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10 September 2015
Sunbury Man Indicted for Distribution, Receipt, Possession of Child PornographyRead the Press Release
COLUMBUS, Ohio – A federal grand jury has charged Mark W. Wolfe, 50, of Sunbury, Ohio, with distribution, receipt and possession of child pornography.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, and Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI) announced the indictment returned yesterday.
According to court documents, undercover investigators observed files containing child pornography being shared through an IP address belonging to Wolfe. During a search warrant executed on July 31 at Wolfe’s residence, investigators discovered a laptop containing approximately 486 videos and 203 images of child pornography. The files were located in several folders on the computer under the user name “Mark.” Some of the videos showed children as young as eight-to-10 months old being sexually abused.
Further forensic analysis of the computer revealed Skype chat messages between Wolfe and several other individuals. In these conversations, Wolfe allegedly distributed child pornography files and claimed to have previously engaged in sex acts with minors and stated that his favorite age is five to ten years old.
The three-count indictment charges Wolfe with one count of distribution and one count of receipt of child pornography, each crimes punishable by at least five years up to a potential maximum of 20 years in prison, and one count of possession of child pornography, which carries a potential maximum sentence of 10 years imprisonment.
This case is being brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Stewart commended the investigation by the FBI Columbus Child Exploitation Task Force, which includes officers from the Westerville Police Department, Reynoldsburg Police Department, Powell Police Department and Belmont County Sheriff’s Office, as well as Assistant U.S. Attorney Heather A. Hill, who is prosecuting the case.
Charges contained in an indictment are merely allegations. All defendants are presumed innocent until and unless proven guilty in court.
South Portland Man Pleads Guilty to Sexual Exploitation of a MinorRead the Press Release
Contact: Craig M. Wolff
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced that Wayne Niski, 28, of South Portland, Maine, pled guilty today in U.S. District Court to sexually exploiting a minor.
According to court records, in 2013, Niski took several sexually explicit photographs of an eight-year-old girl. In March 2015, investigators executed a search warrant at Niski’s residence in South Portland. Among the items found in the residence was a USB flash drive that contained copies of the images that Niski had taken in 2013.
Niski faces a sentence of no less than 15 years and up to 30 years in prison, a $250,000 fine, and supervised release for life. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by the Maine State Police Computer Crimes Unit and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.South Jersey Woman Sentenced to 15 Months in Prison for Role in Conspiracy to Traffic Guns from North Carolina to New JerseyRead the Press Release
CAMDEN, N.J. – A Camden woman was sentenced today to 15 months in prison for buying five firearms in North Carolina for her cousin to sell in New Jersey, U.S. Attorney Paul J. Fishman announced.
Johanna Betty Young, 25, previously pleaded guilty before U.S. District Judge Renée Marie Bumb to an information charging her with one count of conspiring to deal firearms without a license. Judge Bumb imposed the sentence today in Camden federal court.
According to documents filed in this case and statements made in court:
In January 2012, Young’s cousin, Wendelle Ford, 42, also of Camden, gave Young money to apply for firearms purchase permits in North Carolina, where Young lived at the time. Young admitted she knew that neither she nor Ford were federally licensed firearms dealers. She also knew that Ford had a prior felony conviction and therefore could not legally purchase or possess firearms.
Once Young obtained the purchase permits, Ford traveled to North Carolina and he and Young visited gun shops. After Ford told her which firearms to buy, Young lied on the purchase paperwork, stating that she was the actual buyer. Young bought five handguns and gave them to Ford knowing that he was going to bring them to New Jersey and sell them. Later, Ford gave Young $200 for each firearm.
In addition to the prison term, Judge Bumb sentenced Young to serve two years of supervised release.
The case against Ford is still pending. The charges and allegations against him are merely accusations and he is considered innocent unless and until proven guilty.
U.S. Attorney Fishman credited special agents of the ATF, under the direction of Special Agent in Charge George P. Belsky in Newark, New Jersey, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Matthew Smith of the U.S. Attorney’s Office in Camden.
Defense counsel: Jose Luis Ongay Esq., Camden
Sentencings for September 4 - 9, 2015Read the Press Release
Vincent Maria, 31, was sentenced by Federal District Court Judge Alan B. Johnson on September 9, 2015, for conspiracy to distribute at least 500 grams of a mixture or substance containing a detectable amount of methamphetamine. Maria was arrested in Rawlins, Wyoming. He received 106 months plus 21 days of imprisonment, to be followed by five years of supervised release, and was ordered to pay a $900.00 fine and a $100.00 special assessment. This case results from an ongoing Organized Crime Drug Enforcement Task Forces (OCDETF) joint investigation conducted by the Wyoming Division of Criminal Investigation and the U.S. Drug Enforcement Administration. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
Eric Matthew Vasilisin, 31, of Springfield, Missouri, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on September 9, 2015, for possession of child pornography. Vasilisin was arrested in Cheyenne, Wyoming. He received 41 months imprisonment, to be followed by 10 years of supervised release, and was ordered to pay a $100.00 special assessment. This case was investigated by the Wyoming Division of Criminal Investigation Internet Crimes Against Children Task Force and the U.S. Department of Homeland Security.
Oscar Rodriguez-Melchor, 28, of Mexico, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on September 4, 2015, for illegal re-entry of a previously deported alien into the United States. Rodriguez-Melchor was arrested in Rock Springs, Wyoming. He received 12 months imprisonment, was ordered to pay a $100.00 special assessment, and is subject to deportation upon release from custody. This case was investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement.
Second Kalamazoo Man, Jaime Velasco-Jimenez, Sentenced for His Role in Counterfeit Identification Document RingRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Patrick Miles announced today that Jaime Velasco-Jimenez, age 37, a citizen of Mexico who most recently resided illegally in Kalamazoo, Michigan, was sentenced to 36 months’ imprisonment today for his role in a counterfeit identification document ring. Velasco-Jimenez is the second of three individuals involved in the ring to be sentenced. Jesus Emmanuel Lopez-Garcia previously received a sentence of 36 months’ imprisonment in August of this year.
Between September, 2013, and March, 2015, Velasco-Jimenez produced hundreds of counterfeit identification documents at his apartments in Plainwell and Kalamazoo, Michigan. Velasco-Jimenez recruited Lopez-Garcia and Victor Hugo Quesada-Pacheco to solicit illegal aliens residing in Kent and Kalamazoo counties in need of counterfeit identification documents. Lopez-Garcia and Quesada-Pacheco provided the names, false social security account numbers, and other false biographical information for their customers to Velasco-Jimenez who then produced counterfeit driver’s licenses, state identification documents, social security account number cards, lawful permanent resident cards, and other false identification documents at his apartment in Kalamazoo. Lopez-Garcia and Quesada-Pacheco then delivered the counterfeit identification documents to their customers and collected a fee that was shared with Velasco-Jimenez.
"The proliferation of counterfeit identity documents can have a rippling effect on all of us because it potentially compromises national security and the integrity of the U.S. immigration system," said Marlon Miller, special agent in charge for HSI Detroit. "HSI will continue to aggressively target the groups who profit from counterfeit identity document schemes."
Velasco-Jimenez forfeited numerous electronic devices and $8,108.00 related to his crime. And he faces removal from the United States. The sentencing hearing for Quesada-Pacheco, the last member of the ring, is scheduled for September 17, 2015, in federal court in Grand Rapids.
Assistant U.S. Attorney Ronald M. Stella is prosecuting the case, which has been investigated by the Department of Homeland Security, U.S. Immigration and Customs Enforcement, Homeland Security Investigations division in Grand Rapids.
Sallisaw Man Sentenced to 54 Months for Firearm and Ammunition PossessionRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that CLINTON JAMES JONES, age 34, of Sallisaw, Oklahoma was sentenced to 54 months imprisonment for FELON IN POSSESSION OF FIREARM AND AMMUNITION, in violation of Title 18, United States Code, Section 922(g)(1).
The charge arose from an investigation by the Sallisaw Police Department and the Drug Enforcement Administration. The defendant pled guilty in April, 2015.
The Indictment alleged that on or about March 14, 2015, within the Eastern District of Oklahoma, the defendant CLINTON JAMES JONES, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm and ammunition.
The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in the custody of the United States Marshal Service pending transportation to the designated federal facility at which he will serve his nonparolable sentence.
Assistant United States Attorney Chris Wilson represented the United States.
Rochester Man Sentenced for Bank RobberyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that James Bloom, 32, of Rochester, NY, who was convicted of bank robbery, was sentenced to 63 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Edward H. White, who handled the case, stated that the defendant robbed four banks:
• January 6, 2014, Key Bank, 2929 Union Road, Cheektowaga, NY.
• January 30, 2014, Key Bank, 4248 Delaware Avenue, Tonawanda, NY
• February 10, 2014, Citizens Bank, 2040 George Urban Boulevard, Depew, NY.
• February 14, 2014, First Niagara Bank, 3488 Amelia Drive, Orchard Park, NY.During each robbery, Bloom handed the teller a note referencing explosives. One note read “I’m wired and ready to blow.”
The sentencing is the culmination of an investigation by the Federal Bureau of Investigation, the Cheektowaga Police Department, under the direction of Chief David Zack, the Tonawanda Police Department, under the direction of Chief Jerome Uschold, and the Orchard Park Police Department, under the direction of Mark Pacholec.
Reno Meth Dealer Sentenced to 12½ Years in PrisonRead the Press Release
LAS VEGAS, Nev. – On Tuesday, Sept. 8, U.S. District Judge Larry R. Hicks sentenced a Reno man to 12½ years in prison and five years of supervised release following his arrest and conviction for possessing approximately one kilogram of pure methamphetamine in his vehicle, announced U.S. Attorney Daniel G. Bogden, for the District of Nevada.
Francisco Fuentes Ibarra, 35, pleaded guilty in May to one count of conspiracy to distribute and possess with intent to distribute at least 500 grams of a mixture or substance containing methamphetamine. Ibarra and co-defendant Jennifer Ann Fulcher were originally charged in August 2014. Fulcher also pleaded guilty, and was sentenced on July 21 to 70 months in prison.
“The defendant is a convicted felon who was driving around Reno with a firearm and a large quantity of methamphetamine in his vehicle for the purpose of distribution,” said U.S. Attorney Bogden. “We will work with our federal, local and state partners to ensure that persons who have a criminal history and are using handguns to distribute significant quantities of drugs are prosecuted federally.”
According to the court records, on Aug. 5, 2014, a Sparks Police Department detective received information from a confidential source that Ibarra and Fulcher had a significant amount of methamphetamine and firearms in their vehicle. Following receipt of this information, on the same day, Ibarra was pulled over by a Washoe County Sheriff’s Office deputy for a traffic violation while driving a white Suburban SUV in Reno. A drug detection canine indicated that the vehicle was positive for controlled substances. A search of the vehicle revealed a blue duffel bag containing 983 grams of 100 percent pure methamphetamine and a 9 millimeter handgun. Under the front passenger seat where Fulcher had been sitting, officers found a glass vial with methamphetamine and two methamphetamine pipes. Inside the vehicle were other items of drug paraphernalia, including a scale and small black baggies. Investigators also located in the vehicle a radio frequency detector, 10 cellular phones, store unit receipts, and a Motel 6 receipt.
