Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
4 August 2015
Mission Man Sentenced for Third Degree Burglary, Aiding and AbettingRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Third Degree Burglary and Aiding and Abetting was sentenced on July 27, 2015, by U.S. District Judge Roberto A. Lange.
Preston White Feather, age 19, was sentenced to 11 months in custody with credit for time served, 4 months in a Residential Re-Entry Center, 2 years of supervised release, a $100 special assessment to the Federal Crime Victims Fund, and $8,638.31 restitution joint and several.
White Feather was indicted by a federal grand jury on November 13, 2014. He pled guilty on March 26, 2015.
On or about August 20, 2014, White Feather, co-defendant Nicola Black Lance, and two juveniles, broke into the Todd County government building in Mission and stole property, including firearms held in the Todd County Sheriff’s office, as well as some marijuana and cocaine. The group caused property damage to the building. Some of the co-defendants came up with the idea, some took part in the burglary, and all aided and abetted the burglary.
This case was investigated by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher prosecuted the case.
White Feather was immediately turned over to the custody of the U.S. Marshals Service.
# # #
Methamphetamine Gets Local Woman 10 Years in Federal PrisonRead the Press Release
VICTORIA, Texas - A local woman has been ordered to federal prison for 10 years following her conviction of possession with intent to distribute methamphetamine, announced U.S. Attorney Kenneth Magidson. Lynn Denise Bilecki, 46, of Victoria, pleaded guilty in December 2014.
Today, Senior U.S. District Judge John D. Rainey sentenced Bilecki to 120 months imprisonment to be followed by five years of supervised release.
On July 15, 2014, officers from the Special Crimes Unit of the Victoria Police Department (VPD) executed a state narcotics search warrant at Bilecki’s apartment. At that time, authorities seized methamphetamine, a digital scale, U.S. currency and a pistol grip shotgun. Laboratory analysis determined that the amount of pure methamphetamine seized was 129 grams.
In federal custody since her arrest on July 30, 2014, she will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be designated in the near future.
The investigation was conducted by Homeland Security Investigations and VPD.
Assistant U.S. Attorney Lance Watt is prosecuting the case.
Media Advisory: Child Exploitation, Human Trafficking, Drug Abuse and Working with Crime VictimsRead the Press Release
Dubuque, Iowa – The “Excellence in Victim Services” conference co-sponsored by seven U.S. Attorneys’ Office and the Iowa Organization for Victim Services starts on Wednesday. U.S. Attorney Kevin W. Techau will join the conference and make some opening remarks.
The conference’s keynote speaker is an Assistant U.S. Attorney from Michigan, himself a victim of childhood sexual abuse at the hands of a youth soccer coach. During the plenary session on the last day of the conference, another survivor of childhood abuse will relay his story of resilience and redemption as he overcame severe hardships to become a successful businessman and motivational speaker.
The media is invited to attend the opening and plenary sessions.
Event Details
When: Wednesday - Friday, August 5th – 7th, 2015.
Where: Grand River Center, 500 Bell St, Dubuque, Iowa.
Time: Opening Session & Keynote: August 5th, 10:00 a.m. - Noon;
Plenary Session & Speaker: August 7th, 10:15 – 11:45 a.m.
Follow us on Twitter @USAO_NDIA
Man from Mexico Sentenced for Illegal Reentry After DeportationRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Mexican Citizen convicted of Illegal Reentry After Deportation was sentenced on July 28, 2015, by U.S. District Judge Roberto A. Lange.
Pedro Reyes-Moreno, age 28, was sentenced to time served of 203 days, and a special assessment of $100 to the Federal Crime Victims Fund.
Reyes-Moreno was indicted by a federal grand jury on December 2, 2014. He pled guilty on June 3, 2015.
The conviction stems from an incident on or about December 1, 2014, when Reyes-Moreno, after having been previously deported from the United States in November of 2006 and June of 2012, was found back in the country. Reyes-Moreno illegally re-entered the United States at unknown dates. Reyes-Moreno did not obtain the consent of the Secretary of the United States Department of Homeland Security, and the Attorney General of the United States.
This case was investigated by the Immigration and Customs Enforcement. Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.
Reyes-Moreno was immediately turned over to the custody of the U.S. Marshals Service due to a detainer from the Immigration and Customs Enforcement.
Man Charged with Firearm and Cocaine OffensesRead the Press Release
St. Croix, USVI – Dwayne Friday, 36, made his initial appearance in District Court Tuesday before U.S. Magistrate Judge George W. Cannon after being charged in a three-count information with Distribution of Cocaine, Possession of Cocaine with Intent to Distribute, and Carrying a Firearm During a Drug Trafficking Crime, United States Attorney Ronald W. Sharpe announced. Friday was detained pending trial.
If convicted, Friday faces a maximum sentence of 20 years in prison on the cocaine charges and life in prison on the firearm charge.
United States Attorney Sharpe reminds the public that an Information is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless proven guilty.
This case is the result of a joint investigation by the Virgin Islands Police Department and the U.S. Drug Enforcement Administration. It is being prosecuted by Assistant United States Attorney Alphonso Andrews.
Local Immigration Lawyer Pleads Guilty to Aggravated Identity TheftRead the Press Release
DALLAS — Sherin Thawer, a Dallas attorney, appeared in federal court this morning before U.S. Magistrate Judge Irma C. Ramirez and pleaded guilty to a federal felony offense stemming from her work in representing aliens, that is, non-U.S. citizens, before the U.S. Department of Homeland Security (DHS), U.S. Citizen and Immigration Service (USCIS), announced U.S. Attorney John Parker of the Northern District of Texas.
Thawer, 45, pleaded guilty to one count of aggravated identity theft, and she faces a mandatory penalty of two years in federal prison and a $250,000 fine. She was initially on pre-trial release following her arrest on an indictment in February 2015; however, she has been in custody since June 15, 2015, when the Court revoked her pre-trial release after finding she violated its conditions by continuing to practice immigration law. A sentencing date has not been set.
According to documents filed in the case, Thawer represented aliens before USCIS when they were applying for various types of visas to enter or remain in the U.S., including through a U Nonimmigrant Status or U-Visa. To be eligible for a U-Visa, the alien must have been a victim of a certain crime, suffered mental or physical abuse because of the crime, and helped law enforcement in the investigation and/or prosecution of the crime. In addition to the U-Visa application, applicants must submit a Law Enforcement Certification form completed and signed by the certifying official for the law enforcement agency that investigated and/or prosecuted the crime for which the alien was a victim.
On approximately March 21, 2012, Thawer, without authority, knowingly used the name and badge number of a specific police officer to complete the Law Enforcement Certification form that was submitted with a U-Visa application. She knew the officer had not completed the form and that his signature on the form was forged.
U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), the Irving Police Department, and USCIS investigated. Special Assistant U.S. Attorney Dan Gividen and Assistant U.S. Attorney Aaron Wiley are prosecuting.
# # #
Lebanon Woman Pleads Guilty to $415,000 Investment Fraud SchemeRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Lebanon, Mo., woman pleaded guilty in federal court today to a Ponzi scheme in which she stole more than $415,000 from victim investors.
Terina K. Carney, also known as Terina Humphrey, 49, of Lebanon, waived her right to a grand jury and pleaded guilty before U.S. Magistrate Judge David P. Rush to a federal information that charges her with wire fraud, money laundering and failure to file a tax return.
By pleading guilty today, Carney admitted that she defrauded numerous investors, who lost a total of $415,722 as a result of Carney’s wire fraud scheme from December 2012 to January 2015.
Carney was the owner of Riverside Lease, LLC. Carney told investors their money would be used as an advance payment on behalf of a third-party business, in order to allow the business to continue operating while it secured long-term funding from a bank. Carney promised to obtain a high rate of return for investors, from 10 percent to 30 percent on top of their original investment. Investors were told that, once the business received its long-term funding from the bank, they would receive their original investment plus interest from those funds. Investors were also told that Riverside Lease held their money and there was little to no risk of the investor losing their principal investment because the third-party business never had direct access to their money.
After reviewing bank account information, agents determined that once the investor’s money was received, the money was never used to provide short-term financing for any other business. Based on financial records, Carney actually used the money to pay other investors or to pay for personal expenses. Agents also determined that the monthly statements sent to investors, which claimed the amount of money held within their individual investment account, were also false as the bank accounts were repeatedly emptied of any monies to pay other investors or unrelated bills.
Carney never registered with the State of Missouri as an investment adviser, investment adviser representative, broker-dealer, broker-dealer agent, or issuer agent.
Carney also admitted that she deposited $520,119 from victim investors during 2012, 2013 and 2014, but she did not file federal income tax returns for any of these years.
Under federal statutes, Carney is subject to a sentence of up to 31 years in federal prison without parole, plus a fine up to $525,000. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Patrick Carney. It was investigated by the FBI, IRS-Criminal Investigation and the Missouri Secretary of State’s Office.
KC Man Sentenced for Robbing Raytown BankRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., man was sentenced in federal court today for robbing a Raytown, Mo., bank.
Robert T. Morris, 32, of Kansas City, was sentenced by U.S. District Judge Beth Phillips to 19 months in federal prison without parole. The court also ordered Morris to pay $2,025 in restitution.
On March 26, 2015, Morris pleaded guilty to stealing $2,025 from First Federal Bank, 9330 E. Gregory, Raytown. Co-defendant Anthony Beeks, 53, of Kansas City, also pleaded guilty and is scheduled to be sentenced on Aug. 13, 2015.
On April 24, 2014, Morris entered the bank, approached the teller counter and provided the teller with a demand note, which was similar in verbiage to the following, “YOU KNOW WHAT THIS IS, HURRY UP, PUT THE MONEY IN THE BAG, NO FUNNY BUSINESS, HURRY UP.” The teller did not have access to any money, but walked over to another teller and showed her the demand note. The second teller then provided Morris with $2,025. Morris put the stolen money in a manila envelope and fled from the bank. The demand note was left behind.
A witness told law enforcement officers that Morris had admitted his role in the robbery to him. The witness also recognized Morris from bank surveillance photos that were posted on a media Web site. Over the course of several days, law enforcement officers conducted surveillance on Morris and Beeks. During this time frame, officers observed what they believed to be multiple “casings” of various banks in the Kansas City metropolitan area. On May 22, 2014, a federal search warrant was executed on the vehicle Morris and Beeks had been driving. Morris was arrested the same day.
This case is being prosecuted by Special Assistant U.S. Attorney Adam Caine. It was investigated by the FBI and the Kansas City, Mo., Police Department.
Judge Sentences North Huntingdon Man Convicted of Bankruptcy Fraud to Two Years in Federal PrisonRead the Press Release
PITTSBURGH - A resident of North Huntingdon, Pa., has been sentenced in Pittsburgh, on August 3, 2015, on charges of bankruptcy fraud, concealment of assets, and making false statements under oath, United States Attorney David J. Hickton announced today.
Michael J. Free, 62, had been charged in a six-count indictment that was tried to a jury before United States District Court Judge Mark R. Hornak. The jury returned guilty verdicts on all six counts in December of 2014. Judge Hornak sentenced Free to two years in prison and three years of Supervised Release.
Prior to imposing sentence Mr. Free took the witness stand and was questioned by his own attorney and government counsel as well as by Judge Hornak. Judge Hornak commented that he found none of Free’s testimony to be credible. He commented that Free’s answers were evasive and nonsensical and he indicated that Free had tried to give the court “the run around.”
According to the evidence presented during the trial, Free submitted fraudulent documents during a bankruptcy that he filed in July of 2010. Among the matters for which he was convicted were filing a false Schedule A that failed to identify to the Bankruptcy Court a residence he owned in Fayette County as well as a false Schedule B that failed to list the majority of the guns that Free had in a large collection of World War II era machine guns and rifles. The jury heard that at one point the Trustee supervising Free’s bankruptcy learned that Free was selling some of his guns through internet advertising. After the Trustee reported this activity to the Court the Bankruptcy Court judge ordered Free to file an accounting with the Court listing all the guns sold and how much he had received for each sale. Free filed yet another false document claiming that nothing had been sold and that there was nothing to account for. The jury also found Free guilty for lying under oath at a meeting of creditors held during the Bankruptcy process.
The Federal Bureau of Investigation conducted the investigation, based on a referral by the Office of the United States Bankruptcy Trustee.
Inmate Sentenced to Prison for Sending Letter to the White House Threatening the President and FamilyRead the Press Release
PITTSBURGH -A Uniontown resident currently incarcerated for state convictions has been sentenced in federal court to 30 months imprisonment, 15 months of which will be served consecutive and 15 months will be served concurrent to his state sentence for child molestation, among other crimes, United States Attorney David J. Hickton announced today.
Senior United States District Judge Maurice B. Cohill, Jr., imposed the sentence on Joseph H. Savage, 34.
According to information presented to the court, on or about Oct. 24, 2012, while incarcerated and awaiting disposition on state charges, Savage wrote a graphic letter to the White House threatening to kill the President and the President’s family. Although Savage addressed the letter to 1400 Pennsylvania Ave. in Washington, D.C., the White House (located at 1600 Pennsylvania Ave.) still received it and turned it over to the Secret Service.
Assistant United States Attorney Shardul S. Desai prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the United States Secret Service for the investigation leading to the successful prosecution of Savage.
Indicted Business Executive Arrested on False Invoicing SchemeRead the Press Release
HOUSTON – The owner of Tinkle Management Inc. (TMI) has been charged in a 13-count federal indictment alleging a scheme in which he billed for $15 million in supplies that were never delivered, announced Kenneth Magidson.
John Blake Tinkle, 59, of Tomball, is expected to make his initial appearance before U.S. Magistrate Judge Mary Milloy at 2:00 p.m. today. A federal grand jury returned the 13-count indictment under seal on July 21, 2015, which was unsealed today upon Tinkle’s arrest.
Tinkle is charged with nine counts of wire fraud and four counts of money laundering.
The Indictment alleges that from 2008 through 2015, Tinkle falsely invoiced Houston-based Westlake Chemical Corporation for approximately $15 million in shipping supplies that TMI never delivered. TMI was Westlake’s supplier of plastic shipping bags that Westlake used to ship its chemical products internationally. According to the indictment, TMI delivered the shipping bags to Packwell Inc., a packaging and logistics company in La Porte, who used the bags to package Westlake’s chemical products and ship them through the Houston ship channel. In addition to invoicing Westlake for bags that had actually been delivered, Tinkle allegedly submitted false invoices to Westlake for deliveries of bags to Packwell that, in reality, had not occurred.
The charges indicate Tinkle supported his false invoices to Westlake by attaching Packwell receiving reports that Tinkle altered to purportedly show Packwell had received them, when they actually had not. Relying on the false TMI invoices and fake Packwell receiving reports, Westlake paid TMI millions of dollars for bags that Westlake and Packwell never received.
If convicted of any of the wire fraud counts, Tinkle faces up to 20 years in federal prison, while the money laundering carries a possible 10-year-term. Both crimes could also result in a possible $250,000 maximum fine.
The investigation leading to the charges was conducted by the FBI and IRS-Criminal Investigation. The case is being prosecuted by Assistant U.S. Attorney Robert S. Johnson of the Southern District of Texas.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Illegal Alien Sentenced to Nearly Four Years in PrisonRead the Press Release
TULSA, Okla.—United States District Court Chief Judge Gregory K. Frizzell sentenced Ubaldo Esparza-Ortiz, 28, to 45 months in prison for illegal reentry into the United States, announced Danny C. Williams Sr., United States Attorney for the Northern District of Oklahoma. Chief Judge Frizzell also imposed three years of supervised release following Esparza-Ortiz’s prison sentence.
On January 15, 2015, United States Immigration and Customs Enforcement (ICE) agents discovered Esparza-Ortiz was illegally in the country after he had been arrested by Tulsa police officers for domestic assault and battery with a dangerous weapon. This was Esparza-Ortiz’s fourth illegal reentry into the United States. He has also been convicted multiple times for domestic violence in Tulsa.
This case was investigated by ICE. Assistant United States Attorney Neal C. Hong prosecuted the case.
###
Idabel Man Pleads Guilty to Failure to Register as Sex OffenderRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that JIMMY LEWIS PERKINS, age 50, of Idabel, Oklahoma, pled guilty to FAILURE TO REGISTER AS SEX OFFENDER, in violation of Title 18, United States Code, Sections 2250(a)(1), 2250(a)(2)(B) and 2250(a)(3), punishable by not more than 10 years imprisonment, up to a $250,000.00 fine or both.
The charge is a result of an investigation by the United States Marshal Service. The defendant was indicted in June, 2015.
The Indictment alleged that from a date uncertain in or about 2013, the exact date being unknown to the Grand Jury, until on or about March 12, 2015, in the Eastern District of Oklahoma, and elsewhere, the defendant, an individual required to register as a sex offender under the Sex Offender Registration and Notification Act, after having received a felony conviction from the State of Oklahoma, in McCurtain County, on or about September 8, 2004, for the offense of Lewd Molestation, traveled in interstate and foreign commerce and knowingly failed to register and update his registration as required by the Sex Offender Registration and Notification Act.
The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty plea and ordered a presentence report to be completed. The defendant will remain in the custody of the United States Marshal Service pending sentencing.
Assistant United States Attorney Edward Snow represented the United States.
Fort Thompson Man Sentenced for AbusiveRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, man convicted of Abusive Sexual Contact by Force was sentenced on July 29, 2015, by U.S. District Judge Roberto A. Lange.
Dillon Bagola, age 22, was sentenced to 10 years in custody, followed by 5 years of supervised release, $84.60 in restitution, and a special assessment of $100 to the Federal Crime Victims Fund.
Bagola was indicted by a federal grand jury on August 13, 2014. He pled guilty on March 26, 2015.
The conviction stems from an incident on or about August 3, 2014, when the victim was attending a birthday party. After the party, Bagola was to give her a ride home, but instead drove out to North Shore road in Fort Thompson, pulled over and forced the juvenile victim to engage in a sexual act with him.
This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Bagola was immediately turned over to the custody of the U.S. Marshals Service.# # #
Fort Hall Man Indicted for MurderRead the Press Release
POCATELLO – Joaquin Broncho, 18, of Fort Hall, Idaho, has been indicted in the August 29, 2014, stabbing death of Joey Runninghorse, U.S. Attorney Wendy J. Olson announced.
Broncho, also known as Joaquin Dancing Thunder Bluehorse, was indicted on a charge of second degree murder by the federal grand jury in Pocatello on July 28, 2015. Broncho was arraigned today in U.S. District Court before U.S. Magistrate Judge Mikel H. Williams where Broncho entered a not guilty plea, and the case was set for jury trial in Pocatello on September 21, 2015.
Broncho is alleged to have stabbed the victim Joey Runninghorse with a knife on the Shoshone Bannock Indian Reservation. Broncho was previously charged as a juvenile in this case, but his case was transferred to adult court by Chief U.S. District Judge B. Lynn Winmill.
Second degree murder is punishable by up to life imprisonment and a fine of up to $250,000.
The case is being investigated by the Federal Bureau of Investigation (FBI), and the Fort Hall Police Department.
An indictment is a means of charging a person with criminal activity. It is not evidence. The person is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Former letter carrier sentencedRead the Press Release
Former U.S. Postal Service letter carrier Philip A. Rizk was sentenced to two years of probation, fined $1,000 and ordered to pay $27,798 in restitution for working under-the-table at a bingo hall while receiving worker’s compensation, law enforcement officials said.
Rizk, of Middleburgh Heights, pleaded guilty earlier this year to two counts of making false statements to obtain federal compensation.
U.S. Postal Service Office of Inspector General Special Agent in Charge Monica Weyler stated: “Workers compensation benefits costs the Postal Service over $1 billion per year. The majority of that money is paid to injured workers that legitimately deserve it. However, a small number of individuals choose to not follow the rules and commit fraud against the system, as in this case. U.S. Postal Service Office of Inspector General special agents vigorously investigate allegations of workers compensation fraud, and seek prosecution and termination of benefits for individuals that do not merit compensation. To report allegations of postal employees committing workers compensation fraud, contact the USPS OIG at www.uspsoig.gov or 888-USPS-OIG.”
The case was prosecuted by Assistant U.S. Attorney Marisa Darden following an investigation by the U.S. Postal Service Office of Inspector General.
Former Pine Lawn Lieutenant Indicted on Federal ChargesRead the Press Release
St. Louis, MO – An indictment was unsealed earlier today charging former Pine Lawn Lieutenant STEVEN BLAKENEY with criminal civil rights charges arising from his arrest in 2013 of a candidate for the office of Mayor of the City of Pine Lawn.
According to the indictment, on March 31, 2013, Blakeney, while a police officer with the City of Pine Lawn Police Department, conspired with others to cause the arrest of a mayoral candidate based on false allegations and without probable cause. Blakeney ordered another person to falsely report that the mayoral candidate had stolen a campaign poster from a local business and then arranged for the candidate to be arrested.
United States Attorney Richard Callahan observed that the citizens of Pine Lawn deserved better of their public officials than they had been receiving and encouraged them to become more involved in their local government.
Blakeney was indicted last week by a federal grand jury on one felony count of conspiracy against rights, one count of deprivation of rights under color of law and one count of falsification of records. The indictment remained under seal until Blakeney was taken into custody today by the FBI. Blakeney will have an initial appearance today before a United States Magistrate Judge.
If convicted, these charges carry a maximum penalty of 20 years in prison and/or fines up to $250,000. In determining the actual sentence, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
The case was investigated by the Federal Bureau of Investigation. Assistant United States Attorney Reginald Harris is handling the case for the U.S. Attorney’s Office.
As is always the case, charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
Former Deputy Sheriff in Madison County, Alabama, Charged with Civil Rights Violations and Obstruction of JusticeRead the Press Release
The Justice Department announced that Justin Watson, 29, a former deputy with the Madison County Sheriff’s Office, turned himself in today following an indictment on July 30, 2015, when he was charged with deprivation of rights under color of law for allegedly assaulting and injuring R.B. on Aug. 22, 2012. The indictment charges Watson with a second civil rights violation for allegedly conducting an unlawful traffic stop of R.B.
Watson also has been charged with three counts of obstruction of justice. The indictment alleges that Watson obstructed justice by providing false and misleading testimony in a criminal proceeding in state court and by corruptly persuading two witnesses.
Watson faces a maximum sentence of eleven years in prison for the two civil rights charges and sixty years in prison for the three obstruction counts.
The investigation by the Huntsville Resident Agency of the FBI is ongoing. The case is being prosecuted by Special Litigation Counsel Forrest Christian of the Justice Department and Assistant U.S. Attorney Mary Stuart Burrell of the U.S. Attorney’s Office for the Northern District of Alabama.
An indictment is merely an allegation and the defendant is presumed innocent until proven guilty.
Former Alabama Jail Employee Sentenced for Stealing Identities as Part of Tax Refund Fraud SchemeRead the Press Release
Montgomery, Ala. – A Troy, Alabama, man was sentenced to prison yesterday in U.S. District Court for the Middle District of Alabama for his involvement in a stolen identity tax refund fraud scheme, announced U.S. Attorney George L. Beck Jr. of the Middle District of Alabama, and Acting Assistant Attorney General Caroline D. Ciraolo of the Department of Justice’s Tax Division.
Devon Tucker, 31, a former jailer of the Troy Police Department at the city jail, pleaded guilty earlier this year to one count of conspiracy to defraud the United States and one count of aggravated identity theft. U.S. District Judge Callie V.S. Granade sentenced Tucker to serve 32 months in prison and three years of supervised release, and ordered him to pay $13,162 in restitution to the Internal Revenue Service (IRS).
According to court documents, from January 2014 to January 2015, Tucker stole the personal identification information of approximately 150 individuals who were processed into the Troy city jail. Tucker provided those identities to his co-conspirators for the purpose of filing false federal income tax returns claiming fraudulent refunds from the U.S. Treasury. Tucker was paid in pre-paid debit cards in the names of the identity theft victims for his involvement in the scheme.
“The Tax Division will vigorously pursue and prosecute government employees who abuse their positions by exploiting their access to personal information to victimize members of the community and steal from the U.S. Treasury,” said Acting Assistant Attorney General Ciraolo.
