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Wednesday 3 June 2015
Shipping Company Sentenced to Pay $750K for Dumping OilRead the Press Release
Anchorage, Alaska – Herm. Dauelsberg GmbH & Co. KG, a German company, was sentenced in federal court today to pay a total of $750,000 in fines and community service payments for violating the Act to Prevent Pollution from Ships by intentionally discharging 1,780 gallons of oily water into the sea off the coast of Alaska and then presenting false records to the U.S. Coast Guard.
Herm. Dauelsberg was also ordered to implement a comprehensive Environmental Compliance Plan and was placed on probation for three years. During the term of probation, Herm. Dauelsberg will be subject to a heightened level of scrutiny, including warrantless searches of its vessels and places of business based upon a reasonable suspicion that it is violating the law. Of the total payment, Herm. Dauelsberg will pay $600,000 in criminal fines and $150,000 in community restitution. The community restitution payment will go to the National Fish and Wildlife Foundation to be used for research, projects, and education designed to study and/or benefit the marine environment within the Exclusive Economic Zone of the United States off the coast of Alaska and/or the natural resources or wildlife contained therein near Alaska.
Defendant Herm. Dauelsberg is the operator of the Motor Vessel Lindavia. The M/V Lindavia is a cargo container ship, built in 1996, that operates under the flag of the Republic of Liberia. It is a vessel of 23,825 gross tons, has a displacement of 40,932 metric tons, and is 617 feet long. On February 11, 2015, the vessel arrived in Dutch Harbor, Alaska and was boarded by the United States Coast Guard on February 12, 2015.
Between January 27, 2015 and February 11, 2015, the M/V Lindavia travelled from South Korea, to China, and thereafter travelled through the Exclusive Economic Zone of the United States off the coast of Alaska arriving in Dutch Harbor, Alaska the night of February 11, 2015. As the operator of the M/V Lindavia, Herm. Dauelsberg was responsible for operating the Oil Water Separator (OWS) and maintaining an accurate Oil Record Book (ORB).
During the transit from China to Dutch Harbor, Alaska between January 31, 2015 and February 6, 2015, on at least five separate days, Herm. Dauelsberg knowingly discharged at least 1,430 gallons of oily water directly overboard. Crewmembers used a pump system with hoses fed down through an overboard discharge point to illegally discharge oily water directly overboard. Crewmembers pumped oily water from a cargo hold into 55-gallon drums on the main deck and then pumped the oily water from the 55-gallon drums through the hoses directly overboard. On February 11, 2015, while the vessel was approximately 100 miles off the coast of Dutch Harbor, Alaska, crewmembers operated the fixed hydraulic bilge system for the bilge under the cargo hold and knowingly discharged at least 350 gallons of oily water directly into the sea. This illegal discharge occurred within the United States’ Exclusive Economic Zone off the coast of Alaska into the Bering Sea.
Herm. Dauelsberg knowingly failed to record the discharges of oil into the sea in the M/V Lindavia’s ORB. Herm. Dauelsberg knowingly failed to maintain an accurate ORB as required by the Act to Prevent Pollution from Ships (APPS), and knowingly presented the false and fictitious ORB to the United States Coast Guard and had it available for inspection by the United States Coast Guard when the M/V Lindavia arrived in Dutch Harbor, Alaska on February 11, 2015. Herm. Dauelsberg knew that its use of the pump and hose system, its use of the cargo hold bilge system to discharge oil, and its failure to records the transfers and discharges of oil were illegal.
Herm. Dauelsberg was on probation at the time of these offenses. On April 4, 2014, Herm. Dauelsberg pled guilty in the Central District of California to Failing to Maintain an Accurate Oil Record Book, in violation of the Act to Prevent Pollution from Ships, and Failing to Report a Hazardous Condition Aboard a Vessel in violation of the Ports and Waterways Safety Act, related to Herm. Dauelsberg’s operation of the M/V Bellavia between August 2013 and October 2013. On April 28, 2014, Herm. Dauelsberg was sentenced to three years’ probation, a fine of $1,000,000, a community service payment of $250,000, and a special assessment of $800.
In Federal Court today, Herm. Dauelsberg also admitted that it violated a condition of its probation in the Central District of California case by committing a new violation of the law. Herm. Dauelsberg’s probation in that case has been revoked and a new three year term of probation has been imposed with a special condition that it fund and implement an Environmental Compliance Plan.