The case was prosecuted by Assistant U.S. Attorney James E. Keller and investigated by the DEA, Sparks Police Department, and Washoe County Sheriff’s Office.
Pittsburgh Man Admits Dealing Crack Cocaine on Multiple OccassionsRead the Press Release
PITTSBURGH - A Pittsburgh resident pleaded guilty in federal court to charges of violating federal narcotics laws, United States Attorney David J. Hickton announced today.
Dwayne Allen, a/k/a Dewayne Allen, 41, of Pittsburgh, Pa., pleaded guilty to three counts before United States District Judge Mark R. Hornak.
In connection with the guilty plea, the court was advised that in 2013 and 2014, the Federal Bureau of Investigation and other agencies targeted Allen and other drug traffickers in the Homewood section of Pittsburgh. On Dec. 5, 2013, the agents utilized a confidential informant to purchase one ounce of crack cocaine from Allen for $13,000. The informant made another slightly larger purchase of crack cocaine for $1,900 from Allen on Jan. 28, 2014. On Feb. 14, 2014, the informant paid $4,000 to Allen and obtained three ounces of crack cocaine.
Judge Hornak scheduled sentencing for Jan. 22, 2016, at 2 p.m. The law provides for a maximum total sentence of not less than five years and up to 40 years in prison, a fine of $5,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Troy Rivetti is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, the FBI Greater Pittsburgh Safe Street Task Force, Wilkinsburg Police Department, Allegheny County Sheriff’s Office, Pennsylvania Office of the Attorney General, Munhall Police Department, Duquesne Police Department, Monroeville Police Department, Allegheny County Police Department, West Mifflin Police Department, Bellevue Police Department, and the Pittsburgh Bureau of Police conducted the investigation leading to the prosecution of Allen.
Phony Attorney Charged with Operating Fraudulent Law PracticeRead the Press Release
PHILADELPHIA – Leaford George Cameron, 62, of Burlington, NJ, was charged today by indictment with mail fraud, wire fraud, and false statements, announced United States Attorney Zane David Memeger. The indictment alleges that from 2003 through 2015, Cameron operated a fraudulent law practice, pursuant to which he pretended to be a lawyer in order to defraud approximately 74 separate victim “clients,” who paid Cameron for what they believed was legitimate legal representation. Cameron’s victims were residents of Pennsylvania, New York, New Jersey, Connecticut, Florida, Illinois, Jamaica, and India.
Pursuant to the charged scheme, Cameron operated a fake law firm, appeared and spoke in court as the lawyer representing his victims, and filed various legal motions and forms in his victims’ cases in which he indicated – often under the penalty of perjury – that he was an attorney licensed to practice law in the Commonwealth of Pennsylvania. Cameron used four separate Pennsylvania Attorney Identification Numbers when filing legal forms, all of which belonged to other actual licensed Pennsylvania attorneys. Cameron fraudulently represented clients in various legal matters, primarily immigration matters pending before U.S. Citizenship and Immigration Services (“USCIS”), a component of the U.S. Department of Homeland Security, and the Executive Office for Immigration Review (“EOIR”), a component of the U.S. Department of Justice.
If convicted of all charges, the defendant faces a statutory maximum sentence of 75 years in prison, up to $1.5 million in fines, three years of supervised release, and a $600 special assessment.
The case was investigated by Homeland Security Investigations (HSI) and is being prosecuted by Assistant United States Attorney James A. Petkun.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Philadelphia Man Charged with Sex Trafficking A MinorRead the Press Release
PHILADELPHIA - Raymond Justis, 43, of Philadelphia, PA was charged today by indictment with one count of sex trafficking of a minor, announced United States Attorney Zane David Memeger.
If convicted the defendant faces a maximum possible sentence of life imprisonment, a $250,000 fine, a lifetime period of supervised release and a $100 special assessment.
The case was investigated by the Federal Bureau of Investigation, the Aston Township Police Department and the Delaware County District Attorney's Office. It is being prosecuted by Assistant United States Attorney Michelle Morgan.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Okay Man Pleads Guilty to Firearm and Ammunition PossessionRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that WILLIAM JAMES SMITH, Jr., a/k/a Jimmy, age 35, of Okay, Oklahoma, pled guilty to FELON IN POSSESSION OF FIREARM & AMMUNITION, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, up to a $250,000.00 fine or both.
The charges are a result of an investigation by the United States Marshal Service, District 27 Drug Task Force and Bureau of Alcohol, Tobacco and Firearms. The defendant was indicted in August, 2015.
The Indictment alleged that on or about February 26, 2015, within the Eastern District of Oklahoma, the defendant, WILLIAM JAMES SMITH, Jr., a/k/a Jimmy, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm and ammunition, which had been shipped and transported in interstate commerce.
The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty plea and ordered the completion of presentence report. The defendant will remain in the custody of the United States Marshal Service pending sentencing.
Assistant United States Attorney Dean Burris represented the United States.
New Orleans Man Pleads Guilty to Robbery of Chase BankRead the Press Release
U.S. Attorney Kenneth A. Polite announced that LARRY WILLIAMS, age 34, of New Orleans, pled guilty yesterday to a one-count Indictment charging him with the robbery of the CHASE Bank branch located at 201 St. Charles Avenue.
According to court records, on April 30, 2012, WILLIAMS entered the CHASE Bank branch and handed a note demanding money to a teller. The teller handed WILLIAMS a bundle of bills which included a dye pack. When WILLIAMS fled the bank, the dye pack exploded. WILLIAMS removed some clothing and discarded it along with the dye-stained money. The clothing and a plastic bag carried by WILLIAMS were recovered and examined by the Federal Bureau of Investigation. The FBI lab at the FBI facility in Quantico, Virginia recovered DNA and fingerprints matching WILLIAMS.
WILLIAMS faces up to 20 years imprisonment, followed by three years of supervised release, a $250,000 fine, and a $100 special assessment. U.S. District Judge Jay C. Zainey set sentencing for December 15, 2015.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation in investigating this matter. Special Assistant United States Attorney Brian Ebarb is in charge of the prosecution.
New Orleans Man Pleads Guilty in Crack Cocaine ConspiracyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that HERBERT COOPER, age 42, of New Orleans, pled guilty today to one count of conspiring to distribute and possess with intent to distribute over 28 grams of cocaine base (“crack cocaine”).
In pleading guilty, COOPER faces a five-year minimum term of imprisonment, a maximum term of forty years, a fine of up to $5,000,000, a period of four years of supervised release following any term of imprisonment, and a special assessment of $100.00. U.S. District Judge Nannette Jolivette Brown set sentencing on December 3, 2015.
U.S. Attorney Polite praised the work of the Drug Enforcement Administration, with assistance from the New Orleans Police Department in investigating this matter. Assistant U.S. Attorney Brandon S. Long is in charge of the prosecution.
New Hartford Man Charged with Child Pornography and Enticement OffensesRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that DANIEL JESSE CONRAD, 31, of New Hartford, has been charged by federal criminal complaint with production and possession of child pornography, and enticing minors to engage in sexually explicit conduct during online video chats and to send him sexually explicit pictures.
CONRAD, who was arrested on August 19, 2014 on related state charges, surrendered to federal authorities yesterday and appeared before U.S. Magistrate Judge Sarah A. L. Merriam in New Haven. He was released on a $25,000 bond and electronic monitoring.
According to the criminal complaint, CONRAD’s charges relate to conduct involving three different minor females. The complaint alleges that CONRAD met one of the minor females in February 2014 through Omegle, an internet video chatting service. The minor was 15 years old at the time and lived in Connecticut. After their initial conversation, CONRAD and the minor female began communicating regularly through the Kik text messaging and photo sharing application on their cell phones. On March 1, 2014, the two met in person, and CONRAD drove the minor to Massachusetts where they engaged in sexual activity. On five or six occasions between March 1 and June 5, 2014, CONRAD picked up the minor and drove her to his residence where they engaged in sexual intercourse. During some of the encounters, CONRAD used his iPhone to take photographs of the minor engaged in sexual activity. CONRAD also persuaded and enticed the minor to take sexually explicit pictures of herself and send them to him via the Kik application.
The complaint also alleges that CONRAD had more than 40 videos of recorded online video webcam sessions between CONRAD and a second minor female, who was also 15 years old and lived in New York. The videos were created between October 2013 and March 2013 and depict the minor engaging in sexually explicit conduct. The complaint further alleges that CONRAD had sexually explicit pictures of a third female, who has not yet been identified but appears to be a minor, saved on his iPhone.
The charge of production of child pornography carries a mandatory minimum term of imprisonment of 15 years and a maximum term of imprisonment of 30 years, the charge of enticement carries a mandatory minimum term of imprisonment of 10 years and a maximum term of imprisonment of life, and the charge of possession of child pornography carries a maximum term of imprisonment of 10 years.
U.S. Attorney Daly stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by Homeland Security Investigations and the Connecticut State Police. The case is being prosecuted by Assistant U.S. Attorney Neeraj N. Patel.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
New Hampshire Man Pleads Guilty to Firearm and Drug ChargesRead the Press Release
CONCORD, N.H. – Robert Pierre, 35, of Rochester, New Hampshire, pleaded guilty in United States District Court for the District of New Hampshire to being a felon in possession of a firearm and possession of a controlled substance with the intent to distribute, announced Acting United States Attorney Donald Feith.
On February 1, 2014, Pierre was operating a 2002 Volvo S60 in Durham, New Hampshire when he was stopped for a motor vehicle violation by a New Hampshire State Trooper. As the Trooper approached the vehicle, Pierre opened the driver's side door. The Trooper immediately detected the odor of unburnt marijuana. The Trooper also smelled the odor of marijuana emanating from the area of the vehicle trunk and observed a "corner bag" in the passenger compartment of the vehicle. A pat-frisk of Pierre revealed that he was carrying $1300.00 in cash.
A judicially authorized search of the vehicle revealed several baggies of illegal drugs in a jacket on the front passenger seat and within the trunk. The troopers also found three digital scales and a Taurus .22 caliber handgun. The drugs were individually wrapped and the scales had a powder-like residue and a residue consistent with marijuana. The drugs were analyzed and tested positive for marijuana, methylone, crack cocaine, cocaine, heroin and benzylpiperazine (BZP).
At the time of the traffic stop and his possession of the handgun, Pierre was a prohibited person under the federal firearms laws because he had been convicted of an offense punishable by more than one year in prison.
Pierre faces a maximum sentence of twenty years imprisonment. Pierre is scheduled to be sentenced on December 22, 2015. Pierre was detained pending sentencing.
The case was investigated by the New Hampshire State Police and the Bureau of Alcohol, Tobacco, Firearms & Explosives and is being prosecuted by Assistant U.S. Attorney Debra M. Walsh.
New Brunswick Man Sentenced OnRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Daniel Hebert, 42, formerly of Barrie, Ontario, Canada, who was convicted of importing more than 100 kilograms of marijuana from Canada into the United States and failure to appear for court proceedings, was sentenced to 37 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that on November 5, 2005, Hebert entered the United States at the Peace Bridge Port of Entry driving a tractor trailer and was pulled over for a secondary inspection. During a search of the trailer, officers located multiple plastic baggies containing a green, leafy substance in seven cardboard boxes hidden among boxes containing frozen waffles.
Hebert told Special Agents of Immigration and Customs Enforcement that the marijuana was to be delivered to a man named "Brian" at Jim's Truck Plaza in Cheektowaga, NY. The defendant agreed to cooperate with the investigation, and the marijuana was removed and the boxes were placed back inside the trailer. Officers surveilled Hebert as he drove to Jim's Truck Plaza, and met with a white male, who thereafter entered a white conversion van. Officers then surveilled the white conversion van and Hebert as he drove the tractor trailer to Pilot Air Freight on Broadway in Buffalo. The white conversion van backed in next to Heberts tractor trailer and two co-defendants, Brian Brady and Thomas Goodyer, exited the van and walked to the rear of the tractor trailer. The doors to Hebert’s trailer were opened, and Brady and Goodyer were arrested after the boxes that had contained marijuana were being handed to Brady and Goodyer.
Herbert was charged by criminal complaint on November 7, 2005. The defendant appeared before a federal Magistrate Judge who ordered Hebert released with various conditions, including that Hebert post $10,000 bail and attend all court proceedings. The defendant failed to appear at a court appearance on May 26, 2006. On June 28, 2006, after Hebert failed to appear for another required proceeding, an arrest warrant was issued for the defendant.
Brian Brady and Thomas Goodyer have been convicted. Brady has been sentenced while Goodyer is awaiting sentencing.
The sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent in Charge J. Michael Kennedy and Customs and Border Protection, under the direction of Rose Hilmey, Acting Director of Field Operations.
Muskogee Woman Sentenced to 60 Months Probation, $42,000 Restitution for Making False StatementRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that DENISE WOODARD, age 59, of Muskogee, Oklahoma, was sentenced to 5 years probation for MAKING A FALSE STATEMENT, in violation of Title 18, United States Code, Section 1001(a)(2). WOODARD was also ordered to pay $42,684 in restitution.
The charge arose from an investigation by the Department of Veterans Affairs, Office of Inspector General. The defendant pled guilty to an Information in June, 2015.
The Information alleged that on or about February 1, 2012, in the Eastern District of Oklahoma, the defendant did knowingly make and cause to be made a materially false, fictitious, and fraudulent statement and representation in a matter within the jurisdiction of the Department of Veteran Affairs, an agency of the United States, in that on a Department of Veteran Affairs form known as "Improved Pension Eligibility Verification Report" DENISE WOODARD stated she was receiving no income, when in truth and fact, as defendant well knew, she was receiving pension benefits from another source.
The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearing.
Assistant United States Attorney Chris Wilson represented the United States.
Muskogee Man Sentenced to 168 Months for RobberyRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that MATTHEW EUGENE TRIPLETT, age 44, of Muskogee, Oklahoma, was sentenced to 168 months imprisonment, followed by 36 months of supervised release for CONSPIRACY TO INTERFERE WITH COMMERCE BY ROBBERY, in violation of Title 18, United States Code, Section 1951.
The charge arose from an investigation by the Muskogee Police Department and the Federal Bureau of Investigation Violent Crime Task Force. The defendant pled guilty in May, 2015.
The Indictment alleged that from on or about January 15, 2014, through on or about January 22, 2014, in the Eastern District of Oklahoma, the defendant, MATTHEW EUGENE TRIPLETT, conspired with others, known and unknown to the grand jury, to commit robbery, which unlawfully obstructed, delayed, and affected commerce.
The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in the custody of the United States Marshal Service pending transportation to the designated federal prison at which he will serve his nonparolable sentence.
Assistant United States Attorney Rob Wallace represented the United States.
Montgomery Man Sentenced to 465 Months for Federal Carjacking, Drug Crimes, and Gun CrimesRead the Press Release
Montgomery, Ala. – Seandarius Savage (21), a resident of Montgomery, was sentenced on September 3, 2015, by visiting United States District Judge Roy B. Dalton, Jr., from the United States District Court for the Middle District of Florida to 465 months in prison and 5 years of supervised release for federal carjacking, drug crimes, and gun crimes, announced U.S. Attorney George L. Beck, Jr. for the Middle District of Alabama.
Previously, a federal grand jury returned an indictment against Savage charging him with possession of marijuana with intent to distribute, possession of a firearm in furtherance of a drug-trafficking crime, carjacking, and using a firearm during the carjacking.
According to the evidence presented at trial, in August of 2013 Savage was found with one pound of marijuana, a firearm, and over $4500 in cash in Montgomery. Additional evidence showed that Savage also committed a carjacking after using force to enter a home in Wetumpka. During that crime, Savage masked his face and used a gun to take the vehicle. Upon questioning by law enforcement, Savage admitted that the marijuana belonged to him and that the money was from selling drugs. Savage also admitted to going to the Wetumpka residence in disguise to commit a robbery, but he denied the carjacking. After hearing the evidence presented at trial in April of this year, a jury found Savage guilty of all four-counts in the indictment.
Visiting United States District Judge Roy B. Dalton Jr., sentenced Savage to 465 months in federal prison to be followed by 5 years of supervised release. Savage remains in the custody of the United States Marshals Service pending placement by the Bureau of Prisons.
"This significant sentence handed down by Judge Dalton marks the culmination of the efforts by ATF and our Federal, state and local law enforcement partners to remove yet another violent criminal from the streets of Montgomery." - William Bass, Resident Agent in Charge, ATF Montgomery Field Office
FBI Mobile Special Agent in Charge Robert Lasky stated: “The FBI’s commitment to our Federal, state and local law enforcement partners to investigate violent offenders remains unwavering.”
“My office remains committed to prosecuting those who have no regard for the law or the safety of our communities,” stated U.S. Attorney Beck. “I applaud the hard work and dedication of each agency that was involved in bringing this violent offender to justice.”
This case was jointly investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Federal Bureau of Investigation’s Safe Streets Violent Gang Task Force; the Montgomery Police Department; and the Elmore County Sheriff’s Office. Assistant United States Attorneys Hollie Worley and Jerusha T. Adams prosecuted the case.
Moldovan Citizens Charged in Skimming ScamRead the Press Release
Viktor Popa, 23, and Ianic Repesciuc, 25, both citizens of Moldova, were charged today by indictment with conspiracy to commit bank fraud, bank fraud, and aggravated identity theft. These offenses arise from the defendants’ scheme to place card reading devices, commonly known as “skimmers,” and hidden cameras in a position to capture access device numbers and Personal Identification Numbers (PINs) from unsuspecting customers using ATM facilities at TD Bank branches in Pennsylvania, New York and Connecticut, in order to steal money under the care, custody, and control of TD Bank using those stolen account numbers and PINs.
If convicted, each defendant faces a maximum possible sentence of 39 years in prison.
The case was investigated by Homeland Security Investigations (“HSI”) and the United States Secret Service. It is being prosecuted by Assistant United States Attorney Joel D. Goldstein.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Minnesota National Guardsman Pleads Guilty to Producing Child Pornography While Deployed to AfghanistanRead the Press Release
A Minnesota National Guardsman pleaded guilty today to inducing a 14-year-old girl to create and send to him sexually explicit photos over the Internet while he was deployed to Afghanistan.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney Andrew M. Luger of the District of Minnesota made the announcement.
Andrew Schiller, 28, of Lakeville, Minnesota, pleaded guilty before U.S. District Judge Susan Richard Nelson of the District of Minnesota to one count of production of child pornography. The sentencing hearing will be scheduled at a later date.
According to his guilty plea, between Sept. 23, 2013, and Jan. 12, 2014, while deployed to Afghanistan, Schiller contacted a 14-year-old female from Minnesota online, and requested that she create and forward to him via the Internet sexually explicit photos of herself. The victim did, in fact, send several images in response to Schiller’s requests, including at least one sexually explicit image. Schiller further admitted that he communicated online with numerous other minors, including a 14-year-old and a 15-year-old, and that he attempted to convince the minors to send to him via the Internet sexually explicit videos or images of themselves.
This case is being investigated by the Army Criminal Investigative Division and the FBI, and anyone with additional information about this case should call the FBI Minneapolis Field Office at 763-569-8000. This case is being prosecuted by Trial Attorney Jeffrey H. Zeeman of the Criminal Division’s Child Exploitation and Obscenity Section and Assistant U.S. Attorney Katherine T. Buzicky of the District of Minnesota.
This case was brought as part of Project Safe Childhood, a nationwide initiative, launched in May 2006, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov. In addition, if you know of any child who may have been a victim of exploitation, please contact the National Center for Missing or Exploited Children (NCMEC) at 1-800-THE-LOST (1-800-843-5678) or visit NCMEC’s web site at www.missingkids.com.
Schiller Plea Agreement
Minnesota National Guardsman Pleads Guilty to Producing Child Pornography While Deployed to AfghanistanRead the Press Release
U.S. Attorney Andrew M. Luger and Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division today announced the guilty plea of a Minnesota National Guardsman to inducing a 14-year-old girl to create and send to him sexually explicit photos over the Internet while he was deployed to Afghanistan.
Andrew Schiller, 28, of Lakeville, Minnesota, pleaded guilty before U.S. District Judge Susan Richard Nelson of the District of Minnesota to one count of production of child pornography. The sentencing hearing will be scheduled at a later date.
According to his guilty plea, between Sept. 23, 2013, and Jan. 12, 2014, while deployed to Afghanistan, Schiller contacted a 14-year-old female from Minnesota online, and requested that she create and forward to him via the Internet sexually explicit photos of herself. The victim did, in fact, send several images in response to Schiller’s requests, including at least one sexually explicit image. Schiller further admitted that he communicated online with numerous other minors, including a 14-year-old and a 15-year-old, and that he attempted to convince the minors to send to him via the Internet sexually explicit videos or images of themselves.
This case is being investigated by the Army Criminal Investigative Division and the FBI, and anyone with additional information about this case should call the FBI Minneapolis Field Office at 763-569-8000. This case is being prosecuted by Trial Attorney Jeffrey H. Zeeman of the Criminal Division’s Child Exploitation and Obscenity Section and Assistant U.S. Attorney Katherine T. Buzicky of the District of Minnesota.
This case was brought as part of Project Safe Childhood, a nationwide initiative, launched in May 2006, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov. In addition, if you know of any child who may have been a victim of exploitation, please contact the National Center for Missing or Exploited Children (NCMEC) at 1-800-THE-LOST (1-800-843-5678) or visit NCMEC’s web site at www.missingkids.com.
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Merrimack College Professor Pleads Guilty to Possession of Child PornographyRead the Press Release
BOSTON – The former chairman of Merrimack College’s Civil Engineering Department pleaded guilty yesterday to possession of child pornography.
Gary S. Spring, 61, of Danvers, pleaded guilty to one count of possession of child pornography after being charged in September 2014. U.S. District Court Judge Richard G. Stearns scheduled sentencing for December 9, 2015. Spring was also the administrator of the college’s residential summer camp for middle and high school aged children.
In June 2014, Merrimack College in North Andover uncovered suspicious activity associated with one of the college’s loaner computers through virus threat detection alerts. An internal investigation determined that the computer had been loaned out to Spring, and that Spring had been logged on when the alerts were triggered. Further investigation determined that the computer was used to access child pornography.
Search warrants were executed at Spring’s office at Merrimack College and his residence in Danvers. During an interview with law enforcement officers, Spring admitted to viewing and saving child pornography on various electronic media devices, destroying evidence of his child pornography collection by throwing away two thumb drives, and by wiping and recycling his personal computer. Forensic examination revealed that over 300 images of child pornography were viewed on the computer.
The charging statute provides a sentence of no greater than 20 years in prison, five years to a lifetime of supervised release, and a fine of $250,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz; Joseph R. Bonavolonta, Acting Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; North Andover Police Chief Paul J. Gallagher; and Merrimack College Police Chief Michael DelGreco, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Eve A. Piemonte of Ortiz’s Major Crimes Unit.
Members of the public who have questions, concerns or information regarding this case should call 617-748-3274.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
McPherson Couple Pleads Guilty to Employing Undocumented WorkersRead the Press Release
WICHITA, KAN. – A married couple from India having no lawful status in the United States pleaded guilty Thursday to charges related to unlawful employment of undocumented workers, U.S. Attorney Barry Grissom said.
The couple, Satishkumar A. Patel, 47, and Daxaben S. Patel, 36, both of McPherson, Kan., entered their guilty pleas Thursday before U.S. District Eric F. Melgren. Judge Melgren set sentencing for Nov. 25.
Satishkumar Patel pleaded guilty to engaging in a pattern or practice of employing undocumented workers, failure to collect federal income and Social Security taxes, and operating an unlicensed money remitting business. His wife, Daxaben Patel, pleaded guilty to the unlicensed money remitting business charge. The charges carry maximum penalties of five years in prison and a $250,000 fine.
As part of the plea agreement, the Patels agreed to forfeit more than $700,000 in cash, money from bank accounts, and gold seized by the government in the case. Those assets represent proceeds of the Patel’s unlawful activities.
“This is what happens when employers ignore U.S. employment, business and tax laws,” Grissom said. “They face prosecution for their crimes and the loss of assets obtained in connection with those crimes. Contrary to what some may think, it is not legal to employ people not authorized to work in this country, nor is it legal to ignore our business and tax laws.”
The case came about when inspectors from the Kansas Department of Revenue Alcohol Beverage Control division observed employees at the Route 56 Express gas station and convenience store in McPherson selling tobacco products to minors. The investigators determined that several employees at Route 56 Express were not lawfully in the United States, nor were they authorized to be employed. Local and federal investigators then assisted, which led to the return of federal indictment in June.
Grissom praised the investigative agencies that worked on the case, which included the KDOR Office of Special Investigations, Homeland Security Investigations, the McPherson, Kan., Police Dept., the Kansas Department of Labor and the Social Security Administration Office of Inspector General. The case is being prosecuted by Assistant U.S. Attorney Brent Anderson.
McAllen Area Durable Medical Equipment Company Owner Pleads Guilty to Health Care FraudRead the Press Release
McALLEN, Texas ‐ The owner of Illusion Medical Equipment and Illusion Medical Equipment II LLC in McAllen has been convicted of health care fraud and aggravated identity theft, announced United States Attorney Kenneth Magidson. Willie Chester Mitchell, 33, of McAllen, entered his guilty plea today before Chief U.S. District Judge Ricardo Hinojosa.
Mitchell admitted to submitting fraudulent claims to Texas Medicaid for incontinence and diabetic supplies that were not delivered as claimed. Mitchell further admitted that to conceal his fraud, phony delivery tickets were created and doctors’ signatures were forged on the required durable medical equipment prescription forms also known as Title XIX forms. Mitchell illegally used the identity of a former employee on numerous unlawful billings.
Sentencing has been set for Dec. 11, 2015, at 9:00 a.m. At that time, Mitchell faces up to 10 years in federal prison and a possible $250,000 fine for the health care fraud. For the aggravated identity theft, he faces a mandatory two years in prison which must be served consecutively to any other prison sentence imposed.
The investigation leading to the charges was conducted by the Texas Attorney General’s Medicaid Fraud Control Unit and the U.S. Department of Health and Human Services‐Office of Inspector General. Assistant United States Attorney Michael Day is prosecuting the case
Massachusetts Man Sentenced on Charge of Being A Felon in Possession of A FirearmRead the Press Release
CONCORD, N.H. – Ira Grayson, 29, of Dorchester, Massachusetts, was sentenced today in the United States District Court for the District of New Hampshire to 42 months after pleading guilty to being a felon in possession of a firearm announced Acting United States Attorney Donald Feith.
On December 8, 2014, the Boston Police Department Youth Violence Strike Force captured two videos of Grayson possessing firearms at a firing range. Law enforcement obtained documentation that showed on December 7, 2014, Grayson rented two firearms: an IMI, model UZI, 9 mm, machine gun and a Sig Sauer, model M400, 5.56 ml, semi-auto rifle. Grayson is a convicted felon and barred from possessing a firearm. Both firearms traveled through interstate commerce prior to Grayson possessing them.
"Prosecuting individuals who violate the federal firearms laws is a high priority for our office," stated Acting United States Attorney Donald Feith. "We will work with our law enforcement partners to identify, investigate, and bring to justice those persons who possess firearms when they are prohibited from doing so, whether that possession occurs on the street or on a firing range."
The case was investigated by the Boston Police Department Youth Violence Strike Force and the Bureau of Alcohol, Tobacco, Firearms & Explosives and is being prosecuted by Assistant U.S. Attorney Debra M. Walsh.
Man Sentenced to 24 Months in Federal Prison for Carrying Out "Romance" Scam on Internet Dating SiteRead the Press Release
DALLAS — A Canadian resident who ran a “romance” scam on an Internet dating site that caused nearly $300,000 in losses to victims, including some in North Texas, was sentenced today, announced U.S. Attorney John Parker of the Northern District of Texas.
Oluwaseun Oyesanya, 25, was sentenced by U.S. District Judge Jane J. Boyle to 24 months in federal prison and ordered to pay $287,103 in restitution. He pleaded guilty in October 2014 to one count of conspiracy to commit wire fraud. A co-conspirator in the case, Olusegun Damiola Fajolu, 30, of Oklahoma City, pleaded guilty to the same offense earlier this month and is scheduled to be sentenced on December 17, 2015.
Oyesanya has been in custody since his arrest in March 2014 at the Minneapolis/St. Paul airport by special agents with U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) on a related federal complaint. Fajolu was arrested in Oklahoma City on a separate, but related, federal criminal complaint in April 2015.
According to documents filed in the case, beginning at least in late March 2012 and continuing to March 10, 2014, Oyesanya used the internet alias of “Trisha Jones” to carry out a “romance” scam on the internet dating website, tagged.com. Oyesanya created an online profile for “Trisha Jones,” and using that alias, befriended individuals on the site, and then cultivated a relationship through email and instant messages until an online romantic relationship blossomed.
After establishing the relationship, Oyesanya convinced his victims into believing “she” was in trouble in a foreign country and needed funds wired to “her” as soon as possible. Once the victims agreed to assist “Trisha,” in what they believed was “her” hour of need, Oyesanya directed the victims where to wire the funds.
Co-defendant Fajolu received the funds either directly from the victims or through another co-conspirator. Fajolu would then wire the funds to Oyesanya or to Oyesanya’s family members in various countries, including Nigeria, knowing these funds were the proceeds of a fraud being perpetrated by Oyesanya. For his assistance, Fajolu would keep approximately 30 percent of the funds he received from victims. In addition, according to the filed complaint, Fajolu and another individual purchased a vehicle in Burleson, Texas, with funds from the “romance” scam and had it shipped to Nigeria for Oyesanya.
ICE HSI investigated. Assistant U.S. Attorney Brian Poe is in charge of the prosecution.
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Man Pleads Guilty to PossessingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Pablo Bacilio Miranda, 45, of Ransomville, NY, pleaded guilty to fraud involving immigration documents, before U.S. District Judge Richard J. Arcara. The charge carries maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Marie P Grisanti, who is handling the case, stated that on three occasions between September 2014 and June 2015, the defendant possessed and sold six sets of fraudulent Lawful Alien Registration Cards and social security cards. A valid Lawful Alien Registration Card verifies that the holder is lawfully admitted to the United States for permanent residence and gives the bearer the right to live and work permanently in the United States. The card is also provided to U.S. employers as proof of authorization to work in the United States.
The plea is the culmination of an investigation by the Immigration and Cistoms Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-In-Charge J. Michael Kennedy.
Sentencing is scheduled for December 23, 2015, at 12:30 p.m. before Judge Richard J. Arcara.
Louisiana Man Sentenced on Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Karl David Audirsch, 40, of Louisiana, who was convicted of conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine, was sentenced to 87 months in prison by U.S. District Judge Richard J. Arcara. The defendant was also ordered to forfeit $945,000 in cash.
Assistant U.S. Attorney Thomas S. Duszkiewicz, who handled the case, stated that the investigation focused on the drug trafficking activities of Letorrance Travis and his associates. On November 6, 2011, agents from the Drug Enforcement Administration and the Federal Bureau of Investigation seized approximately 14 kilograms of cocaine, $176,790 in United States currency, and four vehicles through a series of controlled acquisitions of cocaine and searches of several residences. The organization used minivans with hidden traps, one of which was later found to contain an additional 10 kilograms of cocaine, to transport kilograms of cocaine from Dallas, Texas to Buffalo.
The defendant was arrested in November 2011 along with Letorrance Travis, of Buffalo, and Luis Manuel Zuniga of Texas. Zuniga has also entered a plea and is awaiting sentencing, while Travis was recently indicted in a Racketeering Conspiracy which remains pending as well as this Indictment.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division, the Federal Bureau of Investigation, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Lockport Police Department, under the direction of Chief Lawrence Eggert, the Tonawanda Police Department, under the direction of Chief Jerome Uschold, the Amherst Police Department, under the direction of Chief John Askey, the Lancaster Police Department, under the direction of Chief Gerald Gill and the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard.
Long Prison Sentences for Modesto Man and Shasta County Man for Sexual Exploitation of ChildrenRead the Press Release
SACRAMENTO, Calif. — A Modesto man was sentenced today to 23.5 years in prison for producing child pornography, and a Shasta County man was sentenced today to eight years and one month in prison for receiving child pornography, United States Attorney Benjamin B. Wagner announced.
“Protecting the most vulnerable members of society is one of this office’s top priorities, and no one is more vulnerable than child victims of sexual exploitation crimes,” said U.S. Attorney Wagner.
“All children deserve a safe and healthy childhood free from abuse and exploitation. These crimes are among the most heartbreaking and abhorrent we investigate, especially when such are committed by someone the child trusts,” said Assistant Special Agent in Charge Manuel Alvarez of the Federal Bureau of Investigation’s Sacramento field office. “We are committed to identifying and investigating individuals who commit crimes against children to ensure justice for the young victims and safety for others.”
“The sexual exploitation of children is wrong and will not be tolerated,” said Tatum King, deputy special agent in charge of HSI San Francisco. “Together with our law enforcement partners, Homeland Security Investigations will bring to justice anyone involved in such heinous acts.”
United States District Judge Troy Nunley sentenced Danny M. Shatswell Jr., 44, of Modesto, to 23 years and six months in prison for producing visual depictions of a minor engaged in sexually explicit conduct. According to court documents, Shatswell used a webcam to produce sexually explicit images of a minor. The minor victim reported to law enforcement that Shatswell was abusing her, and when Shatswell’s electronic devices were searched, sexually explicit images were found that Shatswell produced of his victim in 2010 and 2011.
This case was the product of an investigation by the Federal Bureau of Investigation, the Modesto Police Department, and the Sacramento County Sheriff's Office’s High Tech Crimes Task Force. Assistant U.S. Attorney Michelle Rodriguez prosecuted the case.
Judge Nunley also sentenced Jason B. Scarcello, 45, of Anderson, today to eight years and one month in prison for receipt of child pornography. According to court documents, between April and June 2012, Scarcello used a file-sharing program to download multiple movies depicting the sexual exploitation of children. Scarcello was arrested on July 25, 2012, after agents executed a federal search warrant at his residence and discovered CDs and DVDs containing sexually explicit images and videos of children. According to the search warrant affidavit, suspicions about Scarcello first arose after investigators determined that he had engaged in computer chats with a previously charged suspect in Kansas. From August 2010 through March 2012, Scarcello and the Kansas man discussed in computer chats the abuse of child victims.
This case was the product of an ongoing investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Assistant United States Attorney Matthew Morris prosecuted the case.
These cases were brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about Internet safety education.
Local Woman Heads to Federal Prison for Two Separate Fraud SchemesRead the Press Release
HOUSTON – A 38-year-old resident of Humble has been ordered to federal prison following her convictions in two separate schemes to defraud, announced U.S. Attorney Kenneth Magidson.
Cheryl Reed Johnson aka Shawnee Reed and Cheryl Reed pleaded guilty to engaging in a conspiracy to commit bank, mail and wire fraud as well as making false statements to a bank and wire fraud in the first case as well as conspiracy to commit mail and wire fraud, conspiracy to make false claims to the IRS and making a false claim to the IRS in another case.
Today, U.S. District Judge Gray Miller, who accepted the guilty pleas in both cases, ordered Johnson serve a total of 151 months in federal prison to be immediately followed by three years of supervised release. She was further ordered to pay $2,742,018.25 in restitution to her victims.
In the first scheme, Johnson illegally used various Social Security numbers not assigned to her by the Commissioner of Social Security from approximately January 2005 through February 2014. She would use those numbers in order to obtain loans from banks and other lending institutions to purchase houses and vehicles as well as to obtain credit cards and personal loans.
The second case was a tax refund fraud conspiracy. This scheme involved the electronic submission of federal tax returns in the names of numerous individuals, each of which falsely claimed tax credits that resulted in a refund. Johnson and others claimed more than $2.2 million in false first time home buyer credits on 2008 returns they filed with the IRS. The fraudulent claims resulted in Johnson and her co-conspirators claiming more than $2.3 million in fraudulent refunds. The defendants directed most of those refunds into their bank accounts or those of their co-conspirators
She will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Both cases are the result of investigations conducted by the U.S. Postal Inspection Service and IRS - Criminal Investigation. Assistant U.S. Attorney Melissa Annis is prosecuting the cases.
Last Defendant Sentenced in Case Involving Unregistered SecuritiesRead the Press Release
SACRAMENTO, Calif. — Ken Sarna, 50, of Vallejo, was sentenced today by United States District Judge Troy L. Nunley to two years and six months in prison for one count of selling unregistered securities, United States Attorney Benjamin B. Wagner announced.
According to court documents, Sarna was the Director of Operations for Heaven Investments Holding Corporation (HIHC), a Sacramento company that was family-owned and operated by, among others, codefendants Akbar Bhamani, Zain Bhamani, and Aly Bhamani. From February 2007 through August 2008, HIHC solicited investors to participate in its investment programs, including the Tenants in Common (TIC) program. The TIC program was to use investor money to develop four properties, including a hotel in Oakland. HIHC sold fractionalized ownership interests to investors in each of the properties. These fractionalized interests qualified as securities, but were never registered with the SEC. Investors in HIHC lost between $2.5 million and $7 million.
In sentencing memoranda previously filed with the District Court in this case, the government argued that the sale of unregistered securities was related to the operation of HIHC as a Ponzi scheme, and that the company made various misrepresentations to investors about its holdings and how the investors’ money would be secured. At the sentencing of Akbar Bhamani, the government argued that none of the investors were told that HIHC was on the verge of collapse, and as late as May and June of 2008 — just months before the company declared bankruptcy — the defendants were still bringing in large investments with promises that HIHC was a “slam dunk” investment.
The court previously sentenced Akbar Bhamani, the founder and CEO of HIHC, to eight years in prison after hearing from a number of investors who described the devastating impact of their losses to HIHC. In some cases, investors lost their retirement and life savings. The court sentenced co-defendants, Zain Bhamani to two years and nine months in prison and Aly Bhamani to 11 months in prison. Shaun Bhamani was sentenced to four months in prison for his failure to report a mortgage fraud that was related to HIHC’s failed investment programs. Judge Nunley has ordered the defendants to pay restitution, the amount of which will be determined at a later proceeding.
This case was the product of an investigation by the Federal Bureau of Investigation and the Internal Revenue Service-Criminal Investigation. Assistant United States Attorney Michele Beckwith prosecuted the case.
Laredo Jury Convicts Laredo Man of Transporting Undocumented AliensRead the Press Release
LAREDO, Texas – A federal jury sitting in Laredo has convicted a local man of conspiracy and transporting undocumented immigrants for private financial gain, announced United States Attorney Kenneth Magidson. Jose Javier Villafranca, 46, of Laredo, was convicted on all counts as charged after only two hours of deliberation today.
Villanfranca had attempted to smuggle six undocumented immigrants through a United States Border Patrol checkpoint in the tractor trailer that he was operating on July 5, 2015. The undocumented immigrants were discovered when a U.S. Border Patrol canine unit alerted to their presence in the truck’s trailer.
At trial, the jury heard testimony from Border Patrol agents who described the circumstances leading to their discovery of the undocumented Guatemalans and Villafranca’s arrest. Two of the illegal aliens testified at trial detailing how they had been transported to Villafranca’s tractor-trailer where Villafranca instructed them to get inside where they remained until discovered at the checkpoint.
U.S. District Judge Marina Garcia Marmolejo presided over the trial and has set sentencing for Jan. 6, 2016. At that time, Villafranca faces a maximum of 20 years in prison and a possible $250,000 fine.
The investigation leading to the charges was conducted by Border Patrol. Assistant U.S. Attorneys Mike Eaton and Homero Ramirez prosecuted the case.
Justice Department awards Cuyahoga County Prosecutor's Office nearly $2 million to bring rapists to justiceRead the Press Release
The United States Department of Justice announced that the Cuyahoga County Prosecutor’s Office and its partners will receive nearly $2 million over the next three years to accelerate the work of bringing rapists to justice, assisting the survivors of those crimes and changing the culture of law enforcement here and throughout the country when it comes to investigating sexual assaults.
The announcement was part of $41 million in grant awards to 20 jurisdictions to eliminate or reduce the number of untested sexual assault kits across the country. The announcment was made in New York by Vice President Joe Biden and Attorney General Loretta E. Lynch.
“Rape kits are an essential tool in modern crime fighting — not only for the victim, but, for the entire community. Studies show we solve up to 50 percent of previously unsolved rapes when these kits are tested. When we solve these cases, we get rapists off the streets. For most survivors, seeing their rapists brought to justice, and knowing that they will not return, brings peace of mind and a sense of closure. The grants we’re announcing today to reduce the national rape kit backlog will bring that sense of closure and safety to victims while improving community safety,” Vice President Biden said.
“The groundbreaking initiative we are announcing today is part of the Justice Department’s longstanding efforts to support survivors of sexual violence and to bring abusers to justice,” said Attorney General Loretta Lynch. “For anyone who has felt isolated and afraid, left out and left behind as a result of a sexual crime, our message is clear: we will not forget you. We will not abandon you. You are not alone.”
“The Department of Justice is proud to provide this $2 million to help Prosecutor McGinty and his office pursue and solve these tragic cases,” U.S. Attorney Steven M. Dettelbach said. “Rape survivors carry around the scars of these heinous crimes for decades, and we in law enforcement owe it to them to do everything in our power to track down rapists no matter how long and how difficult the road. Today’s DOJ grant recognizes that Tim McGinty’s vision and drive to do that is worthy of real support.”
“We are proud to be taking violent criminals off the streets, preventing future crimes and making Cleveland and Cuyahoga County safer,” Cuyahoga County Prosecutor Timothy J. McGinty said. “This money from the Justice Department will enable us to do even more and do it faster. We appreciate the vote of confidence and intend to earn every cent of this money.”
The National Sexual Assault Kit Initiative, a competitive grant program administered by the Justice Department’s Bureau of Justice Assistance (BJA), supports the comprehensive reform of jurisdictions’ approaches to evidence found in sexual assault kits that have never been submitted to a crime laboratory for testing. BJA created the initiative in consultation with the National Institute of Justice (NIJ), Office for Victims of Crime, (OVC), and Office on Violence Against Women (OVW). The goals of the initiative are to create a coordinated community response that ensures just resolution to these cases whenever possible through a victim-centered approach, as well as to build jurisdictions’ capacity to prevent conditions that lead to high numbers of untested kits. The funding awarded through DANY’s program will pay directly for testing kits, and the combined effort between BJA and DANY is projected to achieve testing of approximately 70,000 sexual assault kits. BJA and DANY partnered to reach as many jurisdictions as possible and also to identify jurisdictions where funding could be combined to adequately address kit backlogs.
The initiative is part of the Justice Department’s larger ongoing effort to comprehensively address the problem of sexual assault and to support victims. For example, NIJ maintains a webpage on Sexual Assault Investigations, Sexual Assault Kits: Using Science to Find Solutions, which provides information ranging from improving forensic sexual assault examinations to research findings on untested evidence in sexual assault cases. OVC provides a Sexual Assault Response Team Toolkit, which has over 1.4 million views to date and includes a checklist of recommendations for victim-centered policies and practices in developing a sexual assault response. OVW updated the National Protocol for Sexual Assault Medical Forensic Examinations and released a companion document on Recommendations for Administrators of Prisons, Jails, and Community Confinement Facilities for Adapting the U.S. Department of Justice's National Protocol for Sexual Assault Medical Forensic Examinations, Adults/Adolescents.
Since 2008, the National Institute of Justice (NIJ) has provided more than $825 million for DNA analysis in crime laboratories and for activities such as research dedicated to strengthening the accuracy and reliability of forensic science.
A complete listing of today’s federal award recipients can be found at www.bja.gov/SAKI
Jury Convicts Alabama Man of Importing MethamphetamineRead the Press Release
McALLEN, Texas – A federal jury sitting in McAllen has returned a conviction against an Alabama man for importing and possessing with intent to distribute approximately 16 kilograms of methamphetamine, announced United States Attorney Kenneth Magidson. James Marcus Malone, 42, of Boaz, Alabama, was convicted on all four counts as charged following two days of testimony and less than two hours of deliberation.
During trial, the jury heard that on March 20, 2015, Malone entered the U.S. at the Hidalgo, Texas Port of Entry, driving a Chevrolet Tahoe with Alabama license plates. Authorities soon determined he was linked to another vehicle and individual which subsequently arrived at the same Port of Entry just a few minutes later. The second vehicle, a Dodge Ram pickup truck, was driven by a man who presented an Alabama driver’s license. At the primary inspection area, a Customs and Border Protection (CBP) officer made initial contact with Malone and noticed he appeared nervous and incoherent when responding to questions regarding the purpose of his trip into Mexico. The officer then referred Malone to secondary inspection.
There, Malone denied knowing the other individual in the Dodge Ram pickup who was also from Alabama.
During a subsequent search of the Dodge Ram, CBP officers discovered approximately 16 kilograms of methamphetamine concealed within the muffler.
The jury also heard that Malone eventually admitted, during a post-Miranda interview, to knowing the other man from Alabama but claimed he was only dropping him off in Mexico to visit a recently deported girlfriend. Malone further stated during that interview that he assumed his travel companion was transporting narcotics, but that he forced himself to believe the story concerning the girlfriend and did not want full details.
However, the government presented evidence showing that Malone drove a group of conspirators from Alabama all the way to Reynosa for the purpose of picking up the Dodge Ram which was loaded with the narcotics. There was also evidence to suggest Malone, along with other conspirators, fabricated the story regarding the recently deported girlfriend in an attempt to ward off attention from law enforcement at the Port of Entry. A Homeland Security Investigations (HSI) agent testified and phone records proved Malone was in constant communications with a conspirator waiting for the load of narcotics to arrive in the Houston area prior to continuing back to Alabama.
Sentencing has been set for Dec. 17, 2015. At that time, Malone faces a mandatory minimum of 10 years and up to life in federal prison and a possible $10 million fine on each count of conviction. He will remain in custody pending that hearing.
The investigation leading to charges was conducted by CBP and HSI. Assistant U.S. Attorneys Alex Benavides and Michael Day are prosecuting the case.Independence Man Pleads Guilty to Drug-Trafficking Conspiracy Resulting in Two DeathsRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that an Independence, Mo., man pleaded guilty in federal court today to his role in a drug-trafficking conspiracy that resulted in the shooting deaths of three persons during a home invasion in Independence and the shooting of a 12-year-old boy in the home.
Kevin M. Finley, also known as “Tubbs,” 36, of Independence, pleaded guilty before U.S. District Judge Beth Phillips to participating in a conspiracy to distribute methamphetamine and to two counts of using a firearm during and in relation to the drug-trafficking conspiracy, causing the deaths of two persons.
Under the terms of today’s plea agreement, Finley will be sentenced to 27 years in federal prison without parole.
By pleading guilty today, Finley admitted that he and several co-defendants planned to steal as much as three pounds of methamphetamine by robbing the residence of Martin “Tomas” Dominguez-Gregorio in Independence. During the robbery attempt, in the early morning hours of Nov. 16, 2012, Martin “Tomas” Dominguez-Gregorio, his girlfriend, Maria Guadalupe Hernandez-Corona, and her son, Antonio Hernandez, were killed; Miguel Hernandez, Maria Hernandez’s then-12–year-old son, was wounded.
Finley met with co-defendants Raul Soto, also known as “Choch,” 24, of Kansas City, Kan., Carlos Zambrano, Jr., also known as “Los,” 29, of Kansas City, Mo., and Antonio Cervantes, III, also known as “Taz,” 34, of Independence, to plan the robbery on Nov. 15, 2012. Afterward, co-defendant Bobbi Jo Phillips, 39, of Independence, drove Finley to the victims’ residence on Pope Street in the truck she was driving. Zambrano drove Soto and Cervantes to the victims’ residence. Finley and Soto were both in possession of firearms.
Finley and Soto entered a shed behind the house. Finley admitted that they bound and beat two occupants inside the shed. One of those occupants was Antonio Hernandez. Finley and Soto then dragged Antonio Hernandez into the main house. Finley and Soto demanded drugs and money from the occupants, but the victims denied having any drugs or money. Finley and Soto both fired their weapons inside the house. Finley was responsible for the deaths of Dominguez-Gregorio and Hernandez-Corona, who were both killed by the gunfire. Soto was responsible for the death of Antonio Hernandez, who was killed by the gunfire. Miguel Hernandez was wounded as a result of the gunfire.
Following the robbery, a motorcycle and a TV were removed from the residence and placed into the back of Phillips’ truck.
Soto was sentenced on Nov. 18, 2014, to 27 years in federal prison without parole. Zambrano and Cervantes have pleaded guilty and await sentencing.
A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorneys Charles E. Ambrose and Patrick C. Edwards. It was investigated by the Independence, Mo., Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Kansas City, Mo., Police Department.
Houston Cousins Sentenced for Conspiring to Commit Bank FraudRead the Press Release
HOUSTON – Two family members have been ordered to federal prison following their convictions for conspiracy and committing bank fraud, announced United States Attorney Kenneth Magidson. Tonya Beverly, 39, and her cousin Demetria Jones, 41, pleaded guilty in February 2015 and August 2014, respectively.
Today, U.S. District Judge Gray H. Miller ordered Beverly to serve a total of 63 months in federal prison to be immediately followed by three years of supervised release. Jones received a sentenced of 12 months and one day in prison at a hearing held yesterday. Both were ordered to pay restitution in the amount of $106,383.51.
Beverly admitting to creating false and fraudulent USAA Federal Savings Bank accounts using stolen personal and financial identification information and stealing $205,719 from those accounts. Beverly stole the personal information from patient files of health care providers for whom she worked and admitted to using a phone that was fraudulently registered in the name of another victim of identity theft. Jones was photographed withdrawing cash from ATM machines on two of the fraudulent accounts and the court heard how Jones performed hundreds of account transactions on those cards, one of which was activated with a pre-paid phone.
At the hearing today, the court heard about the complex and sophisticated nature of the fraud scheme, which involved using the USAA Internet and telephone banking systems to conduct thousands of banking transactions, and the use of fraudulent home addresses, fake email addresses and fake phone numbers in addition to all the stolen personal identification information. In less than two years, the conspirators created 33 fraudulent accounts and transferred approximately $205,719 into those accounts from the real bank accounts of at least 35 individuals, affecting 16 different banks.
Several of the victims were elderly or sick, including one who was born in 1922 and one who was born in 1929. The amount of loss for each victim varied to sums up to $24,000. Debit cards issued by USAA in the victims’ real names were received by the conspirators at homes that had been listed for sale or vacant. The conspirators then used the cards to withdraw cash from ATM machines, including machines located in Hawaii and Texas, and to make purchases, including plane tickets to Los Angeles, California.
USAA Federal Savings Bank, a financial institution insured by the Federal Deposit Insurance Corporation, credited and returned the stolen money to the individual victims and their banks.
USAA suffered a total loss of $106,383.51 which the court ordered Beverly and Jones to repay as restitution.
A third conspirator, Leatrice Reynaud, 45, of Houston, is scheduled for sentencing on Oct. 2, 2015.
The investigation leading to the charges was conducted by the U.S. Secret Service. Assistant U.S. Attorney Julie Redlinger prosecuted the case.
Hinsdale Man Sentenced on Federal Marijuana and Money Laundering ChargesRead the Press Release
CONCORD, N.H. – Jeffrey Traverse, 39, of Hinsdale, New Hampshire, was sentenced in United States District Court for the District of New Hampshire on federal charges of conspiring to distribute marijuana, and conspiring to engage in money laundering, announced Acting United States Attorney Donald Feith. The Court imposed a term of 15 months’ imprisonment, followed by 3 years of supervised release.
Beginning around February of 2012, and continuing through the end of 2013, an individual in California grew, and regularly shipped, quantities of marijuana by mail to several individuals in Vermont and New Hampshire, one of whom was Jeffrey Traverse. To disguise the illicit source of the funds accrued from marijuana sales, Traverse agreed to deposit the cash into a business bank account held personally by the individual in California, to create the impression that the deposited funds derived from a legitimate business enterprise.
This prosecution arose from an investigation by the Sonoma County Sheriff’s Department, in conjunction with the Department of Homeland Security, Homeland Security Investigations in Manchester, New Hampshire, and the Keene, New Hampshire Police Department.
Hammond Woman Charged with Making False Income Tax ReturnsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that SHIMEKA MILTON-FLAX, age 36, of Hammond, was charged today in a one-count Bill of Information with making false income tax returns.
According to the Bill of Information, MILTON-FLAX knowingly prepared a materially false tax return for two individuals. The return reported business losses and expenses that were completely fictitious in order to fraudulently inflate the tax refund received from the Internal Revenue Service.
If convicted, MILTON-FLAX faces a maximum term of imprisonment of three years incarceration, one year of supervised release after any term of imprisonment, a $100,000 fine, and payment of the costs of prosecution.
United States Attorney Polite reiterated that the Bill of Information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the Internal Revenue Service – Criminal Investigations. Assistant United States Attorney G. Dall Kammer is in charge of the prosecution.
Gates Mills man charged for his role in penny-stock fraud that cost investors $27 millionRead the Press Release
A Gates Mills man was charged today for his role in a penny-stock fraud from which he illegally received more than $7 million, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland Office.
Jason M. Cope, 42, was charged in a criminal information with one count of conspiracy to commit securities fraud and wire fraud, one count of securities fraud, one count of securities law violations and four counts of wire fraud.
“Although the charges allege a sophisticated ‘penny stock’ scheme, there was nothing small-scale about this,” Dettelbach said. “The defendants in this case, through trickery and manipulation, made millions and millions of dollars on the backs of innocent investors.”
Cope served as president of several companies, including Worldbridge Partners, Inc. and Structured Management, Inc. He was a former broker but was not a registered securities broker and since 2003 was barred from having any association with any members of the Financial Industry Regulatory Authority, according to the information.
Zirk de Maison controlled several companies. He used several people, including Cope, to identify and solicit investors to purchase shares in his various companies. de Maison, Cope and others used promoters in so-called “boiler rooms” to cold call and solicit potential investors. These calls usually happened in conjunction with favorable press releases or other information de Maison caused to be released, according to the information.
Cope, de Maison and others worked on several occasions between 2009 and 2014 to fraudulently manipulate to price of the companies de Maison controlled. Cope received more than $7.6 million in commissions from de Maison from participating in the conspiracy, according to the information.
Overall, investors lost more than $27 million through the fraudulent manipulation of the stock prices. de Maison, of California, and others have previously been charged for their roles in the conspiracy.
These cases are being prosecuted by Assistant U.S. Attorneys Christos N. Georgalis and Adam Hollingsworth following an investigation by the Federal Bureau of Investigation.
If convicted, the defendant’s sentence will be determined by the court after a review of the federal sentencing guidelines and factors unique to the case, including the defendant’s prior criminal record (if any), the defendant’s role in the offense and the characteristics of the violation.
A charge is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Gardner Woman Pleads Guilty to Fraudulently Receiving Disability Benefits and Food StampsRead the Press Release
BOSTON – A Gardner, Mass. woman pleaded guilty today in U.S. District Court in Worcester to fraudulently receiving over $100,000 in public benefits.
Heidi Narcisse, 45, pleaded guilty to two counts of theft of public money. Narcisse was charged in a felony Information in August 2015. Sentencing is scheduled for Dec. 9, 2015.
Narcisse began collecting Social Security Supplemental Security Income (SSI) disability benefits in 1999 and Supplemental Nutrition Assistance Program (SNAP) benefits in 2011. To be eligible for these benefits, a person must have very limited income and financial resources, and a person’s spouse’s income can make a person financially ineligible for benefits. In order to receive these benefits, Narcisse repeatedly and falsely stated that she was separated from her husband, lived alone with her children, and had no outside support. In reality, in July 2006, Narcisse and her husband bought a house together in Gardner, listed that house as their residential address on their respective driver’s licenses, and filed joint tax returns listing the same address. In addition, Narcisse’s husband, who had income from his job, regularly gave Narcisse money for household expenses. If Narcisse had truthfully reported her living situation and her husband’s financial support, she would not have been eligible to receive the SSI and SNAP benefits. From 2006 to 2014, Narcisse illegally received $100,512 in SSI benefits, and from 2011 to 2015 she received $17,012 in SNAP benefits.
The charge of theft of public money provides a sentence of no greater than 10 years in prison, three years of supervised release, a fine of $250,000 and restitution. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; and Suzanne M. Bump, State Auditor of the Commonwealth of Massachusetts, made the announcement today. The case is being prosecuted by Special Assistant U.S. Attorney Timothy Landry of Ortiz’s Major Crimes Unit.
Former Swinomish Tribal Employee Charged with Wire Fraud and Theft of Tribal FundsRead the Press Release
A former Fish and Game Enforcement Officer for the Swinomish Tribe was charged last week in U.S. District Court with nine counts of wire fraud and two counts of theft of tribal funds for his scheme to steal Tribal funds, announced U.S. Attorney Annette L. Hayes. ROBERT SCOTT MILLER, 44, of La Conner, Washington, was a Swinomish Fish and Game Enforcement Officer for eighteen years. According to the criminal complaint, between 2012 and 2015 MILLER made multiple purchases with a Tribal credit card and kept the items he purchased for his own personal use. MILLER made his initial appearance in U.S. District Court in Seattle last week.
According to records filed in the case, MILLER purchased items for his boat using the Tribal credit card. The purchases included various boat parts including a fuel pump, fuel gauge, waterproof Bose speakers, hatches, cleats and fuel for the boat. MILLER also allegedly purchased a chain saw, rifle bags, lighting and a shop vac using Tribal funds. The items were for his personal use and were not approved purchases for the Swinomish Tribe. The purchases total more than $4200.
Wire fraud is punishable by up to 20 years in prison. Theft of Tribal funds is punishable by up to one year in prison.
The charges contained in the complaint are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
MILLER is scheduled for a preliminary hearing on the charges on September 17, 2015.
The case was investigated by the Swinomish Police Department and the FBI. The case is being prosecuted by Assistant United States Attorney Ye-Ting Woo.
Former Letter Carrier Admits to Receiving over $62,000 in Bogus Travel Expenses for Medical CareRead the Press Release
Greenbelt, Maryland – Leroy T. King, Jr., age 54, of Bryans Road, Maryland pleaded guilty today to mail fraud in connection with a scheme to fraudulently receive reimbursement for travel expenses for medical care related to an injury sustained on the job.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Paul L. Bowman of the U.S. Postal Service, Office of Inspector General; and Special Agent in Charge Steven Anderson, of the Washington Regional Office, U.S. Department of Labor - Office of Inspector General, Office of Labor Racketeering and Fraud Investigations.
According to his plea agreement, King was a letter carrier for the U.S. Postal Service at the Capitol Heights, Maryland post office. On September 4, 2004 King sustained an injury at work and received worker’s compensation until he returned to work in August 2008. King was eligible to receive reimbursement for travel expenses to and from medical appointments related to his injury.
From November 2009 to March 2015, King submitted vouchers to the Office of Worker’s Compensation Programs (OWCP) for the reimbursement of travel expenses for approximately 2,145 trips for medical care. Approximately 95 of those trips were actually for medical care received by King. However, King admitted that for the remaining 2,050 trips he claimed, he did not receive medical care.
To obtain reimbursement from OWCP, King periodically prepared and mailed numerous forms falsely certifying that he had driven round trip from his home to various medical facilities for treatment. As a result, King was paid $62,424.75, for the reimbursement of travel expenses to which he was not entitled.
King faces a maximum sentence of 20 years in prison. U.S. District Judge Deborah K. Chasanow has scheduled sentencing for November 30, 2015 at 3:00 p.m.
United States Attorney Rod J. Rosenstein commended the U.S. Postal Service -OIG and U.S. Department of Labor - OIG, Office of Labor Racketeering and Fraud Investigations for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Hollis Raphael Weisman, who is prosecuting the case.
Former Executives of Defunct Tampa Technology Company Indicted for Investment FraudRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Timothy Munro Roberts (45, Chesterfield, Missouri) and Terrance F. Taylor (49, Ft. Myers) with one count of conspiracy to commit wire fraud and five counts of wire fraud. Each count carries a maximum penalty of 20 years in federal prison. The indictment also notifies Roberts and Taylor that the United States intends to forfeit approximately $5.3 million, which is alleged to be traceable to the proceeds of the offenses.
According to court documents, in 2010, Roberts and Taylor founded Savtira Corporation Inc., located at 2101 E. Palm Avenue in Tampa. According to its business plan, Savtira purported to offer a centralized, cloud-based shopping cart platform for online and traditional retailers to sell goods, regardless of the device used by the online purchaser.
According to court documents, as CEO and Chairman of the Board, Roberts solicited investors for Savtira. He had control over the company’s funds and was responsible for overseeing the sale of Savtira’s products to potential customers. Taylor was the Executive Vice President of Finance and Treasurer of Savtira. He had control over the company’s funds and participated in the solicitation of investors. Taylor also oversaw the company’s bank accounts, books, and records.
The indictment alleges that Roberts and Taylor made false claims in their marketing of Savtira to potential investors. They maintained that the company was profitable; the company had entered into executed agreements with nationally recognized legitimate technology firms; the company owned patents; and/or that the company was valued between $450 million and $540 million. Roberts and Taylor then misused and misappropriated some of the victim-investors’ funds for personal expenses and cash withdrawals without the consent or knowledge of those investors.
Roberts and Taylor also failed to disclose key facts to investors, including that Roberts had entered into a settlement agreement with the U.S. Securities and Exchange Commission in 2008, which required Roberts to pay a fine and banned him from selling unregistered securities. In addition, he failed to disclose the fact that Savtira owned no patents.
The indictment also alleges that Roberts and Taylor entered into a few contracts on behalf of Savtira with victim-customers promising to provide cloud-based eCommerce solutions. They entered into these contracts knowing Savtira never had a working product, and they could never deliver on the contracts. To make it appear as if Savtira had multi-million dollar future revenues, they also entered into bogus contracts and generated fake invoices and accounts receivable for the purpose of falsely bolstering the company’s value and factoring the invoices for cash.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Florida Office of Financial Regulation, Bureau of Financial Investigations, and the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Mandy Riedel.
In a separate action, the U.S. Securities and Exchange Commission has filed a complaint against Roberts, Taylor, and one other individual alleging they defrauded investors by grossly exaggerating the potential financial success of Savtira.
Former CEO of Community Action of Minneapolis William Davis Indicted for Conspiracy, Fraud and Theft of Public FundsRead the Press Release
United States Attorney Andrew M. Luger today announced the indictment of WILLIAM JAMES DAVIS, 64, and JORDAN JAMES DAVIS, 34, for conspiring to steal funds from Community Action of Minneapolis (CAM) for the use of WILLIAM and JORDAN DAVIS. At all times relevant, WILLIAM DAVIS was the CEO of CAM, a non-profit organization created to provide services to low-income residents of Minneapolis and focusing on the elimination of poverty. CAM provided services including weatherization of homes, energy assistance, nutrition assistance and services for children and families. JORDAN DAVIS is expected to make an initial appearance tomorrow in U.S. District Court in St. Paul, Minn.
“This indictment charges a former non-profit leader and a police officer with stealing funds intended to keep Minnesotans warm during the winter,” said U.S. Attorney Luger. “This office will prosecute aggressively those who abuse needed public resources for personal gain.”
“Allegations into the misuse of hard-earned taxpayer money for personal gain are taken very seriously by the FBI and our law enforcement partners,” said FBI Special Agent in Charge for the Minneapolis Division Richard T. Thornton. “We will continue to pursue and address these cases with the highest investigative priority.”
According to the indictment and documents filed in court, CAM’s primary funding sources consisted of federal grants administered by the Minnesota Department of Commerce and Minnesota Department of Human Services. CAM also received funding from CenterPoint Energy (CenterPoint) and Xcel Energy (Xcel) in exchange for providing certain conservation and weatherization services to qualifying homeowners.
According to the indictment and documents filed in court, WILLIAM DAVIS was issued a credit card as CEO of CAM, for which CAM paid the balance due each month. W. DAVIS was required to use his corporate card “for agency authorized activities only.” As part of his scheme to defraud CAM, W. DAVIS concealed his diversion of CAM funds to his personal use by charging the majority of his CAM-paid personal expenses to a slush fund on CAM’s books. The slush fund was created using excess funds provided by CenterPoint and Xcel in exchange for CAM’s agreement to provide certain conservation and weatherization services to qualifying homeowners. If CAM could provide the services for less than the amounts provided by CenterPoint and Xcel, CAM was allowed to keep the difference for other CAM-related activities. CAM carried these funds on its books in a slush fund not subject to the same oversight as CAM’s state and federal grant proceeds. W. DAVIS could therefore instruct CAM’s fiscal staff to charge personal expenses to this slush fund with less risk of detection.
According to the indictment and documents filed in court, W. DAVIS used intimidation and retaliation to prevent CAM staff from informing anyone, including CAM’s Board of Directors, that he was using his position as CAM’s CEO to divert CAM funds to his personal use and that of his family and friends. For example, W. DAVIS issued written reprimands to employees, prohibited employees from communicating with state agencies and CAM’s financial auditors, threatened employees with suspension and termination, and ordered one CAM employee to look up the definitions of the words “insubordination” and “loyalty” after the employee contradicted W. DAVIS in front of other employees.
According to the indictment and documents filed in court, between March 2007 and October 2014, at least $250,000 in CAM funds intended to be used to provide services to low-income residents of Minneapolis were instead diverted to W. DAVIS’ personal use and the use of his family and friends, including JORDAN DAVIS. As part of the scheme, W. DAVIS caused CAM funds to be used for personal expenses, including airline tickets, hotel stays, rental cars and a Caribbean cruise. In total, between January 2009 and October 2014, W. DAVIS caused $77,000 of CAM funds to be used for personal travel expenses for himself and his friends and family members.
According to the indictment and documents filed in court, W. DAVIS used CAM funds to pay for his personal vehicle, a 2011 Chrysler 300. In May 2011, W. DAVIS traded in a 2005 Chrysler 300 owned by CAM. He then used the $10,079.53 in proceeds from the trade-in of the CAM vehicle toward the purchase of the 2011 Chrysler 300 for himself. W. DAVIS used CAM funds to pay the remaining $36,430 balance of the purchase price of the 2011 Chrysler 300. Nearly four months later, W. DAVIS emailed three members of the CAM Board of Directors to authorize a personal loan from CAM for the purchase of the vehicle. He did not disclose that he had already purchased the vehicle using CAM funds, nor did he disclose that he had applied the trade-in value of the CAM-owned 2005 Chrysler 300 toward the purchase of the new vehicle.
According to the indictment and documents filed in court, W. DAVIS also used CAM funds to pay JORDAN DAVIS for a no-show job at a Ben & Jerry’s ice cream shop operated by CAM. CAM operated a Ben & Jerry’s PartnerShop near the University of Minnesota campus in Minneapolis. Ben & Jerry’s waived its standard franchise fees so that CAM could use the store to offer job and entrepreneurial training to underprivileged youth facing barriers to employment.
According to the indictment and documents filed in court, between 2002 and October 2006, WILLIAM DAVIS’s son JORDAN DAVIS, worked as the manager of the Ben & Jerry’s PartnerShop. In October 2006, J. DAVIS obtained employment with the Minneapolis Police Department, and thereafter stopped working at the Ben & Jerry’s. CAM hired a new manager for the store a few months later.
According to the indictment and documents filed in court, W. DAVIS instructed CAM’s fiscal staff to continue issuing J. DAVIS the full paycheck he had been receiving for managing the ice cream shop. W. DAVIS concealed this from CAM’s Board of Directors. From at least March 2007 until January 2011, J. DAVIS continued to receive his full paycheck, $1,320 biweekly, for his work at the Ben & Jerry’s, even though he was doing no work for the ice cream shop. J. DAVIS endorsed and deposited the paychecks every two weeks. In total, J. DAVIS endorsed and deposited at least 105 paychecks for his no-show job.
According to the indictment and documents filed in court, during the nearly four years that J. DAVIS was being paid for his no-show job, CAM’s fiscal staff repeatedly advised W. DAVIS to stop the payments, but W. DAVIS refused. On December 20, 2010, W. DAVIS sent an email to CAM’s CFO in which W. DAVIS agreed that J. DAVIS’s “last day on payroll for Ben & Jerry’s is Dec. 31st.” W. DAVIS instructed CAM’s CFO to issue J. DAVIS his ordinary payroll check on December 31st, along with a “bonus check for $6,000.” As a result of W. DAVIS and J. DAVIS’s fraud scheme, CAM paid J. DAVIS more than $140,000 for a job he did not perform. In April 2011, CAM closed the Ben & Jerry’s PartnerShop because CAM could no longer afford the rent for the store, and CAM terminated its youth job skills training program.
According to the indictment and documents filed in court, in October 2013, the Minnesota Department of Human Services (DHS) began an audit intended to determine whether CAM was using the federal and state grant funds that it received through DHS in accordance with the applicable contracts. DHS personnel sought documents and information about the purposes of various CAM expenditures. Throughout the first several months of 2014, W. DAVIS resisted DHS’s requests for information.
According to the indictment and documents filed in court, in May 2014, DHS provided a draft audit report to W. DAVIS, as well as to CAM’s CFO and the Chair of CAM’s Board of Directors. The draft audit indicated unallowable travel expenses for W. DAVIS had been charged to the grants. W. DAVIS subsequently sent correspondence containing false material representations about his personal travel. On June 3, 2014, W. DAVIS attended a meeting with DHS personnel to discuss the report’s findings. Two days later, W. DAVIS flew to Phoenix, Ariz., to visit his girlfriend using an airline ticket he caused to be purchased with CAM funds. On October 13, 2014, W. DAVIS was suspended from his position as CEO without pay.
This case is the result of an investigation conducted by the Federal Bureau of Investigation, Internal Revenue Service – Criminal Investigation, United States Department of Health and Human Services Office of the Inspector General and the United States Department of Energy Office of the Inspector General.
This case is being prosecuted by Assistant United States Attorney Kimberly A. Svendsen.
Defendant Information:
WILLIAM JAMES DAVIS, 64
Brooklyn Park, Minn.
Charges:
- Conspiracy to commit theft concerning programs receiving federal funds, 1 count
- Mail fraud, 10 counts
- Wire fraud, 1 count
- Theft concerning programs receiving federal funds, 4 counts
JORDAN JAMES DAVIS, 34
Otsego, Minn.
Charges:
- Conspiracy to commit theft concerning programs receiving federal funds, 1 count
- Mail fraud, 5 counts
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
The charges contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Former Associate Pastor Pleads Guilty in Scheme to Defraud InvestorsRead the Press Release
Fort Smith, Arkansas – Kenneth Elser, Acting United States Attorney for the Western District of Arkansas, announced that Thomas Edward James, age 34, of Phoenix, Arizona, formerly of Fort Smith, pleaded guilty today to one count of Mail Fraud and one count of Making a False Tax Return . The Honorable Chief Judge P.K. Holmes, III, accepted the plea in the United States District Court in Fort Smith.
According to court records, the defendant, Thomas Edward James, was a part-time associate pastor at St. James Missionary Baptist Church in Fort Smith, Arkansas. He was previously employed as a broker for Merrill Lynch, but was terminated for lack of production. His broker license went inactive on September 3, 2010. James was not registered with the Arkansas Securities Department as a broker, dealer, agent, or in any other capacity since he was terminated from Merrill Lynch. After his termination from Merrill Lynch, James continued to sell securities to investors and misappropriated the investors’ funds. As part of his scheme, James approached potential investors, a majority of whom were retired and members of St. James Missionary Baptist Church, with proposals to make investments through him. James then fraudulently induced investors to invest funds through false representations that their funds would be invested in a U.S. Treasury Bond, which were insured and guaranteed by the full faith and credit of the United States Government. James however did not invest the funds in a U.S. Treasury Bond, but instead converted the funds to his personal use. It was further part of the scheme that James sent statements to investors via U.S. Mail providing investors with false assurances that their funds had been invested in U.S. Treasury Bonds. As a result of the scheme to defraud, James defrauded investors of approximately $200,000. During a deposition, James admitted that the funds were never invested in a U.S. Treasury Bond, but were placed in his personal account. Additionally, James admitted that he filed false tax returns from 2008-2012, and that he owed the United States additional taxes in the amount of $205,566.46.
This case was investigated by The Internal Revenue Service (IRS), the Federal Bureau of Investigation (FBI) and Financial Crimes Task Force officers from the Fort Smith and Fayetteville Police Departments. Assistant United States Attorney Mark Webb prosecuted the case for the United States.
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Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov
Florida Man Arrested for Illegal Distribution of Information Relating to ExplosivesRead the Press Release
U.S. Attorney A. Lee Bentley III announces the arrest of Joshua Ryne Goldberg, 20, of Orange Park, Florida, for distributing information relating to explosives, destructive devices and weapons of mass destruction. If convicted, he faces a maximum penalty of 20 years in federal prison.
According to the criminal complaint, Goldberg was in contact, through on-line communications, with an individual who law enforcement knew to be a Confidential Human Source (CHS). Between the months of July and September 2015, Goldberg distributed information to the CHS on how to manufacture a bomb. He instructed the CHS to make a pressure cooker bomb and fill it with nails, metal and other items dipped in rat poison. Goldberg instructed the CHS to place the bomb at an upcoming memorial in Kansas City, Missouri, that was commemorating the Sept. 11, 2001 attacks.
A complaint is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case is being investigated by the FBI’s Jacksonville, Florida, Joint Terrorism Task Force and the Clay County, Florida, Sheriff’s Office. It is being prosecuted by Assistant U.S. Attorney Kevin C. Frein of the Middle District of Florida, with assistance provided by Trial Attorney Mara Kohn of the National Security Division’s Counterterrorism Section.
Goldberg Criminal Complaint
Florida Man Arrested for Illegal Distribution of Information Relating to ExplosivesRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces the arrest of Joshua Ryne Goldberg (20, Orange Park, Florida) for distributing information relating to explosives, destructive devices, and weapons of mass destruction. If convicted, he faces a maximum penalty of 20 years in federal prison.
According to the criminal complaint, Goldberg was in contact, through on-line communications, with an individual who law enforcement knew to be a Confidential Human Source (CHS). Between the months of July and September 2015, Goldberg distributed information to the CHS on how to manufacture a bomb. He instructed the CHS to make a pressure cooker bomb and fill it with nails, metal, and other items dipped in rat poison. Goldberg instructed the CHS to place the bomb at an upcoming memorial in Kansas City, Missouri that was commemorating the September 11, 2001 attacks.
A complaint is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case is being investigated by the FBI’s Joint Terrorism Task Force (JTTF) and the Clay County Sheriff’s Office. Members of the Jacksonville JTTF include the Federal Bureau of Investigation, the Naval Criminal Investigative Service, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, U.S. Customs and Border Protection, U.S. Border Patrol, the Florida Department of Law Enforcement, the Florida Highway Patrol, the St. Johns County Sheriff’s Office, and the Jacksonville Sheriff’s Office. It is being prosecuted by Assistant U.S. Attorney Kevin C. Frein of the Middle District of Florida, with assistance provided by Trial Attorney Mara Kohn of the National Security Division’s Counterterrorism Section.
No Photo Available
Detention and Preliminary Hearing set for Tuesday, September 15, 2015, at 2 pm before United States Magistrate Judge James R. Klindt (Courtroom 5D) at the Bryan Simpson U.S. Courthouse, 300 North Hogan Street, Jacksonville, Florida.
Update following 9/15/2015 hearing:
Joshua Ryne Goldberg has formally retained private counsel. The Federal Public Defender’s Office has been removed as the attorney of record and Shorstein, Lasnetski & Gihon, LLC attorneys at law have filed a notice of appearance on behalf of the defendant.
Today, U.S. Magistrate Judge James R. Klindt ordered a 30-day competency evaluation, at a federal medical center, for the defendant.
Goldberg will remain in federal custody.
No future court date was set.
No further information available at this time.
Five Arrested in Marijuana and Money Laundering ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Damarcus Hennings, 24, Shaquata Hennings, 28, Arthur Clark, 27, Shahana Beaver, 23, and Janice Humphrey, 26, all of Buffalo, NY, were arrested and charged by criminal complaint with conspiracy to distribute marijuana and launder money, and possession of marijuana with intent to distribute. The marijuana charges carry a maximum penalty of 40 years in prison and a $5,000,000 fine. The money laundering charge carries a maximum penalty of 20 years in prison and a $500,000 fine.
Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that according to the indictment, between April 2015 and August 2015, the defendants conspired to and received packages containing marijuana that were shipped from Denver, Colorado via a commercial delivery service. The defendants also conspired to send the cash proceeds from resulting marijuana sales to the supplier in Denver. In all, more than 100 such packages were shipped to Buffalo during the course of the conspiracy. Dashawn Abrams, the Denver-based supplier, remains at large.The five defendants made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. Damarcus and Shaquata Hennings are being held in custody pending detention hearings on September 14, 2015, at 10:00 a.m. and 10:15 a.m., respectively, before Magistrate Judge Schroeder. The other three defendants were released. Beaver and Humphrey return to court on September 14 at 10:15 a.m. for appearances of counsel, and Clark returns to court on September 16 at 10:00 for appearance of counsel.
The criminal complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division and the Niagara Frontier Transportation Authority Police, undert the direction of Chief George Gast.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.