“It is always a sad day when a law enforcement officer sworn to uphold the law, takes advantage of his position for his own personal gain,” stated U.S. Attorney Beck. “This District will continue to vigorously prosecute those who steal identities and file fraudulent tax returns, regardless of where they are employed or what position they hold.”
U.S. Attorney Beck and Acting Assistant Attorney General Ciraolo commended special agents of IRS-Criminal Investigation, who investigated the case, and Trial Attorneys Gregory P. Bailey and Michael P. Hatzimichalis of the Tax Division and Assistant U. S. Attorney Jonathan Ross of the Middle District of Alabama, who prosecuted this case.
First of Three Co-Defendants Pleads Guilty to Wire Fraud and Possession of Counterfeit Credit CardsRead the Press Release
BOISE – Javier Miranda-Molina, 22 of Sonora, Mexico, pleaded guilty today in federal court to one count of wire fraud and one count of possession of fifteen or more counterfeit credit cards, U.S. Attorney Wendy J. Olson announced.
According to the plea agreement, Miranda-Molina and his co-defendants, Irving Gonzalez-Bocanegra and Rafael Perez, were present and traveling together in Boise on March 31, 2015, for the purpose of using counterfeit credit cards to make fraudulent purchases of merchandise and gift cards. The defendants engaged in a number of transactions, at a variety of stores, using credit cards the defendants knew to be counterfeit. The defendants fraudulently obtained merchandise valued at approximately $5,117.63.
Prior to arriving in Boise, on March 29 and 30, 2015, the defendants engaged in similar fraudulent transactions in Montana and obtained merchandise valued at approximately $8,184.01.
When arrested in Boise, the defendants were working together to package and ship a variety of merchandise purchased with counterfeit credit cards, such as GoPro Hero 4 Cameras, Samsung Galaxy Nooks, and video game systems. They had in their joint possession a number of counterfeit credit cards. These included: approximately eighty-four counterfeit credit cards taped into the pages of a magazine; three counterfeit credit cards recovered from the trash, and three counterfeit credit cards found in the driver’s side door pocket of their rental car. Each of these counterfeit cards contained one of the defendant’s names embossed on the front of the card and a real but unauthorized account number encoded to the magnetic strip on the back of the card. Miranda-Molina agreed to the forfeiture of, and to abandon any interest in, all credit cards, gift cards, merchandise, and other items seized at his arrest.
The defendants were charged with wire fraud because all of the described transactions resulted in wire communications that were foreseeable to the defendants, in particular, interstate transmissions by wire of information from the point of sale terminals in the stores to the credit card payment processers and to the account-issuing banks located in different states.
“This case demonstrates how federal and local law enforcement cooperate with Idaho businesses to protect business integrity and consumer confidence from the costs and victimization imposed by fraud.” said Olson.
Wire fraud is punishable by a term of imprisonment of up to twenty years, a term of supervised release of not more than three years, a maximum fine of $250,000.00, and a special assessment of $100. Possession of 15 or more counterfeit and unauthorized access devices is punishable by a term of imprisonment of up to ten years, a term of supervised release of not more than three years, a maximum fine of $250,000.00, and a special assessment of $100.
Miranda-Molina’s sentencing is set before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Boise on October 14, 2015, at 3:30.
The co-defendants Irving Gonzalez-Bocanegra, 25, of Hermosillo, Mexico, and Rafael Perez, 31, of Guaymas, Mexico, are set for plea hearings respectively on August 6 and 11, 2015.
The case was investigated by the United States Secret Service and the Boise Police Department.
Federal Grand Jury Criminal Indictments AnnouncedRead the Press Release
TULSA, Okla.—The results of the August 2015 Federal Grand Jury were announced today by Danny C. Williams Sr., United States Attorney for the Northern District of Oklahoma.
The following individuals have been charged with violations of United States law in indictments returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged federal crimes which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.
Vysean Leandre Embry and Jermaine Mayes. Drug Conspiracy, Distribution of Cocaine Base, and Possession of a Firearm in Furtherance of a Drug Trafficking Crime. Embry, 31, and Mayes, 31, both of Tulsa, are charged with conspiring to distribute crack cocaine, distributing crack cocaine, and possessing a firearm in furtherance of a drug trafficking crime. If convicted, the defendants face the statutory maximum penalty of 20 years in prison and a $1,000,000 fine for the drug conspiracy and distribution of cocaine base charges; and a statutory minimum penalty of five years and up to life in prison, to run consecutively with any other sentence, and a $250,000 fine for the firearm charge. The FBI and the Tulsa Police Department are the investigating agencies.
Mary Sue Russell. Embezzlement of Government Money and Property and False Statements. Russell, 53, of Miami, Oklahoma, is charged with embezzling over $1,000 from the U.S. Department of Interior, Bureau of Indian Affairs, from May 2012 to October 2014. In addition, Russell is charged with three-counts of providing false statements to a BIA Special Agent. If convicted, the statutory maximum penalty is 10 years in prison and a $250,000 fine for embezzling over $1,000; and a maximum penalty of five years in prison and a $250,000 fine for making false statements. The Bureau of Indian Affairs is the investigating agency.
Remijio Villarreal. Felon in Possession of Firearms. Villarreal, 38, of Tulsa, is charged with possessing a 7.62X39 caliber rifle, a .22 caliber rifle, and a 20 gauge shotgun after prior felony convictions. If convicted, the statutory maximum penalty is 10 years in prison and a $250,000 fine. In addition, the firearms will be forfeited. The Tulsa Police Department and the FBI are the investigating agencies.
###
Federal Government Contractor Indicted for Involvement in Illegal Kickback Scheme and Tax EvasionRead the Press Release
An Enterprise, Alabama, resident was arrested today after a federal grand jury sitting in the Southern District of Florida in Fort Lauderdale indicted him on one count of accepting unlawful kickbacks from 2009 through 2014, and five counts of tax evasion for tax years 2009 through 2013, announced Acting Assistant Attorney General Caroline D. Ciraolo of the Department of Justice’s Tax Division.
According to the allegations in the indictment, Victor Villalobos worked for a federal contractor in Fort Rucker, Alabama, identified in the indictment as Company A, that furnished supplies, materials equipment and services to the government. In 2009, Villalobos approached an individual identified in the indictment as Person X, who owned and operated Company B, a subcontractor of Company A based in Fort Lauderdale. Villalobos solicited illegal kickbacks as payment on the federal subcontracts that Person X held in connection with Company A’s prime contract. Villalobos agreed that in exchange for kickback payments he would refrain from conduct that would unfavorably affect Person X’s business relationship with Company A and would also help ensure that Person X obtained additional subcontracting business. On Jan. 26, 2015, Villalobos met with Person X and accepted an envelope containing $5,000 in cash. They met again approximately two weeks later and Villalobos accepted a bag containing $55,000 in cash as kickback payments. From June 2009 to December 2014, Villalobos received approximately 57 separate wire funds transfers totaling more than $1.9 million in kickback payments from various foreign and domestic bank accounts controlled by Person X.
Villalobos concealed these kickbacks by incorporating nominee entities, opening nominee bank accounts and failing to report the illegal kickback payments as income on his individual federal income tax returns for 2009 through 2013.
If convicted, Villalobos faces a statutory maximum sentence of 10 years in prison for the illegal kickback scheme and a statutory maximum sentence of five years in prison for each count of tax evasion. He also faces potential fines of up to $250,000 on each count.
Acting Assistant Attorney General Ciraolo commended special agents of IRS-Criminal Investigation, the U.S. Air Force’s Office of Special Investigations and the U.S. Department of Defense’s Office of the Inspector General, who investigated this case, and Trial Attorneys Charles M. Edgar Jr. and Jason H. Poole of the Tax Division, who are prosecuting this case. Ciraolo also thanked the U.S. Attorney’s Office of the Southern District of Florida for their substantial assistance.
An indictment merely alleges that crimes have been committed. The defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Ellis County Woman Admits Defrauding MedicaidRead the Press Release
DALLAS – Alexis C. Norman, 47, of Midlothian, Texas, appeared in federal court this morning before U.S. Magistrate Judge David L. Horan and pleaded guilty to one count of health care fraud, announced John Parker, U.S. Attorney for the Northern District of Texas.
Norman, who remains on bond, faces a maximum statutory penalty of 10 years in federal prison, mandatory restitution, and a $250,000 fine. Sentencing is set for November 19, 2015, before U.S. District Judge Jane J. Boyle.
According to documents filed in the case, Norman was the CEO and Executive Director of Greater Southwest Group, Inc. (GSWG) and Ellis County Community Services (ECCS). She obtained Medicaid group numbers for GSWG and ECCS and used those numbers, together with individual Medicaid provider numbers of licensed counselors and Medicaid recipient information, to submit fraudulent claims to Medicaid.
Norman, who is neither a psychotherapist nor a mental health provider, submitted claims for individual and family psychotherapy sessions that were not performed. As part of her fraud scheme, Norman used the Medicaid provider information of licensed counselors who applied for positions as contract counselors at GSWG and ECCS, but who were never hired and never worked for Norman, GSWG, or ECCS. Norman also used the Medicaid provider numbers of licensed counselors, without their knowledge and consent, to submit claims under the GSWG and ECCS group numbers for services that they did not perform and for psychotherapy services that predated and postdated their actual employment with Norman. The indictment alleges that Norman used the identification of more than 500 Medicaid recipients, most of whom were minor children, in her scheme.
From December 2, 2009, through July 17, 2014, Norman submitted claims to Medicaid and to Medicaid Managed Care Organizations, through GSWG and ECCS, totaling approximately $5,502,724.88; Norman was paid approximately $2,596,045.97 for these claims.
The FBI, the U.S. Department of Health and Human Services – Office of Inspector General and the Texas Attorney General’s Medicaid Fraud Control Unit investigated. Assistant U.S. Attorney Douglas Brasher is prosecuting.
# # #
Dr. Dong, GenPhar Inc., and Vaxima, Inc., Convicted of Fraud in Retrial Before U.S. District Court Judge David NortonRead the Press Release
Contact Person: Eric Klumb (843) 727-4381
Columbia, South Carolina ---- United States Attorney William N. Nettles stated today that Dr. Jian Yun Dong, aka John Dong, and the companies which he founded, GenPhar Inc. and Vaxima Inc., were convicted of multiple fraud-based charges following a five day trial in Federal Court that took place June 22 through 25, 2015. The case was submitted for decision to Judge David C. Norton, who issued the verdicts and a written decision today. The case was retried before Judge Norton after a jury hearing the case last November could not reach unanimous verdicts on all counts, although it did find the two corporate defendants guilty of most of the charges. After the two trials, all three defendants have been found guilty of one count of Conspiracy to Commit Grant Fraud, Wire Fraud, Theft of Government Property and Providing False Statements; one count of Theft of Government Funds; and 22 counts of Wire Fraud.
The trial began on November 5, 2014, and concluded on November 14, 2014. Testimony at trial established that federal grant money was obtained by GenPhar and Vaxima for purposes of biodefense research and vaccine development, but was used for other purposes, specifically to construct a commercial office building and pay lobbyists and others who were seeking to secure federal funding for the defendants. Testimony further established that a total of approximately six million dollars were spent on the construction, which included approximately at least three million dollars of improperly diverted grant money.
Mr. Nettles stated, “The real tragedy in this case is that millions of dollars intended for desperately needed vaccine research was diverted into a commercial real estate project. Most of the dedicated and accomplished scientists receiving these grants can be trusted to spend the funds on research, but those that seek to divert the funds to their own benefit need to know that we will pursue charges against them like any other fraudsters.”
The convictions are the result of an investigation conducted by the Department of Health and Human Services Office of Inspector General, the Defense Criminal Investigative Service, the Federal Bureau of Investigation, the U.S. Army Criminal Investigation Command, and the Naval Criminal Investigative Service. Assistant United States Attorneys Eric Klumb and Nathan Williams of the Charleston office prosecuted the case.
#####District Court Enters Permanent Injunction against California Soy Food Producer and Three Individuals to Stop Distribution of Adulterated FoodsRead the Press Release
The U.S. District Court for the Eastern District of California entered a consent decree of permanent injunction against Henh Wong Fresh Produce, of Sacramento, California, its owner, David C. Ly, and employees, Kin S. Ly and Thahn “Danny” C. Ly, to prevent the distribution of adulterated food, the Department of Justice announced today.
Henh Wong Fresh Produce manufactured and distributed tofu, seasoned tofu, fried tofu, fried bean cakes, soy jello and soy bean drinks. It also grew, harvested, prepared, packed, held and distributed ready-to-eat mung bean and soy bean sprouts. In addition to manufacturing and distributing products under the name Henh Wong Fresh Produce, the firm also manufactured and distributed products as Henh Wong Fresh Product and Henh Wong Tofu.
The department filed a complaint in the U.S. District Court for the Eastern District of California at the request of the U.S. Food and Drug Administration (FDA), alleging that the company and individuals have a history of processing food products under insanitary conditions.
In conjunction with the filing of the complaint, the defendants agreed to settle the litigation and be bound by a consent decree of permanent injunction that prohibits them from committing violations of the federal Food, Drug and Cosmetic Act (FDCA). The consent decree states that the defendants have ceased operations at their production facility. The consent decree also requires Henh Wong Fresh Produce to remain closed, and requires that if the defendants wish to resume manufacturing and distributing food, the FDA first must determine that the firm’s manufacturing practices have come into compliance with the law.
“The department will not hesitate to bring enforcement actions against food producers who do not follow the necessary procedures to comply with our nation’s food safety laws,”
said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Department of Justice’s Civil Division.
According to the complaint, the FDA’s most recent inspection of the manufacturing facility at 2630 Fifth Street, Unit 92, in Sacramento, occurred in the summer of 2014. As alleged in the complaint, during this inspection, FDA investigators found: live cockroaches and flies in the tofu production room; a live cockroach inside a plastic container used for holding ready-to-eat tofu; dead cockroaches in the sprout processing room; a dead cockroach in the mung bean dry storage room; and rodent excreta pellets in the seed dry storage and sprout processing rooms.
Also, as alleged in the complaint, the FDA found numerous violative employee practices, including: employees using a high-pressure hose to clean equipment and debris on the floor in the tofu production room, causing water to splash from the floor onto nearby fried tofu and other in-process tofu products; an employee touching the lid of a dumpster covered with a black slimy residue and old food build-up and then handling ready-to-eat tofu without sanitizing her hands; an employee scooping sprouts off the floor and then touching various food product contact surfaces without first changing or sanitizing his gloves; an employee using a dirty floor broom to clean sprout processing equipment; and an employee touching a scale stained with a black slimy residue and then continuing to pack ready-to-eat sprouts without first changing or sanitizing his gloves.
According to the complaint, the FDA inspected Henh Wong’s facility five other times prior to the 2014 inspection — in 2003, 2005, 2008, 2010 and 2011 — and similar to the 2014 inspection, FDA investigators observed questionable or violative practices during all of these inspections.
The government is represented by Counsel Melanie Singh of the Civil Division’s Consumer Protection Branch, with the assistance of Associate Chief Counsel Laura Akowuah of the Department of Health and Human Services’ Office of General Counsel – Food and Drug Division.
Deming Man Sentenced to Federal Prison for Participating in Methamphetamine Trafficking RingRead the Press Release
ALBUQUERQUE – Ricardo Rodriguez-Magallanes, 38, of Deming, N.M., was sentenced today in federal court in Las Cruces, N.M., to 87 months in prison followed by two years of supervised release for his methamphetamine trafficking conviction.
Rodriguez-Magallanes was indicted in Oct. 2012, in a multi-defendant indictment and charged with participating in a Deming-based methamphetamine trafficking ring. The indictment charged the defendants with conspiracy to distribute methamphetamine between April 2012 and Oct. 2012. It also included seven substantive drug trafficking charges, and alleged that members of the conspiracy distributed large quantities of methamphetamine in southern New Mexico communities, including Deming, Las Cruces and Sunland Park. The eight-count indictment also sought forfeiture of property and proceeds derived from or involved in the defendants’ illegal activities.
The charges against the defendants were the result of a multi-agency investigation initiated early in 2012, involving DEA and HSI agents who were acting in undercover capacities and were able to infiltrate the conspiracy. The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program. OCDETF is a nationwide Department of Justice initiative that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
According to court filings, during the seven-month investigation, the undercover agents engaged in a series of meetings with members of the conspiracy during which they negotiated numerous transactions involving large quantities of methamphetamine. During the course of the investigation, law enforcement officers seized and purchased approximately two kilograms of methamphetamine and seized approximately $235,206.00 in cash.
On Oct. 18, 2012, law enforcement officers arrested six of the defendants, including Rodriguez-Magallanes, and executed search warrants at residences in Deming, Las Cruces, N.M., and Albuquerque, N.M. Two defendants have yet to be apprehended and are considered fugitives.
Rodriguez-Magallanes, who was charged in three counts of the indictment, pled guilty on March 12, 2013, to participation in a methamphetamine trafficking conspiracy and distribution of methamphetamine. In entering his guilty plea, he admitted that between April and Oct. 2012, he sold and facilitated the sale of methamphetamine to a person, who unbeknownst to him was an undercover law enforcement agent.
The following defendants have entered guilty pleas and have been sentenced as follows:
- Gildardo Majalca-Aguilar, 47, a Mexican national who is a legal permanent resident and resides in Albuquerque, pled guilty on March 29, 2013, and was sentenced on Aug. 23, 2013, to 168 months in prison followed by five years of supervised release
- Ivan Jesus Majalca, 29, of Deming, pled guilty on April 8, 2013, and was sentenced on Sept. 11, 2014, to 87 months in prison followed by two years of supervised release.
- Eleazar Olivas-Mendoza, 47, a Mexican national who is a legal permanent resident and resides in Las Cruces, pled guilty on March 19, 2013, and was sentenced on June 24, 2014, to 108 months in prison followed by five years of supervised release.
- Adam Galindo, 47, of Deming, pled guilty on May 2, 2013, and was sentenced on Aug. 26, 2014, to 24 months in prison followed by one year of supervised release.
- Jose Angel Morales, 25, of Deming, pled guilty on March 8, 2013, and was sentenced on Dec. 5, 2013, to 46 months in prison followed by two years of supervised release.
Carolina Gonzales-Hermosillo, 21, and Karla Iveth Nunez-Ortega, 33, are Mexican nationals who have yet to be arrested and are considered fugitives.
Charges in indictments are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
Anyone with information on the whereabouts of these fugitives is asked to contact the Las Cruces DEA at (575) 526-0700.
The case is being prosecuted by Assistant U.S. Attorneys Renee L. Camacho and Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office. It was investigated by the DEA in Las Cruces, HSI in Las Cruces and Deming, the FBI in Roswell and the HIDTA Las Cruces Metro Narcotics Agency.
The HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department, the Doña Ana County Sheriff’s Office, the FBI, HSI and the New Mexico State Police. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Delaware County Man Sentenced for Methamphetamine and Firearms ChargesRead the Press Release
A man who imported pseudoephedrine from Canada to manufacture methamphetamine was sentenced on August 3, 2015, to more than 12 years in federal prison.
Roger Hettinger, age 42, from Manchester, Iowa, received the prison term after a May 19, 2015, guilty plea to importation of pseudoephedrine, possession of illegal silencers and possession of pseudoephedrine with the intent to manufacture methamphetamine.
At the guilty plea, Hettinger admitted he, along with others, obtained pseudoephedrine from local sources and from Canada to use in manufacturing methamphetamine at his residence and elsewhere. Searches of Hettinger’s Manchester home in January 2015 by the Delaware County Sheriff’s Office revealed a methamphetamine manufacturing operation, 19 firearms and four homemade silencers.
Hettinger was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Hettinger was sentenced to 150 months’ imprisonment. A special assessment of $300 was imposed, and he must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. Hettinger is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Patrick J. Reinert and investigated by the Delaware County Sheriff’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; the Iowa City Police Department; and the Iowa Division of Narcotics Enforcement.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 15-2004.
Follow us on Twitter @USAO_NDIA.
Defendant Sentenced to 205 Months in Prison for Leading Crew That Committed More Than Two Dozen Armed RobberiesRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced that HENRY JAMES was sentenced today in Manhattan federal court to 205 months in prison for leading a robbery crew that committed over two dozen armed robberies in the Bronx and Brooklyn in 2013. Since September 2013, JAMES and ten other defendants have been charged for their respective roles in this armed robbery conspiracy. In October 2014, JAMES pled guilty to participating in the robbery conspiracy and a firearms offense. JAMES was sentenced by United States District Judge Sidney H. Stein.
In November 2014, co-defendants Markquez McFadden and Qushawn Woods were convicted after a two-week jury trial before Judge Stein. McFadden and Woods were each found guilty of participating in the robbery conspiracy, and McFadden was also found guilty of a firearms offense. On July 9, 2015, Judge Stein sentenced Woods to 46 months in prison. On July 15, 2015 Judge Stein sentenced McFadden to 120 months in prison.
The eight other defendants in this case – Jerome Ortiz, Edward Matthews, Kelvin Green, Tyrell Jones, Untra Jones, Cesar Thomas, Dennis Buie, Sr., and Dennis Buie, Jr. – pled guilty to various offenses, including participating in the robbery conspiracy and/or firearms offenses.
Manhattan U.S. Attorney Preet Bharara said: “Henry James, a convicted murderer, led a violent and ruthless armed robbery crew that terrorized hard working employees at various stores in the Bronx and Brooklyn. For his crime spree of over two dozen armed robberies, James has now been convicted and sentenced.”
According to the allegations contained in the Indictments, evidence presented at trial, and other court documents previously filed in Manhattan federal court:
Between July and October 2013, the eleven-member crew that JAMES led and organized committed more than two dozen armed robberies in the Bronx and Brooklyn. The robberies followed a simple but violent pattern. Multiple robbers entered a store during business hours while customers and employees were inside and demanded money, cellphones, and other items at gunpoint. During these robberies, one robber entered the store first, drew his gun, approached the clerk, and announced a robbery. The other robber or robbers then walked in, often closed the door behind them, and then put a mask over (or pulled a hood onto) their faces. The robbers would demand access to the “drop box” or “lock box” where they believed cash was held. Afterward, the robbers left the store and drove away in a vehicle that was parked around the corner from the store. In certain robberies, store employees were pistol whipped.
JAMES previously served a more than a 20-year sentence for a 1986 second degree murder in which a victim was killed during the course of a robbery. Less than one year after he was released from prison, JAMES began recruiting members to commit these armed robberies.
* * *
All eleven defendants have either pled guilty or been convicted after trial. In addition to JAMES, Woods, and McFadden, the following defendants have been sentenced by Judge Stein:
- On July 31, 2014 Jerome Ortiz was sentenced to 120 months in prison.
- On October 28, 2014, Edward Matthews was sentenced to 132 months in prison.
- On December 17, 2014, Untra Jones was sentenced to 90 months in prison.
- On February 23, 2015, Dennis Buie, Sr. was sentenced to 27 months in prison.
Cesar Thomas, Dennis Buie, Jr., Kelvin Green, and Tyrell Jones have yet to be sentenced.
Mr. Bharara praised the investigative work of the New York City Police Department, especially detectives from the Bronx Robbery Squad and Joint Robbery Task Force. Mr. Bharara also thanked the United States Marshals Service Fugitive Task Force for their outstanding assistance in the pursuit and arrest of JAMES.
The case is being prosecuted by the Office’s Violent & Organized Crime Unit. Assistant United States Attorneys Andrew Bauer, Andrea M. Griswold, and Joshua A. Naftalis are in charge of the prosecution.
Court Concludes Agreement That Prompted Important Reforms to the Nebraska Service System for People with Developmental DisabilitiesRead the Press Release
Today, the U.S. District Court for the District of Nebraska approved the joint motion of the U. S. and the state of Nebraska to terminate a remedial consent decree that mandated improvements to the state’s system for people with developmental disabilities. The Department of Justice recently determined that Nebraska had complied with the terms of the decree. In 2008, the court approved the decree and entered it as a court order. At the parties’ request, the court dismissed the case.
The decree required the state to remedy health, safety, and welfare issues at Nebraska’s two state-owned and operated institutions—the Beatrice State Developmental Center (BSDC) and Bridges, a highly-restrictive facility that housed people with serious behavior problems. The decree also required the state to significantly expand and enhance community capacity to ensure positive individual outcomes for people in integrated settings, as required by the Americans with Disabilities Act (ADA) and the Supreme Court’s Olmstead opinion.
Over the past seven years, the state developed effective steps to comply with the terms of the decree. The state has implemented reforms that have transformed its service-delivery system, greatly expanded and enhanced community capacity, minimized reliance on institutional services and improved outcomes for thousands of people with developmental disabilities.
“Our agreement has prompted Nebraska to place a much greater emphasis on delivering needed services to people with developmental disabilities in integrated community settings,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division. “We applaud the state for implementing important and sustainable reforms to help realize the promise of Olmstead. Across the system, people with developmental disabilities in the state’s system are now more engaged with their communities, leading more meaningful and fulfilling lives. We thank officials within the State’s Department of Developmental Disabilities for their hard work, leadership and commitment over the years in achieving positive change.”
“As a society, we are judged by how we treat our citizens,” said U.S. Attorney Deborah R. Gilg of the District of Nebraska. “This conclusion marks a lengthy overhaul of state services to individuals with developmental disabilities. We are grateful to the state of Nebraska for its commitment to this process.”
The state has made a sustained effort to expand community developmental disabilities services throughout Nebraska to ensure adequate service capacity exists to meet outstanding needs.
-
Entry of the decree effectively “closed the front door” to state-run institutional developmental disabilities services in Nebraska; the last admission to BSDC was on June 9, 2009. As of today, there are only 116 residents still living at BSDC, representing a 64 percent reduction in census size from the time of the United States’ investigation in 2007. BSDC is the only state-run developmental disabilities institution left in Nebraska.
-
The state closed the Bridges institution and placed all of the residents into community settings. Since transition to the community, individual outcomes have greatly improved.
-
State increased its expenditures on community developmental disabilities services and supports during the life of the decree. The increased funding has expanded services, improved their quality, and provided more effective oversight of service-delivery.
-
The state has shifted and increased funding to community-based services, allowing it to address the needs of nearly 1,700 additional people on its waitlist.
-
The state has greatly expanded community capacity to address the needs of people with complex health conditions, as well as those with complex behavioral issues. Prior to 2009, there were 25 specialized providers certified in Nebraska. Since then, the state has certified an additional 35 such providers who operate a total of 87 certified community programs. In addition, the state has implemented improved community behavioral services and crisis services.
-
The state has implemented significant programs to improve health outcomes for people with developmental disabilities living in the community, including a screening tool, a traveling clinical review team, specialized training for provider staff, and a tele-health network.
-
In recent years, the state initiated a program to avoid unnecessary incarceration of individuals with developmental disabilities who come in contact with the judicial system, providing them instead with community homes and services in integrated settings.
-
The state has significantly increased the number of people with developmental disabilities who are employed in integrated settings, as well as the number of hours they are working there.
In addition to community initiatives, the state has implemented a number of important reforms at BSDC to better meet individual needs and to increase access to the community.
-
The number and percentage of BSDC residents working in the community has increased from year to year. In 2007, only one person (less than one percent) worked off campus. Today, over 60 percent of eligible residents work in integrated settings.
-
Nebraska has completely eliminated mechanical restraint usage throughout its entire system.
-
Nebraska now implements an effective “zero tolerance” policy for abuse and neglect. As a result, substantiated abuse and neglect incidents at BSDC have declined steadily to only a handful of incidents per year.
-
The state has substantially improved health care and behavioral services at BSDC, resulting in substantial reductions in choking incidents, aspiration pneumonia, and use of polypharmacy.
The department initiated its investigation pursuant to the Civil Rights of Institutionalized Persons Act, putting a primary focus on obtaining reforms to address violations of the ADA, as interpreted in Olmstead v. L.C., requiring that individuals with disabilities receive services and supports in the most integrated setting appropriate to their needs. On March 7, 2008, the United States issued a findings letter to the state that detailed systemic conditions and practices that violated the constitutional and statutory rights of individuals with developmental disabilities in the state’s system. The findings letter, consent decree and papers related to the instant motion are available at: http://www.justice.gov/crt/about/spl.
-
Columbus County Man Pleads Guilty to Bank Fraud, Falsifying Crop Insurance Claims, and Money Laundering Following Jury SelectionRead the Press Release
RALEIGH - United States Attorney Thomas G. Walker announced that today in federal court, following jury selection in his criminal trial, MILTON RUSS BARNHILL, of Tabor City, North Carolina, entered guilty pleas to all pending counts against him.
Count one of the indictment charged the defendant with conspiring with others to defraud the Federal Crop Insurance Corporation (FCIC) and the Farm Service Agency (FSA), both agencies of the United States, in connection with federal crop insurance claims and other federal taxpayer subsidies. As charged, the defendant produced crops which he sold in the names of others. The Defendant and others then reported on insurance claims that the crops were lost due to natural disasters. The defendant also placed crops and insurance policies into the names of conspirators to boost the amount of money he could collect on the insurance claims.
Counts two through eight, ten, and eleven of the indictment each charged the defendant with falsifying and aiding and abetting others to falsify federal crop insurance claims. The defendant received more than $1 Million into his bank account that was derived from hidden crop production, underreported crop production, and overstated crop acreages, all on federal crop insurance documents.
Count 12 of the indictment charged the defendant with committing mail fraud that resulted in Horry County State Bank paying out approximately $450,000 in fraudulent loan proceeds. On this count, the defendant supplied a fictitious tobacco sales contract to Horry County State Bank as collateral for a farm operating loan. In fact, the contract was fictitious, included references to a bogus tobacco receiving station, and was signed by a fictitious person. The phone number the defendant provided to the bank as the number for the tobacco receiving station was, in fact, a prepaid cell phone that the defendant purchased in Clinton, North Carolina. The P.O. Box for the tobacco receiving station was, in fact, a mailing address applied for by the defendant.
Counts 15 through 19 charged the defendant with using the proceeds from the foregoing frauds to fund other transactions in excess of $10,000 in value. The evidence showed that the defendant received fraudulent bank monies into his account. The defendant then used those funds to promote the ongoing production of crops in the names of conspirators, who he also caused to file false crop insurance claims.
At sentencing, the defendant faces up to 30 years in prison on each of Counts 2 through 8, 10, and 11, pertaining to false federal crop insurance claims. The defendant faces up to 30 years in prison on Count 12, pertaining to the mail fraud upon Horry County State Bank. The Defendant faces up to 10 years in prison on each of Counts 15 through 19 pertaining to Mail Fraud. Lastly, the defendant faces up to 5 years in prison on Count 1, pertaining to the conspiracy.
The criminal investigation of this case was conducted by United States Department of Agriculture – Office of the Inspector General - Investigations; United States Department of Agriculture - Risk Management Agency – Special Investigations Branch; and the United States Internal Revenue Service – Criminal Investigations; with the assistance of the Columbus County Sheriff’s Office and the Whiteville Police Department. Assistant United States Attorney William M. Gilmore handled the prosecution at trial on behalf of the Eastern District of North Carolina.
Charlotte Man Sentenced to 21 Months for Check Fraud ConspiracyRead the Press Release
CHARLOTTE, NC B A Charlotte man charged with defrauding financial institutions of more than $133,000 was sentenced today to 21 months in prison, announced Jill Westmoreland Rose, Acting U.S. Attorney for the Western District of North Carolina. Dezon Montrice Gill, a/k/a “Bentley,” was also ordered by Chief U.S. District Judge Frank D. Whitney to serve three years under court supervision and to pay $133,940.83 as restitution.
Acting U.S. Attorney Rose is joined in making today’s announcement by Michael Rolin, Acting Special Agent in Charge of the United States Secret Service, Charlotte Field Division.
According to filed documents and today’s sentencing hearing, from about July 1, 2013 to August 21, 2013, Gill orchestrated a check fraud scheme that targeted financial institutions in the Charlotte area. Court records indicate that Gill executed the scheme by depositing worthless checks into back accounts of FDIC-insured institutions and then used debit cards linked to these bank accounts to purchase money orders and gift reload cards. According to court records, Gill opened a new account at a bank and used the new “starter” checks to write worthless checks he then deposited into other individuals’ bank accounts. According to court records, Gill paid the account holders between $1,000 to $2,000 in exchange for using their debit cards to purchase money orders, and Green Dot Moneypack Reload Cards. Court records show that Gill defrauded financial institutions of more than $133,000 in this manner. Gill pleaded guilty in January 2015 to one count of financial institution fraud conspiracy and one count of financial institution fraud.
Gill is currently in federal custody and will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
The U.S. Secret Service investigated the case.Assistant U.S. Attorney Kenneth Smith handled the prosecution.
Brother, Sister Sentenced for Armed Robbery at Excelsior Springs BankRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a Kansas City, Kan., brother and sister were sentenced in federal court today for the armed robbery of an Excelsior Springs, Mo., bank, which was followed by a high-speed chase until the robbers’ vehicle crashed.
Virginia Lynn Spencer, 29, and her brother, Charles Ralph Spencer, 25, both of Kansas City, Kan., were sentenced in separate appearances before U.S. Chief District Judge Greg Kays. Virginia Spencer was sentenced to 10 years and three months in federal prison without parole. Charles Spencer was sentenced to eight years and six months in federal prison without parole.
Virginia and Charles Spencer each pleaded guilty on Feb. 2, 2015, to one count of aiding and abetting an armed bank robbery and one count of aiding and abetting the possession of a firearm in furtherance of a crime of violence.
Co-defendant Steven Dale Robinson, 23, of Kansas City, Kan., pleaded guilty to being the getaway driver for the bank robbery and was sentenced on May 5, 2015, to six years and eight months in federal prison without parole.
By pleading guilty, all three defendants admitted to stealing $11,883 at gunpoint from Bank Midwest, 201 N. Jesse James Rd., Excelsior Springs, on May 23, 2014.
Before robbing the bank, in order to help disguise themselves for the robbery, the defendants went to a K-Mart store in Independence, Mo., where they purchased black University of Missouri t-shirts, a package of gardening gloves, head coverings, sunglasses, black spray dye for Charles Spencer’s facial hair and electrical tape for Virginia Spencer’s shoes. They cased banks in Polo, Braymer and Richmond, Mo., before deciding to rob the Bank Midwest in Excelsior Springs.
Prior to entering the bank, Virginia Spencer provided Charles Spencer with a loaded Rossi .32-caliber revolver. Robinson, the driver, backed the vehicle up near the bank’s entrance in order to facilitate the getaway.
Virginia and Charles Spencer entered the bank at about 5:30 p.m. Charles Spencer stood in the lobby and pointed a Rossi .32-caliber revolver in the air with his finger on the trigger. Charles Spencer displayed the revolver during the entire course of the robbery. They yelled at bank employees to sit on the floor. Virginia Spencer then jumped over the middle teller counter and began going through the teller drawers, while Charles Spencer stood near the teller station, revolver displayed. Virginia Spencer took money out of the teller drawers, placed it in a clear trash bag, and jumped back over the counter.
Both robbers ran from the bank, with Virginia Spencer saying, “Have a nice day” on her way out. They got into the vehicle being driven by Robinson and sped out of the parking lot.
A bank customer, who had just conducted a transaction at the ATM with her three children in the vehicle, drove around toward the front of the bank to leave the parking lot. As the bank robbers’ vehicle left the Bank Midwest parking lot it narrowly missed the customer’s vehicle. She immediately called 911 on her cell phone and reported the vehicle’s direction of travel.
Clay County Sheriff’s deputies saw the vehicle near 69 Highway and Lightburn Road. Attempting to escape from pursuing law enforcement officers, Robinson drove approximately 85 miles per hour while going southbound (the wrong way) in the northbound lane of traffic. Robinson ran traffic stops, struck a concrete barrier, and continued evading police officers, driving over 50 miles per hour through residential neighborhoods. After turning into oncoming traffic on Missouri Highway 291, Robinson continued to speed at 65 miles per hour, eventually reaching approximately 90 miles per hour. During this chase, Charles Spencer threw the firearm out the car window. Eventually, Robinson was traveling at such a high rate of speed that while attempting to round a corner, he lost control of the vehicle and struck a tree head-on near Kings Highway and Dam Road in Liberty, Mo. Virginia and Charles Spencer were both injured in the crash and were transported to a nearby hospital.
Law enforcement officers found a bag containing $11,883 on the front floorboard of the vehicle. Police recovered the firearm near the crash site.
This case was prosecuted by Assistant U.S. Attorney Justin G. Davids. It was investigated by the FBI, the Clay County, Mo., Sheriff’s Department and the Excelsior Springs, Mo., Police Department.
Branson EMT Pleads Guilty to Producing Child PornRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Branson, Mo., EMT pleaded guilty in federal court today to producing child pornography.
Nicholas James Dickerson, 30, of Branson, Mo., pleaded guilty before U.S. Magistrate Judge David P. Rush to the charge contained in a Feb. 25, 2015, federal indictment. Dickerson is employed by the Western Taney County Fire Protection District as an EMT and volunteer firefighter. Dickerson was residing in living quarters at a Branson fire station at the time of the offense.
By pleading guilty today, Dickerson admitted that he used a minor to produce child pornography on Feb. 7, 2015.
According to court documents, Dickerson sold his iPhone to a Nixa, Mo., business on Feb. 9, 2015. After the transaction was complete, an employee of the business noticed that the “deleted pictures folder” was still present on the screen. The employee saw an image of child pornography and alerted the store owner, who contacted law enforcement.
Investigators identified the nine-year-old victim in the image. Dickerson told investigators that he took the photo while sexually abusing the child victim in his living quarters at the fire station, and that he sexually abused the victim on multiple occasions. Dickerson also told investigators he had shown pornography to the child victim.
Under federal statutes, Dickerson is subject to a mandatory minimum sentence of 15 years in federal prison without parole, up to a sentence of 30 years in federal prison without parole, plus a fine up to $250,000. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by the FBI.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Benton County Felon Sentenced for Possessing a FirearmRead the Press Release
A four time felon who made threats by pointing a loaded shotgun at another and then discharging it in that person’s presence was sentenced today to just short of four years in federal prison.
Dennis Lee Kaplan, age 41, from Shellsburg, Iowa, received the prison term after a January 15, 2015, guilty plea to a single count Indictment charging him with being a felon in possession of a firearm.
At the guilty plea, Kaplan admitted that on August 21, 2014, he pointed a loaded shotgun at his girlfriend. He also pointed it at himself then discharged a single shell outside the door of their residence. The court noted the many aggravating risk factors in this case including placing not only himself but others at risk.
Kaplan was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Kaplan was sentenced to 46 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Kaplan is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Steve Young and investigated by the Vinton Iowa Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14 CR 00125.
Follow us on Twitter @USAO_NDIA.
Baton Rouge Man Charged with Sextortion Scheme Involving Numerous ChildrenRead the Press Release
BATON ROUGE, LA - United States Attorney Walt Green announced today that a federal grand jury has returned an indictment in connection with an international investigation into an alleged scheme to extort numerous children into producing child pornography, also referred to as “sextortion”. Specifically, the indictment charges Matthew Chaney Walker, age 25, of Baton Rouge, Louisiana, with extortion, production of child pornography, receipt of child pornography, possession of child pornography, and forfeiture.
According to the Indictment, Walker frequented social networking websites, such as Kik Messenger, in order to meet young girls online. The anonymous nature of the online relationship allowed Walker to misrepresent his name, age, gender, and interests. Pretending to be a teenage girl, Walker used different online identities and screen names, including “emilyluvsyou20,” “Emily,” “its_zoey_2002,” and “Zoey Jane,” to communicate with his victims. Soon after establishing contact, Walker used deceit and manipulation to obtain compromising images of the victims. Thereafter, Walker threatened to send compromising images of the victims to their schools, friends, families, and/or the public unless the victims created and sent to Walker images of themselves nude or engaging in sexually explicit conduct. Some victims complied with Walker’s demands for nude and/or sexually explicit images. Each victim eventually told a family member, who intervened and contacted law enforcement.
The investigation of this case is ongoing. To date, at least four minor female victims have been identified, although law enforcement is attempting to confirm the identity of many other victims. Anyone who believes that they might have been a victim of Walker’s offenses is encouraged to contact the Baton Rouge Office of the U.S. Department of Homeland Security, Homeland Security Investigations (HSI), at 225-757-7770, extension 106.
If convicted, Walker faces significant incarceration, fines, restitution, forfeiture, and supervised release following imprisonment.
U.S. Attorney Green stated: “Child predators increasingly use the internet to attack our children in ways never imagined a generation ago. No longer does safety equate to being inside, behind locked doors, as the interest has brought the best and worst of society into our homes. The good news is that communities are fighting back, along with prosecutors and law enforcement agents all over the world. This indictment represents another effort in this important fight.”
“Threatening and extorting young girls into producing sexually explicit images of themselves is a callously deviant act of predatory behavior,” said HSI New Orleans Acting Special Agent in Charge Cindy M. Johnson. “Child pornography steals the innocence of children, and the associated emotional manipulation can scar a child for life. HSI will continue to use all the tools in its arsenal to identify the perpetrators of these horrendous acts and seek justice on behalf of their victims.”
Detective Ryan Wilson of the Peterborough Police Service in Ontario, Canada, stated: “This investigation is a prime example of the importance of working collaboratively with our international partners in an effort to combat the exploitation of children on the Internet.”
This matter is being handled by the U.S. Attorney’s Office for the Middle District of Louisiana, the U.S. Department of Homeland Security, Homeland Security Investigations (DHS-HIS) and the U.S. Secret Service, with assistance from the Cyber Crime Unit and the Criminal Division of the Louisiana Attorney General’s Office; the Sheriff’s Office for Cheatham County, Tennessee; the Sheriff’s Office for Ottawa County, Michigan; the City Police Department for Naperville, Illinois; the Peterborough Police Service in Ontario, Canada, which a member of the Ontario Provincial Strategy to Protect Children from Sexual Abuse and Exploitation on the Internet; and the U.S. Attorney’s Office for the Middle District of Tennessee.
This matter is being prosecuted by Assistant U.S. Attorney Cam T. Le who serves as the Project Safe Childhood Coordinator for the Middle District of Louisiana.
These federal charges are part of Project Safe Childhood, a nationwide initiative by the U.S. 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.
NOTE: An indictment is an accusation by the Grand Jury. The defendant is presumed innocent until and unless adjudicated guilty at trial or through a guilty plea.
Baltimore Cocaine Dealer and Member of the Jenifer Drug Trafficking Organization Sentenced to 10 Years in PrisonRead the Press Release
Baltimore, Maryland – U.S. District Judge Richard D. Bennett sentenced Elroy Johnson, age 49, of Baltimore, today to 10 years in prison, followed by five years of supervised release, for conspiracy to distribute and possession with intent to distribute five kilograms or more of cocaine, in connection with his participation in the Jenifer drug trafficking organization (Jenifer DTO).
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Acting Assistant Special Agent in Charge Shawn R. Ellerman of the Drug Enforcement Administration, Baltimore District Office; Special Agent in Charge Thomas Jankowski of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office; Interim Commissioner Kevin Davis of the Baltimore Police Department; and Chief James W. Johnson of the Baltimore County Police Department.
According to his plea agreement, from September 2012 to October 2014, the Jenifer DTO supplied Johnson and others with kilogram-quantities of cocaine for distribution in and around the Baltimore-Washington metropolitan areas. The Jenifer DTO obtained its cocaine from suppliers in or around Houston, Texas. The Jenifer DTO transported money hidden in secret compartments in “courier vehicles” from Baltimore to Houston. The cocaine was then transported from Houston to Baltimore hidden in the secret compartments in the Jenifer DTO’s courier vehicles. In September 2012 and July 2013, courier vehicles for the Jenifer DTO were intercepted in Chambers County, Texas and in Arkansas. The vehicles contained approximately 30 kilograms and 23 kilograms, respectively, of cocaine hidden in a secret compartment. Between August 2013 and October 2014, approximately 30 shipments of cocaine were made to the Jenifer DTO.
In August and September 2014, agents saw Johnson meet with members of the Jenifer DTO to exchange money and obtain cocaine. On October 9, 2014, approximately 123 grams of cocaine was seized from Johnson’s residence. On that same day, approximately 27 kilograms of cocaine were seized from one of the Jenifer DTO’s courier vehicles.
Johnson admitted that he was a member and co-conspirator of the Jenifer DTO, which was responsible for trafficking no less than 750 kilograms of cocaine from Houston to Baltimore from August 2013 to October 2014.
William Hegie, age 54, and Kermit Clark, age 44, both of Baltimore, previously pleaded guilty to their participation in the conspiracy and were each sentenced to 10 years in prison.
United States Attorney Rod J. Rosenstein praised the DEA, IRS Criminal Investigation and Baltimore City and County Police Departments for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney John W. Sippel, Jr., who prosecuted the case, and expressed his appreciation to the United States Attorney’s Offices for the Southern District of Texas and the Southern District of New York for their assistance in this Organized Crime Drug Enforcement Task Force case.
Baldwin Borough Man Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
PITTSBURGH – A resident of Baldwin Borough, Pa., pleaded guilty in federal court to a charge of violating federal firearms laws, United States Attorney David J. Hickton announced today.
Eric Charles Smith, 37, of Pittsburgh, Pa., pleaded guilty to one count before United States District Judge Mark R. Hornak.
In connection with the guilty plea, the court was advised that on or about July 27, 2014, officers of the Baldwin Borough Police Department arrested Eric Smith at his residence in Baldwin for domestic violence assault against his girlfriend and their five-year-old. Two days later, while Smith was still in jail on that charge, officers were called out to Smith’s residence by Smith’s girlfriend who indicated that she had obtained a Protection from Abuse Order against Smith and wanted his items removed from the residence, thereby giving officers consent to enter and seize items. Upon their entry, officers observed numerous (approximately 20) improvised explosive devices, explosive precursor chemicals, written calculations and recipes for explosives, bombmaking literature (such as the Anarchist Cookbook), remote detonating devices and various white supremacist and Nazi paraphernalia (including a podium and business cards which seemed to indicate that his residence was the meeting location for a group known as the “White Church Supremacists”). Among the devices was a six-inch long fused cylinder device which has been determined by the ATF to contain a perchlorate-based powder explosive containing aluminum and potassium perchlorate, as well as nails and other fragmentation taped to the outside of the cylinder. This device has been determined to be in operable condition and to fall within the legal definition of a “destructive device” by the ATF. In addition to being a convicted felon that is prohibited from possessing such a weapon, Smith has no items registered to him in the National Firearms Registration and Transfer Record.
Judge Hornak scheduled sentencing for Dec. 3, 2015. The law provides for a maximum total sentence of 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Pending sentencing, the court remanded the defendant into custody.
Assistant United States Attorney James T. Kitchen is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation that led to the prosecution of Smith.
Annapolis Felon Pleads Guilty to Illegal Possession of a FirearmRead the Press Release
Baltimore, Maryland – Cecil Scott Wiggins, age 49, of Annapolis, Maryland, pleaded guilty today to being a felon in possession of a firearm.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge William P. McMullan of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Annapolis Police Chief Michael A. Pristoop; Anne Arundel County Police Chief Tim Altomare; and Anne Arundel County State’s Attorney Wes Adams.
Annapolis Police Chief Michael Pristoop stated, “Violent crime in Annapolis is at a historic low due in part to the outstanding federal and local partnerships we enjoy. This is another clear example and I thank our law enforcement partners for their work in this case.”
According to Wiggins’ plea agreement, on December 19, 2014, Annapolis Police Department (APD) officers were called to the1300 block of Tyler Avenue in Annapolis for reports of shots fired. When officers arrived, the victim stated that her boyfriend, Cecil Scott Wiggins, fired a shot into her home. At the time Wiggins fired the shot, the victim and her fourteen-year old son were attempting to prevent Wiggins from getting inside the home. The shot hit the ceiling of the kitchen, without going through the upstairs floor or causing any injuries.
APD and the Anne Arundel County Police Department eventually located Wiggins at his mother’s home in Annapolis. APD personnel spoke to Wiggins’ mother, who gave consent to search her residence, and signed a consent form. In the basement where Wiggins resided, APD recovered a .22 caliber spent shell casing on the floor near the couch, and a silver/black .22 caliber revolver in the nearby laundry room. The revolver had black tape and multicolored rubber bands around the handle, and was loaded with one round of .22 caliber ammunition that matched the type of shell casing found on the floor.
Wiggins was arrested and transported to APD headquarters. Wiggins acknowledged he had a gun when he went to the victim’s home. He claimed that he accidentally pulled the trigger when he stuck his arm through the open door and the door closed on his arm.
Wiggins had previous felony convictions which prohibited him from possessing firearms or ammunition.
Wiggins and the government have agreed that if the Court accepts the plea agreement Wiggins will be sentenced to between 37 and 66 months in prison. U.S. District Judge Richard D. Bennett has scheduled sentencing for September 17, 2015, at 3:00 p.m.
United States Attorney Rod J. Rosenstein commended the ATF, Annapolis and Anne Arundel County Police Departments and Anne Arundel County State’s Attorney’s Office for their work in the investigation and prosecution. Mr. Rosenstein thanked Assistant United States Attorney Bonnie S. Greenberg and Special Assistant U.S. Attorney Shelly S. Glenn, who are prosecuting the case.
3 August 2015
Yakama Tribal Members Sentenced and Fined for Killing EaglesRead the Press Release
Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Willard Phillip Maldonado and Austin Henry Phillips were sentenced in Yakima for their involvement in the commercialization of eagles. Maldonado, 41, of Union Gap, Washington, was sentenced to 9 months in custody, 6 of which will be served in home confinement. United States District Judge Salvador Mendoza also ordered Maldonado to serve a term of 3 years of supervision and to pay fines and assessments totaling $1,805. Maldonado also agreed to forfeit certain property, including firearms, a vehicle used to transport eagles, and eagle parts. Maldonado pled guilty on April 22, 2015, to six counts involving the killing and transporting of bald and golden eagles for commercial purposes and to offering eagle parts for sale in violation of the Bald and Golden Eagle Protection Act (16 U.S.C. § 668(a)) and the Lacey Act (16 U.S.C. §§ 3372(a)(1) and 3373(d)(1)(b). The offenses occurred over a period of more than three years from December of 2010 through January of 2014. The investigation revealed that Maldonado was using animal carcasses as bait to hunt eagles and was offering their feathers for sale through social media on the internet. One eagle carcass was found wearing a leg band that was later determined to have been placed on the bird by a biologist in Oregon.
Phillips, 39, of Granger, Washington, plead guilty on April 8, 2015, to a misdemeanor stemming from his killing of a bald eagle on January 17, 2014, while hunting with Maldonado. Phillips was sentenced to 3 years of supervised probation with 30 days in home confinement. As a condition of his probation, he will not be allowed to hunt outside of the Yakama Indian Reservation.
As members of the Yakama Indian Tribe, both Maldonado and Phillips can lawfully possess eagle feathers for non-commercial purposes. All members of federally recognized Indian tribes can obtain eagle feathers from a national repository maintained by the U.S. Fish and Wildlife Service for that purpose. However, it is unlawful for anyone to offer eagle feathers for sale or to sell eagle feathers.
The investigation identified people around the country and in Canada who responded to solicitations made by Maldonado. The investigation is one of a number of similar investigations in recent years that have led to convictions of Yakama tribal members, including United States v. Hawk, 09-CR-02034-001; United States v. Wahchumwah, 09-CR-02035-001; and United States v. Arquette, 14-CR-02057.
Michael C. Ormsby said, “The eagle is our country’s national symbol and is a national treasure. Importantly, it is an important and valuable resource evidenced in part by Congress’ enactment of the Bald and Golden Eagle Protection Act and Migratory Bird Treaty Act. The eagle also has cultural and religious significance to Native Americans and it is important to protect eagles as part of Native American heritage. The United States Attorney’s Office, together with its law enforcement partners, will continue to investigate and prosecute aggressively those individuals who wantonly choose to violate these statutes.”
This investigation was conducted by agents with the U.S. Fish and Wildlife Service, the Washington Department of Fish and Wildlife and Yakama tribal authorities. The case was prosecuted by Timothy J. Ohms, an Assistant United States Attorney for the Eastern District of Washington.
Violent Fugitive Captured After Four Year SearchRead the Press Release
On Friday, July 31st, Andrew Smith, also known as “Back-it,” was arrested by members of the United States Marshals Service New York/New Jersey Regional Fugitive Task Force; the United States Marshals Service Southern Ohio Fugitive Apprehension Strike Team; Immigration and Customs Enforcement and Removal; and the Cincinnati Police Department. Smith was arrested with the assistance of a K-9 unit at approximately 1:30 a.m. in Cincinnati, Ohio, after a brief stand-off.
Smith is allegedly a member of the violent Fatherless Crew marijuana trafficking organization, which for years used violence and intimidation to control drug trafficking in portions of Queens, New York.
The capture was announced by Kelly T. Currie, Acting United States Attorney for the Eastern District of New York, and Charles Dunne, United States Marshal for the Eastern District of New York.
Smith has been a fugitive since October 2010. He narrowly escaped arrest when, following a year-long investigation, federal, state, and local law enforcement officers conducted a search of the Fatherless Crew’s stash house in Queens. That search resulted in the arrest of more than a dozen individuals and the seizure of nearly 300 pounds of marijuana, three loaded handguns, and a variety of drug trafficking paraphernalia, including electronic scales, heat-sealing machines, and a vehicle outfitted with a with a hydraulic trap for concealing firearms. Smith was allegedly responsible for both the distribution of marijuana at the organization’s stash house and the use of violence against rival drug dealers. In March 2010, Smith was also allegedly involved in a shootout with a rival drug gang during a baby shower in St. Albans, Queens. Detectives from the NYPD recovered more than 30 shell casings and bullets, including one bullet that ricocheted off the door of a neighboring daycare center. One individual was shot in the chest during the gunfight but survived.
To date, more than 15 members and associates of the Fatherless Crew have been convicted, including four who were convicted following a five week trial in early 2012.
“Andrew Smith thought he could evade justice by living his life on the run. He learned today that he was wrong,” stated Acting United States Attorney Currie. “Law enforcement will work cooperatively and tirelessly to find and capture violent fugitives.” Mr. Currie expressed his appreciation to each of the agencies that participated in the arrest and thanked the Drug Enforcement Administration, United States Postal Inspection Service, New York City Police Department, and U.S. Attorney’s Office for the Southern District of Ohio for their assistance in this case.
“This fugitive was located because multiple federal, state and local law enforcement agencies cooperated with each other over a period of several years through the United States Marshals Service’s Fugitive Task Forces both in New York and Ohio. These Task Forces produce results like this every day,” stated United States Marshall Dunne.”
The defendant was arraigned on Friday afternoon before United States Magistrate Judge Stephanie Bowman at the federal courthouse in Cincinnati, Ohio, and was ordered to be removed to the Eastern District of New York to face drug tracking and firearms charges. The defendant was remanded without bail. The charges are merely allegations, and the defendant is presumed innocent unless and until proven guilty.
The government’s case is being prosecuted by the Office’s International Narcotics and Money Laundering Section. Assistant United States Attorneys Steven Tiscione, Gina Parlovecchio, and Tyler Smith are in charge of the prosecution.
The Defendant:
ANDREW SMITH
Age: 41E.D.N.Y. Docket No. 10-CR-809 (KAM)
Victoria Man Convicted of Sexual Exploitation of a ChildRead the Press Release
VICTORIA, Texas – Mathew Kelly Millegan, 31, of Victoria, has pleaded guilty to production of child pornography, announced U.S. Attorney Kenneth Magidson.
Millegan came to the attention of law enforcement after authorities had learned of the sexual assault of two children. The children were identified and confirmed the abuse. Millegan was identified as the perpetrator and admitted to sexual assaulting the two children and taking sexual explicit photographs of the incident.
Authorities executed a search warrant at Millegan’s residence and seized several electronic media storage devices. Forensic examination led to the discovery of several photographs of the children involved in sexual explicit conduct.
Senior U.S. District Judge John D. Rainey accepted the guilty plea today and set sentencing for Nov. 2, 2015. At that time, Millegan faces a minimum of 15 and up to 30 years in federal prison as well as possible $250,000 fine. Upon completion of any prison term imposed, Millegan also faces a maximum of life on supervised release during which time the court can impose a number of special conditions designed to protect and prohibit the use of the Internet.
Millegan was arrested on the federal charges in June 2015 and has been in custody since that time where he will remain pending his sentencing hearing.
Homeland Security Investigations and the Victoria County Sherriff’s Office investigated with the assistance of the Corpus Christi Police Department - Internet Crimes Against Children Task Force.
This case, prosecuted by Assistant U.S. Attorney Hugo R. Martinez, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Victoria Man Convicted of Sexual Exploitation of a ChildRead the Press Release
VICTORIA, Texas – Mathew Kelly Millegan, 31, of Victoria, has pleaded guilty to production of child pornography, announced U.S. Attorney Kenneth Magidson.
Millegan came to the attention of law enforcement after authorities had learned of the sexual assault of two children. The children were identified and confirmed the abuse. Millegan was identified as the perpetrator and admitted to sexual assaulting the two children and taking sexual explicit photographs of the incident.
Authorities executed a search warrant at Millegan’s residence and seized several electronic media storage devices. Forensic examination led to the discovery of several photographs of the children involved in sexual explicit conduct.
Senior U.S. District Judge John D. Rainey accepted the guilty plea today and set sentencing for Nov. 2, 2015. At that time, Millegan faces a minimum of 15 and up to 30 years in federal prison as well as possible $250,000 fine. Upon completion of any prison term imposed, Millegan also faces a maximum of life on supervised release during which time the court can impose a number of special conditions designed to protect and prohibit the use of the Internet.
Millegan was arrested on the federal charges in June 2015 and has been in custody since that time where he will remain pending his sentencing hearing.
Homeland Security Investigations and the Victoria County Sherriff’s Office investigated with the assistance of the Corpus Christi Police Department - Internet Crimes Against Children Task Force.
This case, prosecuted by Assistant U.S. Attorney Hugo R. Martinez, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
United States Files Complaint Against Three Wisconsin Dietary Supplement ManufacturersRead the Press Release
WASHINGTON – The Department of Justice filed a complaint today alleging that three Wisconsin companies that manufacture dietary supplements were not complying with the U.S. Food and Drug Administration’s (FDA’s) current good manufacturing practices and were misbranding their products. The complaint was filed in the Eastern District of Wisconsin against Atrium Inc., Aspen Group Inc., Nutri-Pak of Wisconsin Inc., and the owners of the three firms, James F. Sommers and Roberta A. Sommers. The companies, located in Wautoma, Wisconsin, sell dietary supplements to retail stores, healthcare professionals and directly to consumers via the Internet.
The complaint alleged that the firms were violating the federal Food, Drug and Cosmetic Act (FDCA) by failing to comply with current good manufacturing practices that, among other things, require manufacturers to establish specifications to ensure the identity and potency of the ingredients in dietary supplements. The complaint also alleged that the firms’ products were misbranded because they failed to identify the part of the plant from which the ingredients were derived, did not list the number of servings per container and failed to identify the serving size.
Supplements manufactured by the firms included Atrium brands Chole-Sterin, Di-Acid Stim, Ocu-Comp and Super-Flex; Aspen brand Flexile-Plus; and Nutri-Pak brands Glucobiotic Supreme and Ocu-Comp.
“Makers of dietary supplements who do not follow the FDA’s regulations put the public at risk,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “The Department of Justice will continue to work with the FDA to try to make sure that consumers are ingesting safe products and are getting what they paid for.”
“This case and the remedial actions required by the consent decree reflect the continuing focus of our office and the Justice Department generally in safeguarding and promoting the health and well-being of our people,” said U.S. Attorney James L. Santelle of the Eastern District of Wisconsin. “The corrections that these companies are required to accomplish along with oversight and inspection of them, will ensure compliance with the law and responsible sales to consumers.”
In conjunction with the filing of the complaint, the defendants agreed to settle the litigation and be bound by a consent decree of permanent injunction that prohibits them from violating the FDCA. The consent decree requires the dietary supplement manufacturer to cease all operations and requires that if the defendants wish to resume manufacturing dietary supplements in the future, the FDA first must determine that their manufacturing practices have come into compliance with the law. The proposed consent decree is awaiting approval by the court.
The case is being handled by Trial Attorney Patrick Jasperse of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Susan M. Knepel of the Eastern District of Wisconsin, with assistance from Deeona Gaskin of the FDA’s Office of the Chief Counsel.
A complaint is merely a set of allegations that, if the case were to proceed to trial, the government would need to prove by a preponderance of the evidence.
# # #
U.S. Attorney's Office Obtains ADA Settlement with Doctor's Office for Denying Treatment to Disabled PatientRead the Press Release
The U.S. Attorney's Office for the Eastern District of Michigan has reached a settlement with a Flint ophthalmology office to resolve allegations that it denied treatment to a patient in violation of the Americans with Disabilities Act (ADA), U.S. Attorney Barbara L. McQuade announced today. The settlement resolves a complaint that Park Eye and Surgi-Center refused to complete an assessment for cataract surgery for a patient because of his disability. The investigation showed that the medical practice did not fully assess the patient because it inaccurately assumed that the patient could not complete the normal battery of tests required for cataract surgery because of his mobility disability. The ADA requires that places of public accommodation, such as medical offices, modify their practices to reasonably accommodate persons with disabilities. The patient later received treatment at another local ophthalmologist practice that made the necessary modifications to fully assess him for cataract surgery. “Health care providers are required to provide patients with disabilities the same medical care that is available to other patients,” McQuade said. “Medical practitioners cannot simply make assumptions about any patients. They must engage in a meaningful consideration of what can reasonably be done to assist them.” Under the settlement, the medical practice agreed to update its policies and training materials to ensure compliance with the ADA and to pay compensatory damages to the Complainant. In addition, the practice must train its staff on the ADA and develop and implement an anti-discrimination policy. The U.S. Attorney’s Office is continuing to investigate complaints involving hospitals and other medical offices related to physical access to medical care for people with mobility disabilities, and effective communication for people who are deaf or have hearing loss as part of the Department of Justice’s Barrier Free Healthcare Initiative, which prioritizes enforcement efforts on this critical area. For more information on the ADA and the DOJ’s Barrier Free Healthcare Initiative, visit http://www.ada.gov/usao-agreements.htm. Those interested in finding out more about these settlements, the obligations of public accommodations under the ADA, or filing a complaint may contact the U.S. Attorney’s Office via email at [email protected], or by calling 313-226-9151. They may also contact the Justice Department through its toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD), access its ADA website at www.ada.gov, or file a complaint by email at [email protected].Two convicted on child pornography chargesRead the Press Release
WHEELING, WEST VIRGINIA – Robert J. Gongloff, 25, of Weirton, West Virginia, and Matthew A. Amedeo, 69, of Chester, West Virginia, were each convicted today of child pornography offenses in federal court, United States Attorney William J. Ihlenfeld, II, announced.
An investigation by Immigration and Customs Enforcement and the West Virginia State Police revealed that Gongloff produced numerous images and videos depicting nude minors and minors engaged in sexually explicit conduct. Gongloff, originally from Preston County, West Virginia, also misrepresented his name and age on a website known as MeetMe.com, claiming to be 17 years old and using the name “Johnny Williamson,” in order to transmit sexually explicit photographs to minor females. Gongloff pled guilty today to one count of “Production of Child Pornography.” He faces between 15 and 30 years in prison and a fine of up to $250,000.
Amedo utilized an online file sharing website to share and download various images of child pornography in Hancock County, West Virginia throughout 2014. He pled guilty today to one count of “Possession of Child Pornography,” following an investigation by the West Virginia State Police. He faces up to 20 years in prison and a fine of up to $250,000.
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 defendants.
Assistant U.S. Attorney Stephen Vogrin prosecuted the cases on behalf of the government.
U.S. Magistrate Judge James E. Seibert presided.
Two Brothers Sentenced on Food Stamp Fraud ChargesRead the Press Release
Two Detroit brothers have been sentenced to federal prison for the roles they played in a fraudulent food stamp scheme, U.S. Attorney Barbara L. McQuade has announced. McQuade was joined in the announcement by Special Agent-in-Charge Anthony V. Mohatt, of the United States Department of Agriculture’s Office of Inspector General. On July 20, 2015 U.S. District Court Judge Robert H. Cleland sentenced Yousef Haddad, age 57, to 42 months in prison, three years of supervised release and ordered him to pay $1,182,705.00 in restitution. Previously, on June 9, 2015 Haddad’s brother, Khalil Haddad, was sentenced by Judge Cleland to 34 months imprisonment, 36 months supervised release, and ordered to pay $978,277.00 in restitution. According to court records, between January of 2008 and September of 2011 Yousef and Khalil Haddad engaged in a scheme of fraudulently obtaining in excess of $1 million from the Supplemental Nutritional Assistance Program, more commonly known as the Food Stamp Program. The scheme involved their convenience store, Dollar City, located on Rosa Parks Blvd. in the City of Detroit. The Haddads would pay cash for food stamps usually at 50 cents to the dollar. They would then obtain 100% reimbursement from the United States Department of Agriculture through its Food and Nutrition Services Agency. Special Agent-in-Charge Mohatt stated: “The Supplemental Nutrition Assistance Program was created to provide food and nutrition to those who truly need this assistance. Those who are involved in fraud and abuse of SNAP and other USDA programs will be aggressively pursued by our office. Our joint investigation with the Internal Revenue Service – Criminal Investigations (IRS-CI) and Michigan State Police – Bridge Card Enforcement Team (MSP-BCET) has brought Yousef and Khalil Haddad to justice. The USDA Office of Inspector General will continue to dedicate resources and work with our federal and state law enforcement partners in order to protect the integrity of these programs and to prosecute those who commit fraud.”Three Gaston County Men Arrested for Conspiracy to Violate Laws Governing Firearms, Explosive Devices and Related ChargesRead the Press Release
CHARLOTTE, N.C. – Walter Eugene Litteral, 50, Christopher James Barker, 41, of Gastonia, and Christopher Todd Campbell, 30, of Mt. Holly, N.C., were arrested on Saturday, August 1, 2015, for conspiring to violate federal laws governing firearms and explosive devices and related charges, announced Acting U.S. Attorney Jill Westmoreland Rose of the Western District of North Carolina. Criminal complaints against the men were filed in late July 2015 and remained sealed until today.
Special Agent in Charge John A. Strong of the FBI’s Charlotte Division joins Acting U.S. Attorney Rose in making today’s announcement.
According to allegations contained in the affidavits filed with the criminal complaints:
Beginning on or about June 18, 2015, law enforcement received information that Litteral and Barker were attempting manufacture explosive or destructive devices. On or about July 22, 2015, law enforcement received information that Campbell was reconstructing live grenades from “dummy grenades” sold legally as military artifacts. Litteral, Campbell and others believed that the United States government intended to use the armed forces to impose martial law, which they planned to resist with violent force. Litterral had been purchasing numerous military equipment in preparation for the alleged attack, including ammunition for a .338 caliber rifle, handheld radios with throat microphones for communication, military issue Kevlar helmets, body armor vests and balaclavas (a form of cloth headgear designed to expose only parts of the face).
The FBI became aware that Litteral and Campbell wanted to manufacture destructive devices such as pipe bombs and grenades and possessed some of the needed components. According to the investigation, Barker provided Litteral with pipe fittings, which are needed to manufacture pipe bombs. Litteral also discussed testing the destructive devices in Shelby, N.C., with Barker present for the testing. Making reference to the explosion, court records indicate that Litteral said, “it is going to be great.”
In addition to purchasing the military supplies, Litteral also tried to purchase a firearm and ammunition for Barker. According to court records, Litteral filled out the required form with his own information, even though the gun was intended for Barker. Using his own debit card, Barker purchased ammunition and a large capacity magazine for the gun. Barker’s prior criminal felony convictions prohibit him from purchasing or possessing a firearm or ammunition.
The three men had their initial appearances today in court and will in remain in federal custody pending their detention hearings, which have been set for Thursday, August 6, 2015.
The charge of conspiracy to violate laws governing firearms and explosive devices carries a maximum potential penalty of five years in prison and a $250,000 fine. Campbell is also charged with receiving, possessing and making a firearm – which definition includes a destructive device – for which the maximum penalty is 10 years in prison and a $10,000 fine.
The charges contained in the complaint are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The case is being investigated by the FBI and the Joint Terrorism Task Force (JTTF) of which the North Carolina Highway Patrol, the Federal Air Marshal Service, the Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Charlotte Mecklenburg Police Department are members. In making today’s announcement, Acting U.S. Attorney Rose thanked the Belmont Police Department, the Mount Holly Police Department, Gaston County Police Department, the Gastonia Police Department, and the Mecklenburg County Sheriff’s office for their assistance with the investigation.
The case is being prosecuted by Assistant U.S. Attorney and Senior Litigation Counsel Michael E. Savage of the Western District of North Carolina.
Texas Man Sentenced to 14 Years in Prison for Transporting Child PornographyRead the Press Release
Contact: Craig M. Wolff
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced that Steven Sawyer, 37, of Splendora, Texas, was sentenced today in U.S. District Court by Judge Jon D. Levy to 14 years in prison and 10 years of supervised release for transporting child pornography. Sawyer pleaded guilty to the charge on March 25, 2015.
According to court records, in October 2014, Sawyer, who was in Texas, sent an email message to the undercover email account of a Special Agent with U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) in Maine. Attached to the email was a video file depicting a young girl engaging in sexually explicit conduct.
The investigation was conducted by HSI. The 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 U.S. 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.
Texas Fugitive Pleads Guilty to Aggravated Identity Theft and Manufacturing Counterfeit Federal Reserve NotesRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that John Thomas Humphreys (46, Texas) has pleaded guilty to manufacturing counterfeit Federal Reserve notes, false representation of a Social Security number, and aggravated identity theft. He faces a maximum penalty of 25 years in federal prison for the counterfeit note and false representation charges, to be followed by a consecutive mandatory minimum of 2 years in federal prison for the aggravated identity theft charge.
According to the plea agreement, on February 2, 2015, the Green Cove Springs Police Department received information that two individuals, later identified as Humphreys and Joe Eugene Loving, were manufacturing counterfeit Federal Reserve notes in their hotel room at the Astoria Hotel in Clay County. The two men had active arrest warrants for parole violations in Texas and were subsequently arrested at the hotel by deputies from the Clay County Sheriff’s Office. Deputies found a counterfeit $100.00 note on Loving after his arrest.
During an interview with law enforcement, Humphreys and Loving stated, among other things, that they were involved in a drug deal in Texas in December 2014 and had been on the run ever since. They estimated printing and passing at least $10,000.00 in counterfeit currency. In addition, they printed counterfeit checks using the identities of others.
During a subsequent search of the hotel room, agents located a box of personal identification information and financial documents belonging to other individuals, a printer/scanner/copier with counterfeit checks lying on top of it, counterfeit currency, and various computer media which had been used to manufacture the counterfeit currency.
A third individual, Paul Corbin Pennington, Jr., was also charged in this case for passing counterfeit currency. Pennington, a maintenance worker at the Astoria Hotel, loaned Loving and Humphreys his computer to watch movies. Loving and Humphreys used the computer to print counterfeit checks. Pennington confessed to law enforcement officers that he had passed counterfeit currency in Clay County.
On July 9, 2015, Pennington pleaded guilty to one count of passing counterfeit currency. His sentencing hearing is scheduled for October 13, 2015. Loving’s case is set for trial in September 2015.
An indictment is merely a formal charge that a defendant has committed a violation of one or more federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Green Cove Springs Police Department, the Clay County Sheriff’s Office, and the United States Secret Service Jacksonville Field Office. It is being prosecuted by Assistant United States Attorney Kevin C. Frein.
Tampa Man Sentenced to Twenty Years for Trading Child PornographyRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven has sentenced Richard Donald Ragsdale (57, Tampa) to 20 years in federal prison for transportation and receipt of child pornography. He pleaded guilty on December 18, 2014.
According to the complaint, on May 5, 2014, an undercover agent downloaded child pornography from an Internet Protocol (IP) address that was connected to Ragsdale’s residence. Further investigation revealed online chats by Ragsdale, in which he admitted to having prior sexual contact with children and discussed the sexual abuse of children. On June 24, 2014, a federal search warrant was executed at Ragsdale’s Tampa residence. Agents found hundreds of videos and images depicting child pornography on Ragsdale’s laptop.
This case was investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Jennifer L. Peresie.
It is another case 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 (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.