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Monday 20 July 2015
Notice of Court ProceedingsRead the Press Release
Contact Person: Nancy Wicker (803) 929-3000
Columbia, South Carolina – Sentencings have been scheduled in United States v. Lance Wright, 3:13-970; United States v. Michael Bartley, 3:13-036, United States v. Robert A. “Tony” Williams, 3:13-971; and United States v. Phil D. Mims, 3:13-971. United States District Court Judge David C. Norton will preside over the proceeding.
WHEN: Tuesday, July 21, 201511:00 a.m. - Wright
WHERE: Hollings Judicial Center 83 Meeting Street
12:00 p.m. - Bartley
2:00 p.m. - Williams
2:30 p.m. - Mims
Courtroom #2
Charleston, SC####
Norwalk Man Who Illegally Sold Firearms Sentenced to 2 Years in Federal PrisonRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that on July 17, 2015, STEPHEN HEROLD, 26, of Norwalk, was sentenced by U.S. District Judge Michael P. Shea in Hartford to 24 months of imprisonment, followed by three years of supervised release, for illegally selling firearms.
According to court documents and statements made in court, in October and November, 2013, HEROLD and Raul Caban-Martes sold three firearms and a bullet proof vest to an individual working with law enforcement. One of the firearms had been reported stolen and another had an obliterated serial number.
HEROLD has been detained since his arrest on July 8, 2014. On April 15, 2015, he pleaded guilty to one count of conspiracy to engage in the business of dealing in firearms without a license.
Caban-Martes pleaded guilty to the same charge and, on March 9, 2015, was sentenced to 40 months of imprisonment.
This matter was investigated by the Norwalk Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted by Assistant U.S. Attorney Vanessa Richards.
North Carolina man sentenced for failing to update sex offender registrationRead the Press Release
CLARKSBURG, WEST VIRGINIA – Convicted sex offender Bruce Alfonso Robinson, II, 32, of Greensboro, North Carolina, was convicted and sentenced today to 24 months in prison for failing to update his sex offender registration status, United States Attorney William J. Ihlenfeld, II, announced.Robinson was convicted of “Solicitation to Commit Second Degree Rape” in 2004 in the Superior Court of Guilford County, North Carolina. As a result of that conviction, he was required to register as a sex offender. He was further convicted of “Failure to Register as a Sex Offender” in the Circuit Court of Marion County, West Virginia in April 2011. Subsequently, Robinson relocated from West Virginia and returned to North Carolina without updating his sex offender registration status.
Robinson pled guilty today to one count of “Failure to Update Sex Offender Registration.”
Assistant U.S. Attorney Shawn Morgan prosecuted the case on behalf of the government. The United States Marshals Service investigated.
U.S. District Judge Irene M. Keeley presided.
North Carolina Man Indicted in East Texas Fraud SchemeRead the Press Release
PLANO, Texas – A 27-year-old Morganton, NC man has been indicted in connection with an oil and gas scheme in the Eastern District of Texas, announced U.S. Attorney John M. Bales.
Justin Spearman was indicted by a federal grand jury on July 15, 2015 and charged with wire fraud and three counts of aggravated identity theft. Spearman appeared before U.S. Magistrate Judge Don D. Bush today and will remain in federal custody pending trial. Spearman was arrested on July 6, 2015, in McKinney after he arrived in Texas to pick up a check from a victim.
According to the indictment, in June 2015, Spearman is alleged to have devised and executed a scheme to defraud another individual by filing fraudulent Assignments of Overriding Royalty Interest (ORI)s in Greeley Colorado, and attempting to do so in Cheyenne, Wyoming, that actually belonged to other persons, one of which was the owner of a royalties company located in Collin County, Texas.
If convicted, Spearman faces up to 20 years in federal prison for the wire fraud charge and two years to be served consecutively on the aggravated identity theft counts.
This case is being investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney Chris Eason.
A grand jury indictment is not evidence of guilt. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
New York Man Charged with Making Threatening Phone Calls to Flagstaff Elementary SchoolsRead the Press Release
FLAGSTAFF, Ariz. – Viktor Lisnyak, 29, of Staten Island, N.Y., was arrested by federal agents on July 17, 2015, and charged via complaint with five counts of transmitting threatening communications in interstate commerce.
The affidavit supporting the complaint alleges that, on multiple occasions between March 2015 and May 2015, an unknown caller placed telephone calls to elementary schools in Flagstaff, Ariz., and threatened to “kill the children.” The affidavit further alleges that, even though this caller used fictitious names and fictitious email accounts in an attempt to conceal his true identity, investigators were eventually able to identify the defendant, Mr. Lisnyak, as the person who placed the calls.
Each violation is punishable by a maximum term of imprisonment of five years, a maximum fine of $250,000, or both.
A criminal complaint is simply the method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
The investigation in this case was conducted by the Flagstaff Police Department and the Federal Bureau of Investigation. The prosecution is being handled by Camille Bibles, Assistant U.S. Attorney, District of Arizona.
CASE NUMBER: MJ-15-004179-PCT-DMF
RELEASE NUMBER: 2015-053_Lisnyak
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Montana Man Sentenced for Illegally Possessing FirearmsRead the Press Release
COEUR D'ALENE - Jesse Carey Barker, 31, of Roll, Arizona, was sentenced today to 48 months in prison for possession of firearms by a prohibited person, U.S. Attorney Wendy J. Olson announced. Visiting U.S. District Judge William Fremming Nielsen also ordered Barker to serve three years of supervised release and to forfeit the firearms.
According to the court documents, on October 7, 2013, Barker was stopped for driving under the influence. Officers were able to see a rifle with a bayonet attached to it in plain view through the car window. After completing field test, a vehicle search was completed and a loaded handgun was located under the passenger's front seat beside an open beer. It was also determined that the rifle was loaded.
The case was investigated by Idaho State Police (ISP).
Modesto Man Sentenced to 25 Years in Prison for Production of Child Pornography and Attempted Sex Trafficking of a MinorRead the Press Release
FRESNO, Calif. — Ricky Davis, 36, of Modesto was sentenced today to 25 years in prison by United States District Judge Anthony W. Ishii, United States Attorney Benjamin B. Wagner announced. On March 25, 2015, Davis was found guilty pursuant to a five-day jury trial on separate counts of production of child pornography, as well as the attempted sex trafficking of a minor.
According to evidence presented at trial, in September 2011 Davis invited a 13-year-old minor to his home for the ostensible purpose of giving her a tattoo. After her arrival, Davis instead took sexually explicit photographs of her and posted them online within an advertisement for prostitution. Davis also provided the minor’s contact information to someone responding to this advertisement. An analysis of digital evidence revealed the photographs to have been on Davis’s cellphone and computer, and metadata from the pictures established that they were taken from a cellphone matching the make and model of Davis’s phone.
U.S. Attorney Wagner stated: “Targeting children for sexual exploitation is disturbing and unacceptable. The U.S. Attorney’s office is committed to combating these crimes and guarding the safety and well-being of every child.”
This case was the product of an investigation by the Federal Bureau of Investigation, the Sacramento Police Department, and the California Highway Patrol, all members of the FBI’s Sacramento-based Child Exploitation Task Force, as well as the South San Francisco Police Department and California Department of Corrections and Rehabilitation. Assistant United States Attorneys Brian W. Enos and Alyson A. Berg prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute 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.
Modesto Man Sentenced for 2 Schemes that Defrauded Investors of over $1 MillionRead the Press Release
FRESNO, Calif. — Xue Heu, 38, of Modesto, was sentenced today to five years and three months in prison, to be followed by three years of supervised release, for investment fraud schemes in Fresno and Texas, United States Attorney Benjamin B. Wagner announced.
United States District Judge Lawrence J. O’Neill also ordered Heu to pay $1,166,366 in restitution to victims of the two fraud schemes.
According to court documents, between August 2007 and October 2013, Heu solicited individuals to invest in real estate businesses that purchased and sold real estate. Heu claimed to be an officer of Liquid Assets & Land Investments Inc. and Capital Land Investments LLC. In furtherance of the scheme and to persuade the investors that the investment opportunities were legitimate, Heu gave investors fraudulent documents, such as forged and fictitious grant deeds, fraudulent HUD-1 settlement statements, and portfolio listings of properties he claimed he intended to purchase, including properties that had already been sold and were no longer available to purchase. In his plea agreement, Heu admitted to defrauding investors of approximately $412,896.
According to court documents, between October 1, 2013, and December 31, 2013, Heu and others executed a second scheme to defraud real estate investors. Heu, using the alias “Michael Chan,” purported to be a representative of the Troubled Asset Relief Program (TARP) and an authorized seller of property that had been foreclosed on by the United States government. Heu and a co-defendant lured investors into placing funds into escrow accounts established by another co-defendant and then converted the money to their own use. In his plea agreement, Heu admitted he was responsible for a loss to victims of $762,897. This case was originally charged in the Western District of Texas, San Antonio Division, and was transferred to the Eastern District of California for Heu’s guilty plea and sentencing.
These cases were the product of investigations by the Federal Bureau of Investigation in Modesto, California and San Antonio, Texas and the Stanislaus County District Attorney’s Office. Assistant United States Attorney Henry Z. Carbajal III prosecuted the cases.
Modesto Man Pleads Guilty in Multistate Conspiracy to Sell Counterfeit Erectile-Dysfunction DrugsRead the Press Release
FRESNO, Calif. —Anthony Pollino, 37, of Modesto, pleaded guilty today to one count of trafficking in counterfeit goods, United States Attorney Benjamin B. Wagner announced.
According to court documents, Pollino, along with several co-defendants, conspired to obtain counterfeit copies of the erectile-dysfunction drugs Viagra®, Cialis®, and Levitra®, along with their packaging, and sell them to consumers throughout California and in the Las Vegas, Nevada area. The defendants assured buyers their products were genuine when they were actually cheaply made foreign copies of the drugs. The defendants operated as a business, calling their operation the “California Confidence Company.” Pollino admitted that the value of the counterfeit products attributable to him as over $350,000.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant United States Attorneys Michael G. Tierney and Henry Z. Carbajal III are prosecuting the case.
Pollino is in custody and is scheduled to be sentenced by Senior United States District Judge Anthony W. Ishii on October 5, 2015. He faces a maximum statutory penalty of 20 years in prison and a $5 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Los Angeles County Man Arrested for Participation in $2.5 Million Unemployment Fraud SchemeRead the Press Release
SACRAMENTO, Calif. — Kyn K. Naope, 39, of Sherman Oaks, was arrested today for participating in an unemployment fraud scheme with losses of over $2.5 million United States Attorney Benjamin B. Wagner announced.
A six-count indictment, returned by a federal grand jury earlier this month, alleges that between January 2008 and March 2011, Naope and others involved in the scheme registered fictitious employers with the California Employment Development Department (EDD) and then recruited other individuals to pose as laid-off employees of those companies. These fake employees would then file for and collect unemployment insurance benefits based on the wages reported to EDD by the fictitious employers.
This is the third indictment brought as part of this investigation. A separately pending 20-count indictment charged Kenneth Parks, Michael Taylor Sr., and three others with involvement in the fraud scheme. Parks pleaded guilty and was sentenced to five years in prison, while Taylor pleaded guilty and is awaiting sentencing. (2:12‑cr-375 TLN). Another indictment charged Donye Marcel Mitchell Sr. for his involvement in the fraud scheme, and he was sentenced to four years in prison (2:11-cr-085 GEB).
These cases are the product of an investigation by the United States Department of Labor, Office of Inspector General and California EDD – Criminal Investigations Division. Assistant United States Attorney Jared C. Dolan is prosecuting the case.
If convicted, Naope faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Lapwai Felon Admits to Illegal Firearm PossessionRead the Press Release
COEUR D'ALENE - Daniel Paul Wilson, 26, of Lapwai, Idaho, pleaded guilty on July 20, 2015, to possession of an unregistered firearm, U.S. Attorney Wendy J. Olson announced. Wilson was indicted by a federal grand jury in Coeur d'Alene on March 17, 2015.
According to court documents, Wilson admitted that on November 15, 2014, he possessed a shotgun having a barrel length of less than 18 inches and overall length of less than 26 inches. It is illegal to possess sawed off shotguns or similar such firearms unless it is registered in the National Firearms Registration and Transfer Record.
The charge of Possession of an Unregistered Firearm is punishable by up to ten years in prison, a maximum fine of $250,000.00, and up to three years of supervised release.
Sentencing is set for October 20, 2015, before U.S. District Judge Edward J. Lodge at the federal courthouse in Coeur d'Alene.
The case was investigated by Nez Perce Tribal Police Department, the Nez Perce County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
The case was prosecuted as part of Idaho’s Project Safe Neighborhoods Program, which seeks to reduce gun violence in Idaho.
Lancaster County, Pennsylvania, Man Pleads Guilty to Interstate Burglary SchemeRead the Press Release
TRENTON, N.J. – A Lancaster County, Pennsylvania, man today admitted his role in transporting goods stolen through a string of commercial burglaries throughout northern and southern New Jersey, U.S. Attorney Paul J. Fishman announced.
Eliezer Medina, 37, pleaded guilty before U.S. District Judge Mary L. Cooper in Trenton federal court to an information charging him with one count of conspiracy to transport stolen goods in interstate commerce.
According to documents filed in this case and statements made in court:
From November 2013 through August 2014, Medina conspired with his brother, Jose Medina, 38, to steal money by burglarizing stores in New Jersey, New York, Pennsylvania, and elsewhere, and then transport the stolen money across state lines. He admitted burglarizing at least three stores in Paramus, New Jersey, and Pennsauken, New Jersey, and to stealing approximately $625,000. The burglaries followed the same general pattern, including advance surveillance, disabling of the alarm systems and the use of pry-bars and vertical cuts to gain access to the stores’ safes.
The conspiracy charge to which Medina pleaded guilty carries a maximum potential penalty of five years in prison and a $250,000 fine. As part of his plea agreement, Medina must pay $625,000 in restitution. Sentencing is scheduled for Oct. 22, 2015.
U.S. Attorney Fishman credited special agents of the FBI in Newark, under the direction of Special Agent in Charge Richard M. Frankel, and special agents of the FBI in Philadelphia Branch, under the direction of Special Agent in Charge Edward J. Hanko, with the investigation leading to today’s guilty plea. He also thanked the Paramus, New Jersey; Wayne, New Jersey; and Pennsauken Township, New Jersey, police departments; the N.J. State Police; and the Lancaster City, Pennsylvania; East Lampert, Pennsylvania; Manor Township, Pennsylvania; Manheim Township, Pennsylvania; and East Hempfield, Pennsylvania, police departments for their work on the case.
The government is represented by Assistant U.S. Attorney Melissa Wangenheim of the General Crimes Unit in Newark.
Jose Medina remains charged by complaint with conspiracy to transport stolen goods in interstate commerce. The charges and allegations in the complaint are merely accusations, and the defendant remains innocent unless and until proven guilty.
Defense counsel: John Yauch Esq., Assistant Federal Public Defender, Newark
Key Member of Scheme that Illegally Sought $20 Million Worth of Expensive Anti-Psychotic Drugs Sentenced to 15 Years in PrisonRead the Press Release
LOS ANGELES – One of the leaders of a conspiracy linked to a sham Glendale medical clinic was sentenced today to 15 years in federal prison for his role in a $20 million scheme to defraud Medicare and Medi-Cal by, among other things, fraudulently prescribing expensive anti-psychotic medications and then re-billing the government for those drugs over and over.
Artak Ovsepian, 33, of Tujunga, one of the leaders of the conspiracy who oversaw the acquisition of drugs with bogus prescriptions, was sentenced by United States District Judge S. James Otero.
Calling the offense “despicable” and “horrific,” Judge Otero noted that the scheme “preyed on some of those most vulnerable members of society, from the mentally ill, to down-and-out veterans, to elderly victims whose identities were stolen, which then interfered with their ability to obtain medical treatment” that they truly needed.
Following a jury trial before Judge Otero in February 2014, Ovsepian was found guilty of conspiracy to commit health care fraud, aggravated identity theft, conspiracy to misbrand pharmaceutical drugs, false statements to the federal government, and conspiracy to use other persons’ identification documents in furtherance of fraud.
Ovsepian was one of three people found guilty at trial, and one of 16 who have been convicted in relation to the scheme run out of Manor Medical Imaging in Glendale.
The operators of Manor Medical employed an unlicensed medical practitioner to write bogus prescriptions using an American doctor’s name and license number, and had close relationships with pharmacies and a fraudulent drug wholesale company that were used to funnel prescription drugs back to the pharmacies participating in the scheme.
Employees of Manor Medical generated thousands of prescriptions for identify theft victims – such as elderly Vietnamese beneficiaries of Medicare and Medi-Cal, military veterans who were recruited from drug rehab programs, and denizens of Skid Row. Members of the conspiracy created or doctored patient files to make it falsely appear the drugs were necessary and the patients were legitimately treated. After the prescriptions were filled at pharmacies and paid for by Medicare and Medi-Cal, the drugs were sold on the black market and redistributed to pharmacies, where the drugs would be subject to new claims made to Medicare and Medi-Cal as though they were new bottles of drugs.
The case was the first in the nation involving an organized scheme to defraud government health care programs through fraudulent claims for expensive anti-psychotic medications. Judge Otero noted that the conspiracy was “particularly devious” because the participants believed they targeted “under-the-radar” drugs in an effort to evade the attention of law enforcement.
Ovsepian “held a leadership role in a complex and pervasive scheme to manipulate and steal the identities of the poor and vulnerable, to defraud essential government programs of more than $20 million, and to cover up those crimes through systematic lies and deception,” federal prosecutors wrote in a sentencing memorandum previously filed with the court.
The scheme generated fraudulent billings of more than $20 million, of which Medi-Cal and Medicare actually paid more than $9 million.
Previously in this case, another leader of the conspiracy – Lianna “Lili” Ovsepian, 34, of Tujunga, the manager and owner of Manor Medical – was sentenced to eight years in prison after pleading guilty to health care fraud charges (see: http://www.justice.gov/usao/cac/Pressroom/2014/107.html).
Following last year’s trial at which Artak Ovsepian was found guilty, Judge Otero said, “The scope of the fraud was breathtaking.” The Judge added that the defendants “preyed upon the poor [and] used them as pawns.”
At last year’s trial, Artak Ovsepian was one of three people that were found guilty. The other two were:
Dr. Kenneth Johnson, 48, of Ladera Heights – who served as the face of Manor Medical with pharmacists and auditors from Medicare and Medi-Cal, and who pre-signed thousands of blank prescriptions that were filled out by co-conspirators – who is scheduled to be sentenced by Judge Otero on November 5; and
Nuritsa Grigoryan, 49, of Glendale – who holds an Armenian medical license and who pretended to be an American doctor when she saw homeless “patients” at the clinic and filled out the bogus prescriptions pre-signed by Dr. Johnson – who fled the United States after being found guilty and remains a fugitive.
The scheme centering on Manor Medical also involved pharmacies in and around the San Gabriel Valley. The conspiracy was essentially a “prescription harvesting” scheme in which Medicare and Medi-Cal beneficiaries were recruited or had their identities stolen, the beneficiary information was used to bill Medicare and Medi-Cal for millions of dollars of illegitimate medical services and prescriptions, and the drugs that were dispensed by the pharmacies were diverted to black market wholesalers and back to the pharmacies so the drugs could be used to submit new bills to Medicare and/or Medi-Cal as though the drugs had never been dispensed.
The primary pharmacy involved in the case, Huntington Pharmacy in San Marino, was operated by a Pasadena couple whose business grew dramatically due its affiliation with Manor Medical, including Medi-Cal claims that jumped from $50,000 in 2009 to approximately $1.5 million in 2010. One of the owners of the pharmacy, Phic Lim, is scheduled for trial on September 29. His wife, Theana Khou, previously pleaded guilty as part of a joint resolution with another case filed against her and her husband.
The investigation in this case, which was called Operation “Psyched Out,” was conducted by the San Marino Police Department; the California Department of Justice, Bureau of Medi-Cal Fraud and Elder Abuse; the United States Food and Drug Administration, Office of Criminal Investigations; IRS-Criminal Investigation; the United States Department of Health and Human Services, Office of the Inspector General; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; the Glendale Police Department, Organized Crime Team; and the California Department of Health Care Services, Audits and Investigations Branch.
U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; the Glendale Police Department, Organized Crime Team; and the California Department of Health Care Services, Audits and Investigations Branch.
Justice Department Reaches Settlements with Multiple Health Care Providers to Stop Discrimination Against Persons with Disabilities Under the Barrier Free Health Care InitiativeRead the Press Release
The Justice Department announced today that, as part of its Barrier Free Health Care Initiative, it has reached three additional settlements with health care providers to ensure that they are complying with the Americans with Disabilities Act (ADA). The announcement comes as the department marks the 25th anniversary of the ADA. The Department of Justice, including the nation’s U.S. Attorneys and the Civil Rights Division, are proud to play a critical role in enforcing the ADA, working towards a future in which all the doors are open to equality of opportunity, full participation, independent living, integration and economic self-sufficiency for persons with disabilities.
The new settlement agreements—entered into by the U.S. Attorney’s Office for the Eastern District of Virginia and the U.S. Attorney’s Office for the Eastern District of Michigan—address the requirements of the ADA for health care providers, such as hospitals, medical clinics, nursing homes, mental health facilities and doctor’s offices, to, among other things, provide effective communication to people who are deaf or have hearing disabilities in the provision of medical services. In addition, the U.S. Attorney’s Office for the Southern District of New York recently filed a lawsuit against, Emmanuel Asare, M.D. and Springfield Medical Aesthetic PC d/b/a Advanced Cosmetic Surgery of New York for failures to provide medical treatment for an individual with HIV.
“Eliminating disability-based discrimination in health care is a priority for the department under the Americans with Disabilities Act,” said head of the Civil Rights Division, Principal Deputy Assistant Attorney General Vanita Gupta. “Twenty five years after the passage of the ADA, we fully expect that all health care providers will provide equal access to people with disabilities.”
In the Fairfax Nursing Center (FNC) settlement, entered into by the U.S. Attorney for the Eastern District of Virginia on July 6, 2015, the U.S. Attorney’s Office for the Eastern District of Virginia entered into a settlement agreement with the Fairfax Nursing Center requiring it to:
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adopt policies and procedures that ensure that individuals who are deaf or hard of hearing—patients and companions—receive auxiliary aids and services that insure effective communication;
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train its staff on the ADA’s effective communication requirements;
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pay $80,000 to the complainants and $5,000 to the United States in a civil penalty; and
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establish a fund of $12,500 to sponsor training on the ADA’s requirements for others in the Virginia nursing facility industry.
The investigation began with a complaint alleging that FNC violated the ADA by failing to provide appropriate auxiliary aids and services, including sign language interpreter services, to two individuals who are deaf (two family members of a patient) during critical interactions relating to the patient’s medical care.
In two matters involving individual medical practices in the Eastern District of Michigan, the U.S. Attorney’s Office entered into settlement agreements with the office of Dr. Srinivas Mukkamala and the office of Dr. Arshad Pervez, to ensure that they provide sign language interpreters and other appropriate auxiliary aids and services for patients and companions who are deaf or hard of hearing.
The Department of Justice’s Barrier-Free Health Care Initiative is a partnership of the nation’s U.S. Attorneys and the Civil Rights Division. The initiative, launched on the 22nd anniversary of the ADA in July 2012, includes the participation of more than 45 U.S. Attorney’s Offices. Today’s Barrier-Free Health Care Initiative settlements may be found at www.ada.gov/settlemt.htm. For more information on the Barrier Free Health Care Initiative visit www.ada.gov/usao-agreements.htm.
The department has a number of publications available to assist entities to comply with the ADA, including a Business Brief on Communicating with People Who Are Deaf or Hard of Hearing in Hospital Settings, www.ada.gov/hospcombr.htm and publications specific to health care providers, HIV discrimination and effective communication with people with hearing and vision disabilities, as well as publications about tax credits available for providing access. For more information on the ADA and to access these publications, visit www.ada.gov and www.ada.gov/aids. Those interested in finding out more about these settlements or the obligations of public accommodations under the ADA may call the Justice Department’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD), or access its ADA website at www.ada.gov. ADA complaints may be filed by email to [email protected].
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Justice Department Reaches Agreements with Three Counties Across the Country to Increase AccessibilityRead the Press Release
As part of the Justice Department’s year-long celebration marking the 25th anniversary of the American with Disabilities Act (ADA)—ADA 25: Advancing Equal Access—the department announced today the signing of three agreements with counties to improve access to all aspects of civic life for persons with disabilities. The agreements, reached with the Champaign County, Illinois; Merced County, California; and Yakima County, Washington, are all part of Project Civic Access (PCA), the department’s wide-ranging initiative to ensure that cities, towns and counties throughout the country comply with the ADA.
The PCA initiative ensures that people with disabilities have an equal opportunity to participate in civic life, a fundamental part of American society. As part of the PCA initiative, Justice Department staff survey state and local government facilities, services and programs in communities across the country to identify what is needed to comply with the ADA. The agreements address the steps a community must take to improve access. With the signing of these three agreements, the department has entered into nine PCA agreements this year alone, and more than 217 agreements since the initiative began.
Under the agreements announced today, the counties will remove barriers to accessibility in buildings, such as government office buildings providing services to its citizens, courthouses, police or sheriff offices, jails, libraries, recreation centers, community centers, polling places, parks and fairgrounds. The agreements also require the counties to:
- make physical modifications to facilities so that parking, routes into the buildings, entrances, public telephones, restrooms, service counters and drinking fountains are accessible to people with disabilities, as well as make sure that assembly areas have the required wheelchair and companion seating;
- post, publish and distribute a notice to inform members of the public of the provisions of Title II and their applicability to the municipalities’ programs, services and activities;
- train staff in using their state relay service for telephone communications;
- develop a method for providing emergency management policies and procedures for persons with disabilities, including preparation, notification, response and clean-up;
- develop a method for providing information for interested persons with disabilities concerning the existence and location of the municipalities’ accessible services, activities and programs;
- establish, implement and post online a policy that their web pages be accessible, create a process for implementation and ensure that all new and modified web pages are accessible; and
- implement a plan for the accessibility of sidewalks and curb cuts within their borders.
“The story of civil rights for persons with disabilities is the story of having to fight paternalistic laws and ill-advised social mores,” said head of the Civil Rights Division, Principal Deputy Assistant Attorney General Vanita Gupta. “Individuals with disabilities faced the indignities of not being able to enter public buildings or have equal access to the services, programs and activities offered by their local governments; they were barred from attending schools and getting jobs. Until, that is, the passage of the Americans with Disabilities Act. As we celebrate the 25th anniversary of this major civil rights law, the department renews its commitment to work with state and local governments to ensure that their citizens with disabilities attain equal access to all of their programs, activities and services.”
For more information about the ADA, today’s agreement and the PCA initiative, individuals may access the ADA web page at http://www.ada.gov/civicac.htm or call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY).
Justice Department Asks Federal Court to Shut Down Fraudulent New York Tax Return BusinessRead the Press Release
The United States filed a complaint seeking to permanently bar a former Staten Island, New York, man and the tax preparation business he operates from preparing federal tax returns for others, the Justice Department announced today.
The civil complaint against Ranti Azeez-Taiwo and his business, Lot Associates Inc., was filed in the U.S. District Court for the Eastern District of New York. The complaint alleges that Azeez-Taiwo prepares federal income tax returns for customers that understate their correct tax liabilities. The government’s suit alleges that the understatements are the result of fabricated or inflated itemized deductions, particularly charitable deductions and unreimbursed employee business expense deductions, which are claimed on Schedule A, and sole-proprietorship business expenses, which are claimed on Schedule C. According to the complaint, an undercover Internal Revenue Service (IRS) agent provided Azeez-Taiwo with information that should have resulted in a tax return showing more than $500 in tax due to be paid, but Azeez-Taiwo instead prepared a return claiming a refund of more than $500.
The suit contends that in January 2013, a grand jury indicted Azeez-Taiwo on 30 counts of willfully aiding and assisting in the preparation of false federal income tax returns for tax years 2006 through 2010. The complaint further alleges that Azeez-Taiwo was ultimately convicted on multiple counts and on March 6, 2014, was sentenced to serve 18 months in prison. This civil suit seeks to bar Azeez-Taiwo from ever preparing federal tax returns for others again.
The IRS estimates that Azeez-Taiwo has prepared more than 7,000 tax returns since 2006, the complaint alleges. The complaint further contends that the IRS has audited or examined over 250 returns prepared by Azeez-Taiwo and the total tax deficiency for those returns alone exceeds $773,000. According to the complaint, Azeez-Taiwo’s conduct could have caused more than $773,000 in harm to the U.S. Treasury.
Return preparer fraud is one of the IRS’ Dirty Dozen Tax Scams for 2015. The IRS has some tips on its website for choosing a tax preparer, and has launched a free directory of federal tax preparers. In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers and tax scheme promoters. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Ironworkers Business Manager Sentenced to 230 Months for Racketeering ConspiracyRead the Press Release
PHILADELPHIA – Joseph Dougherty, 73, of Philadelphia, former Business Manager/Financial Secretary/Treasurer of Ironworkers Local 401, was sentenced today to 230 months in prison for his role in a racketeering conspiracy involving a dozen members of Ironworkers Local 401, announced United States Attorney Zane David Memeger. Dougherty was found guilty, on January 20, 2015, of RICO conspiracy, malicious damage to property by means of fire, use of fire to commit a felony, attempted malicious damage to property by means of fire, and conspiracy to damage to property by means of fire. His 11 co-defendants in the case pleaded guilty. In addition to the prison term, U.S. District Court Judge Michael Baylson ordered three years of supervised release, $558,041.66 in restitution, and a $600 special assessment.
Dougherty and his co-defendants engaged in a systemic pattern of extortions, arsons, and assaults in an attempt to force non-union companies to hire union ironworkers. The union’s business agents would approach construction foremen at those work sites and imply or explicitly threaten violence, destruction of property, or other criminal acts unless union members were hired. The defendants relied on a reputation for violence and sabotage, which had been built up in the community over many years, in order to force contractors to hire union members. The defendants created “goon” squads, composed of union members and associates, to commit assaults, arsons, and destruction of property. One such squad referred to itself as the “The Helpful Union Guys,” “T.H.U.G’s.”
The jury convicted Dougherty for his participation in the 25 charged acts of arson and extortion in the racketeering conspiracy. Among the charged incidents included an arson at the Quaker Meetinghouse in Philadelphia, an arson at a warehouse under construction on Grays Avenue in Philadelphia, and an attempted arson of a commercial complex under construction in Malvern. Dougherty personally handed co-defendant James Walsh an acetylene torch to commit the Grays Avenue arson. On October 12, 2012, when co-defendants James Walsh and William Gillin arrived at the Malvern construction site with an acetylene torch which they intended to use to damage the site, FBI and local law enforcement officers arrested Walsh and Gillin before they could light the torch. Prior to their arrest, on October 9, 2012, Dougherty gave the greenlight for Walsh and Gillin to proceed with the arson by stating “that’s good. Alright. He [Walsh] just got to be careful.”
“The sentence in this case serves as a reminder that corrupt union practices and bullying tactics, like those employed in this case, will be met with severe consequences,” said Memeger. “Fear, intimidation and violence should not be a part of any union’s operational handbook and will not be tolerated in this district.”
During the extortion of a contractor working on an apartment building near the intersection of 31st and Spring Garden in Philadelphia, Dougherty told union business agent Edward Sweeeny that if the non-union contractor erected the building “and gets away with it, we’re tearing it the [expletive] down in broad, in broad daylight, broad [expletive] daylight. I’ll rent the [expletive] crane from work reservations. So, we’re not losing in center city, man. . . . We’ll take it right the [expletive] back down again. And then we’ll load it out, rent the truck, and we’ll steal the iron.”
During a July 8, 2013 phone call, Dougherty summarized his motivation for committing these crimes by describing the financial condition of the union: “I look at the general fund, ah the health fund. It's (expletive) hurting. And we’re hurting it every hour that the carpenter steals from us hurts. Every hour non-union steals from us hurts it, and we keep pumping more money into it, and that keeps us from getting jobs.”
The case was investigated jointly by the Federal Bureau of Investigation and Department of Labor Office of Inspector General, with assistance provided by the Philadelphia Police Department Corruption Task Force, East Whiteland Township Police Department, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Employee Benefit Security Administration. It is being prosecuted by Assistant United States Attorney Robert Livermore with legal assistance from Gerald Toner, Acting Deputy Chief for Labor-Management Racketeering, Organized Crime and Gang Section at the Department of Justice.
Houston Woman Gets 17 Years for Multiple Child Pornography ConvictionsRead the Press Release
HOUSTON – A 21-year-old female resident of Houston has been ordered to federal prison for a total of 204 months following her convictions of production, distribution and possession of child pornography involving a toddler, announced U.S. Attorney Kenneth Magidson. Julia Michelle Morris pleaded guilty to the charges on April 27, 2015, admitting she exploited a 19-month-old child to produce pornography for an unidentified third party for financial gain.
Just moments ago, U.S. District Judge Vanessa Gilmore handed Morris the sentence taking into consideration all the facts and circumstances, specifically that Morris committed the crime for financial gain and sexually exploited the child even though there is no indication Morris is a sexual predator. Morris will also have to serve 10 years of supervised release following completion of that prison term. In handing down the sentence, Judge Gilmore noted that her sentence took into consideration that Morris will be incarcerated past the victim’s 18th birthday.
Morris came to the attention of law enforcement after her boyfriend discovered her activities. He had been looking through her cell phone and saw child pornography images and messages in a social media application. He was so horrified by what he saw that he contacted law enforcement and turned her phone over to them. Authorities then obtained and executed a federal search warrant on the device.
In the images, Morris is seen holding the child while spreading the child’s legs to expose her genitalia in a lewd and lascivious manner. Another image depicts Morris with her face in between the child’s legs appearing to be performing oral sex on the child.
Morris admitted to victimizing a child under the age of two and sending the images to an unknown third party. She expected to receive $8,000 for the images but was unable to collect the money since the phone was intercepted by her boyfriend.
The charges against Morris are the result of an investigation conducted by members of the Innocent Images Unit of the Houston FBI, including members of the Harris County Sheriff’s Office, which focuses its attention on investigating offenses involving the exploitation of children via the Internet.
This case, prosecuted by Assistant U.S. Attorney Sherri L. Zack, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation. Led by United States Attorneys’ Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Housing Authority of Los Angeles County and the Cities of Lancaster, California, and Palmdale, California, Agree to Settle Fair Housing Claims in the Antelope Valley for $2 MillionRead the Press Release
Agreement Resolves Allegations that Defendants Discriminated Against Section 8 Voucher Holders on the Basis of Race
The Justice Department today announced a settlement with the Housing Authority of Los Angeles County (HACoLA), and the cities of Lancaster, California, and Palmdale, California, to resolve allegations that these parties targeted African Americans with discriminatory enforcement of the Section 8 housing choice voucher program. The parties have agreed to enter into a court-enforceable agreement that will provide broad relief meant to ensure unbiased enforcement of the voucher program so that African-American voucher holders in the Antelope Valley are not targeted because of their race.
HACoLA, a public housing agency that administers the Section 8 voucher program in Los Angeles County, has agreed to pay $1,975,000 in monetary damages on behalf of itself and the cities, and a $25,000 civil penalty to the United States. When combined with the department’s previously announced settlement with the Los Angeles County Sheriff’s Department (LASD) for related conduct, this means that a total of $2,675,000 is available to compensate individuals who have been harmed by the discriminatory enforcement of the voucher program. In addition, many voucher holders who were discriminated against will be eligible to have voucher terminations removed from their public housing record, and a few of those who were improperly terminated will be reinstated to the voucher program.
“Housing choice vouchers, also known as Section 8 vouchers, are meant to help families find homes in neighborhoods that provide greater opportunities for them and their children,” said head of the Civil Rights Division, Principal Deputy Assistant Attorney General Vanita Gupta. “Such families should be welcomed in every community, including those in the Antelope Valley. No family living in Los Angeles County should fear having housing authority or law enforcement personnel show up at their homes simply because they are African American and use vouchers to pay their rent.”
“Local government officials worked with the Los Angeles County Housing Authority and the Sheriff’s Department to subject African-American families to discriminatory enforcement actions in an effort to discourage them from using Housing Choice vouchers to live in Lancaster and Palmdale,” said U.S. Attorney Eileen M. Decker of the Central District of California. “This type of discrimination is fundamentally wrong and is inconsistent with American values of freedom and equality. This settlement, together with an earlier settlement with the Sheriff’s department, will ensure it does not recur, and will also provide more than $2.6 million to compensate those harmed.”
The Justice Department’s complaint, filed today in the U.S. District Court of the Central District of California, alleges that between the years 2004 and 2011, in direct response to racially-based public opposition to the growing presence of African-American voucher holders living in Lancaster and Palmdale, the cities initiated and teamed with HACoLA and LASD in a targeted campaign of discriminatory enforcement against African-American voucher holders in order to discourage and exclude them and other African Americans from living in the cities. City officials contracted with HACoLA for additional investigative services and devoted substantial financial resources to voucher program enforcement efforts, directed and encouraged LASD deputies to become involved in HACoLA’s enforcement efforts, fueled public opposition to the voucher program by making disparaging statements about voucher program participants and discouraged landlords from renting to voucher holders. There was no legitimate law enforcement or programmatic justification for these types of extraordinary enforcement efforts.
HACoLA and LASD used their resources to effectuate the cities’ mutual discriminatory goals and to carry out their own discriminatory motives by disproportionately subjecting African-American voucher holders in the cities to more intrusive and intimidating compliance checks and referring those households for termination from the voucher program at greater rates than white voucher holders living in the cities, or any voucher holders living elsewhere in the county of Los Angeles.
Pursuant to the agreement announced today, HACoLA will undertake reforms to its voucher program enforcement protocol, and will cease, for at least six years, the use of unannounced field compliance checks. HACoLA also will not share personal information about voucher holders with any third party, including LASD or the cities.
Lancaster and Palmdale have agreed to enforce their ordinances and process complaints in a way that treats voucher holders and their landlords no differently from other renters and landlords. Each city will develop procedures for handling discrimination complaints, and have agreed not to seek identifying information regarding voucher holders. Each city will implement a fair and affordable marketing plan to make clear that the cities are open to all regardless of race, and each will designate a person or entity to oversee compliance and receive complaints of alleged discrimination, among other things. Employees of both cities and HACoLA are required to participate in fair-housing training to prevent discriminatory conduct in the future.
The department estimates that hundreds of African-American voucher holders were subjected to the defendants’ discriminatory conduct, including many of the approximately 200 who were interviewed in the course of the department’s investigation. The agreement announced today outlines a process for compensating victims. This process may take a year or longer. African-American voucher holders who believe they may have been discriminated against by HACoLA, LASD and/or the cities during a compliance check in the Antelope Valley between 2004 and 2011 should contact the Justice Department at 1-800-896-7743, option 98 or e-mail the department at [email protected].
The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. Persons who believe that they have experienced unlawful housing discrimination elsewhere can contact the Justice Department at 1-800-896-7743, or e-mail [email protected] or contact the Department of Housing and Urban Development at 1-800-669-9777.
HACoLA Settlement Agreement
HACoLA Complaint
Hartford Drug Trafficker Sentenced to 9 Years in Federal Prison for Illegally Possessing FirearmRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that TRAVALE GIVENS, also known as “Newport,” 34, of Hartford, was sentenced today by U.S. District Judge Michael P. Shea in Hartford to 108 months of imprisonment, followed by three years of supervised release, for illegally possession of a firearm.
According to court documents and statements made in court, in February 2014, Hartford Police received information that GIVENS was selling crack cocaine from an apartment on South Street, and that GIVENS was in frequent possession of a handgun. On February 27, 2014, an individual working under the direction and supervision of Hartford Police and the Drug Enforcement Administration purchased a quantity of crack from GIVENS.
On March 7, 2014, law enforcement officers stopped a car that GIVENS was operating on New Park Avenue. A search of GIVENS’ person revealed approximately 245 grams of cocaine concealed in his pants. A subsequent search of GIVENS’ South Street residence revealed a loaded .380 Ruger LCP pistol with an altered serial number, assorted ammunition, approximately 81 grams of crack cocaine, a digital scale and other drug paraphernalia.
GIVENS has been detained since his arrest on March 7, 2014. On April 23, 2015, he pleaded guilty to one count of possession of a firearm by a convicted felon.
GIVENS’ criminal history includes several felony convictions, including a conviction for first degree assault.
This matter was investigated by the Hartford Police Department, Drug Enforcement Administration and Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted by Assistant U.S. Attorney Brian P. Leaming.
Hampshire county man convicted of filing false corporate tax returnsRead the Press Release
MARTINSBURG, WEST VIRGINIA – Joseph H. Frye, 71, of Augusta, West Virginia, was convicted today of filing false corporate tax returns, United States Attorney William J. Ihlenfeld, II, announced.
Frye pled guilty today to a criminal Information charging him with one count of “Filing False Income Tax Return.” As the founder and majority owner of Jolin Concrete Industries, Inc., a company located in Hampshire County, West Virginia, Frye repeatedly converted corporate profits for his own personal use and understated the company’s taxable income. Specifically, Frye admitted that he filed an income tax return for tax year 2012 that understated the company’s taxable income by $187,322.91.
Frye faces up to three years in prison and a fine of up to $100,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Jarod Douglas prosecuted the case on behalf of the government.
U.S. Magistrate Judge Robert W. Trumble presided.
Gulfport Energy Employee pleads guilty, sentenced for negligently discharging pollutants into West Cote Blanche BayRead the Press Release
LAFAYETTE, La. – United States Attorney Stephanie A. Finley announced a clarification related to an oilfield production company employee’s guilty plea and sentencing for dumping polluted water into West Cote Blanche Bay.
Brian Osborn, 43, of Lafayette, pleaded guilty before U.S. Magistrate Judge Patrick Hanna to one count of negligent discharge of pollutants. Last Wednesday, he was sentenced to one day in prison and one year of supervised release, and he was also ordered to perform 200 hours of community service. The evidence presented at the guilty plea showed that Gulfport Energy discharged produced water into West Cote Blanche Bay from June 2011 until March 2012. Finley clarified that according to the guilty plea, Osborn, who was Gulfport Energy Corporation’s operation manager for the platform, should have been aware of the problem. Additionally, Finley clarified that the problem was not timely addressed and the platform continued to illegally discharge the produced water at certain production rates over a 10-month period. Osborn was found to be an officer within Gulfport Energy Corporation who became aware of the defective nature of the platform, and who had the responsibility to fix any deficiency causing illegal discharges. Produced waters are left over after separating oil from drainage fluids. The pollutants should have been disposed of via barge, injection well or other approved method.
Gulf Port Energy pleaded guilty and was sentenced on one count of negligent discharge of pollutants on October 27, 2014. The company was ordered to pay $1.5 million. Gulfport paid a $1.125 million fine for violating the Clean Water Act. The company also paid $375,000 in community service for a total of $1.5 million. Of the $375,000, $100,000 was paid to the Louisiana State Police Emergency Services Unit; $100,000 was paid to the Louisiana Department of Environmental Quality; $125,000 was paid to the Public Oyster Seed Ground Development Account within the Conservation Fund administered by the Louisiana Department of Wildlife and Fisheries; and $50,000 was paid to Southern Environmental Enforcement Network.
The U.S. Environmental Protection Agency and the Louisiana Department of Environmental Quality-Criminal Investigations Division conducted the investigation. Assistant U.S. Attorney Myers P. Namie prosecuted the case.
Former Non-Profit Executive Sentenced for Stealing Funds Intended to Help the HomelessRead the Press Release
PHILADELPHIA - Nathaniel E. Robinson, 62, of Philadelphia, was sentenced today to 18 months in prison for stealing funds from SELF, Inc., a non-profit that helps the homeless. Robinson was the Chief Program Officer at SELF, Inc. He pleaded guilty on March 12, 2015 to theft from a program receiving federal funds.
Between 2006 and 2010, Robinson used his corporate American Express credit card at SELF to charge personal expenses in the amount of approximately $154,050. He reimbursed a total of $2,594.30 before his employment was terminated. Robinson used the corporate American Express card to pay for trips to Alabama, including airfare, lodging, and restaurants; lodging in Orlando, Florida, and the Philadelphia area; car rentals; car repairs; admission tickets to Six Flags Great Adventure and Clementon Amusement Park; Amtrak tickets; purchases at Walmart and Filene’s Basement; and restaurant charges in Washington, D.C. and Baltimore, MD.
In addition to the prison term, U.S. District Court Judge Berle M. Schiller ordered restitution in the amount of $151,455, three years of supervised release, and a $100 special assessment.
The case was investigated jointly by the FBI and the Philadelphia Office of the Inspector General, and was initiated by a tip to the Inspector General’s Office. It was prosecuted by Assistant United States Attorney Karen L. Grigsby.
Former Iberia Parish Sheriff’s deputy sentencedRead the Press Release
LAFAYETTE, La. – United States Attorney Stephanie A. Finley announced today that a former Iberia Parish Sheriff’s deputy was sentenced to serve one day in prison, one year of supervised release, 200 hours of community service and one year of location monitoring for striking a handcuffed man.
Cody Laperouse, 29, of New Iberia, La., was sentenced by U.S. Magistrate Judge Patrick Hanna on one count of violating an individual’s civil rights by use of excessive force. He was also ordered to take anger management classes and pay a $2,000 fine. According to evidence presented at the March 24, 2015 guilty plea, Laperouse, while acting as a deputy of the Iberia Parish Sheriff’s Office on September 29, 2013, struck a man who was under arrest and on the ground with his hands cuffed behind his back. Laperouse was one of several officers tasked with dispersing a large crowd around 1:40 a.m. that had gathered after the close of the Sugar Cane Festival in New Iberia. The crowd was asked to disperse, and the victim was arrested during this time. The victim was instructed to lie flat on the ground in a face-down position, but instead remained on his side and did not comply with the instructions. Laperouse struck the victim twice, using excessive force.
The FBI and Iberia Parish Sheriff’s Office Internal Affairs Division conducted the investigation. Assistant U.S. Attorneys Joseph T. Mickel and Jamilla A. Bynog prosecuted the case.
Former HPD Officer Guilty of Aiding and Abetting Possession with the Intent to Distribute CocaineRead the Press Release
HOUSTON – Jasmine Bonner, 27, a former officer with the Houston Police Department (HPD), has been convicted of aiding and abetting possession with the intent to distribute cocaine, announced U.S. Attorney Kenneth Magidson.
Bonner is the final of eight defendants now convicted on charges stemming from a seven-count narcotics conspiracy indictment returned in 2014.
Bonner admitted today that while employed as an HPD officer, she aided Derryck Collins, who had been identified during a federal investigation as a major source of supply for narcotics in the Huntsville area. At the time of the offense, Collins was Bonner’s boyfriend.
A confidential source had been working with officers and negotiated an arrangement to provide cocaine to Collins. He, in turn, informed the source that his girlfriend would meet them during the transaction and she would transport the narcotics.
During the operation, the confidential source entered Bonner’s car and sat in the front passenger seat. Bonner sat in the driver’s seat, while Collins sat in the back seat immediately behind Bonner. The source withdrew a kilogram of cocaine from a bag he carried with him and passed it to the backseat to Collins. Shortly after the transaction, Collins and Bonner left the parking lot driving in tandem and were subsequently arrested.
U.S. District Judge Nancy F. Atlas, who accepted the guilty plea, has set sentencing for Oct. 6, 2015. At that time, she faces a minimum of five and up to 40 years in federal prison and a possible $5 million fine. Bonner will remain in custody pending her sentencing.
Others convicted and also awaiting sentencing in the case include:
Collins, 34, of Huntsville, David Choate, 52, Michael Kelly, 24, and Roddrick Collins, 30, all of Huntsville; and Jarvis Lovelady, 34, Javier Gomez Aguirre, 39, and Carlos Montemayor, 39, all of Houston.
The charges are the result of an investigation by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, Huntsville Police Department and the Montgomery County Sheriff’s Office with the assistance of the Walker County Sheriff’s Office. Assistant U.S. Attorneys John Jocher and Bryan Best are prosecuting the case.
Former Credit Union Chief Operating Officer Pleaded Guilty to Stealing Tax Refund MoneyRead the Press Release
Sherrie Rivera, 53 of Hialeah, pled guilty today to one count of theft of government money, in violation of Title 18, United States Code, Section 641.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), made the announcement.
According to court documents, from 2009 through 2014, Rivera worked as the Chief Operating Officer for a credit union. In that position, Rivera had the ability to access account information, institute fee reversals, and authorize transactions on the credit union’s accounts. Over a five-year period, Rivera stole approximately $385,000 from accounts using different means.
Court documents state that in 2011 a customer’s account at the credit union received a series of tax refunds in different names from the filing of fraudulent tax returns. The U.S. Department of Treasury requested reclamation of these refunds from the credit union. The credit union was supposed to mail checks to the Treasury Department in the amount of the fraudulent refunds. Specifically, the account had a tax refund in the amount of $4,900. On June 1, 2011, Rivera caused a $4,900 check to be written from the account to the U.S. Department of Treasury. Rivera signed the check, but instead of sending the check to the Treasury Department, Rivera told a teller to cash the check and Rivera kept the funds for her personal use. Rivera admitted in an interview to her involvement in this theft of government funds.
Rivera is scheduled to be sentenced on October 2, 2015, before the Honorable Kenneth A. Marra, United States District Judge. At sentencing, the defendant faces a maximum of ten years of imprisonment.
Mr. Ferrer commended the investigative efforts of IRS-CI. This case is being prosecuted by Assistant U.S. Attorney Michael N. Berger.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov
Federal Inmate Sentenced for Synthetic Drug Smuggling SchemeRead the Press Release
FRESNO, Calif. —Tracy McArthur Harris, aka Trey Harris, 42, a federal inmate, was sentenced today to one year in prison to be served consecutively to his current 11-year sentence for conspiring to smuggle half an ounce of synthetic cannabinoids into Taft Correctional Institution, United States Attorney Benjamin B. Wagner announced.
Harris’s sentence follows his guilty plea in May. According to court documents, from December 2012, through April 2013, while incarcerated at Taft Correctional Institution on a previous drug trafficking conviction, Trey Harris conspired to obtain smokable synthetic cannabinoids from his brother James Steven Harris, aka Steve Harris, 44, of Loma Linda, during visits. Some of the drugs, which were seized by prison authorities during the conspiracy, tested positive for XLR11, then a controlled substance analogue. In May 2013, DEA classified XLR11 as a Schedule I controlled substance following reports by the Centers for Disease Control that XLR11 not only produces hallucinogenic effects but causes kidney damage.
“Our office fully supports investigative efforts to address the continuing problem of inmate drug use and drug smuggling in Federal Bureau of Prisons (BOP) institutions,” United States Attorney Wagner said. “The harm of drugs in a prison setting cannot be ignored. Drugs not only interfere with prison officials’ ability to provide a safe and secure environment for inmates and staff but inhibit the rehabilitative potential of inmates with drug problems.”
Steve Harris is scheduled for a status conference on July 27 in federal court in Fresno. The charges against him are only allegations; he is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is the product of an investigation by the Federal Bureau of Investigation and Taft Correctional Institution Special Investigative Supervisor’s Office. Assistant United States Attorney Karen A. Escobar is prosecuting the case.
Facilitator and Fundraiser for Islamic Movement of Uzbekistan Extradited to United States to Face Terrorism ChargesRead the Press Release
Irfan Demirtas, aka Nasrullah, 56, a duel Dutch-Turkish national, made his first appearance today in the U.S. District Court of the District of Columbia on a federal indictment charging him with terrorism offenses arising from his support of the Islamic Movement of Uzbekistan (IMU), a designated foreign terrorist organization.
The indictment was announced by Assistant Attorney General for National Security John P. Carlin, Acting U.S. Attorney Vincent H. Cohen Jr. of the District of Columbia and Assistant Director in Charge Andrew G. McCabe of the FBI’s Washington, D.C., Field Office.
“According to the allegations in the indictment, Demirtas provided material support to the Islamic Movement of Uzbekistan, a designated foreign terrorist organization, through his fundraising and recruiting activities,” said Assistant Attorney General Carlin. “Counterterrorism is the National Security Division’s highest priority and we will continue to pursue justice against those who provide material support to designated foreign terrorist organizations.”
“Today Irfan Demirtas was brought into an American courtroom to face charges that he raised money and recruited fighters for a foreign terrorist organization battling the Afghan government and its allies, including U.S. troops,” said Acting U.S. Attorney Cohen. “His extradition to the United States is an important step forward in holding him accountable for his alleged role in fomenting terror across Europe and the Middle East. Demirtas is one of four defendants currently pending trial on international terrorism charges in separate cases in the federal court here in our nation’s capital. These cases highlight our resolve to find and bring to justice those who support terror around the world.”
“Demirtas was arrested and extradited to face justice in the U.S. because of his role as the European-based fundraiser and recruiter for a designated terrorist organization that directly worked against U.S. forces and our allies,” said Assistant Director in Charge McCabe. “On a daily basis, the FBI is faced with investigating complex cases that involve terrorist threats. Through international partnerships, the FBI will continue to pursue those who provide support to terrorist groups who threaten the security of our nation’s equities around the globe.”
On Dec. 8, 2011, Demirtas was charged in a sealed four-count indictment for conduct occurring from at least January 2006 through May 2008. Specifically, he was charged with providing material support to terrorists, which carries a maximum penalty of 15 years in prison; providing material support and resources to a designated foreign terrorist organization, which carries a maximum penalty of 15 years in prison; receiving military-type training from a foreign terrorist organization, which carries a 10-year prison sentence; and using or carrying a firearm during and in relation to a crime of violence, which carries up to a mandatory 30-year prison sentence.
During the charged conduct, the IMU was a militant Islamic group acting as an armed insurgency against the legitimate government of Afghanistan and its allies, including the armed forces of the United States. The IMU was designated by the U.S. Department of State as a Foreign Terrorist Organization on Sept. 25, 2001. During the conduct charged in the indictment, Demirtas was a resident of the Netherlands. He was appointed by the IMU as its European-based fundraiser. He was responsible for raising funds and recruiting fighters for the IMU. His activities allegedly took place in Pakistan, Afghanistan, Turkey, Jordan, the Netherlands, France and elsewhere outside the United States.
In January 2015, Demirtas was arrested in Germany based on a red notice that had been issued on these charges. He was detained and then extradited to the United States on July 17, 2015. The indictment was unsealed today.
An indictment is merely a formal allegation that a defendant has committed a violation of criminal laws and every defendant is presumed innocent until, and unless, proven guilty.
The case is being investigated by the FBI’s Washington Field Office and is being prosecuted by the U.S. Attorney’s Office of the District of Columbia and the National Security Division’s Counterterrorism Section.
Demirtas Indictment
Facilitator and Fundraiser for Islamic Movement of Uzbekistan Extradited to United States to Face Terrorism ChargesRead the Press Release
WASHINGTON – Irfan Demirtas, aka Nasrullah, 56, a duel Dutch-Turkish national, made his first appearance today in the U.S. District Court for the District of Columbia on a federal indictment charging him with terrorism offenses arising from his support of the Islamic Movement of Uzbekistan (IMU), a designated foreign terrorist organization.
The indictment was announced by Acting U.S. Attorney Vincent H. Cohen, Jr. of the District of Columbia, Assistant Attorney General for National Security John P. Carlin, and Assistant Director in Charge Andrew G. McCabe of the FBI’s Washington, D.C., Field Office.
“Today Irfan Demirtas was brought into an American courtroom to face charges that he raised money and recruited fighters for a foreign terrorist organization battling the Afghan government and its allies, including U.S. troops,” said Acting U.S. Attorney Cohen. “His extradition to the United States is an important step forward in holding him accountable for his alleged role in fomenting terror across Europe and the Middle East. Demirtas is one of four defendants currently pending trial on international terrorism charges in separate cases in the federal court here in our nation’s capital. These cases highlight our resolve to find and bring to justice those who support terror around the world.”
“According to the allegations in the indictment, Demirtas provided material support to the Islamic Movement of Uzbekistan, a designated foreign terrorist organization, through his fundraising and recruiting activities,” said Assistant Attorney General Carlin. “Counterterrorism is the National Security Division’s highest priority and we will continue to pursue justice against those who provide material support to designated foreign terrorist organizations.”
“Demirtas was arrested and extradited to face justice in the U.S. because of his role as the European-based fundraiser and recruiter for a designated terrorist organization that directly worked against U.S. forces and our allies,” said Assistant Director in Charge McCabe. “On a daily basis, the FBI is faced with investigating complex cases that involve terrorist threats. Through international partnerships, the FBI will continue to pursue those who provide support to terrorist groups who threaten the security of our nation’s equities around the globe.”
On Dec. 8, 2011, Demirtas was charged in a sealed four-count indictment for conduct occurring from at least January 2006 through May 2008. Specifically, he was charged with providing material support to terrorists, which carries a maximum penalty of 15 years in prison; providing material support and resources to a designated foreign terrorist organization, which carries a maximum penalty of 15 years in prison; receiving military-type training from a foreign terrorist organization, which carries a 10-year prison sentence; and using or carrying a firearm during and in relation to a crime of violence, which carries up to a mandatory 30-year prison sentence.
During the charged conduct, the IMU was a militant Islamic group acting as an armed insurgency against the legitimate government of Afghanistan and its allies, including the armed forces of the United States. The IMU was designated by the U.S. Department of State as a Foreign Terrorist Organization on Sept. 25, 2001. During the conduct charged in the indictment, Demirtas was a resident of the Netherlands. He was appointed by the IMU as its European-based fundraiser. He was responsible for raising funds and recruiting fighters for the IMU. His activities allegedly took place in Pakistan, Afghanistan, Turkey, Jordan, the Netherlands, France and elsewhere outside the United States.
In January 2015, Demirtas was arrested in Germany based on a red notice that had been issued on these charges. He was detained and then extradited to the United States on July 17, 2015. The indictment was unsealed today.
An indictment is merely a formal allegation that a defendant has committed a violation of criminal laws and every defendant is presumed innocent until, and unless, proven guilty.
The case is being investigated by the FBI’s Washington Field Office and is being prosecuted by the U.S. Attorney’s Office of the District of Columbia and the National Security Division’s Counterterrorism Section.
Crawford County Man Sentenced to over 24 Years in Federal Prison on Methamphetamine ChargesRead the Press Release
A Crawford County man, David C. Halterman, 45, of Palestine, IL, was sentenced on July 20, 2015, to over 24 years (292 months) in federal prison on methamphetamine charges, Stephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced today.
"Methamphetamine is a cancer on our society, ruining lives and destroying communities." said United States Attorney Wigginton. "It is my fervent hope that the long sentences that result from use of methamphetamine will deter young folks from falling prey to the manufacture and use of this deadly chemical! Methamphetamine will rob you not only of the present, but of any future you might expect."
Halterman was also ordered to serve five years’ supervised release following his imprisonment, and fined $400. Halterman had previously pleaded guilty. The indictment charged that Halterman, Rebecca A. Moore, 37, of Yale, Illinois, Ashley M. Attaway, 30, of Yale, Illinois, and Ricky Lee Roberts, II, 39, of Franklin, Indiana, conspired to knowingly and intentionally distribute methamphetamine, and, that on October 11-12, 2013, in Jasper County, Halterman knowingly and intentionally possessed with the intent to distribute fifty grams or more of methamphetamine.
Attaway was previously sentenced to 188 months in prison; Moore to 168 months in prison, and Roberts to 262 months in prison.
The investigation in this case was conducted by the Jasper County Sheriff’s Department, the Crawford County Sheriff’s Department, and the Bureau of Alcohol, Tobacco, and Firearms. The Jasper County State’s Attorney’s Office has assisted throughout the investigation in this case.
The case is being handled by Assistant United States Attorney George Norwood.
Colombian Narcotics Trafficker Sentenced in Manhattan Federal Court to 25 Years in Prison for Conspiring with West African Military Officials to Engage in Narco-TerrorismRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced today that RAFAEL ANTONIO GARAVITO-GARCIA was sentenced to 25 years in prison for his participation in a conspiracy to engage in narco-terrorism (Count One), a conspiracy to distribute five kilograms or more of cocaine, knowing or intending that the cocaine would be imported into the United States (Count Two), a conspiracy to provide material support and resources to the Fuerzas Armadas Revolucionarios de Colombia (the “FARC”) (Count Three), and a conspiracy to acquire and transfer anti-aircraft missiles (Count Four). Garavito was arrested in April 2013, following a long-term investigation conducted by the Drug Enforcement Administration’s (“DEA”) Special Operations Division, and arrived in the Southern District of New York on July 22, 2014. On March 26, 2015, Garavito was convicted on all four counts with which he was charged following an eight-day trial before U.S. District Judge Jed S. Rakoff, who imposed sentence. GARAVITO-GARCIA’s conviction marked the first time in the District that a defendant had been convicted at trial of conspiring to engage in narco-terrorism.
Manhattan U.S. Attorney Preet Bharara said: “Rafael Antonio Garavito-Garcia was at the hub of a narco-terrorism conspiracy that targeted the United States. His aims were to import massive quantities of cocaine into the U.S., while at the same time arming the FARC with sophisticated weaponry to be used against U.S. forces in Colombia. I want to thank our partners at the National Security Division and the DEA for their excellent work in this investigation and prosecution.”
According to court documents and the evidence presented at trial:
Beginning in the summer of 2012, GARAVITO-GARCIA communicated with confidential sources (the “CSs”) working with the DEA who purported to be representatives and/or associates of the FARC. The communications occurred by telephone, over e-mail, and in a series of audio-recorded and videotaped meetings. Following initial recorded meetings in Brazil, GARAVITO-GARCIA accompanied the CSs to Guinea Bissau, where he introduced them to two local men, whom he indicated were his associates in that country. GARAVITO-GARCIA later introduced the CSs to a Colombian man, whom GARAVITO-GARCIA identified as his drug trafficking partner.During meetings in Guinea-Bissau beginning in June 2012, and continuing through November 2012, GARAVITO-GARCIA agreed to receive and store multi-ton shipments of FARC-owned cocaine in Guinea-Bissau. He agreed, in particular, to receive the cocaine in Guinea-Bissau and to store the cocaine there pending the eventual shipment of some of the cocaine to the United States, where it would be sold for the financial benefit of the FARC. GARAVITO-GARCIA also agreed to sell some of the cocaine himself, and to provide the FARC with some of the proceeds of his drug sales. Also during those meetings, GARAVITO-GARCIA and his associates agreed to help arrange to purchase weapons for the FARC, including surface-to-air missiles, by importing them into Guinea-Bissau for the nominal use of the Guinea-Bissau military.
For example, on June 30, 2012, during a recorded meeting in Guinea Bissau with the CSs, GARAVITO-GARCIA and his Guinea Bissau-based associates agreed to assist in the distribution of FARC cocaine by facilitating the shipment of cocaine to Guinea Bissau inside loads of military uniforms. They also agreed to establish a front company in Guinea Bissau to facilitate the export of cocaine from Guinea Bissau to the United States. On July 2, 2012, GARAVITO-GARCIA introduced the CSs to General Antonio Indjai,[1] who was then head of the Guinea-Bissau Armed Forces, and helped win Indjai’s support for the drug and weapons deal. During another recorded meeting in Guinea Bissau the following day, GARAVITO-GARCIA met with the CSs and a Guinea Bissau military representative and discussed the benefits of using Guinea Bissau as a transshipment point for cocaine obtained in South America and destined for the United States. GARAVITO-GARCIA also discussed with the others the process for offloading the cocaine once it arrived in Guinea Bissau, and the nature of the weapons to be supplied to the FARC to combat American forces in Colombia, including surface-to-air missiles and AK-47 assault rifles.
Thereafter, on August 31, 2012, during a recorded meeting in Bogota, Colombia, GARAVITO-GARCIA and his Colombian partner agreed to facilitate the receipt of approximately 4,000 kilograms of cocaine from the FARC in Guinea Bissau, with the understanding that approximately 500 kilograms of that cocaine would later be sent to customers in the United States and Canada. During a recorded meeting in Guinea Bissau on November 13, 2012, GARAVITO-GARCIA explained to a Guinea Bissau military official that the FARC needed anti-aircraft missiles to be used against United States helicopters operating in Colombia. The military official then advised one of the CSs that the weapons transaction could be executed once the FARC brought money to Guinea Bissau.
GARAVITO-GARCIA was arrested in Bogota, Colombia, on April 5, 2013.
* * *
In addition to the term of imprisonment, GARAVITO-GARCIA, 70, was sentenced to five years of supervised release.
The conviction was the result of the close cooperative efforts of the United States Attorney’s Office for the Southern District of New York, DEA’s Special Operations Division and DEA’s Foreign-deployed Advisory Support Team, the DEA Lisbon Country Office, the DEA Bogota Country Office, the U.S. Department of Justice’s Office of International Affairs and National Security Division, and the U.S. State Department.