“This is the second conviction and sentence in the last 10 days stemming from the intentional and illegal discharge of oil from cargo ships into waters off the coast of Alaska,” said Kevin Feldis, First Assistant United States Attorney. “There is no excuse for this conduct. Companies that seek to profit from transporting cargo across the world’s oceans have a responsibility to likewise invest in following the law.” In this case, Feldis described that “35,000 gallons of heavy fuel oil leaked into the ship’s cargo hold because a bulkhead had corroded and a hole developed in a fuel tank. The ship left port in South Korea and headed to Alaska before this heavy fuel oil was cleaned from the bilge area below the cargo hold, ultimately resulting in the crew illegally and intentionally discharging a mix of sea water and heavy fuel oil that accumulated in that bilge area.”
The M/V Lindavia was initially inspected and detained in Dutch Harbor, Alaska by the United States Coast Guard marine inspectors. This case was investigated by the U.S. Coast Guard Investigative Service and the U.S. Environmental Protection Agency Criminal Investigation Division.
Shasta County Woman Sentenced to 5 Years in Prison for Interstate Trafficking of Marijuana and Money LaunderingRead the Press Release
SACRAMENTO, Calif. — Aimee Sharon Burgess, 36, of Shasta Lake, was sentenced today by United States District Judge Kimberly J. Mueller to five years in prison for conspiring to distribute marijuana and conspiracy to launder money, United States Attorney Benjamin B. Wagner announced.
According to court documents, Burgess conspired with others to manufacture and distribute marijuana that had been grown in California and shipped to Pennsylvania for sale. When federal agents searched the house that she shared with co-defendant, Glen Edward Meyers in September 2013, they discovered numerous guns, approximately 20 pounds of processed marijuana packaged for resale, as well as cash, heat sealers, and other indicia of drug trafficking. Although Burgess was initially released pending trial, her bail was revoked after she violated court orders by communicating with Meyers through surreptitious telephone calls while he was detained at the Sacramento County Jail. As part of the investigation, agents also discovered a warehouse at another location, which contained approximately 490 plants in various stages of growth.
This case was the product of an investigation by the Internal Revenue Service – Criminal Investigation and the Sacramento Valley Financial Crimes Task Force, with assistance from the Pennsylvania State Police, the Drug Enforcement Administration, and the Pennsylvania, Washington County Drug Task Force. Assistant United States Attorneys Michele Beckwith, Michael D. McCoy, and Kevin Khasigian prosecuted the case.
On April 22, 2015, Judge Mueller sentenced Meyers to more than eight years in prison in the same case.
Seventeen indicted for bank fraud conspiracyRead the Press Release
Seventeen people were indicted in federal court for their roles in a $165,000 conspiracy to pass fraudulent checks and then withdrew the money, sometimes at a Cleveland casino.
All 17 people are charged in count 1 of the 34-count superseding indictment with conspiracy to commit bank fraud. The defendants, who are from Cleveland unless otherwise noted, are: Devinne P. Hollie, 29; Sade Philpott, 29; Shanita Hollie, 28; Ahmerr Ellis 19; Calvin McPherson, 31; Asia McPherson, 30; Tavio Jack 21; Earl Walker 26; Matthew Johnson 28; Eddie Stacy 56; Darren Shea-Ron 23; Jeffrey Tate, 37, of Euclid; Marnetta McPherson, 35; Chad M. Mason 22; John T. Wilder, 34; Anthony L. McPherson, 56; and Thiotis A. Greene 31, of Garfield Heights.
The remaining counts charge various defendants with individual counts of bank fraud.
The Hollies and Philpott were previously indicted for their roles in the conspiracy.
That trio, acting with the other 14 defendants, engaged in a check-kiting scheme in which they fraudulently obtained funds from financial institutions by depositing multiple counterfeit and forged checks into co-conspirators’ bank accounts, according to the indictment.
They then withdrew the proceeds from those accounts at ATMs, through debit card purchases, and by making withdrawals at a local casino, according to the indictment.
“This group passed bad checks and stole from banks,” said U.S. Attorney Steven M. Dettelbach. “They may be trading their time at a glitzy casino for the comforts of a federal prison.”
“These women believed they had found a shortcut to put money in their pockets and now they will have to pay for their criminal behavior,” said Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland office. “The FBI will continue this investigation in order to bring all individuals involved in this group to justice.”
“The Ohio Casino Control Commission is tasked with protecting the integrity of casino gaming in Ohio,” stated John Barron, OCCC Deputy Executive Director and General Counsel. “In fulfilling this constitutional duty, the Commission was able to identify numerous fraudulent transactions by several individuals and, with the investigative resources of the FBI and the support of the United States Attorney’s Office, a joint investigation which began seven months ago is an example of the type of cases that can be prosecuted by Federal, State, and Local Law Enforcement when working together. These individuals are now being held responsible for their illegal actions.”
In most instances, the Hollies and Philpott found a co-conspirator who was willing and able to open a checking account at a bank. Once these co-conspirators obtained debit cards and PINs for the accounts, they passed these items on to the Hollies and/or Phipott, who then deposited forged and counterfeit checks into the bank accounts. These deposits typically occurred late at night or in the early morning hours, when the banks were closed and could not detect that the checks were counterfeit and forged, according to the indictment.
The defendants would then often meet at the Horseshoe Casino in downtown Cleveland, where they would use Total Rewards Cards from the casino linked to their bank accounts to make large scale cash withdrawals from the casino’s cage, according to the indictment.
The Hollies, Philpott and the other defendants made deposits of counterfeit and forged checks on approximately 31 different occasions. The false and fraudulent deposits totaled approximately $165,000, and the banks lost approximately of $120,000.
If convicted, the defendants’ sentences will be determined by the court after review of the factors unique to this case, including the defendants’ prior criminal records, the defendants’ roles in the offense and the characteristics of the criminal conduct. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case is being prosecuted by Assistant U.S. Attorneys Om Kakani and Carmen Brown, following an investigation by the Federal Bureau of Investigation, with assistance from the Ohio Casino Control Commission.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove the defendant guilty beyond a reasonable doubt.
Scranton Man Charged with Receiving and Distributing Child PornographyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a criminal Information was filed today charging a Scranton man with receiving and distributing child pornography.
According to United States Attorney Peter Smith, the Information alleges that Marc Accardi, age 42, used a cell phone and a computer to download and distribute images of child pornography during March through May 2015.
The charge stems from an investigation by agents of Homeland Security Investigations with assistance from the Pennsylvania State Police.
If convicted, Accardi faces a mandatory minimum sentence of 15 years in prison and a potential maximum sentence of 40 years in prison.
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."
Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 40 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Schuylkill Federal Correctional Institution Inmate Charged in the Assault of Corrections OfficerRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania, announced today that a Criminal Indictment was returned yesterday by a federal grand jury sitting in Scranton charging federal prison inmate Darian Tensley, age 37, with allegedly assaulting a federal corrections officer at the Schuylkill Federal Correctional Institution in August of 2013, causing bodily injury. This is the second of two unrelated cases involving Schuylkill to be indicted by the grand jury.
The investigation was conducted by the Federal Bureau of Investigation (FBI). The case is assigned to Assistant United States Attorney Todd K. Hinkley.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 20 years of imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Rochester Man Sentenced on Gun and Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Willie R. Wynn, 49, of Rochester, NY, who was convicted of possession of heroin with intent to distribute and possession of a firearm while being a previously convicted felon, was sentenced to 24 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Charles E. Moynihan who handled the case, stated that on September 24, 2014, Rochester Police officers were investigating a stolen bicycle report which had occurred in the area of Franklin Street and Pleasant Street in Rochester. During the investigation, officers encountered Wynn near the Eastman School of Music at the intersection of East Main Street and Gibbs Street. Because the defendant matched the description given to the police of the person who took the bicycle, officers attempted to stop and speak with him. Wynn rode away from officers on his bicycle, forcing them to chase him. As officers caught the defendant and were taking him into custody, he fell to the ground. The officers saw a silver Cobra Enterprises CA-380, semi-automatic pistol on the ground next to Wynn’s waist. The handgun was loaded with six rounds of ammunition. Officers searched the defendant and found 20 individual bags of heroin in the pocket of his pants. Wynn was previously been convicted of Attempted Criminal Sale of a Controlled Substance in the Third Degree in 1991 and Manslaughter in the Second Degree in 1995.
The sentencing is the culmination of an investigation on the part of Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division, and the Rochester Police Department, under the direction of Chief Michael Ciminelli.
Sentencing is scheduled for June 3, 2015 at 11:00 a.m. before Judge Wolford.Rochester Man Sentenced for Producing False Military Id Cards and Making False StatementsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
ROCHESTER, N.Y. U.S. Attorney William J. Hochul, Jr. announced that Mark Alan Kelly, 55 of Rochester, NY, who was convicted of producing and using counterfeit military ID cards and making false statements to federal agents, was sentenced to three months in federal prison to be followed by 36 months supervised release by U.S. District Court Judge Frank P. Geraci. The defendant was also ordered to perform 300 hours of community service at the Rochester Veterans Outreach Center and purchase 500 American Flags, which he was ordered to place at the graves of veterans in Mt. Hope Cemetery.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that Kelly repeatedly lied about being an Officer in the United States Navy. Kelly would regularly wear Naval uniforms around town as well as to work, where he falsely told his employer that he was working at area Reserve Centers after his shift. Kelly lied about being on active duty when he rented an apartment in Rochester and received a military discount on his rent as well as other financial benefits as a result of his false statements.
Kelly’s landlord became suspicious about Kelly’s military affiliation when his first month’s rent check bounced. She also had a friend, who was a former United States Marine Corps Officer, who questioned the many ribbons and awards displayed on Kelly’s uniforms which included the Silver Star and a Bronze Star awarded for Valor. Kelly also wore Naval Flight Officer’s Wings. They confronted Kelly in June of 2014 in the presence of a Rochester Police Officer and Kelly presented a forged, but authentic looking military Common Access Card to support his false personation.
In addition to wearing a Navy uniform around town, the defendant also regularly wore full dress naval uniforms at Veterans and ceremonial events. This included a memorial for a fallen Marine killed in Afghanistan in August 2014, where Kelly presented a flag to the Marine’s parents. At today’s sentencing, Judge Geraci also ordered Kelly to write a letter of apology to the fallen Marine’s parents.
The defendant’s conduct came to the attention of the Naval Criminal Investigative Service (NCIS) who began a criminal investigation after getting a tip from the defendant’s landlord. During the investigation, NCIS Agents from Naval Weapons Station Earle traveled to Rochester to interview witnesses. In September 2014, Kelly was interviewed by NCIS Agents and he made several false material statements. Kelly lied to the agents about his status with the Navy, his rank, his dates of service, and the characterization of his discharge. Each time agents confronted Kelly about his false statements, he would change his story to try to alter the facts to mislead the agents.
At the time agents interviewed Kelly, he was wearing a naval uniform without rank insignia or ribbons. He initially claimed he liked wearing the unmarked uniform because it was comfortable. However, Agents noticed that his uniform shirt had fresh holes consistent with recent wearing of rank insignia and a rack of ribbons. When confronted, Kelly produced a rack of ribbons which he took off before meeting with the agents. The rack contained 28 ribbons including awards for service in Iraq and Afghanistan, as well as for his service in support of Operation Desert Storm and the liberation of Kuwait. Kelly also had several Navy uniforms in his apartment including a Navy Dress Blue Uniform, a Dress White Uniform, and a Digital Pattern Camouflage Uniform.
Investigators also recovered several false military ID cards in various stages of production from the defendant’s place of employment.
The sentencing is the culmination of an investigation by Special Agents of the Naval Criminal Investigative Service, under the direction of Special Agent in Charge Leo Lamont, NCIS Northeast Field Office.Rhode Island Resident Indicted for Allegedly Sex Trafficking 14-Year-Old GirlRead the Press Release
PROVIDENCE, R.I. – A federal grand jury in Providence today returned a three-count indictment charging Paul J. Monteiro, a/k/a “Peezy,” 29, of Providence, with allegedly transporting a 14-year-old Rhode Island girl to New Jersey for the purpose of engaging in commercial sexual activity. It is also alleged that Monteiro enticed the minor female to engage in sexually explicit conduct which was video recorded.
Monteiro and the minor female were located in a hotel room in Franklin Township, New Jersey, on April 6, 2015, by agents and officers from Homeland Security Investigations (HSI), the FBI and Franklin Township police. Monteiro was detained by Franklin Township police. The victim, who had been reported missing from a group home in Rhode Island in November 2014, was returned to Rhode Island.
The indictment, which charges Monteiro with one count each of sex trafficking of a minor to engage in a commercial sexual activity, interstate transportation of a minor with the intent that the minor participate in unlawful sexual activity and sexual exploitation of a child, is announced by United States Attorney Peter F. