedings, Ponce pled guilty to the indictment and admitted that on June 27, 2015, he possessed a semi-automatic pistol even though he was prohibited from possessing firearms and ammunition due to his prior felony convictions. Ponce remains in federal custody pending his sentencing hearing which has yet to be scheduled.
This case was investigated by the ATF office in Albuquerque and APD with assistance from the Bernalillo County Sheriff’s Office and the Second Judicial District Attorney’s Office. Assistant U.S. Attorney Paul Mysliwiec is prosecuting the case.
Mexican Sentenced for Role in Large-Scale Heroin and Cocaine Trafficking ConspiracyRead the Press Release
PITTSBURGH - A citizen of Mexico has been sentenced in federal court to 57 months of imprisonment with credit for time served, subject to deportation along with three years of supervised release on his conviction of conspiracy to distribute and possess with the intent to distribute one kilogram or more of heroin, and five kilograms or more of cocaine, United States Attorney David J. Hickton announced today.
United States District Judge Cathy Bissoon imposed the sentence on Javier Ochoa, 53, of Mexico.
According to information presented to the court, Olufemi Young was a large-scale trafficker of cocaine and heroin in Pittsburgh, Pa. Following his release from federal prison in 2011, law enforcement collected evidence demonstrating that Young conspired to import multiple kilogram quantities of cocaine and heroin into the Western District of Pennsylvania, with these narcotics coming mainly from California and Arizona. In April of 2014, law enforcement seized nearly $260,000 in cash from individuals associated with Ochoa in Munhall, Pa. At that time, law enforcement also recovered an “owe sheet,” indicating that Young had purchased 10 kilograms of cocaine and two kilograms of heroin from his co-conspirators. In May of 2014, law enforcement seized another $660,000 in cash from Ochoa and Young in the Lawrenceville section of Pittsburgh. In the late summer of 2014, law enforcement began wiretap interceptions of telephones utilized by Young and a co-conspirator, and pursuant to those interceptions, law enforcement stopped a tractor trailer, being driven by another two co-conspirators, in Somerset County, Pa., on Nov. 10, 2014. This tractor trailer was carrying 19 kilograms of cocaine destined for Pittsburgh and multiple pallets of food bound for Wal-Mart. Young is presently serving a 10-year prison sentence for his involvement in this case.
Assistant United States Attorneys Eric Rosen, Ryan K. Hart and Cindy K. Chung prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Drug Enforcement Administration, Internal Revenue Service, Federal Bureau of Investigation, Munhall Police Department, Allegheny County District Attorney’s Office, Pennsylvania Attorney General, and the Pittsburgh Bureau of Police for the investigation leading to the successful prosecution of Ochoa.
Matthew P. Brookman selected as United States Magistrate JudgeRead the Press Release
PRESS RELEASE
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
Laura A. Briggs, Clerk
46 East Ohio Street
Room 105
Indianapolis, IN 46204
Matthew P. Brookman selected as United States Magistrate Judge
INDIANAPOLIS, Indiana (September 14, 2015): The Honorable Richard L. Young, Chief Judge of the United States District Court for the Southern District of Indiana, is pleased to announce the selection of Evansville attorney Matthew P. Brookman as United States Magistrate Judge. Mr. Brookman’s appointment will be made upon completion of a Federal Bureau of Investigation background check, a process that can take a few months. Once appointed, he will fill the vacancy created by the impending retirement of The Honorable William G. Hussmann, who has served the court since April 1988 and will retire on January 31, 2016.
The duties of Magistrate Judges in the Southern District of Indiana are demanding and wide-ranging, and Mr. Brookman will conduct preliminary proceedings in criminal cases; preside over trial and disposition of misdemeanor cases; conduct various pretrial matters and evidentiary proceedings on delegation from a district judge; and preside over trial and disposition of civil cases upon consent of the litigants. Mr. Brookman will primarily serve in the Evansville Division of the Southern District and travel to the other divisional offices of the Court to hold proceedings and conduct settlement conferences.
Mr. Brookman is presently employed by the Office of the United States Attorney for the Southern District of Indiana, where he serves as the Chief of the Office’s Drug and Violent Crime Unit and Lead Organized Crime and Drug Enforcement Task Force Attorney. He is also a member of the United States Attorney’s Executive Committee, Capital Case Coordinator for the Southern District of Indiana, and has served as a Chair and a Member from 2011 until 2015 of the United States Attorney’s various Hiring Committees. In 2010, Mr. Brookman received the Director’s Award from United States Attorney General Eric Holder, in Washington, DC, for superior performance as an Assistant United States Attorney, for his work on the United States v. Jarvis Brown, et al. quadruple homicide prosecution.
Mr. Brookman was born in St. Louis, Missouri and graduated with a Bachelor of Arts degree in 1990 from DePauw University, where he majored in economics and history. He also studied abroad at the University of Essex in Colchester, England. He obtained his law degree from the Washington University School of Law in May 1993, and was admitted to the bar in Missouri that same year. He has since been admitted to practice in numerous state and federal courts, including Indiana.
After spending the early part of his career in private practice and with the Office of the Prosecuting Attorney of Jefferson County, Missouri, Mr. Brookman joined the Office of the United States Attorney for the Western District of Missouri in 1999. Mr. Brookman then moved to the Office of the United States Attorney for the Southern District of Indiana in 2002, where he has remained. Additionally, Mr. Brookman is an adjunct professor at the University of Evansville and has also taught at the University of Southern Indiana, the United States Department of Justice National Advocacy Center, and the Southwest Indiana Law Enforcement Academy.
Mr. Brookman and his wife Michele live in Newburgh, Indiana with their three children: Katie, 18, a freshman at Indiana University; Adam, 14, a freshman at Castle High School; and Andrew, 7, a first grader at John H. Castle Elementary School.
Magistrate Judges are appointed by the Judges of the United States District Courts for terms of eight years, and are eligible for reappointment to successive terms.
Manhattan U.S. Attorney Announces Major Law Enforcement Action Taken Against Synthetic Cannabinoid Manufacturers and Distributors, Including Criminal Charges Against Ten Members of an International Trafficking OrganizationRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York; William J. Bratton, Commissioner of the New York Police Department (“NYPD”); James J. Hunt, Special Agent in Charge of the New York Field Division of the Drug Enforcement Administration (“DEA”); Glenn Sorge, Acting Special Agent in Charge Homeland Security Investigations (“HSI”) New York; Robert E. Perez, Director of the New York Field Office of Customs and Border Protection (“CBP”); and Joseph Fucito, Sheriff of the City of New York, announced today the unsealing of an Indictment against ten defendants involved in a massive drug distribution ring involving smokable synthetic cannabinoids (“SSC”). The scheme, which operated in all five boroughs of New York City, allegedly involved the unlawful importation of at least 100 kilograms of illegal synthetic compounds, an amount sufficient to produce approximately 1,300 kilograms of dried SSC product, or approximately 260,000 SSC retail packets. Coordinated with the unsealing of these criminal charges were searches of five processing facilities and warehouses used to process, store, and distribute SSC, as well as inspections of over 80 stores and bodegas around New York City.
Six of the defendants were arrested last night in connection with today’s charges. Those defendants will be presented in Manhattan federal court before U.S. Magistrate Judge Sarah Netburn later this afternoon. MOHAMED ALMATHEEL, HAMID MOSHREF, ABDULLAH DEIBAN, AND FARIS NASSER KASSIM have not yet been arrested.
Manhattan U.S. Attorney Preet Bharara said: “Today, we launch an aggressive assault on a public health crisis that is reaching epidemic proportions: the scourge of dangerous new drugs that are killing people and sending thousands upon thousands to emergency rooms in New York City and around the country. Despite sometimes being called synthetic marijuana, this is not marijuana – it can have unpredictably severe and even lethal effects. What is more, use of these drugs aggravates all manner of other societal ills: it is entering prisons; preying on the homeless; burdening our hospitals and emergency rooms; fueling addiction; exacerbating mental health problems; and increasing risks to cops who must deal with people high on this poison. Synthetic cannabinoids are a deadly serious problem that demands an equally serious response. Today’s collective action is just the start of that response, one that will not end until this poison in a packet no longer endangers our community.”
NYPD Commissioner William Bratton said: “This is a scourge on our society, affecting the most disadvantaged neighborhoods and our most challenged citizens. It affects teenagers in public housing, homeless in the city shelter system, and it’s quite literally flooding our streets. This is marketed as synthetic marijuana, some call it K2. It is sold by the names of Galaxy, Diamond, Rush, and Matrix. But its real name is poison.”
DEA Special Agent in Charge James J. Hunt said: “There is a misconception that synthetic cannabinoids, known on the street as ‘synthetic marijuana,’” ‘K2,’ and ‘spice,’ are safe. Synthetic cannabinoids are anything but safe. They are a toxic cocktail of lethal chemicals created in China and then disguised as plant material here in New York City. Today’s arrests represent law enforcement’s efforts to combat this emerging public threat. By investigating and arresting manufacturers and distributors of ‘spice’ in the city, we have cut off the accessibility for those feeding the beast.”
HSI Acting Special Agent in Charge Glenn Sorge said: “Synthetic marijuana is rapidly becoming a huge problem in our communities. It is cheap and dangerous, especially for our teens and young adults. We are working side by side with our law enforcement partners both here and abroad to combat the sale of this hazardous alternative to marijuana.”
CBP Director Robert Perez said: “Today’s actions are a textbook example of the positive results that come with interagency collaboration among the law enforcement community. The expertise of our CBP Officers, specifically their targeting and analysis capabilities, resulted in a major investigation involving multiple agencies at all levels of government; the arrest of six individuals, and the takedown of a significant drug trafficking organization.”
Sheriff Joseph Fucito said: “The Sheriff’s Office stands ready with our partners in law enforcement in addressing the sudden proliferation of synthetic drugs sales in licensed retail locations throughout New York City. Owners and operators of licensed locations have an obligation to keep illegal and highly dangerous substances out of the hands of our children. The Sheriff’s Office is committed to agency partnerships and enforcement strategies that advance this goal.”
The following allegations are based on the unsealed Indictment, and other documents filed today in Manhattan federal court[1]:
This scheme involves the unlawful importation, manufacture, and distribution of massive quantities of smokable synthetic cannabinoids (“SSC”), containing controlled substances, throughout the New York City area and elsewhere. ABDULLAH DEIBAN, FARIS NASSER KASSIM, MORAD NASSER KASSIM, a/k/a “BK,” NAGEAB SAEED, WALIDE SAEED, MOHOMED SAEED, HAMID MOSHREF, MOHAMED SALEM, MOHAMED ALMATHEEL, and FIKRI NAGI, the defendants, were members of an international organization that trafficked, manufactured, and distributed SSC (the “Organization”).
DEIBAN, FARIS NASSER KASSIM, and MORAD NASSER KASSIM arranged the importation of illegal synthetic compounds in powdered form from China to the United States via commercial delivery services.After the chemical compounds arrived in the United States, DEIBAN, FARIS NASSER KASSIM, and MORAD NASSER KASSIM then arranged for them to be retrieved and transported to a processing facility, where they directed other co-conspirators to mix the illegal synthetic compounds with chemical solvents including acetone and/or flavoring additives and to spray the resulting liquid mixture onto tea leaves. DEIBAN, FARIS NASSER KASSIM, and MORAD NASSER KASSIM also organized and supervised the processing facility located on Light Street in the Bronx, New York, where co-conspirators acting under their direction bundled the resulting dried SSC product into retail packets bearing colorful logos and brand names and arranged for the transfer of bulk quantities of the SSC retail packets to warehouses controlled by wholesale distributors.The SSC retail packets were sold under names such as “AK-47,” “Blue Caution,” “Green Giant,” “Geeked Up,” “Psycho,” “Red Eye,” and “Black Extreme,” each containing between approximately three and six grams of product, and sometimes marked “not for human consumption,” or “potpourri.” The illegal SSC retail packets were sold to individual customers for approximately $5 per packet.
NAGEAB SAEED, WALIDE SAEED, and MOHOMED SAEED were among the Organization’s wholesale distributors.NAGEAB SAEED, WALIDE SAEED, and MOHOMED SAEED were responsible for coordinating the distribution of the retail SSC packets to more than 70 retail locations located within the five boroughs of New York City.NAGEAB SAEED, WALIDE SAEED, and MOHOMED SAEED purchased bulk quantities of retail SSC packets from the Organization’s manufacturers, prepared them for delivery, and organized their distribution to retail sellers by directing the Organization’s transporters.