This prosecution is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant United States Attorneys Aimee Hector, Shane Stansbury, and Ilan Graff are in charge of the prosecution.
[1] In April 2013, an indictment was unsealed charging Indjai with conspiracy to commit narco-terrorism, conspiracy to import cocaine into the United States, conspiracy to provide material support to the FARC, and conspiracy to acquire and transfer anti-aircraft missiles. Indjai is currently a charged defendant located outside the arrest jurisdiction of the United States. The charges against Indjai are merely accusations and he is presumed innocent unless and until proven guilty
Colombian Man Sentenced for False Claims of U.S. Citizenship and Aggravated Identity TheftRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. today sentenced Jaime Tovar-Montoya to three years and three months in federal prison for falsely claiming to be a U.S. citizen and aggravated identity theft. A federal jury found him guilty of the charges on April 22, 2015.
According to court documents, in 2010, Tovar, a citizen of Colombia, applied for and received a Florida Identification Card. In his application, he claimed that he was a U.S. citizen and used the name and birth certificate of a resident of Puerto Rico. Later that year, Tover used the identification card as proof of identity to apply for a U.S. passport. He again claimed to be a U.S. citizen and used the same name, birth date, and Social Security of the resident of Puerto Rico.
Under federal law, a person who uses a means of identification of another person without lawful authority in order to commit another felony offense is guilty of aggravated identity theft, which carries a mandatory two year sentence in addition to any other sentence received.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Bruce S. Ambrose.
Civil Complaint Alleges Fraud by Operators of Community Mental Health ClinicsRead the Press Release
PHILADELPHIA – On July 20, 2015, the U.S. Attorney’s Office for the Eastern District of Pennsylvania filed a civil health care fraud lawsuit under the False Claims Act against Melchor Martinez, Melissa Chlebowski, both of Allentown, PA, and their businesses Northeast Community Mental Health Centers (in Philadelphia), Lehigh Valley Community Mental Health Centers (in Allentown, Easton and Bethlehem), and North Carolina Community Mental Health Centers (in Raleigh, North Carolina). The institutional defendants are community mental health clinics funded largely by Medicaid and Medicare. The lawsuit was announced by United States Attorney Zane David Memeger.
Martinez was convicted of Medicaid fraud in 2000 by the Commonwealth of Pennsylvania. As a result, he was excluded from participating in all federally funded health care programs, including Medicaid and Medicare. The exclusion prohibited Martinez from owning, managing or receiving payments from any federally funded health care provider. The United States alleges that in spite of his exclusion, Martinez, assisted by his wife Chlebowski, continued to own and operate the Northeast and Lehigh Valley clinics, and that, in 2009, while his exclusion was ongoing, he started up the North Carolina clinic in Raleigh, North Carolina.
The United States alleges that during Martinez’s exclusion, the Northeast and Lehigh Valley clinics also billed Medicaid for psychiatrist visits of very brief duration, sometimes as little as two to three minutes, while fraudulently representing that patients were being seen for a 15 minute visit. In addition, the Northeast and Lehigh Valley clinics billed Medicaid and Medicare for the services of “therapists” who were not qualified to provide mental health services. The complaint also alleges that the Northeast and Lehigh Valley clinics fraudulently billed Medicare for therapy services allegedly provided without the requisite supervision.
“This civil complaint reflects our focus on pursuing individuals who defraud Medicaid and Medicare, especially after they have previously defrauded those programs and been barred from participating in them,” said Memeger.
The complaint was filed in a case brought under the qui tam provisions of the False Claims Act by a private citizen, called a “relator,” who may bring suit on behalf of the United States and share in any recovery. The United States may intervene in the case, as it has done here. Under the False Claims Act, a person that causes the submission of false or fraudulent claims to the government is liable for three times the government’s damages, plus civil penalties for each false claim. The claims asserted against the defendants are allegations only, and there has been no determination of liability.
This matter was investigated by the U.S. Department of Health and Human Services’ Office of Inspector General and the U.S. Attorney’s Office for the Eastern District of Pennsylvania, with assistance from the Pennsylvania Office of Attorney General and the North Carolina Department of Justice. The case is assigned to Assistant U.S. Attorneys Judith A. Amorosa, Susan R. Becker, and Viveca D. Parker of the Civil Division, and health care fraud auditor George Niedzwicki.
The lawsuit is captioned United States v. Melchor Martinez, et al. (E.D. Pa.).
Beckley man pleads guilty to federal firearm chargeRead the Press Release
BECKLEY, W.Va. – United States Attorney Booth Goodwin announced that Kevin Terrell, 29, of Beckley, West Virginia, plead guilty in federal court in Beckley today to being a convicted felon in possession of a firearm. On January 13, 2015, law enforcement officers seized an assault rifle from Terrell’s residence on Granville Avenue in Beckley. Terrell admitted that he possessed the rifle, knowing that he was prohibited because of prior felony convictions in 2007 for unlawful wounding and felony destruction of property. Under federal law, a convicted felon is prohibited from possessing any firearm.
Terrell faces up to 10 years in prison and a $250,000 fine. United States District Judge Irene C. Berger scheduled the sentencing for November 18, 2015.
The United States Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation.
Assistant Attorney General John C. Cruden Appoints Andrea L. Berlowe to be Counselor for State and Local MattersRead the Press Release
Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division (ENRD) announced the creation of a new position designed to facilitate work with State and local government attorneys.
Andrea L. Berlowe – Counselor to the Assistant Attorney General for State and Local Matters
The newly created role of Counselor for State and Local Matters is designed to facilitate the joint efforts by the division and its environmental partners in state and local governments. In this important position, Berlowe will work with the National Association of Attorneys General, the Environmental Council of the States (ECOS) and individual attorneys in state and local governments who work on environment and natural resource matters. She also will advise and assist ENRD’s leadership in litigation, legislation and policy matters affecting state and local governments.
“The majority of environmental litigation takes place at the state and local level and, therefore, cooperative federalism is a top priority for ENRD,” said Assistant Attorney General Cruden. “Andrea’s breadth of experience in the division will make her an effective liaison between the division and our enforcement partners in state and local governments and build on our prior efforts to foster these critical relationships.”
One important function of the counselor will be to increase collaboration with our state and local partners to achieve shared environmental enforcement goals. Such collaboration may range from developing and implementing joint training to serving as a resource for state and local counterparts on issues of shared concern. The counselor also will advise and assist the division regarding litigation, legislation and policy matters affecting state and local governments.
“I would like to thank Assistant Attorney General John C. Cruden for his insight with the creation of the position of Counselor on State and Local Matters,” said NAAG President Marty Jackley of South Dakota. “Allocating resources to work directly with state and local governments is invaluable and we look forward to fostering this partnership while addressing the environment and natural resource issues that affect every citizen throughout the country.”
“We commend Assistant Attorney General Cruden for his attention to improving the state-federal legal relationship,” said ECOS President Robert J. Martineau Jr., Commissioner of the Tennessee Department of Environment and Conservation. Martineau, an attorney with past service in the federal government, has made improving coordination between states and the federal government on legal matters a priority while at the helm of the national organization of state environmental agency heads. “We look forward to making this renewed function at the U.S. Department of Justice Environment and Natural Resources Division productive and positive.”
Berlowe joined ENRD through the Attorney General’s Honors Program in 1993, serving first as a Trial Attorney, then Senior Attorney, in the Division’s Natural Resources Section. Since 2001, she has served as Senior Counsel in the Law and Policy Section (LPS) where she handled a wide variety of policy, litigation and legislative matters involving public lands and natural resources, oceans issues, professional responsibility, and international environmental law. During her ENRD tenure, Berlowe has litigated a broad array of cases in federal district courts and courts of appeal and worked closely with the division’s leadership office on policy matters. She has received multiple awards from ENRD and client agencies for her work. In 2013, Berlowe was detailed as special counsel to the newly established Gulf Coast Ecosystem Restoration Council, a new federal entity created by Congress and comprised of six federal agencies and the five Gulf Coast states, which is tasked with developing and funding comprehensive ecological and economic recovery of the Gulf Coast region following the Deepwater Horizon disaster. She earned a J.D., cum laude, and a Masters in Environmental Law and Policy, summa cum laude, from Vermont Law School and holds a B.S. in Zoology from the University of Vermont.
Anchorage Couple Sentenced for Drug, Gun, and Money Laundering CrimesRead the Press Release
Anchorage, Alaska - U.S. Attorney Karen L. Loeffler announced today that an Anchorage couple was sentenced on Friday, July 17, 2015, by United States District Court Judge Timothy M. Burgess to serve 135 months and 72 months respectively for their involvement in drug trafficking, money laundering, and gun crimes.
Daniel Martin Harris, 28, of Anchorage, Alaska, previously pled guilty to drug trafficking and money laundering crimes as well as being a convicted felon in possession of multiple firearms. Daniel’s wife, Sandra Luz Harris, 26, also of Anchorage, previously admitted maintaining the couple’s Anchorage home for the purpose of distributing methamphetamine and heroin.
According to Assistant U.S. Attorney Stephanie C. Courter, who prosecuted both cases, Daniel Harris was a longtime heroin and methamphetamine dealer in the Anchorage area. He regularly purchased both drugs on credit from his Anchorage-based supplier. After selling the drugs, Mr. Harris then kept the profits for himself. With these funds, he purchased vehicles, including a 1977 Corvette and a 1970 El Camino, as well as other items, which he later took affirmative steps to hide from law enforcement. Mr. Harris returned the remaining cash proceeds to his source in order to promote the parties’ continued drug trafficking. Over a six month period in 2013, Mr. Harris paid his supplier approximately $508,000 in cash drug proceeds. In October and November 2013, he paid his supplier an additional $75,000 in cash earned from selling heroin and methamphetamine.
In October 2013, federal investigators raided the Anchorage house where Mr. Harris’ supplier maintained his drug operation. During the search, investigators recovered five pounds of methamphetamine, five kilograms of cocaine, and tens of thousands of dollars in cash. They also seized a detailed drug ledger cataloguing Mr. Harris’ drug distribution and money laundering activities.
One month later, in November 2013, officers of the Anchorage Police Department (APD) responded to a 911 call from the trailer that Mr. Harris shared with his wife and young son. While at the residence, investigators discovered that the Harris couple had stored large quantities of heroin and methamphetamine as well as numerous items of drug paraphernalia, including milk jugs full of syringes used for injecting heroin, loaded syringes full of heroin, large amounts of cash, multiple digital scales, and a money counter. In the master bedroom, investigators discovered a backpack containing approximately 331 grams of methamphetamine, 372 grams of heroin, and a loaded handgun. Elsewhere inside, they found multiple additional firearms, including an AR-15 rifle and two semi-automatic pistols, a grinder containing more heroin, and other indicia of significant, large-scale drug trafficking activities.
In sentencing the couple, Judge Burgess noted the seriousness of their offenses and the need to protect the public. In Daniel Harris’ case, Judge Burgess specifically remarked that mixing guns and drugs is often a prescription for disaster. In sentencing Sandra Harris, who had no criminal history prior to becoming involved in her husband’s drug trafficking, Judge Burgess noted that there was a good chance that she could be rehabilitated but cautioned that the seriousness of her actions could not be ignored.
Following his release from custody, Daniel Harris will be on supervised release for a total of five years. The court also entered a money judgment against Mr. Harris in the amount of $583,000 – the total amount of drug money laundered as part of the case. Following her release, Sandra Harris will be on supervised release for three years, during which time she will have to complete 200 hours of community service. Mrs. Harris was not included in the money judgment as she was not directly involved in her husband’s money laundering crimes.
In announcing the sentences, U.S. Attorney Loeffler thanked the many agents whose work contributed to the cases. The cases were investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF), and included the work of agents from the Drug Enforcement Administration (DEA), the Internal Revenue Service Criminal Investigations (IRS-CI), the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Federal Bureau of Investigation (FBI) and the Anchorage Police Department (APD).
Albuquerque Man Pleads Guilty to Robbing 16 Businesses in New Mexico, Texas and Colorado During Three Month Period in 2012Read the Press Release
ALBUQUERQUE – Christopher Perea, 30, of Albuquerque, N.M., pleaded guilty today in federal court to violating the Hobbs Act by robbing 16 businesses involved in interstate commerce. The guilty plea was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD).
Perea was arrested in Oct. 2012, based on an indictment charging him with violating the Hobbs Act by robbing an Albuquerque business that was engaged in interstate commerce.
During today’s proceedings, Perea entered a guilty plea to the one-count indictment and a 15-count felony information charging him with interfering with interstate commerce by robbing the following 16 businesses between May 2012 and July 2012:
- Satellite Coffee on Montgomery Blvd. NW in Albuquerque on May 11, 2012;
- Subway located on Louisiana NE in Albuquerque on June 1, 2012;
- Kentucky Fried Chicken on San Mateo NE in Albuquerque on June 7, 2012;
- Radio Shack on Lomas NE in Albuquerque on June 10, 2012;
- Subway on Jefferson NE in Albuquerque on June 17, 2012;
- Subway on Montgomery Blvd. NW in Albuquerque on June 21, 2012;
- Flower Company on Juan Tabo NW in Albuquerque on June 21, 2012;
- GameStop on Lamar Blvd. in Austin, Texas, on June 26, 2012;
- GameStop on Brodie Lane in Sunset Valley, Texas, on June 27, 2012;
- GameStop on N IH 35 in Austin, Texas, on June 28, 2012;
- GameStop on The Lakes Blvd. in Austin, Texas, on July 2, 2012;
- Radio Shack on Colorado Blvd. in Denver, Colo., on July 5, 2012;
- GameStop on E. Quincy Ave. in Aurora, Colo., on July 7, 2012;
- Radio Shack on Colfax Ave. in Denver, Colo., on July 7, 2012;
- Hobby Lobby on S. Monaco Pkwy. in Denver, Colo., on July 9, 2012; and
- GameStop on Southgate Rd. in Colorado Springs, Colo., on July 10, 2012.
In entering guilty pleas to the robberies he committed in Texas and Colorado, Perea waived his right to be tried separately in Texas and Colorado for the crimes committed in those states, and instead agreed to consolidate all the proceedings in the District of New Mexico.
Perea has been in federal custody since his arrest in Oct. 2012, and remains detained pending his sentencing hearing. Perea faces a statutory maximum sentence of 20 years on each of the 16 Hobbs Act counts to which he pleaded guilty.
This case was investigated by the Albuquerque office of the FBI. The FBI partnered with APD to investigate the Albuquerque robberies; it partnered with the Austin (Texas) Police Department to investigate the Texas robberies and with the Aurora (Colorado) Police Department to investigate the Colorado robberies.
Assistant U.S. Attorney Jon K. Stanford is prosecuting the case as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, under this initiative.
Alabama Firefighter Sentenced for Illegal Guided Deer HuntsRead the Press Release
DES MOINES, IA - On July 17, 2015, Robert J. Wilkins, 53, of Semmes, Alabama, was sentenced by United States District Court Judge James E. Gritzner to 4 years of probation for Wilkins’ role in guiding illegal deer hunts in Iowa, announced United States Attorney Nicholas A. Klinefeldt. As conditions of his probation, Wilkins must serve 6 months of home confinement and pay $12,000 in restitution to the Iowa Department of Natural Resources. Wilkins was also ordered to pay a $100 special assessment to the Crime Victims Fund.
Beginning in at least 2010, Wilkins guided out-of-state hunters, who did not have Iowa hunting license or tags, during illegal white-tail buck deer hunts on land in rural Lucas County. Wilkins arranged for the hunts, provided hunting equipment, collected guide fees, provided instructions to hunters for avoiding detection by game wardens and law enforcement, helped process illegally taken deer, and transported the meat, capes and antlers of illegally taken deer from Iowa to Alabama.
This investigation was conducted by the United State Fish and Wildlife Service, the Iowa Department of Natural Resources, and the Alabama Game and Fish Division, and was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
ADA 25th Anniversary: Advancing Equal Access!Read the Press Release
CEDAR RAPIDS, IOWA – On July 26th the nation recognizes the 25th anniversary of the landmark legislation known as the Americans with Disabilities Act (ADA). With this legislation, the nation committed itself to eliminating discrimination against people with disabilities. The United States Department of Justice’s Civil Rights Division plays a critical role in enforcing the ADA, working towards a future in which all the doors are open to equality of opportunity, full participation, independent living, integration and economic self-sufficiency for persons with disabilities.
The ADA sets four goals for people with disabilities:
1. Equal opportunity;
2. Full participation;
3. Independent living; and
4. Economic self-sufficiency.
The ADA’s purpose is simple. The ADA is about securing for people with disabilities the most fundamental of rights—the right to live in the world. It ensures they can go places and do things that other Americans take for granted.
The United States Attorney’s Office for the Northern District of Iowa also plays a vital role in enforcing the ADA and ensuring equal access to all. The office declared its unwavering enforcement of the legislative mandates during a press event held in front of the federal courthouse, surrounded by various non- governmental agency and organization representatives active in support of those persons with disabilities. United States Attorney Kevin W. Techau stated, “The purpose of the event is to celebrate the ADA by discussing how this legislation helped people with disabilities fulfill the American vision of equal opportunity for all.”
Techau recognized the significance of the ADA and its many milestones since its passage in 1990, but noted that compliance is something that must be enforced every day. Toward that end, he announced his office has launched a review of select businesses to determine ADA compliance. Techau stated, “It’s been a quarter of a decade since the passage of this legislation and no public accommodation should have an excuse for noncompliance.”
Questionnaires have been sent to 50 establishments that are expected to timely report on their ADA compliance. From this number several will be selected for an on-sight inspection conducted by trained inspectors familiar with ADA requirements.
As part of the review, restaurant owners and operators are being asked to complete a Survey Form, supplied by the Government, indicating their restaurant's accessibility. Investigators may then conduct on-site inspections to confirm survey responses and to evaluate compliance with federal ADA regulations. Owners and operators of restaurants found to be non-compliant will have the option of entering into a Voluntary Compliance Agreement with the Government whereby they voluntarily agree to upgrade their facilities to meet ADA requirements. Owners and operators found to be engaging in a pattern or practice of discrimination, or that fail to enter Voluntary Compliance Agreements, may face a civil lawsuit brought by the Government and/or be subject to penalties, including monetary damages and civil fines.
Techau stressed, “ADA enforcement is a top priority for our office. We will continue to investigate and bring appropriate enforcement actions when people fail to obey the requirements of the ADA law. No one should be unfairly deprived of the opportunity to enjoy a meal out. We will take all reasonable legal steps to make sure they have equal access. It is our expectation that any restaurants found to be seriously deficient will voluntarily upgrade their facilities and avoid litigation. We also hope that proprietors who are today planning renovations of new restaurants will keep the ADA firmly in mind before finalizing those plans, when it is much less costly to do so.”
The compliance review was initiated in June by seeking information and assistance from organizations that might be able to identifying entities with accessibility concerns. The request for information was broad and sought information on any non-complying business generally open to the public. Inputs from these organizations, as well as analysis from the responses to the 50 ADA questionnaires, will guide the U.S. Attorney’s Office in deciding where to focus its attention.
The findings from the on-site inspections determine what action, if any, might be necessary to ensure compliance. For a first time violation under Title III of the ADA the monetary penalties are up to $75,000; for a subsequent violation the maximum monetary penalty is $150,000.
If you or someone you know has been a victim of discrimination under the ADA, please contact the U.S. Attorney’s Office at the address below. You may also email a photograph depicting what you believe represents restricted accessibility (please identify the business and its address):
United States Attorney’s Office
Civil Rights Unit – Civil Division
111-Seventh Avenue SE, Box 1
Cedar Rapids, IA 52401‑2101
A complaint form can be found at - http://www.ada.gov/complaint/
Complaints can be emailed to: [email protected]
Fax: 319-363-1990
TTY: 319-286-9258
ADA Phone: 319-363-0534Follow us on Twitter @USAO_NDIA.
$1 Million in Heroin SeizedRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces the filing of a criminal complaint charging Jose Angel Cerillo (41, Brownsville, Texas) and Maria Zacharias (59, Chalmette, Louisiana) with conspiracy to possess with intent to distribute one kilogram or more of heroin. If convicted, they each face a minimum of 10 years, up to life, in federal prison.
According to the complaint, Cerillo and Zacharias agreed to possess with the intent to distribute one kilogram or more of heroin. At the time of their arrests, they were in possession of approximately 2.5 kilograms of the drug, which had an estimated street value of one million dollars.
A criminal 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 until, and unless, proven guilty.
This case was investigated by the Federal Bureau of Investigation and the Tampa Police Department. It will be prosecuted by Assistant United States Attorney Matthew Perry.
Saturday 18 July 2015
Pennsylvania Man Arrested, Charged with Production of Child PornogrphyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul, Jr. announced today that Thomas Gillespie, 41, of East Brady, PA, was arrested and charged by criminal complaint with production of child pornography. The charge carries a maximum penalty of 30 years in prison and a $250,000 fine.Assistant U.S. Attorney Scott S. Allen, Jr., who is handling the case, stated that according to the complaint, in July and August of 2014, the defendant contacted the 10 year old victim through social media. Gillespie asked the victim to take and send him sexually explicit photos and videos. During the execution of a search warrant at the defendant’s East Brady residence, law enforcement officers recovered three computer hard drives. A forensic analysis of the hard drives recovered over 100 photos and videos of the victim and other victims, known and unknown to law enforcement.
The defendant made an initial appearance today before U.S. Magistrate Judge Jeremiah J. McCarthy and is being detained.
The complaint is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation Child Exploitation Task Force which includes the Buffalo Police Department, Cheektowaga Police Department, and Niagara County Sheriff’s Office.
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.
Friday 17 July 2015
VA Employee Charged with Falsifying Medical Records of Numerous VeteransRead the Press Release
AUGUSTA, GA: A 50-count indictment, unsealed today in federal court, has charged Cathedral Henderson, 50, a U.S. Department of Veterans Affairs (VA) employee and the former Chief of Fee Basis over non-VA Care at the Charlie Norwood VA Medical Center in Augusta, Georgia, with crimes related to his alleged falsification of the medical records of numerous VA patients. The indictment alleges that Henderson terminated unresolved consults – medical appointments that had not been scheduled or completed – by falsely stating in VA patients’ medical records that “services have been completed or patient refused services.”
United States Attorney Edward Tarver stated, “The crimes alleged in this indictment are troubling. Our VA officials and employees are entrusted with the health and welfare of some of the most honorable and vulnerable in our nation – our veterans. Patients, doctors, nurses and hospitals rely heavily upon the truth and accuracy of our permanent medical records. The intentional falsification of veterans’ medical records is a serious offense and will not be tolerated.”
Assistant Inspector General for Investigations Quentin G. Aucoin stated, “The VA Office of Inspector General (OIG) vigorously investigates allegations regarding VA employees who alter medical records with false statements in order to conceal unfulfilled consults for medical procedures. These alleged actions give the appearance that medical care was rendered or, in some cases, the appearance that veterans declined medical care. Alterations of medical records and false statements in these records needlessly expose patients to harm and also undermine the integrity of VA data relied upon by VA decision-makers, who oversee and manage operations.”
Henderson has been charged with 50 counts of making false statements. If convicted, Henderson faces a maximum sentence of 5 years in prison and a $250,000 fine on each count. An indictment is only an accusation and is not evidence of guilt. The defendant is entitled to a fair trial, during which it will be the Government’s burden to prove guilt beyond a reasonable doubt.
The case was investigated by Special Agents from the VA-OIG’s Office of Investigations, with assistance from clinical staff in the VA-OIG’s Office of Healthcare Inspections. Assistant United States Attorney Lamont Belk is prosecuting the case on behalf of the United States. Any questions should be directed to First Assistant United States Attorney James D. Durham at (912) 201-2547.
U.S. Attorney’s Office Hosted 3rd Annual Youth Legal and Law Enforcement SymposiumRead the Press Release
ATLANTA – The U.S. Attorney’s Office hosted its 3rd Annual Youth Symposium on Thursday, July 16, 2015. The symposium included overviews of both federal criminal prosecutions and civil proceedings from various agencies including the Acting U.S. Attorney, with presentations from the FBI, DEA, U.S. Secret Service, the Social Security Administration – Office of the Inspector General, Federal Bureau of Prisons, and the Department of Homeland Security Investigations.
“This summit is an incredible opportunity to personally connect with so many talented young people and encourage them toward positive futures after high school and college,” said Acting U.S. Attorney John Horn. “They are able to see so many possibilities for a career in law enforcement, and we hope this event strengthens their trust and understanding in the justice system as well.”
More than 125 students and guests were provided with a basic understanding of the criminal justice system, helping foster relationships between law enforcement and the communities they serve, and informing students of career opportunities in federal law enforcement.
“A career in law enforcement could be very rewarding,” said Assistant U.S. Attorney and Community Outreach Coordinator Loranzo Fleming. “Indeed, one can ‘do well’ and ‘do good’ at the same time; you do not have to choose one or the other.”
Special Agents from the participating agencies shared information about requirements for employment, training, job duties, and responsibilities. Each presenter encouraged students to strive for academic excellence and to consider a career in law enforcement. They also shared interesting, real-life stories. For example, U.S. Bureau of Prison personnel explained that life behind bars is much different than seen on television.
After the presentations from federal law enforcement agencies, the students and guests visited the courtrooms of U.S. District Judge Richard W. Story, U.S. Magistrate Judge Justin S. Anand, and U.S. Magistrate Judge Russell G. Vineyard. The judges provided information about the structure and function of the court system; layout and design of the courtroom; and shared information about their job duties and responsibilities. The judges also gave inspirational messages and encouraged students to consider legal and law enforcement careers.
The students and invited guests represented various organizations including the Cascade United Methodist Church Youth Ministry, Operation P.E.A.C.E. Inc., Russell Management Resident Services, Inc., DeKalb County Juvenile Court Journey & Youth Achievement Programs, Fulton County Junior D.A., Program, Urban League of Greater Atlanta – Urban Youth Empowerment Program & Neighborhood College Program, Fulton County Junior Deputy Clerk Program, and Atlanta Bar Association Summer Law Intern Program.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division is http://www.justice.gov/usao-ndga.
Two Mason City Men Sentenced to Federal Prison for Meth-Distribution ConspiracyRead the Press Release
Two men have been sentenced to federal prison for their roles in a Mason City area methamphetamine distribution conspiracy.
Shawn Benedict Zimmerman, age 42, of Clear Lake, Iowa, received his prison term after an April 20, 2015, guilty plea and Shane Lester McRoberts, age 28, of Nora Springs, Iowa, received his prison term after an April 16, 2015, guilty plea. Zimmerman and McRoberts each pled guilty to conspiracy to distribute methamphetamine.
Information provided by the United States at the sentencing and change of plea hearings revealed that, during the conspiracy between June 2014 and December 2014, Zimmerman supplied methamphetamine to McRoberts, who sold methamphetamine for him. Zimmerman controlled the operation. McRoberts was selling methamphetamine sourced by Zimmerman. During his involvement in the conspiracy McRoberts distributed more than 5 grams of pure methamphetamine.
Zimmerman and McRoberts, were sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Zimmerman was sentenced to 188 months’ imprisonment and McRoberts was sentenced to 45 months’ imprisonment. Zimmerman and McRoberts must also serve a 5-year term of supervised release after the prison term. Zimmerman and McRoberts were each ordered to pay a $100 special assessment. There is no parole in the federal system.
Both are being held in the United States Marshal’s custody until they can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Jack Lammers and investigated by the North Central Iowa Narcotics Task Force, Cerro Gordo County Sheriff’s Office, Mason City Police Department, Iowa Division of Narcotics Enforcement, and Iowa Division of Criminal Investigation.
Court file information is available at https://ecf.iand.uscourts.giv/cgi-bin/login.pl.
The case file number is 15-3011.
Follow us on Twitter @USAO_NDIA.
Three Tennessee Men Plead Guilty to Killing During Home-Invasion RobberyRead the Press Release
Three Clarksville, Tennessee, men pleaded guilty to using a firearm to kill during a home-invasion robbery. Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney David Rivera of the Middle District of Tennessee made the announcement.
Cornell Oliver, 23, and Blake Wright, 25, pleaded guilty today before Chief U.S. District Judge Kevin H. Sharp to use of a firearm in a crime of violence resulting in death. Jerry Dinkins, 26, pleaded guilty on June 26, 2015, to the same offense. Wright and Oliver will be sentenced on Nov. 10, 2015, and Dinkins will be sentenced on Oct. 23, 2015.
According to the plea agreements, on Oct. 27, 2010, Oliver, Dinkins and Wright participated in a home-invasion robbery at a crack house in Clarksville, and that the defendants targeted the house and the victim Raymond Caston, aka Black, because he was known to cook and sell substantial amounts of crack cocaine at the house and to have large amounts of cash.
The plea agreements provide that, when the defendants arrived at the house, one of the defendants kicked open the door. At the time, at least eight people were inside the house. The defendants then entered and demanded money and drugs from Caston. One of the defendants proceeded to hit Caston with a gun. After Caston indicated that he did not have money or drugs, the defendants forced Caston outside. People inside the house then heard multiple gunshots, but did not see which of the defendants actually fired shots. The defendants then fled, and Caston, who had been shot three times, was pronounced dead at the scene.
DNA and other physical and forensic evidence collected at the scene and eyewitness accounts also connected the defendants to the murder.
The case was investigated by Clarksville Police Department and the Drug Enforcement Administration. The case is being prosecuted by Trial Attorney Laura Gwinn of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Lynne T. Ingram of the Middle District of Tennessee.
Dinkins Plea Agreement
Oliver Plea Agreement
Wright Plea Agreement
Three Tennessee Men Plead Guilty for Using A Firearm in Crime of Violence Resulting in DeathRead the Press Release
Cornell Oliver, 23, and Blake Wright, 25, both of Clarksville, Tennessee, pleaded guilty today for their role in the murder of Raymond Caston, during a home-invasion robbery on October 27, 2010, announced David Rivera, U.S. Attorney for the Middle District of Tennessee and Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division. Jerry Dinkins, 26, also from Clarksville, previously pleaded guilty on June 26, 2015, for his involvement in the crime. All were charged in a second superseding indictment on April 25, 2014.
According to the plea agreements, on October 27, 2010, Oliver, Dinkins and Wright participated in a home-invasion robbery at a crack house on Elder Street in Clarksville. The defendants targeted Raymond Caston, aka Black, because he was known to cook and sell substantial amounts of crack cocaine at the house and to have large amounts of money.
When they arrived at the house, one of the three defendants kicked open the door and all three entered and went directly to Caston and demanded his money and drugs. One of the robbers proceeded to hit Caston with a gun. Caston was then forced outside where the defendants continued to threaten him. People inside the house soon heard multiple gunshots, but were not outside and did not see which of the three robbers actually fired shots. The defendants then fled, and Caston, who had been shot three times, was pronounced dead at the scene.
DNA and other physical and forensic evidence collected at the scene and eyewitness accounts also connected the defendants to the murder of Caston.
Dinkins will be sentenced by Chief U.S. District Judge Kevin Sharp on October 23, 2015 and Wright and Oliver will be sentenced on November 10, 2015.
According to the terms of the plea agreement, Dinkins and Oliver have agreed to a prison term of 25 years and Wright has agreed to be sentenced to between 22 ½ -25 years in prison.
The case was investigated by Clarksville, Tennessee Police Department and the DEA. The case is being prosecuted by Assistant U.S. Attorney Lynne T. Ingram of the Middle District of Tennessee and Laura Gwinn of the Criminal Division’s Organized Crime and Gang Section.
St. Croix Man Sentenced to 37 Months in PrisonRead the Press Release
St. Croix, USVI – Chief District Court Judge Wilma A. Lewis, on July 16, 2015, sentenced Paul Girard, 27, to 37 months in prison for Possession of Prison Contraband, United States Attorney Ronald W. Sharpe announced. Judge Lewis ordered Girard to serve the sentence consecutively to a separate sentence imposed by the Superior Court on March 3, 2015.
Girard pleaded guilty to four counts of possession of prison contraband on January 9, 2015. The charges stemmed from cell searches conducted by members of Golden Grove Adult Correctional Facility’s Gang Intelligence Search Team on November 16, 2012; January 16, 2013; and June 18, 2013, as well as a search conducted by federal law enforcement officers on April 7, 2014, while Girard was an inmate. The officers discovered and seized cell phones, a knife, and a homemade weapon or “shank” during the searches.
“Contraband in prison threatens the safety and security of inmates, employees, and the community as a whole,” U.S. Attorney Sharpe said. “Cell phones, in particular can be used to facilitate criminal activity inside and outside of Golden Grove including narcotics distribution and murder.”
Girard was sentenced on two counts each to 12 months in prison for possessing cell phones, 37 months for possessing a knife, and 37 months for possessing a shank, all to be served concurrently. The Court also sentenced Girard to one year of supervised release on each of the cellular telephone counts and to three years of supervised release on each of the weapon counts to run concurrently. Finally, the Court ordered Girard to pay a special assessment of $250.00.
The case was investigated by the United States Drug Enforcement Administration (DEA) and the Virgin Islands Bureau of Corrections. It was prosecuted by Assistant United States Attorneys Rhonda Williams-Henry and Alphonso Andrews.
South Carolina Man Indicted for Illegally Storing Hazardous Waste at Camden, New Jersey, Chemical Company and Making False Statements to the EPARead the Press Release
NEWARK, N.J. – A federal grand jury returned a three-count indictment today against the former president and CEO of Concord Chemical Co. Inc. (Concord) for illegally storing hazardous waste and making false statements to the U.S. Environmental Protection Agency (EPA), U.S Attorney Paul J. Fishman announced.
Miguel Castillo, 61, of Hilton Head, South Carolina, was charged with one count of storing hazardous waste at Concord’s Camden, New Jersey, facility in violation of the Resource Conservation and Recovery Act (RCRA) and two counts of making false statements to the EPA.
According to the indictment:
RCRA was enacted in 1976 to address a growing nationwide problem with industrial and municipal waste. RCRA was designed to protect human health and the environment by prohibiting the treatment, storage or disposal of any hazardous waste without a permit. The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) authorizes the EPA to remove hazardous waste from industrial sites and hold responsible parties liable for the costs.
Concord manufactured, repackaged and distributed a wide variety of chemical products, including cresylic acid, soaps, waxes, pipe lubricants and emulsions. Some of Concord’s products and the raw materials used to make them were hazardous. Castillo was Concord’s president or CEO from 2003 through August 2011. He also served as the president and director of another company, KW Inc., which repackaged and distributed commercial laundry products while leasing space from Concord’s Camden facility from May 2008 through the fall of 2009. Neither Concord nor KW had a permit to store hazardous waste at the Camden facility.
While Castillo was in charge of Concord, drums containing hazardous waste were stored in the Camden facility basement. In 2004 and 2005, Concord employees attempted to remove those drums but allegedly never finished due to claims by Castillo that Concord could not afford to remove additional drums.
By March 2010, Concord and KW had ceased operations at Concord’s Camden facility. In August 2010, the EPA conducted a site visit and discovered that the facility was devoid of employees, left in a deteriorated condition and filled with drums containing corrosive and ignitable hazardous waste. From October 2010 through March 2011, the EPA removed the hazardous substances from the facility.
On Sept. 1, 2011, the EPA requested information from Castillo in order to identify the parties responsible for EPA’s removal costs. When Castillo responded to the EPA’s requests, he failed to identify himself as Concord’s president and CEO or KW’s president and director.
The illegal storage of hazardous waste charge and each of the false statements charges carry a maximum penalty of five years in prison and a $250,000 fine, or twice the gain or loss caused by the offense.
U.S. Attorney Fishman credited special agents of the EPA, under the direction Special Agent in Charge Vernesa Jones-Allen, with the investigation leading to today’s charges.
The government is represented by Assistant U.S. Attorney Kathleen P. O'Leary of the U.S. Attorney's Office Health Care and Government Fraud Unit in Newark.
The charges and allegations against Castillo are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Somersworth Man Pleads Guilty to Bank RobberyRead the Press Release
CONCORD, NEW HAMPSHIRE: Todd Elliott, 22, of Somersworth, New Hampshire, appeared in United States District Court today and entered a guilty plea to one count of bank robbery announced Acting United States Attorney Donald Feith.
Elliott walked into a Citizens Bank in Somersworth, New Hampshire, on November 10, 2014 and gave the teller a note demanding money. The teller gave Elliott a quantity of United States currency as well as a dye pack resembling a stack of bills. As Elliott ran from the bank, the dye pack exploded which led to his apprehension shortly thereafter. Elliott – who faces a maximum sentence of twenty years in prison and criminal fines of up to $250,000 – will be detained pending sentencing, which is presently scheduled for November 13, 2015.
“The successful resolution of this bank robbery is due to the great investigative work of the Somersworth Police and the assistance of the Federal Bureau of Investigation,” stated Acting United States Attorney Donald Feith. “Bank robbery, even an unarmed bank robbery, is an inherently dangerous crime that causes great turmoil to its victims. We will continue to work with our state and local partners to vigorously prosecute these dangerous crimes.”
This case was investigated by the Somersworth Police Department and the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Georgiana Konesky.
Six Men Indicted on Charges of Identity Theft, Fraud, and Money LaunderingRead the Press Release
ALEXANDRIA, Va. – In an eighteen-count indictment unsealed today, six men were charged by a federal grand jury with aggravated identity theft, fraud, money laundering, and conspiracy.
The men charged in the indictment are: Ray Ekobena, 27, of Alexandria; Stefan Ekobena, 24, and Gani Cole, 27, both of Atlanta, Georgia; Rodney Hardy, 25, of Hyattsville, Maryland; Deallto Davis, 20, and Jerome Johnson, 32, both of Washington, D.C.
According to the indictment, since at least 2009, Ray Ekobena led a conspiracy involving his five co-defendants and others, the goal of which was to defraud financial institutions through the deposit of fraudulent and stolen checks. The conspirators would recruit other individuals via social media websites (such as Instagram) to provide debit cards and personal information in exchange for a cash payment. The conspirators would then deposit fraudulent checks into the accounts of the debit cardholders and withdraw the money before the banks discovered the fraud. The conspirators also stole real checks, including two checks totaling $223,570.00 that were intended for the Children’s National Medical Center in Washington, D.C.
The indictment further alleges that Ray Ekobena stole social security numbers and other personal identifying information and used them to further his fraudulent schemes. For example, Ekobena used some of the stolen social security numbers to obtain identification from the District of Columbia bearing a photo of Ekobena, but a victim’s name and date of birth. Ekobena also used stolen personal information to obtain financing to buy or lease several vehicles, including a Mercedes.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; David M. McGinnis, Acting Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service (USPIS); Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office; and Colonel Edwin C. Roessler Jr., Chief of the Fairfax County Police Department, made the announcement after the indictment was unsealed.
This case is being investigated by the USPIS, the FBI’s Washington Field Office, and the Fairfax County Police Department. Assistant U.S. Attorney Kellen S. Dwyer and Special Assistant U.S. Attorney Joseph V. Longobardo are prosecuting the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:15-cr-180.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
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