AMID MOSHREF, MOHAMED SALEM, and MOHAMED ALMATHEEL were among the Organization’s transporters.MOSHREF, SALEM, and ALMATHEEL were responsible for moving bulk quantities of SSC retail packets from warehouses controlled by NAGEAB SAEED, WALIDE SAEED, and MOHOMED SAEED to retail sellers throughout New York City.FIKRI NAGI, the defendant, was one of the Organization’s retail sellers.NAGI ordered large quantities of SSC retail packets from NAGEAB SAEED, WALIDE SAEED, and MOHOMED SAEED for resale at retail locations.
Between September 2014 and September 2015, the Organization imported at least 100 kilograms of illegal synthetic compounds, an amount sufficient to produce approximately 1,300 kilograms of dried SSC product, or approximately 260,000 SSC retail packets.
SSC are widely accessible because they are inexpensive and commonly sold at otherwise legitimate retail locations.The colorful logos used on the SSC retail packets and the flavors used, such as lime, strawberry, and blueberry, make SSC attractive to teenagers and young adults. Physical effects of SSC include agitation, rapid heart rate, confusion, dizziness, nausea and vomiting, paranoia, panic attacks, and acute kidney injury.In addition, SSC products have inconsistent potencies, often containing more than one synthetic compound, and are sometimes laced with other toxic chemicals.In a recent two-month period, use of SSC resulted in 2,300 emergency room visits in New York State.Nationally, calls to poison centers in the United States related to synthetic cannabinoid use between January and May 2015 increased 229% over the same period in 2014.
Charts identifying each defendant, the charges, and the maximum penalties are attached to this release. The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants will be determined by the judge. The case is assigned to U.S. District Judge Thomas Griesa.
U.S. Attorney Preet Bharara thanked the DEA, the NYPD, HSI, CBP, and the Office of the Sheriff of the City of New York for their work in the year-long investigation, which he noted is ongoing. The DEA’s New York Organized Crime Drug Enforcement Strike Force also played an important role in today’s enforcement actions. The Strike Force is comprised of agents and officers of the DEA, NYPD, HSI, the New York State Police, the U. S. Internal Revenue Service Criminal Investigation Division, the Federal Bureau of Investigation, U.S. Secret Service, the U.S. Marshals Service, New York National Guard, the New York Department of Taxation and Finance, the Rockland County Sheriff’s Office, the Clarkstown Police Department, Port Washington Police Department and New York State Department of Corrections and Community Supervision.
The case is being prosecuted by the Office’s Narcotics Unit. Assistant U.S. Attorneys Negar Tekeei, Alexander Rossmiller, Katherine Reilly, and Max Nicholas are in charge of the prosecution. Assistant U.S. Attorney Niketh Velamoor of the Office’s Money Laundering and Asset Forfeiture Unit is responsible for the forfeiture of assets.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty
U.S. v. Deiban, et al.
COUNT
CHARGE
DEFENDANTS
MAXIMUM PENALTIES
1
Conspiracy to Distribute Narcotics (21 U.S.C. § 846)
ABDULLAH DEIBAN,
FARIS NASSER KASSIM,
MORAD NASSER KASSIM
a/k/a “BK,”
NAGEAB SAEED,
WALIDE SAEED,
MOHOMED SAEED,
HAMID MOSHREF,
MOHAMED SALEM,
MOHAMED ALMATHEEL, and FIKRI NAGI
20 years in prison
Defendants’ Ages and Residencies
DEFENDANT
RESIDENCE
AGE
- Murad Nasser Kassim
29
- Nageab Saeed
26
- Walide Saeed
30
- Mohamed Saeed
31
- Mohamed Abdullah Salem
47
- Fikri Yahwa Nagi
31
- Abdullah Deiban
35
- Faris Nasser Kassim
32
- Mohamed Almatheel
Unknown
- Hamid Moshref
Unknown
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Man Who Set Fire to CVS During Baltimore Unrest Pleads Guilty to Federal Crime of RiotingRead the Press Release
Baltimore, Maryland –Raymon Carter, age 24, of Baltimore, Maryland, pleaded guilty today to the federal crime of rioting on April 27, 2015, including the arson of the CVS Pharmacy located at 2509 Pennsylvania Avenue in Baltimore.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge William P. McMullan of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Interim Commissioner Kevin Davis of the Baltimore Police Department; and Maryland State Fire Marshal Brian Geraci.
“The most important aspects of this case are that Raymon Carter will be punished for participating in the riot and that ordinary citizens concerned about their neighborhood helped to catch him,” said U.S. Attorney Rod J. Rosenstein. “Federal law prohibits people from traveling across a state line or using a telephone to participate in a civil disturbance that involves acts of violence, and this case sends a message that we intend to use it. Anyone who considers participating in a riot should know that police, prosecutors and citizens will track them down and send them to prison.”
“Our partnership with the U.S. Attorney’s Office, ATF, and other federal law enforcement agencies will ensure that criminals who harm our community will be held accountable for their actions,” said Baltimore Police Commissioner Kevin Davis
According to his plea agreement, on April 27, 2015, Carter used a telephone to discuss his plans to go to the scene of the riots that erupted across Baltimore following the funeral of Freddie Gray. Carter walked to the area of North and Pennsylvania Avenues, in the vicinity of the CVS Pharmacy located at 2509 Pennsylvania Avenue, where he was captured on video watching the rioting activity around him, including rioters setting small fires.
Looters broke through the main doors of the CVS and began removing merchandise and pharmaceuticals. Surveillance video shows Carter entering the CVS at 5:28 p.m. Carter used an open flame to illuminate the pharmaceuticals on the shelves. At 5:30 p.m. the video shows Carter unsuccessfully attempting first to move, and then to open, the pharmaceutical safe.
Carter is then seen on surveillance video going to and from the southeast corner of the sales floor – which the investigation showed was the area of origin of the fire - three separate times between 6:15 p.m. and 6:19 p.m. Carter admitted that his intent was to start a fire and that he used paper products from that area of the store to set the fire. At 6:19:34 p.m., the third time Carter is seen going to that corner of the store, he moves out of camera view, behind the shelves. Carter’s efforts to light a fire were successful and at 6:19:57 p.m. a flash of light can be seen on the video. After the flash of light, Carter reappears on the surveillance video from behind the shelves and is seen running away from the area toward the CVS exit. Flames in the southeast corner of the store become visible on the surveillance video at 6:22:19 p.m. Fourteen seconds later Carter is seen walking towards the exit while looking back at the fire, and the looters are seen running toward the exit. No other individual is seen on the surveillance video in the area of the fire from the time of the flash of light until Carter exits the store.
The Baltimore Fire Department was called to the CVS at 6:28 p.m. When firefighters arrived at the store, heavy smoke was seen venting from the main entry doors and the roof. The Baltimore Police Department established riot lines in an attempt to control the crowds while the firefighters worked to extinguish the fire.
Carter was subsequently identified by citizens after the ATF released two still photographs from the surveillance videos to the media and announced a $10,000 reward for information leading to the suspect’s identification, arrest and conviction. On June 29, 2015, the ATF released a wanted poster for Carter and received a hotline tip on July 1, 2015 concerning Carter’s location. ATF agents located, and after a foot chase, arrested Carter. At the time of his arrest, Carter had little in his pockets except two black lighters.
The total loss for the building alone as a result of the fire is estimated at $1.1 million. As part of his plea agreement Carter will be required to pay restitution, with the exact amount of restitution to be determined at sentencing.
Carter and the government have agreed that if the Court accepts the plea agreement Carter will be sentenced to four years in prison. U.S. District Judge Ellen L. Hollander has scheduled sentencing for November 17, 2015 at 2:00 p.m.
The federal crime of rioting, governed by Section 2101 and 2102 of Title 18 of the United States Code, applies when a defendant travels across a state line or uses a facility of interstate commerce, including a telephone, to participate in a civil disturbance involving acts of violence.
The investigation into this and other arsons that occurred on April 27, 2015, is continuing. Anyone with information is urged to call the ATF hotline, 1-888-ATF-FIRE (1-888-283-3473). ATF continues to offer a reward of up to $10,000 for information leading to the arrest and conviction of any individual responsible for these incidents.
United States Attorney Rod J. Rosenstein praised the ATF, Baltimore Police Department, and Maryland State Fire Marshal’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney Sandra Wilkinson, who is prosecuting the case.
Man Pleads Guilty to Receipt and Possession of Child PornographyRead the Press Release
ALBANY, NEW YORK – Jeremy Allen, age 41, of Niskayuna, New York, pleaded guilty today to one count of receipt of child pornography and two counts of possession of child pornography, announced United States Attorney Richard S. Hartunian and Andrew W. Vale, Special Agent in Charge of the Albany Division of the Federal Bureau of Investigation.
Allen faces at least 5 years and up to 20 years in prison, as well as a term of supervised release of at least 5 years and up to life. He also faces a maximum fine of $250,000 and mandatory registration as a sex offender. Allen will be sentenced in Albany on January 14, 2016 by United States District Judge Gary L. Sharpe.
As part of his guilty plea, Allen admitted that between November 29, 2013 and July 8, 2014, he knowingly received child pornography and that on July 8, 2014, he possessed child pornography involving prepubescent children and children younger than 12.
This case was investigated by the Federal Bureau of Investigation and the Colonie Police Department, and was prosecuted by Assistant United States Attorney Emily T. Farber and former Special Assistant United States Attorney Amanda W. Cox.
The case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, 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 identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Man Pleads Guilty to Attempting to Entice A MinorRead the Press Release
ALBANY, NEW YORK – David Ahearn, age 53, of Syracuse, New York, pleaded guilty on September 14, 2015 to one count of attempted coercion and enticement of a minor, announced United States Attorney Richard S. Hartunian and Andrew W. Vale, Special Agent in Charge of the Albany Division of the Federal Bureau of Investigation.
Ahearn faces at least 10 years and up to life in prison, as well as a term of supervised release of at least 5 years and up to life. He also faces a maximum fine of $250,000 and mandatory registration as a sex offender. Ahearn will be sentenced in Albany on January 11, 2016 by United States District Judge Thomas J. McAvoy.
As part of his guilty plea, Ahearn admitted that on March 10, 2015, he travelled from Syracuse to a hotel in Albany to meet “Craig” a 43-year-old man he met on Craigslist, and his 14-year-old son “Kyle,” for the purpose of having sex with both of them. “Craig” was actually an undercover Colonie Police Department Officer. During his online communications with “Craig,” Ahearn told “Craig” that he wanted to engage in sexual activity with “Craig” and his 14-year-old son “Kyle.”
This prosecution resulted from an investigation conducted by the Colonie Police Department and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorneys Emily T. Farber and Lisa Fletcher.
The case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, 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 identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Man Indicted for Failing to Register as A Sex OffenderRead the Press Release
ALBANY, NEW YORK – Walter Boutwell, age 56, of Stephentown, New York, was indicted on September 11, 2015 for failing to register as a sex offender after he moved to New York from Pittsfield, Massachusetts without updating his sex offender registration, announced United States Attorney Richard S. Hartunian.
The charge filed against Boutwell carries a maximum sentence of 10 years in prison, a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life.
Boutwell was detained pending trial following a detention hearing held on September 15 before United States Magistrate Judge Christian F. Hummel. His trial is scheduled for November 16, 2015 before United States District Judge Mae A. D’Agostino.
Boutwell was charged with a violation of the Sex Offender Registration and Notification Act (“SORNA”), which requires a convicted sex offender to register where he or she resides, is employed, or is enrolled as a student, and to keep any registration current.
The charges in the indictment are merely accusations. The defendant is presumed innocent until proven guilty.
This case is being investigated by the United States Marshals Service Sex Offender Investigation Branch, North East Region; the United States Marshals New York/New Jersey Regional Fugitive Task Force; the Pittsfield, Massachusetts Police Department; the New York State Police; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the Social Security Administration Office of the Inspector General. The case is being prosecuted by Assistant United States Attorney Solomon B. Shinerock.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, 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 identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Longview, Texas Man Sentenced for Bank RobberyRead the Press Release
TYLER, Texas – A 32-year-old Longview, Texas man has been sentenced to federal prison for robbing a bank in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Christian Drew Ponce pleaded guilty on Apr. 9, 2015 to bank robbery and was sentenced to 105 months in federal prison today by U.S. District Judge Michael H. Schneider. Ponce was also ordered to pay restitution in the amount of $11,620.00.
According to information presented in court, on Aug. 11, 2014, Ponce and three co-defendants devised and executed a scheme to rob the Austin Bank, Bar K Bank, in Longview, Texas. Ponce was indicted by a federal grand jury on Aug. 27, 2014, and charged with bank robbery. Ponce was immediately taken into custody following sentencing by the U.S. Marshals.
This case was investigated by the Federal Bureau of Investigation, the Gregg County Sheriff’s Office and the Longview Police Department and prosecuted by Assistant U.S. Attorney Jim Middleton.
Limestone Man Pleads Guilty to Making False StatementsRead the Press Release
Contact: James M. Moore
Assistant United States Attorney
Tel: (207) 945-0373Bangor, Maine: United States Attorney Thomas E. Delahanty II announced that Mark P. Durinski, 63, of Limestone, Maine, pleaded guilty on Monday in U.S. District Court to making false statements and entries in annual reports filed with the U.S. Department of Labor.
Court records reveal that Durinski was employed by the Defense Finance Accounting Service (“DFAS”) in Limestone and was also the president of the local union that represented DFAS employees. In his capacity as local president, he signed and certified as true annual Labor Department reports that failed to disclose that he received over $50,000 from the local to reimburse him for travel and other expenditures for which he was also reimbursed by U.S. Department of Defense or another source.
Durinski faces up to five years in prison and a $250,000 fine on each charge. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by the U.S. Department of Labor, Office of Labor-Management Standards.
Law Enforcement Arrests 30 of 33 Defendants Charged in Madison-Morgan County Cocaine ConspiracyRead the Press Release
HUNTSVILLE -- Federal and local law enforcement today arrested 30 of 33 defendants indicted in August as part of a long-running conspiracy to distribute cocaine in north Alabama. U.S. Attorney Joyce White Vance, FBI Special Agent in Charge Roger C. Stanton, Huntsville Police Chief Mark McMurray, and Decatur Police Chief Ed Taylor announced the charges and arrests.
Most of the defendants live in the Huntsville-Decatur area and are charged with conspiring to distribute and to possess with intent to distribute cocaine from January 2013 to March 2015 in Morgan and Madison counties. The 33-count indictment also includes 26 counts of using a telephone to facilitate the drug conspiracy. All 26 telephone counts cite MARCUS MONDEZ “Bubba” LAMPKIN, 42, of Decatur, in individual calls with 26 of the other defendants.
As part of the investigation, law enforcement earlier seized $468,250 cash, more than 38 kilograms of cocaine and three firearms. In the course of today's arrests, four more handguns and one rifle were seized.
"This investigation successfully took down a major cocaine-trafficking organization operating in northern Alabama," Vance said. "This is another prime example of how federal, state and local law enforcement, working together, are able to successfully dismantle narcotics smuggling organizations and reduce the availability of illegal drugs on the streets," she said.
"The arrests today, and the volume of drugs seized highlight the potentially devastating impact this criminal enterprise had on Madison-Morgan County and the surrounding area," Stanton said. "I particularly want to thank the Decatur Police Department and the Madison-Morgan County HIDTA Task Force (STAC) for their outstanding work in bringing this case to fruition. The public should rest assured knowing that the FBI and our partners will continue to root out these kinds of significant criminal enterprises."
“Numerous officers and agents have devoted countless hours to this investigation, and the arrests made and drugs seized are evidence of their hard work and dedication,” said Huntsville’s Chief McMurray. “The Huntsville Police Department is proud of the relationship we share with our neighboring agencies, as well as those at the state and federal level. Without these relationships, today’s success would not have been possible. I particularly want to thank the members of the HIDTA Task Force (STAC) for the outstanding job they do on a daily basis serving our community in the fight against drugs.”
"These arrests and drug seizures represent a significant impact on drug trafficking in our community and the surrounding area," said Decatur's Chief Taylor. "We are very pleased at the success of this operation that highlighted the partnership of several area agencies, the Madison-Morgan County HIDTA Task Force, the Decatur Police Department and the FBI, working together to combat a significant drug-dealing enterprise," he said. "This successful operation represents hundreds of hours of dedicated work by many law enforcement officers, all of whom should be commended for making our community a better place to live and work."
Indicted in the conspiracy along with MARCUS LAMPKIN are: MICHAEL GREGORY “Udo" SMITH, 31, XAVIER RASHAAD “June” JOYNER, 32, JERMAINE “Main Main” CUNNINGHAM, 37, LAMOND FREDRICK “Lemon” BOYKIN, 39, CLIFFORD ORR, 63, EMEKA KENNGE FOSTER, 38, ANDRE LASALLE “Put” CATER, 43, BRANDON DEWAYNE FENNELL, 33, JAMES EARL “Little James” MITCHELL, 21, RODERICK CORNELIUS “Rara” CUNNINGHAM, 33, VALERIE ANNETTE LYNCH, 27, MARCUS DWAYNE “Butch” TRAMMELL, 45, ALMON JARIE “Beetle” LAMPKIN, 33, FREDERICK ELI “Poochie” BROWN JR., 35, NATASHA MARIE LAMPKIN, 35, LATONYA ROSHELLE “Punkin” ELLIOTT, 27, RASHOD MARTEL “Rara,” LAMPKIN, 23, and LEON TREMAYNE “Ears TEAGUE, 39, all of Decatur, ANTHONY DAWSON “Billy D” McCOMB II, 32, SUN RAJON WOODS, 21, QUINDARRIUS UNTARRIO “OG” McCANTS, 26, DANIEL LEON WORSLEY, 30, DARION DEONTE “Red” McCLENDON, 27, DEMARCUS ANTWAN TONEY, 31, DAVID EARL HARDIN, 45, MARSHALL “Tweetie” HUGHES JR., 42, and JAMES CORTEZ “Punkin” TIMMONS, 26, all of Huntsville, HARVEY JABOR “Jabar” FREEMAN, 43, of Madison, THOMAS ANTHONY STRONG, 22, of Athens, DARIK ONEAL SHARPLEY, 36, of Hillsboro, FELITA VAUGHN, 38, of Florence, and GARY WAYNE ADAMS, 46, of Baton Rouge, La.
The four Lampkins are related. Marcus Lampkin is Natasha Lampkin's uncle. Almon Lampkin and Rashod Lampkin are brothers, and also cousins of Natasha Lampkin.
In an early morning roundup today, FBI agents and members of the Madison-Morgan County High Intensity Drug Trafficking Area Task Force, known as STAC, spread out across north Alabama and arrested all but three of the defendants. Authorities still are seeking Joyner, Sharpley and Hardin.
The indictment separates defendants by the amount of cocaine attributable to them in the conspiracy to distribute the illegal drug.
Marcus Lampkin, Smith, McComb, Woods and Adams are charged with conspiracy to distribute five kilograms or more of cocaine.
McCants, Joyner, Jermaine Cunningham, Boykin, Orr, Worsley, McClendon, Foster, Cater, Fennell, Toney, Sharpley, Mitchell and Roderick Cunningham are charged with conspiring to distribute 500 grams or more of cocaine. Defendants Lynch, Hardin, Trammell, Strong, Hughes, Timmons, Almon Lampkin, Brown, Natasha Lampkin, Elliott, Freeman, Rashod Lampkin, Vaughn and Teague are charged with conspiracy to distribute "an amount of a mixture and substance containing a detectable amount of cocaine hydrochloride."
Along with the 26 counts of using a telephone during a drug crime, the indictment also charges Boykin with one count of distributing crack cocaine in Morgan County, charges McCants with one count of possessing with intent to distribute cocaine in Madison County and charges McComb with using a firearm during a drug-trafficking offense in Morgan and Madison counties. The indictment charges Toney with one count each of possessing with intent to distribute crack cocaine, using a firearm in furtherance of a drug-trafficking crime and being a felon in possession of a firearm.
In a related case indicted in March, four Mexican nationals have pleaded guilty to participating in a conspiracy to distribute more than five kilograms of cocaine in Morgan and Shelby counties between March 2013 and March 2015. The four men are scheduled for sentencing Sept. 29. They are Eric Guadarama “Migo," Rubi, 25, his brother, Luis David Guadarama Rubi, 19, Jorge Gante, 36, and Carlos Juarez Flores, 24.
Maximum penalties for the crimes charged in the indictment unsealed today are as follows:
-
Conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine, 10 years to life in prison and a $10 million fine;
-
Conspiracy to
-
Conspiracy to distribute and possession with intent to distribute cocaine, 20 years in prison and a $1 million fine;
-
Using a telephone during or to facilitate a drug-traffickingcrime, four years in prison and a $250,000 fine;
-
Distributing crack cocaine and possession with intent to distribute cocaine, 20 years in prison and a $1 million fine;
-
Using a gun in furtherance of a drug-trafficking crime, a minimum of five years in prison and a $250,000 fine;
-
Possession with intent to distribute 28 grams or more of crack cocaine, five to 40 years in prison and a $5 million fine;
-
Convicted felon in possession of a firearm, 10 years in prison and a $250,000 fine.
The FBI, in conjunction with Huntsville, Decatur and Pelham police departments, Madison and Morgan County sheriff's offices, Madison County District Attorney's Office, federal Drug Enforcement Administration, and Alabama Law Enforcement Agency, investigated the case, which Assistant U.S. Attorneys Mary Stuart Burrell and Davis Barlow are prosecuting.
An indictment contains charges. Defendants are presumed innocent unless and until proven guilty.
-
Las Cruces Man Sentenced to Ten Years for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Joshua Almaguer, 33, of Las Cruces, N.M., was sentenced this afternoon in Las Cruces federal court to 120 months in prison followed by three years of supervised release for his methamphetamine trafficking conviction.
Almaguer is one of three residents of Las Cruces who were charged in a four-count indictment that was filed in June 2014. Almaguer and co-defendant David Enriquez, 27, were arrested in Aug. 2014; their co-defendant Renelle Serna, 25, previously had been arrested in July 2014. The indictment charged the trio with trafficking methamphetamine in Doña Ana County, N.M., in May 2014.
On June 3, 2015, Almaguer pled guilty to two counts of distributing methamphetamine in May 2014, under a plea agreement with the U.S. Attorney’s Office. In entering his guilty plea, Almaguer admitted that he and his co-defendants distributed approximately 42 grams of methamphetamine to an undercover agent on May 20, 2014.
Serna pled guilty on Jan. 6, 2014, to a felony information charging her with two counts of distributing methamphetamine and two counts of possession of more than 50 grams of methamphetamine with intent to distribute. In entering her guilty plea, Serna admitted that she and her co-defendants distributed methamphetamine to an undercover agent on two occasions on May 20, 0214. The first distribution involved 14 grams of methamphetamine and the second involved 28 grams. Serna also admitted that she possessed 146 grams of methamphetamine on May 23, 2014, and 134.6 grams of methamphetamine on July 25, 2014, with the intention of distributing the drugs to others. Serna was sentenced on June 25, 2015, to 37 months in prison followed by three years of supervised release.
On Feb. 4, 2015, Enriquez pled guilty to Counts 1 and 2 of the indictment charging him with distributing methamphetamine on two occasions in May 2014. In entering his guilty plea, Enriquez admitted distributing a gram of methamphetamine to an undercover agent on May 9, 2014. Enriquez also admitted that he and his co-defendants distributed 14 grams of methamphetamine to an undercover agent on May 20, 2014. Enriquez was sentenced on June 23, 2015, to 30 months in prison followed by three years of supervised release.
This case was investigated by the Las Cruces office of the FBI and the HIDTA Regional Interagency Drug Task Force (RIDTF)/Metro Narcotics Task Force. The case was prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
The HIDTA Regional Interagency Drug Task Force/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.
KYB Agrees to Plead Guilty and Pay $62 Million Criminal Fine for Fixing Price of Shock AbsorbersRead the Press Release
Kayaba Industry Co. Ltd., dba KYB Corporation (KYB) has agreed to plead guilty and to pay a $62 million criminal fine for its role in a conspiracy to fix the price of shock absorbers installed in cars and motorcycles sold to U.S. consumers.
According to charges filed today, KYB conspired from the mid-1990s until 2012 to fix the prices of shock absorbers sold to Fuji Heavy Industries Ltd. (manufacturer of Subaru vehicles), Honda Motor Co. Ltd., Kawasaki Heavy Industries Ltd., Nissan Motor Company Ltd., Suzuki Motor Corporation and Toyota Motor Company, including their subsidiaries in the United States.
“KYB turned the competitive process on its head by agreeing with its competitors to fix the prices of shock absorbers installed in cars and motorcycles sold in the U.S.,” said Assistant Attorney General Bill Baer of the Justice Department’s Antitrust Division. “Working with the FBI and our other law enforcement partners, the Antitrust Division will continue to protect American car buyers and hold automotive part suppliers accountable for their illegal conduct.”
“Any collusive agreement among competitors to restrict price competition undercuts our free enterprise system and violates the law,” said U.S. Attorney Carter M. Stewart of the Southern District of Ohio. “We will continue to work to prosecute these fraudulent arrangements in order to protect consumers’ right to free and open competition, particularly in the auto parts industry.”
“Fixing prices and rigging bids is against the law and ultimately harms consumers by artificially inflating prices and creating a corrupt marketplace,” said Special Agent in Charge Angela L. Byers of the FBI’s Cincinnati Division. “The FBI and our partners will continue to investigate anticompetitive practices and promote fair competition.”
According to the information filed in the U.S. District Court of the Southern District of Ohio, KYB, based in Tokyo, and its two co-conspirators agreed to allocate the supply of shock absorbers sold and determine the price submitted to the targeted vehicle manufacturers. To keep prices up, KYB and its co-conspirators also agreed to coordinate on price adjustments requested by the vehicle manufacturers and strived to keep their conduct secret.
Today’s charge is the result of an ongoing federal antitrust investigation into price fixing, bid rigging and other anticompetitive conduct in the automotive parts industry, which is being conducted by the Antitrust Division’s criminal enforcement sections and the FBI. KYB has agreed to cooperate with the department’s ongoing investigation and the plea agreement is subject to court approval. Including KYB, 37 companies and 55 executives have been charged in the division’s ongoing investigation and have agreed to pay a total of more than $2.6 billion in criminal fines. KYB is being prosecuted by the Antitrust Division’s Chicago Office and the FBI’s Cincinnati Field Office, with assistance from the U.S. Attorney’s Office of the Southern District of Ohio. Anyone with information on market allocation, price fixing, bid rigging and other anticompetitive conduct related to other products in the automotive parts industry should contact the Antitrust Division’s Citizen Complaint Center at 1-888-647-3258, visit www.justice.gov/atr/contact/newcase.html or call the FBI’s Cincinnati Field Office at 513-421-4310.
KYB Agrees to Plead Guilty and Pay $62 Million Criminal Fine for Fixing Price of Shock AbsorbersRead the Press Release
WASHINGTON – Kayaba Industry Co. Ltd., dba KYB Corporation (KYB) has agreed to plead guilty and to pay a $62 million criminal fine for its role in a conspiracy to fix the price of shock absorbers installed in cars and motorcycles sold to U.S. consumers.
According to charges filed today, KYB conspired from the mid-1990s until 2012 to fix the prices of shock absorbers sold to Fuji Heavy Industries Ltd. (manufacturer of Subaru vehicles), Honda Motor Co. Ltd., Kawasaki Heavy Industries Ltd., Nissan Motor Company Ltd., Suzuki Motor Corporation and Toyota Motor Company, including their subsidiaries in the United States.
“KYB turned the competitive process on its head by agreeing with its competitors to fix the prices of shock absorbers installed in cars and motorcycles sold in the U.S.,” said Assistant Attorney General Bill Baer of the Justice Department’s Antitrust Division. “Working with the FBI and our other law enforcement partners, the Antitrust Division will continue to protect American car buyers and hold automotive part suppliers accountable for their illegal conduct.”
“Any collusive agreement among competitors to restrict price competition undercuts our free enterprise system and violates the law,” said U.S. Attorney Carter M. Stewart of the Southern District of Ohio. “We will continue to work to prosecute these fraudulent arrangements in order to protect consumers’ right to free and open competition, particularly in the auto parts industry.”
“Fixing prices and rigging bids is against the law and ultimately harms consumers by artificially inflating prices and creating a corrupt marketplace,” said Special Agent in Charge Angela L. Byers of the FBI’s Cincinnati Division. “The FBI and our partners will continue to investigate anticompetitive practices and promote fair competition.”
According to the information filed in the U.S. District Court of the Southern District of Ohio, KYB, based in Tokyo, and its two co-conspirators agreed to allocate the supply of shock absorbers sold and determine the price submitted to the targeted vehicle manufacturers. To keep prices up, KYB and its co-conspirators also agreed to coordinate on price adjustments requested by the vehicle manufacturers and strived to keep their conduct secret.
Today’s charge is the result of an ongoing federal antitrust investigation into price fixing, bid rigging and other anticompetitive conduct in the automotive parts industry, which is being conducted by the Antitrust Division’s criminal enforcement sections and the FBI. KYB has agreed to cooperate with the department’s ongoing investigation and the plea agreement is subject to court approval. Including KYB, 37 companies and 55 executives have been charged in the division’s ongoing investigation and have agreed to pay a total of more than $2.6 billion in criminal fines. KYB is being prosecuted by the Antitrust Division’s Chicago Office and the FBI’s Cincinnati Field Office, with assistance from the U.S. Attorney’s Office of the Southern District of Ohio. Anyone with information on market allocation, price fixing, bid rigging and other anticompetitive conduct related to other products in the automotive parts industry should contact the Antitrust Division’s Citizen Complaint Center at 1-888-647-3258, visit www.justice.gov/atr/contact/newcase.html or call the FBI’s Cincinnati Field Office at 513-421-4310.
Justice Department Will Not Challenge Expedia's Acquisition of OrbitzRead the Press Release
Assistant Attorney General Bill Baer of the Justice Department’s Antitrust Division released the following statement today on the division’s decision to close its investigation into Expedia’s $1.3 billion acquisition of Orbitz:
“We know online travel booking is important to U.S. consumers and to the airlines, car rental companies and hotels that serve those consumers. Over the course of a six-month investigation, lawyers and economists from the Antitrust Division reviewed tens of thousands of business documents, analyzed transactional data from the merging companies and from other industry players and interviewed over 60 industry participants of various types and sizes.
“The Antitrust Division investigated the concerns that have been expressed about this transaction. We took those concerns seriously and factored into our analysis all of the information provided by third parties. At the end of this process, however, we concluded that the acquisition is unlikely to harm competition and consumers.
“There are several reasons for this conclusion. First, we uncovered no evidence in our investigation that the merger is likely to result in new charges being imposed directly on consumers for using Expedia or Orbitz. So we focused our investigation on the commissions Expedia and Orbitz negotiate with airlines, car rental companies and hotels.
“Second, we found that Orbitz is only a small source of bookings for most of these companies and thus has had no impact in recent years on the commissions Expedia charges. Many independent hotel operators, for example, do not contract with Orbitz, and those hotels that do often obtain very few bookings from its site. In addition, beyond Expedia and Orbitz, travel service providers have alternative ways to attract customers and obtain bookings, including Expedia’s largest online travel agent rival, Priceline.
“Third, the evidence suggests that the online travel business is rapidly evolving. In the past 18 months, for example, the industry has seen the introduction of TripAdvisor’s Instant Booking service and Google’s Hotel and Flight Finder with related booking functionality.
“Looking at the facts and applying our Horizontal Merger Guidelines, we concluded that Expedia’s acquisition of Orbitz is not likely to substantially lessen competition or harm U.S. consumers.”
Justice Department Awards over $97 Million to Improve Public Safety and Victim Services for American Indians and Alaska NativesRead the Press Release
The Department of Justice today announced 206 awards, totaling more than $97 million, to American Indian tribes, Alaska Native villages, tribal consortia and tribal designees. The announcement was made at the 2015 Tribal Leader Briefing, sponsored by the National Congress of American Indians and included Tribal leaders, Members of Congress and Administration officials.
“For the past five years, the CTAS program has helped tribes develop their own comprehensive approaches to making their communities safer and healthier,” said Acting Associate Attorney General Stuart F. Delery. “CTAS grants have funded hundreds of programs to better serve crime victims, promote community policing and strengthen justice systems. This year’s awards also support efforts to reduce domestic and dating violence and promote wellness and healing for tribal youth, among many other programs.”
The awards are made through the department’s Coordinated Tribal Assistance Solicitation (CTAS), a single application for tribal-specific grant programs. The department developed CTAS through its Office of Community Oriented Policing Services, Office of Justice Programs and Office on Violence Against Women and administered the first round of consolidated grants in September 2010.
Since then, more than 1,400 grants totaling more than $620 million have been provided to enhance law enforcement practices, victim services and sustain crime prevention and intervention efforts in nine purpose areas; public safety and community policing; justice systems planning: alcohol and substance abuse; corrections and correctional alternatives; children’s justice act partnerships; services for victims of crime; violence against women; juvenile justice; and tribal youth programs.
American Indians and Alaska Natives experience disproportionate rates of violence and victimization and often encounter significant obstacles to identifying and accessing culturally relevant services. CTAS funding helps tribes to develop and strengthen tribal justice systems’ response to crime, while significantly increasing programs and services available to them.
A listing of today’s awards is available at http://www.justice.gov/tribal/file/771691/download. A fact sheet on CTAS is available at /media/791821/dl?inline.
Today’s announcement is part of the Justice Department’s ongoing initiative to increase engagement, coordination and action on public safety in American Indian and Alaska Native communities.
Justice Department Awards over $97 Million to Improve Public Safety and Victim Services for American Indians and Alaska NativesRead the Press Release
ALBUQUERQUE – The Department of Justice today announced 206 awards, totaling more than $97 million, to American Indian tribes, Alaska Native villages, tribal consortia and tribal designees. The announcement was made in Washington, D.C., at the 2015 Tribal Leader Briefing, sponsored by the National Congress of American Indians, and included Tribal leaders, Members of Congress and Administration officials.
The following eight tribes in New Mexico received grant awards totaling $8,053,088.00:
- The Pueblo of Kewa received a $449,805.00 award from the Violence Against Women Tribal Program of the Office on Violence Against Women (OVW).
- The Pueblo of Acoma received two awards totaling $1,167,655.00; one from the Public Safety and Community Policing Program of the Office of Community Oriented Policing Services (COPS), and the second from Justice Systems and Alcohol and Substance Abuse Program of the Bureau of Justice Assistance (BJA).
- The Pueblo of Isleta received a $402,704.00 award from the Comprehensive Tribal Victim Assistance Program of the Office of Victims of Crime (OVC).
- The Pueblo of Jemez received five awards totaling $2,667,177.00 from: (1) COPS’ Public Safety and Community Policing Program; (2) BJA’s Justice Systems and Alcohol and Substance Abuse Program; (3) OVW’s Violence Against Women’s Tribal Program; (4) OVC’s Children’s Justice Act Partnerships for Indian Communities; and (5) the Office of Juvenile Justice and Delinquency Prevention’s Juvenile Healing to Wellness Courts Program.
- The Pueblo of Nambe received a $440,775.00 award from OVW’s Violence Against Women’s Tribal Program.
- The Pueblo of Pojoaque received a $375,735.00 award from OVW’s Violence Against Women’s Tribal Program.
- The Pueblo of Sandia received two awards totaling $1,649,337.00; one from COPS’ Public Safety and Community Policing Program, and the second from BJA’s Justice Systems and Alcohol and Substance Abuse Program.
- The Pueblo of Zuni received a $900,000.00 award from OVW’s Violence Against Women’s Tribal Program.
“This money will help tribal leaders in New Mexico make their communities safer places for families to live. With these resources, our tribal communities can develop comprehensive services for victims of crime, address violence against Native American women and children, and tackle other public safety priorities,” said U.S. Attorney Damon P. Martinez. “The U.S. Attorney’s Office congratulates the tribes receiving these public safety grant awards, and reiterates its commitment to working with all tribes in New Mexico to enhance public safety in their communities.”
“For the past five years, the CTAS program has helped tribes develop their own comprehensive approaches to making their communities safer and healthier,” said Acting Associate Attorney General Stuart F. Delery. “CTAS grants have funded hundreds of programs to better serve crime victims, promote community policing, and strengthen justice systems. This year’s awards also support efforts to reduce domestic and dating violence, and promote wellness and healing for tribal youth, among many other programs.”
The awards are made through the Justice Department’s Coordinated Tribal Assistance Solicitation (CTAS), a single application for tribal-specific grant programs. The Department developed CTAS through COPS and OVW, and administered the first round of consolidated grants in September 2010.
Since then, more than 1,400 grants totaling more than $620 million have been provided to enhance law enforcement practices, victim services, and sustain crime prevention and intervention efforts in nine purpose areas; public safety and community policing; justice systems planning: alcohol and substance abuse; corrections and correctional alternatives; children’s justice act partnerships; services for victims of crime; violence against women; juvenile justice; and tribal youth programs.
American Indians and Alaska Natives experience disproportionate rates of violence and victimization and often encounter significant obstacles to identifying and accessing culturally relevant services. CTAS funding helps tribes to develop and strengthen tribal justice systems’ response to crime, while significantly increasing programs and services available to them.
A listing of today’s awards is available at www.justice.gov/tribal/.
Today’s announcement is part of the Justice Department’s ongoing initiative to increase engagement, coordination and action on public safety in American Indian and Alaska Native communities.
Justice Department Awards over $97 Million to Improve Public Safety and Victim Services for American Indians and Alaska NativesRead the Press Release
Washington DC. – The Department of Justice today announced 206 awards, totaling more than $97 million, to American Indian tribes, Alaska Native villages, tribal consortia and tribal designees. The announcement was made at the 2015 Tribal Leader Briefing, sponsored by the National Congress of American Indians, and included Tribal leaders, Members of Congress and Administration officials.
In Oklahoma, thirteen different tribes received a combined total of $12,554,801 in awards (see attached list).
The awards are made through the Department’s Coordinated Tribal Assistance Solicitation (CTAS), a single application for tribal-specific grant programs. The Department developed CTAS through its Office of Community Oriented Policing Services, Office of Justice Programs and Office on Violence Against Women, and administered the first round of consolidated grants in September 2010.
"These awards will greatly assist tribes in Oklahoma in their efforts to combat crime, strengthen community policing, serve victims of crime and protect their communities," said U.S. Attorney Sanford C. Coats. "We look forward to our continuing work with Oklahoma tribes to improve public safety and victim services for all tribal members."
"For the past five years, the CTAS program has helped tribes develop their own comprehensive approaches to making their communities safer and healthier," said Acting Associate Attorney General Stuart F. Delery. "CTAS grants have funded hundreds of programs to better serve crime victims, promote community policing, and strengthen justice systems. This year’s awards also support efforts to reduce domestic and dating violence, and promote wellness and healing for tribal youth, among many other programs."
The awards are made through the Department’s Coordinated Tribal Assistance Solicitation (CTAS), a single application for tribal-specific grant programs. The Department developed CTAS through its Office of Community Oriented Policing Services, Office of Justice Programs and Office on Violence Against Women, and administered the first round of consolidated grants in September 2010.
Since then, more than 1,400 grants totaling more than $620 million have been provided to enhance law enforcement practices, victim services, and sustain crime prevention and intervention efforts in nine purpose areas; public safety and community policing; justice systems planning: alcohol and substance abuse; corrections and correctional alternatives; children’s justice act partnerships; services for victims of crime; violence against women; juvenile justice; and tribal youth programs.
American Indians and Alaska Natives experience disproportionate rates of violence and victimization and often encounter significant obstacles to identifying and accessing culturally relevant services. CTAS funding helps tribes to develop and strengthen tribal justice systems’ response to crime, while significantly increasing programs and services available to them.
A complete listing of today’s awards is available at www.justice.gov/tribal/.
Today’s announcement is part of the Justice Department’s ongoing initiative to increase engagement, coordination and action on public safety in American Indian and Alaska Native communities.
ATTACHMENT:
2015 Department of Justice Awards to Oklahoma Tribes
Absentee Shawnee Tribe of Oklahoma – $974,995
- Comprehensive Tribal Justice Systems Strategic Planning (BJA) - $74,995
- Violence Against Women Tribal Governments Program (OVW) - $900,000
Cherokee Nation - $936,872
- Public Safety and Community Policing (COPS)
Cheyenne and Arapaho Tribes - $852,590
- Violence Against Women Tribal Governments Program (OVW)
Choctaw Nation of Oklahoma – $664,709
- Public Safety and Community Policing (COPS)
Comanche Nation - $900,000
- Violence Against Women Tribal Governments Program (OVW)
Eastern Shawnee Tribe of Oklahoma – $784,000
- Violence Against Women Tribal Governments Program (OVW)
Iowa Tribe of Oklahoma - $449,948
- Comprehensive Tribal Victim Assistance Program (OVC)
Kaw Nation – Total $1,084,265
- Public Safety and Community Policing (COPS) $281,460
- Children’s Justice Act Partnerships for Indian Communities (OVC) $450,000
- Tribal Youth Program (OJJDP) $352,805
Muscogee (Creek) Nation - $1,634,412
- Public Safety and Community Policing (COPS) $894,468
- Justice Systems and Alcohol and Substance Abuse (BJA) $739,944
Osage Nation of Oklahoma - $877,882
- Violence Against Women Tribal Governments Program (OVW)
Quapaw Tribe of Oklahoma - $962,752
- Public Safety and Community Policing (COPS) $513,332
- Violence Against Women Tribal Governments Program (OVW) $449,420
The Chickasaw Nation - $1,898,685
- Public Safety and Community Policing (COPS) $1,000,000
- Violence Against Women Tribal Governments Program (OVW) $898,685
Wyandotte Nation - $533,691
- Public Safety and Community Policing (COPS) $299,746
- Violence Against Women Tribal Governments Program (OVW) $233,945
Justice Department Awards over $97 Million to Improve Public Safety and Victim Services for American Indians and Alaska NativesRead the Press Release
Contact Person: Carrie Fisher (864) 282-2100
WASHINGTON, D.C. – The Department of Justice today announced 206 awards, totaling more than $97 million, to American Indian tribes, Alaska Native villages, tribal consortia and tribal designees. The announcement was made at the 2015 Tribal Leader Briefing, sponsored by the National Congress of American Indians, and included Tribal leaders, Members of Congress and Administration officials.
The Catawba Nation received a grant totaling $422,393 for its tribal victim assistance program. The Comprehensive Tribal Victim Assistance Program was created to support tribal nations’ efforts to develop or enhance and sustain a comprehensive victim assistance program that provides a coordinated multidisciplinary response to victims of crimes, their families, and communities and provides trauma-informed, culturally competent holistic services to the victims, their families, and communities.
The awards are made through the Department’s Coordinated Tribal Assistance Solicitation (CTAS), a single application for tribal-specific grant programs. The Department developed CTAS through its Office of Community Oriented Policing Services, Office of Justice Programs and Office on Violence Against Women, and administered the first round of consolidated grants in September 2010.
“This grant will assist the Catawba Nation in strengthening its commitment and support of tribal victims and held provide for a safer and stronger Catawba Nation,” said U.S. Attorney William N. Nettles.
“For the past five years, the CTAS program has helped tribes develop their own comprehensive approaches to making their communities safer and healthier,” said Acting Associate Attorney General Stuart F. Delery. “CTAS grants have funded hundreds of programs to better serve crime victims, promote community policing, and strengthen justice systems. This year’s awards also support efforts to reduce domestic and dating violence, and promote wellness and healing for tribal youth, among many other programs.”
The awards are made through the Department’s Coordinated Tribal Assistance Solicitation (CTAS), a single application for tribal-specific grant programs. The Department developed CTAS through its Office of Community Oriented Policing Services, Office of Justice Programs and Office on Violence Against Women, and administered the first round of consolidated grants in September 2010.
Since then, more than 1,400 grants totaling more than $620 million have been provided to enhance law enforcement practices, victim services, and sustain crime prevention and intervention efforts in nine purpose areas; public safety and community policing; justice systems planning: alcohol and substance abuse; corrections and correctional alternatives; children’s justice act partnerships; services for victims of crime; violence against women; juvenile justice; and tribal youth programs.
American Indians and Alaska Natives experience disproportionate rates of violence and victimization and often encounter significant obstacles to identifying and accessing culturally relevant services. CTAS funding helps tribes to develop and strengthen tribal justice systems’ response to crime, while significantly increasing programs and services available to them.
A listing of today’s awards is available at www.justice.gov/tribal/.
Today’s announcement is part of the Justice Department’s ongoing initiative to increase engagement, coordination and action on public safety in American Indian and Alaska Native communities.
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Justice Department Awards over $97 Million to Improve Public Safety and Victim Services for American Indian Communities and Alaska Native VillagesRead the Press Release
WASHINGTON, DC. – The Department of Justice today announced 206 awards, totaling more than $97 million, to American Indian tribes, Alaska Native villages, tribal consortia and tribal designees. The announcement was made at the 2015 Tribal Leader Briefing, sponsored by the National Congress of American Indians, and included Tribal leaders, Members of Congress and Administration officials.
Eight Tribes in the Western District of Washington successfully competed for the grant funding. These grants include: Makah Tribe - $883,800; Nooksack Tribe - $449,658; Port Gamble S’Klallam - $523,413; Puyallup Tribe - $232,476; Quileute Tribe - $377,666; Skokomish Tribe - $291,941; Squaxin Island Tribe - $940,427; and the Suquamish Tribe $1,522,365.
The awards are made through the Department’s Coordinated Tribal Assistance Solicitation (CTAS), a single application for tribal-specific grant programs. The Department developed CTAS through its Office of Community Oriented Policing Services, Office of Justice Programs and Office on Violence Against Women, and administered the first round of consolidated grants in September 2010.
“This $5.2 million in grant funding will help make our Tribal communities safer by providing training and equipment to police, support services to victims of crime -- including those affected by domestic violence -- and funding for substance abuse treatment programs,” said U.S. Attorney Annette L Hayes. “I commend the Tribal leaders who identified these needs in their communities and successfully competed for these funds.”
“For the past five years, the CTAS program has helped tribes develop their own comprehensive approaches to making their communities safer and healthier,” said Acting Associate Attorney General Stuart F. Delery. “CTAS grants have funded hundreds of programs to better serve crime victims, promote community policing, and strengthen justice systems. This year’s awards also support efforts to reduce domestic and dating violence, and promote wellness and healing for tribal youth, among many other programs.”
The awards are made through the Department’s Coordinated Tribal Assistance Solicitation (CTAS), a single application for tribal-specific grant programs. The Department developed CTAS through its Office of Community Oriented Policing Services, Office of Justice Programs and Office on Violence Against Women, and administered the first round of consolidated grants in September 2010.
Since then, more than 1,400 grants totaling more than $620 million have been provided to enhance law enforcement practices, victim services, and sustain crime prevention and intervention efforts in nine purpose areas; public safety and community policing; justice systems planning: alcohol and substance abuse; corrections and correctional alternatives; children’s justice act partnerships; services for victims of crime; violence against women; juvenile justice; and tribal youth programs.
American Indian communities and Alaska Native villages experience disproportionate rates of violence and victimization and often encounter significant obstacles to identifying and accessing culturally relevant services. CTAS funding helps tribes to develop and strengthen tribal justice systems’ response to crime, while significantly increasing programs and services available to them.
A listing of today’s awards is available at www.justice.gov/tribal/.
Today’s announcement is part of the Justice Department’s ongoing initiative to increase engagement, coordination and action on public safety in American Indian and Alaska Native communities.
Justice Department Awards over $97 Million to Improve Public Safety and Victim Services for American Indians and Alaska NativesRead the Press Release
TULSA, Okla. – The Department of Justice today announced 206 awards, totaling more than $97 million, to American Indian tribes, Alaska Native villages, tribal consortia and tribal designees. The announcement was made at the 2015 Tribal Leader Briefing, sponsored by the National Congress of American Indians, and included Tribal leaders, Members of Congress and Administration officials.
The grant recipients from the Northern District of Oklahoma include:
- Cherokee Nation, Public Safety and Community Policing (COPS), $936,872
- Eastern Shawnee Tribe of Oklahoma, Violence Against Women Tribal Governments Program (OVW), $784,000
- Muscogee (Creek) Nation, Public Safety and Community Policing (COPS), $894,468
- Muscogee (Creek) Nation, Justice Systems and Alcohol and Substance Abuse (BJA), $739,944
- Osage Nation of Oklahoma, Violence Against Women Tribal Governments Program (OVW), $877,882
- Quapaw Tribe of Oklahoma, Public Safety and Community Policing (COPS), $513,332
- Quapaw Tribe of Oklahoma, Violence Against Women Tribal Governments Program (OVW), $449,420
- Wyandotte Nation, Public Safety and Community Policing (COPS), $299,746
- Wyandotte Nation, Violence Against Women Tribal Governments Program (OVW), $233,945
“Today’s more than $5.7 million in grant funding reflects the Department of Justice’s strong commitment to assisting tribes with improving public safety and preventing violence against women in the Northern District of Oklahoma,” said United States Attorney Danny C. Williams Sr. “My office is deeply committed to increasing engagement and coordination with native tribes for the betterment and safety of their members and communities. We regard our responsibility to the tribes as a significant priority.”
“For the past five years, the CTAS program has helped tribes develop their own comprehensive approaches to making their communities safer and healthier,” said Acting Associate Attorney General Stuart F. Delery. “CTAS grants have funded hundreds of programs to better serve crime victims, promote community policing, and strengthen justice systems. This year’s awards also support efforts to reduce domestic and dating violence, and promote wellness and healing for tribal youth, among many other programs.”
The awards are made through the Department’s Coordinated Tribal Assistance Solicitation (CTAS), a single application for tribal-specific grant programs. The Department developed CTAS through its Office of Community Oriented Policing Services, Office of Justice Programs and Office on Violence Against Women, and administered the first round of consolidated grants in September 2010.
Since then, more than 1,400 grants totaling more than $620 million have been provided to enhance law enforcement practices, victim services, and sustain crime prevention and intervention efforts in nine purpose areas; public safety and community policing; justice systems planning: alcohol and substance abuse; corrections and correctional alternatives; children’s justice act partnerships; services for victims of crime; violence against women; juvenile justice; and tribal youth programs.
American Indians and Alaska Natives experience disproportionate rates of violence and victimization and often encounter significant obstacles to identifying and accessing culturally relevant services. CTAS funding helps tribes to develop and strengthen tribal justice systems’ response to crime, while significantly increasing programs and services available to them.
A listing of today’s awards is available at www.justice.gov/tribal/. A fact sheet on CTAS is available at /media/791821/dl?inline.
Today’s announcement is part of the Justice Department’s ongoing initiative to increase engagement, coordination and action on public safety in American Indian and Alaska Native communities.
# # #
Justice Department Awards over $97 Million to Improve Public Safety and Victim Services for American Indians and Alaska NativesRead the Press Release
Contact: Donald E. Clark
Assistant United States Attorney
Tel: (207) 780-3257Washington, DC – The Department of Justice today announced 206 awards, totaling more than $97 million, to American Indian tribes, Alaska Native villages, tribal consortia and tribal designees. The announcement was made at the 2015 Tribal Leader Briefing, sponsored by the National Congress of American Indians, and included Tribal leaders, Members of Congress and Administration officials.
The Aroostook Band of Micmacs was awarded $894,553 for its Violence Against Women Tribal Government Program. The Penobscot Nation was awarded $876,889 for its Violence Against Women Tribal Government Program and $307,891 for its Juvenile Healing to Wellness Courts.
The awards are made through the Department’s Coordinated Tribal Assistance Solicitation (CTAS), a single application for tribal-specific grant programs. The Department developed CTAS through its Office of Community Oriented Policing Services, Office of Justice Programs and Office on Violence Against Women, and administered the first round of consolidated grants in September 2010.
Todd Lowell, the Tribal Liaison for the United States Attorney’s Office for the District of Maine said: “these awards to support efforts to reduce domestic and dating violence and to promote wellness and healing for tribal youth will undoubtedly help make these two Maine tribal communities safer and healthier.”
“For the past five years, the CTAS program has helped tribes develop their own comprehensive approaches to making their communities safer and healthier,” said Acting Associate Attorney General Stuart F. Delery. “CTAS grants have funded hundreds of programs to better serve crime victims, promote community policing, and strengthen justice systems. This year’s awards also support efforts to reduce domestic and dating violence, and promote wellness and healing for tribal youth, among many other programs.”
Since then, more than 1,400 grants totaling more than $620 million have been provided to enhance law enforcement practices, victim services, and sustain crime prevention and intervention efforts in nine purpose areas; public safety and community policing; justice systems planning: alcohol and substance abuse; corrections and correctional alternatives; children’s justice act partnerships; services for victims of crime; violence against women; juvenile justice; and tribal youth programs.
American Indians and Alaska Natives experience disproportionate rates of violence and victimization and often encounter significant obstacles to identifying and accessing culturally relevant services. CTAS funding helps tribes to develop and strengthen tribal justice systems’ response to crime, while significantly increasing programs and services available to them.
A listing of today’s awards is available at www.justice.gov/tribal/.
Today’s announcement is part of the Justice Department’s ongoing initiative to increase engagement, coordination and action on public safety in American Indian and Alaska Native communities.Indian Tribes in Kansas Receive More than $950,000 in Public Safety GrantsRead the Press Release
KANSAS CITY, KAN. – Indian tribes in Kansas are being awarded more than $950,000 in public safety grants from the U.S. Dept. of Justice, U.S. Attorney Barry Grissom said today.
“Our goal is to strengthen and sustain native communities in Kansas by improving public safety and promoting the fair administration of justice,” said U.S. Attorney Barry Grissom.
The grants, awarded through the Justice Department’s Coordinated Tribal Assistance program, include:
- Iowa Tribe of Kansas and Nebraska: $426,465 for justice systems and alcohol and substance abuse through the Bureau of Justice Assistance, and $449,741 for prevention of violence against women and tribal governments program through the Office of Violence Against Women, for a total of 876,206
- Prairie Band Potawatomi Nation: $74,764 for comprehensive tribal justice systems strategic planning from the Bureau of Justice Assistance.
Nationally, the Justice Department announced 206 awards for FY 2015 to American Indian tribes totaling more than $97 million to enhance law enforcement practices and sustain crime prevention and intervention efforts. The grants are awarded in purpose areas including public safety and community policing, justice systems planning, alcohol and substance abuse, corrections and correctional alternatives, violence against women, juvenile justice and tribal youth programs.
A listing of the awards is available at www.justice.gov/tribal/ . A fact sheet on is available at /media/791821/dl?inline.
Hillsborough County Resident Pleads Guilty to Bankruptcy Fraud Charges and Lying to the Office of the United States TrusteeRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that David W. Griffin (44, Lutz) today pleaded guilty to one count of bankruptcy fraud and one count of making a false statement under oath during a bankruptcy proceeding. Griffin faces a maximum penalty of 5 years in federal prison for each charge. A sentencing date has not yet been set.
According to court documents, Griffin operated a foreclosure rescue scheme through his companies, Bay2Bay Area Holding, LLC and Business Development Consultants, LLC. The purpose of the scheme was to obtain quitclaim or warranty deeds from distressed homeowners facing foreclosure in return for false promises to rescue their homes from foreclosure by negotiating with creditors, renting the property back to the homeowner to obtain rental income, and falsely promising that the homeowner could repurchase the property from Griffin. To maximize his rental income, Griffin also prevented creditors and guarantors, including the Federal National Mortgage Association (“Fannie Mae”) and the Federal Housing Administration, from pursuing lawful foreclosure and eviction actions against homeowners who had defaulted on their mortgages. This was accomplished by filing, or causing to be filed, fraudulent bankruptcies in the names of the homeowners without their knowledge or consent.
Griffin also admitted that he had lied under oath in sworn testimony before the Office of the United States Trustee. Under penalty of perjury, Griffin stated that he had no knowledge of a bankruptcy petition filed in the name of his company, Bay2Bay Area Holding Group, when in fact, he had prepared the petition and had directed an individual to sign his name and file the petition with the United States Bankruptcy Court for the Middle District of Florida.
Griffin has agreed to make full restitution to the Clerk for the United States Bankruptcy Court for the Middle District of Florida. The estimated losses resulting from Griffin’s conduct are approximately $25,125.00.
This case was investigated by the Federal Bureau of Investigation, the U.S. Postal Inspection Service, the Federal Housing Finance Agency - Office of Inspector General, and the U.S. Department of Housing and Urban Development – Office of Inspector General. The Office of the U.S. Trustee in Tampa also provided substantial assistance. It is being prosecuted by Special Assistant United States Attorney Chris Poor.
Hazleton Man Charged with Ten Counts of Heroin Distribution; Some Near A SchoolRead the Press Release
SCRANTON--The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 44-year-old Hazleton resident was indicted by a federal grand jury late yesterday in Scranton, on 10 counts of distribution and possession with intent to distribute heroin.
According to United States Attorney Peter Smith, the defendant, Israel Calcano-Garcia, a citizen of the Dominican Republic, allegedly committed the crimes between January 2015 and September 2015, in Luzerne County.
The charges in the indictment resulted from an investigation by the Drug Enforcement Administration, the Pennsylvania State Police, and Hazleton Police.
Eight of the charges allege that the defendant distributed heroin within 1,000 feet of a school. Each of those charges is punishable by a mandatory minimum one-year prison sentence and a potential maximum sentence of 40 years in prison. Calcano-Garcia faces up to 20 years in prison if he is convicted on the two other charges.
The case is being prosecuted by Assistant U.S. Attorney Francis P. Sempa.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is imprisonment for 20 years, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Harrisburg Man Indicted on Firearm ChargesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Harrisburg man has been indicted by a federal grand jury in Harrisburg on firearm charges.
According to United States Attorney Peter Smith, Christopher Fleisher, age 35, of Harrisburg, Pennsylvania was charged in an indictment with being a felon in possession of a firearm and with possessing a stolen firearm. The indictment alleges the offenses occurred on June 4, 2015 in Harrisburg and involved a stolen .38 caliber Smith and Wesson handgun.
The case was investigated by the by the Harrisburg Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, as well as the Harrisburg Police Department and the Commonwealth of Pennsylvania’s Office of Probation and Parole. Prosecution of the case has been assigned to Assistant United States Attorney William A. Behe.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 10 years imprisonment on each count, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Gun Charge Added Against a Laurel Man Previously Indicted for His Role in the Murder of a Robbery VictimRead the Press Release
Baltimore, Maryland – A federal grand jury returned a second superseding indictment today against Taylor King Pepe, age 21, of Laurel, Maryland on charges arising from the robbery of an individual who was shot and killed.
The second superseding indictment was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge William P. McMullan of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Chief Gary Gardner of the Howard County Police Department; and Howard County State’s Attorney Dario Broccolino.
According to the four count indictment, on January 23, 2014, Pepe and others robbed an individual at gunpoint of Oxycodone pills. The victim was shot and killed.
The second superseding indictment adds an allegation that Pepe possessed a revolver on January 23 and 24, 2014. Pepe was allegedly prohibited from possessing a firearm pursuant to a protective order issued by the District Court of Howard County on October 3, 2013.
Pepe faces a sentence of 20 years in prison each for the conspiracy and for the robbery; a mandatory minimum of 10 years and a maximum of life in prison for aiding in the discharge of a firearm during a crime of violence; and 10 years in prison for possession of a firearm by a prohibited person. His initial appearance has not been scheduled. Pepe remains in federal custody.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorney Rod J. Rosenstein commended the ATF, Howard County Police Department and Howard County State’s Attorney’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys Sandra Wilkinson and Zachary A. Myers, who are prosecuting the case.
Godfrey Man Sentenced to 10 Years in Prison for Receipt of Child PornographyRead the Press Release
Adam B. Hill, 35, of Godfrey, Illinois, was sentenced Tuesday, September 15, 2015, in federal court to 10 years in prison for Receipt of Child Pornography, Stephen R. Wigginton, United States Attorney for the Southern District of Illinois announced today. Following his prison sentence, Hill will be on federal supervised release for 5 years and will be required to register as a sex offender for the remainder of his life. Hill was also ordered to pay $24,000 in restitution to the victims, a $200 fine, and a special assessment of $100.
Court documents establish that on June 30, 2015, the Madison County Sheriff’s Department responded to a complaint of a suspicious man who appeared to be photographing young children while sitting in his vehicle outside a local swimming pool in Godfrey, Illinois. Based upon a description of the vehicle, including the license plate number, a Madison County Sheriff’s deputy identified the suspect as Adam B. Hill. The deputy made contact with Hill later that same day and confronted him about his activities at the swimming pool. During that conversation, Hill gave the officer consent to search his vehicle, during which the deputy recovered a Kodak digital camera and a metal pipe used for smoking cannabis. Hill was arrested and subsequently interviewed further regarding his activities at the swimming pool and his involvement in viewing and downloading of child pornography. Hill admitted that he had used file sharing programs to download child pornography on the internet for several years and that he had a large collection of images and videos on his computer. During a forensic examination of Hill’s iMac computer, law enforcement agents recovered over 3,500 image files and 185 video files which contained child pornography.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in 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."
This investigation was conducted by the Federal Bureau of Investigation Cyber Crimes Task Force and the Madison County Sheriff’s Department. The case was prosecuted by Assistant United States Attorney Ali Summers.
Godfrey Man Sentenced for Three Robberies in Eight DaysRead the Press Release
Joseph E. Schwank, 24, of Godfrey, Illinois, was sentenced in federal district court, in East St. Louis today, for his recent conviction on one count of Bank Robbery and two counts of Interference with Commerce by Robbery, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced. Schwank was sentenced to 92 months in prison; three years supervised release; a $300 fine; and ordered to pay a total of $300 in special assessments.
Schwank pled guilty on May 22, 2015, to charges stemming from a February, 23, 2015, robbery of a Pizza Hut restaurant in Alton, Illinois, during which Schwank demanded money from an employee in a threatening tone, displayed an airsoft gun, and was handed approximately $475 by the employee before fleeing; a March 2, 2015, bank robbery at a US Bank branch in Alton, Illinois, during which Schwank entered the bank wearing a hunter’s hat and large white sunglasses, handed a teller a note which read, "DON’T BE A HERO PUT ALL OF THE MONEY IN YOUR CASH REGISTER ON THE COUNTER FOR ME. ROBBERY," and was handed $1,613 before fleeing; and a March 3, 2015, robbery of a Domino’s Pizza in Bethalto, Illinois, during which Schwank disguised his face, demanded money from an employee, and was provided approximately $53 before fleeing.
This case was investigated by the Federal Bureau of Investigation, as well as the Alton, Illinois, Police Department, and was prosecuted by Assistant United States Attorney Daniel T. Kapsak.
Gang Member Admits Executing Person Who Was Ordered Killed for Violating Mexican Mafia Rules on ‘Taxation’ of Drug DealersRead the Press Release
LOS ANGELES – A Baldwin Park man and former 18th Street gang member pleaded guilty today to a federal drug trafficking offense and admitted that he was the triggerman in the previously unsolved 2006 murder of a person who had failed to pay “taxes” to a member of the Mexican Mafia.
Eddie “Criminal” Garcia, 39, pleaded guilty to participating in a conspiracy to distribute methamphetamine in relation to a case that targeted the San Gabriel Valley-based Puente-13 gang. In addition to participating in drug trafficking activities that include collecting “taxes” or “rent” on behalf of the Mexican Mafia member who controlled Puente-13, Garcia admitted that he murdered another gang member who failed to pay to make those extortion payments.
In his plea agreement, Garcia admitted that in 2006 he and two members of Puente-13 lured another gang member to an apartment complex, where Garcia “shot the victim…in the head with a pistol,” an execution that constituted pre-meditated first-degree murder. Garcia was acting at the behest of leaders of Puente-13, who targeted the victim, a Valinda man named David Dragna, because Dragna was suspected of taking drug money that was intended for the Mexican Mafia.
Garcia’s guilty plea is pursuant to an agreement in which federal prosecutors have agreed with the defense to jointly seek a sentence of between 18 years and 24 years in federal prison.
Garcia pleaded guilty today before United States District Judge Michael W. Fitzgerald, who is scheduled to sentence the defendant on January 25, 2016.
Two members of Puente-13 have previously been convicted of participating in Dragna’s murder. Angel “Smiley” Torres, 39, and Steven “Flaco” Nunez, 36, each pleaded guilty in federal court. Torres was sentenced to 186 months in prison, and Nunez was sentenced to 10 years. The Dragna murder was unsolved prior to a federal racketeering indictment that was unsealed in June 2010.
The Mexican Mafia member who controlled the Puente-13 gang and his brother were sentenced in 2013 to life in federal prison after being convicted at trial for their roles in leading a wide-ranging Puente-13 drug and murder conspiracy (see: http://go.usa.gov/3eyKj).
The investigation into the Puente-13 criminal enterprise and the murder of Dragna was conducted by the Drug Enforcement Administration and the Los Angeles County Sherriff’s Department.
Four Indicted on Federal Charges Related to Ventura County-Based Scheme to Obtain Unemployment Benefits through Sham CompaniesRead the Press Release
LOS ANGELES – Four men have been indicted on mail fraud and other federal charges for participating in a scheme that allegedly used dozens of bogus companies to collect millions of dollars in unemployment benefits for “employees” who never did any work at the sham entities. Two of the four defendants were arrested this morning and are due in federal court this afternoon.
The defendants were charged in a 22-count indictment that was returned yesterday afternoon by a federal grand jury. The indictment alleges an overarching conspiracy to create fictitious companies that supposedly employed scores of workers who then sought unemployment insurance benefits by claiming to have been laid off. The indictment also alleges substantive counts of mail fraud, use of unauthorized access devices (debit cards) and aggravated identity theft.
The two defendants taken into custody today are Jack Benjamin Hessiani, also known as “Jack Herrera,” 37, of Camarillo, and Hessiani’s cousin, Eduardo Josue Garcia, 24, also of Camarillo.
Hessiani and Garcia are expected to be arraigned on the indictment this afternoon in United States District Court in downtown Los Angeles.
The other two defendants in the case – Hessiani’s brother, James Manuel Herrera, 27, also of Camarillo; and Daniel Ayala-Mora, another cousin of Hessiani and Herrera, 25, who recently moved from Camarillo to Las Vegas – are currently being sought be authorities.
According to the indictment, Hessiani and Herrera created numerous fictitious companies for the sole purpose of defrauding the state Employment Development Department (EDD), the agency that administers the federal unemployment insurance program in California. After filing documents with EDD that showed fictitious earnings for “workers,” Hessiani and Herrera allegedly filed and caused to be filed unemployment claims for purported laid-off “employees,” who were actually people who had agreed to provide their personal identifying information in exchange for a portion of the unemployment benefits. The unemployment benefits, in the form of checks and debit cards, were sent to “mail drops” that Hessiani and Herrera had established in the names of others. Once EDD began issuing unemployment benefits, Hessiani and Herrera saw that documents were filed that claimed the laid-off “workers” were still unemployed, and later they sought “extended benefits” to obtain unemployment insurance beyond the normal six-months, according to the indictment.
All four defendants allegedly sought unemployment insurance benefits for themselves based on their own “work” at the fictitious companies. Investigators believe that the scheme involved more than 40 fictitious businesses in Ventura County. Most of the fake companies had names that made them appear to be involved in marketing and networking services.
Hessiani and Herrara allegedly kept enlarging their scheme by inducing “workers” to act as recruiters of other “workers” and would pay referral fees for each new “worker” brought into the scheme.
As a result of this scheme, investigators believe that members of the conspiracy sought approximately $6.7 million in fraudulent unemployment insurance benefits, and that EDD and the United States Treasury suffered combined actual losses of approximately $4.8 million.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until proven guilty in court.
The conspiracy and 12 substantive mail fraud charges in the indictment each carry a statutory maximum penalty of 20 years in federal prison. The charge of using an unauthorized access device carries a prison term of up to 10 years. The charge of aggravated identity theft carries a mandatory consecutive sentence of two years. Therefore, if they are convicted of the charges in the indictment, Hessiani and Herrera, who are charged in most of the counts, each would face potential sentences of decades in federal prison.
The investigation in this case was conducted by the United States Department of Labor, Office of Inspector General; the United States Secret Service, U.S. Immigration and Customs Enforcement, Homeland Security Investigations; and the California Employment Development Department.
Fort Campbell, Kentucky, Resident SentencedRead the Press Release
PADUCAH, Ky. – A civilian resident of Fort Campbell, Kentucky, was sentenced in U.S. District Court Monday, by Senior Judge Thomas B. Russell, to 27 months in prison, followed by a two year period of supervised release for the assault of another person that caused serious bodily injury, announced United States Attorney John E. Kuhn, Jr. There is no parole in the Federal Court system.
Kenneth Earl Dycus, age 44, of Christian County, Kentucky, was charged on February 10, 2015, in a single count grand jury indictment with the assault that occurred on February 8, 2015 on the Fort Campbell military base. On June 11, 2015, Dycus pleaded guilty to the single charge.
According to court records, Dycus intentionally injured another person, by choking him to the extent that the person was rendered unconscious. As a result of that injury, the individual sustained a bodily injury that involved a substantial risk of death, extreme physical pain, and protracted loss and impairment of the function of his memory.
If convicted at trial, Dycus could have been sentenced to no more than ten years in prison, fined up to $250,000 and ordered to serve a three year period of supervised release.
This case was prosecuted by Assistant United States Attorney David Sparks and was investigated by the Fort Campbell, Kentucky military police and the Federal Bureau of Investigation (FBI).
Former Governor of Santa Ana Pueblo Sentenced to 51 Months in Federal Prison for Conviction on Embezzlement and Tax ChargesRead the Press Release
ALBUQUERQUE – A former Governor of Santa Ana Pueblo was sentenced late this afternoon in federal court in Albuquerque, N.M., for his conviction on charges arising out of a scheme to embezzle approximately $3,575,000.00 from the Indian Pueblo Federal Development Corporation (IPFDC), an Indian tribal organization formed by the 19 Pueblos of New Mexico for the purpose of developing land that once had been the site of the Albuquerque Indian School.
Bruce Sanchez, 61, was ordered to serve 51 months in federal prison to be followed by three years of supervised release. He also was ordered to pay, jointly with his co-defendant, restitution in the amount of $3,575,000.00 to the IPFDC. The court also ordered Sanchez to pay the IRS $655,276.00, the federal taxes owed on the money he embezzled from the IPFDC and failed to report to the IRS, as a special condition of his supervised release.
In announcing the sentence, U.S. Attorney Damon P. Martinez said, “The IPFDC was established to develop real estate for the benefit of the 19 Pueblos of New Mexico and their people. Bruce Sanchez was entrusted with spearheading that development but instead he lined his own pockets at the expense of the people he was duty-bound to serve.”
“This sentence confirms that those who take advantage of their position, community’s trust, and people, will be held responsible for their actions. This is a positive move forward and a new chapter for the 19 Pueblos of New Mexico. It is also the result of on-going efforts, and strong commitment, by law enforcement agencies and the U.S. Department of Justice,” stated David House, Special Agent in Charge for the Western Region Office of Inspector General Investigations, Department of the Interior.
“Sanchez wrongfully used his positon, as a public servant, to orchestrate an illegal scheme to embezzle $3.5 million dollars from the Indian Pueblo Federal Development Corporation. Sanchez’s scheme diverted much needed public funds for his own personal use then further violated the law by not reporting the funds on his income tax returns,” said Special Agent in Charge Ismael Nevarez, Jr., of IRS- Criminal Investigation. “IRS- Criminal Investigation will continue its collaborative efforts to investigate individuals that violate public trust by engaging in illicit financial fraud schemes.”
Sanchez and co-defendant Thomas Keesing, 62, of Pecos, N.M., were indicted in Oct. 2012, and charged with a conspiracy offense and ten substantive embezzlement offenses arising out of the scheme to steal funds belonging to the IPFDC. The 15-count indictment also charged Sanchez with three tax evasion counts alleging an aggregate federal tax loss of $655,276.00, and a misdemeanor count of willful failure to file a tax return. In Aug. 2013, Keesing was charged by information with three misdemeanor counts of failure to file tax returns and those tax charges were consolidated into the case. The information charged Keesing with failure to file federal tax returns for calendar years 2006, 2007 and 2008, even though he received gross income in the aggregate amount of $2,771,250.00 during those three years.
According to the indictment, between 2003 and 2009, Sanchez and Keesing conspired to embezzle approximately $3,575,000.00 from the IPFDC. During that time, Sanchez was the president and chief executive officer of the IPFDC. Keesing, a commercial real estate developer and the owner of New Mexico Real Estate, Inc. (NMREI), worked as a consultant for IPFDC in 2002 and 2003. Sanchez and Keesing engaged in a scheme to unlawfully profit from the development of the Albuquerque Indian School property by having Keesing submit false and fraudulently inflated invoices for payment from NMREI to the IPFDC. Sanchez approved the invoices even though the payments were vastly in excess of the value of any services provided by Keesing and NMREI. Keesing then shared the proceeds of the fraudulently obtained IPFDC payments with Sanchez. Between 2003 and 2008 and as a result of this illegal scheme, Keesing and NMREI received $3,775,000.00 in payments from the IPFDC, including $3,575,000.00 that was fraudulently obtained. During that same period, Sanchez and Tsachu, LLC, his solely-owned consulting company, received approximately $1,722,823.04 from Keesing and NMREI.
On Jan. 28, 2015, Sanchez entered a guilty plea to Counts 3 and 13 of the indictment charging him with embezzlement from an Indian tribal organization and tax evasion, respectively. Sanchez’s plea agreement detailed the embezzlement scheme through which Sanchez and Keesing defrauded the IPFDC of $3,575,000.00. Sanchez brought Keesing onto the IPFDC development team in 2002 and Keesing performed services for the IPFDC in 2002 and 2003. Thereafter, Sanchez and Keesing entered into a brokerage and development agreement that was never presented to the IPFDC board for approval, and used the agreement as the vehicle to perpetuate their embezzlement scheme. Between Jan. 2005 and Nov. 2008, Keesing and NMREI submitted more than 100 invoices for professional services purportedly provided in connection with the development of the Albuquerque Indian School site. Sanchez arranged for the IPFDC to pay the invoices, and in return, Sanchez and Tsachu, LLC, received more than 100 checks in the aggregate amount of $1,652,823.04 from Keesing and NMREI. Although this illegally obtained money was taxable income, Sanchez did not report the income to the IRS.
Keesing also entered a guilty plea on Jan. 28, 2015. He pled guilty to Count 3 of the indictment charging him with aiding and abetting embezzlement from an Indian tribal organization, and Count 1 of the misdemeanor information charging him with the willful failure to file an income tax return. Keesing’s plea agreement sets forth a detailed description of his role in the embezzlement scheme that defrauded the IPFDC of $3,575,000.00. According to his plea agreement, Keesing shared these illegally obtained proceeds with Sanchez with Sanchez taking $1,652,823.00, and Keesing retaining the balance. Keesing acknowledged that Sanchez provided nothing of value in return for this money and used Keesing as a conduit to receive IPFDC funds to which he was not entitled. Keesing participated in the scheme to obtain additional compensation for work he previously performed on behalf of the IPFDC and for which he felt he was not adequately compensated. Although the proceeds Keesing obtained from the IPFDC were taxable income, he failed to file federal tax returns reporting the income.
Keesing remain on conditions of release and under pretrial supervision pending his sentencing hearing, which is set for Dec. 16, 2015. Keesing faces a statutory maximum of five years in prison on the embezzlement count and up to one year in prison on the tax count. His plea agreement also requires that Keesing pay, jointly with Sanchez, full restitution to the IPFDC for the losses it sustained as a result of their criminal conduct.
The case was investigated by the IRS Criminal Investigation and the Department of the Interior’s OIG, and is being prosecuted by Assistant U.S. Attorney Jonathon M. Gerson.
Former Federal Grand Juror Sentenced to Probation for Leaking Sealed Grand Jury InformationRead the Press Release
PORTLAND, Ore. – Today, Lori Ann Cubit, 56, of Gresham, Oregon, was sentenced by U.S. District Judge Michael W. Mosman to one year of probation following her conviction of the misdemeanor crime of criminal contempt of court. As a condition of probation, Mrs. Cubit will be required to perform 100 hours of community service.
On December 30, 2013, a federal grand jury was presented with information related to the criminal activities of a violent Blood street gang involved in drug trafficking and other crimes in the greater Portland, Oregon metropolitan area. The evidence presented to the grand jury was the result of a year-long Metro Gang Task Force investigation which included the use of federal wiretaps to target the involved individuals. On December 31, 2013, the government learned through an informant that secret information regarding the grand jury proceedings had been disclosed within the community. The leaked information included the identities of people who had been criminally charged by the grand jury, the charges they faced and the existence and use of federal wiretaps and evidence derived from them. At the time of the disclosure, the indictments were under seal and not subject to disclosure. Due to the leak of information, a series of planned search warrants and arrests had to be canceled due to concerns over officer safety. One defendant fled the jurisdiction.
An investigation into the source of the leaked grand jury proceedings revealed that Mrs. Cubit, a former federal grand jury member, had disclosed the information to family members and others. From there, the information spread throughout the community.
On April 29, 2015, Mrs. Cubit pled guilty to one count of criminal contempt of court. In her plea agreement, Mrs. Cubit admitted that, on or about December 30, 2013, she knowingly disobeyed the order and commands of a Court of the United States and of U.S. District Judge Ancer L. Haggerty that she not to disclose any information relating to any matter occurring before the grand jury. She additionally admitted that she disclosed information from the grand jury on December 30, 2013, to unauthorized individuals, including evidence presented to the grand jury, the existence of federal wiretaps, the names of the defendants and the criminal charges they faced, all while the evidence presented and charging documents were still under seal and not subject to disclosure to the public.
Both before and during the sentencing hearing, Mrs. Cubit apologized for her actions.
"The rules governing grand jury proceedings are critically important to the integrity and safety of the investigative process and they must be followed," stated Acting U.S. Attorney Billy J. Williams. "This case, unfortunately, highlights the serious consequences that can result from the unauthorized disclosure of criminal matters, even when it is not done with any malicious intent. We are grateful that we found out about the leak when we did so that no law enforcement officers were placed in danger as a result of Mrs. Cubit’s actions."
This case was investigated by the Metro Gang Task Force (MGTF) and Federal Bureau of Investigation (FBI). The case was prosecuted by Assistant U. S. Attorney Scott Kerin.
Former Director of Marketing and Merchandising for Pa-Liquor Control Board Pleads Guilty in Honest Services Fraud SchemeRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that the former Director of Marketing and Merchandising for the Pennsylvania Liquor Control Board (PA-LCB) pled guilty before U.S. District Court Judge Sylvia H. Rambo to a scheme to defraud the state, its citizens and the PA-LCB of their right to his honest services as a public official through bribes, kick-backs and concealing information.
According to United States Attorney Peter Smith, James H. Short, Jr., age 50, of Harrisburg, Pennsylvania, admitted to the charge of Honest Services Mail Fraud. Short was indicted by a grand jury in August 2015.
Short served as the Director of Marketing and Merchandising from approximately 2003 to 2012 and supervised the process through which alcoholic beverages are selected and acquired for sale in Pennsylvania’s state-run liquor stores.
By pleading guilty Short admitted to approximately 10 years (2002 to 2012) of receiving benefits from a distributor and a manufacturer of alcoholic beverages sold in Pennsylvania’s stores. These benefits included all-expense paid golf trips, cash, gift cards, meals, and other benefits.
As Director of Marketing and Merchandising for the PA-LCB, Short supervised the process of recommending to the PA-LCB which new products should be sold and which products should no longer be sold in Pennsylvania’s 500 state-run liquor stores.
No date has been scheduled yet for Short’s sentencing.
The case is part of a continuing investigation by the Harrisburg Office of the FBI and is being prosecuted by Assistant United States Attorney Michael A. Consiglio. The case initially was brought by the Pennsylvania Ethics Commission which found that Short violated the Pennsylvania Ethics act when he accepted certain things of value charged in the present federal case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty for the offense is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Former Collin Street Bakery Executive and Wife SentencedRead the Press Release
DALLAS — Sandy Jenkins, a former executive at the Collin Street Bakery (“the Bakery”) in Corsicana, Texas, and his wife, Kay Jenkins, were sentenced today on felony convictions stemming from Sandy Jenkins’s embezzlement of approximately $16 million from the Bakery, announced U.S. Attorney John Parker of the Northern District of Texas.
Sandy Jenkins was sentenced by U.S. District Judge Ed Kinkeade to serve a total of 120 months in federal prison. Judge Kinkeade sentenced Kay Jenkins to five years’ probation. Kay Jenkins was further ordered to complete 100 hours of community service and to submit a formal apology in writing to the Bakery.
Sandy Jenkins, 66, served as the Corporate Controller for the Bakery from February 1998 to June 21, 2013. After the Bakery discovered the fraud, he was terminated on June 21, 2013. He pleaded guilty in May 2014 to one count of mail fraud, one count of conspiracy to commit money laundering, and one count of making a false statement to a financial institution. Kay Jenkins, 64, of Corsicana, pleaded guilty in May 2015 to one count of conspiracy to commit money laundering.
According to documents filed in the case and evidence proffered at the sentencing hearing, beginning at least as early as December 2004, and continuing until his termination from the Bakery, Sandy Jenkins engaged in a massive scheme to defraud the Bakery. During that time, he embezzled more than $16 million from the Bakery, and he and his wife, Kay Jenkins, used that money to bank-roll a lavish lifestyle. The government introduced evidence at sentencing identifying the 223 trips on private jets as well as the locations (primarily Santa Fe, New Mexico; Aspen, Colorado; and Napa, California, among other places), with a total cost that exceeded $3.3 million.
The government also showed at sentencing that the Jenkins purchased 38 vehicles over the course of the scheme, including many Lexus automobiles, a Mercedes Benz, a Bentley, and a Porsche. According to evidence proffered at sentencing, Sandy Jenkins and Kay Jenkins purchased a new automobile every time they needed an oil change. The government further established at sentencing that the Jenkins spent over $11 million on a Black American Express card alone—roughly $98,000 per month over the course of the scheme—for a couple that had a legitimate income, through the Bakery, of approximately $50,000 per year. The evidence at sentencing also established that a significant portion of stolen funds (approximately $1.2 million) were spent at Neiman Marcus at Northpark in Dallas where Sandy Jenkins and Kay Jenkins had nicknames, “Fruitcake” and “Cupcake,” respectively. The government further proffered evidence at sentencing that the Jenkins stopped shopping at Neiman Marcus when Neiman’s ran out of things to sell them.
Based on the evidence at sentencing, the Court determined that the total loss as a result of Sandy Jenkins’s offense was $16,766,645.70. Through the efforts of law enforcement in this case, the government recovered approximately $4,000,000 in property and cash that will be turned over to the Bakery as partial restitution for the losses suffered in this case. That includes the following: (a) four vehicles, including a 2005 Lexus SC, a 2010 Mercedes Benz CL550, a 2013 GMC Yukon Denali, and a 2013 BMW X53 (having an approximate value of $150,000); (b) 532 luxury items, including 41 bracelets, 15 pairs of cufflinks, 21 pairs of earrings, 16 furs, 61 handbags, 45 necklaces, 9 sets of pearls, 55 rings, and 98 watches (having an approximate value of $3.5 million); $580,754.90 in cash; a wine collection (having an approximate value of $50,000.00); and a Steinway electronic piano (having a value of $58,500.00). As a result of the turnover of property, the Court ordered restitution jointly and severally for Sandy and Kay Jenkins in the amount of $12,697,921.79 to be paid to the Bakery.
The FBI conducted the investigation with assistance from the Corsicana Police Department and the Austin Police Department. Assistant U.S. Attorney J. Nicholas Bunch prosecuted the case and Deputy Criminal Chief Assistant U.S. Attorney Melissa Childs handled the forfeiture.
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Federal Inmates in Wayne County Charged with Assaults with A Dangerous WeaponRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that late yesterday a federal grand jury in Scranton indicted five federal inmates at the United States Penitentiary Canaan (“USP Canaan”), in Waymart, Pennsylvania, in separate cases involving alleged assaults with a dangerous weapon.
One of the incidents involves an assault by an inmate on correction officers.
According to United States Attorney Peter Smith, the following inmates were charged in the following cases:
Jerome Lummes, age 37, is charged with assaulting four correctional officers at USP Canaan on August 18, 2015. Lummes also was charged with possessing a homemade weapon fashioned from a sharpened piece of metal, commonly known as a “shank.”
The maximum penalty under federal law for Lummes is 20 years of imprisonment for each assault count, a term of supervised release following imprisonment, and a $250,000 fine. The maximum penalty under federal law is 5 years of imprisonment for the use of a dangerous weapon, a term of supervised release following imprisonment, and a $250,000 fine.
On June 3, 2015, inmate Reuben Blajos, age 41, originally from California, and inmate Manuel Vasquez-Perez, age 39, originally from Mexico, allegedly assaulted another inmate at USP-Canaan, repeatedly striking the victim with improvised weapons made by tying metal padlocks to prison-issued socks.
Blajos and Vasquez-Perez face up to 20 years’ incarceration and fines of up to $750,000.
James E. Carson, age 29, is charged with assaulting a fellow inmate at USP Canaan on July 12, 2015. Carson also was charged with possessing a homemade weapon fashioned from a sharpened piece of metal, commonly known as a “shank.”
The maximum penalty under federal law for Carson is 15 years of imprisonment, a term of supervised release following imprisonment, and a fine.
Efrain Rodriguez, age 43, was charged with assaulting a fellow inmate at USP Canaan on July 23, 2015. Rodriguez also was charged with possessing a homemade weapon fashioned from a razor blade and a toothbrush, commonly known as a “shank.”
The maximum penalty under federal law for Rodriguez is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine.
The investigations were conducted by the Federal Bureau of Investigation and officers from USP Canaan. Lummes is being prosecuted by Assistant United States Attorney John C. Gurganus. Blajos and Vasquez-Perez and are being prosecuted by Assistant United States Attorney Peter Hobart. Carson and Rodriguez are being prosecuted by Assistant United States Attorney Phillip J. Caraballo.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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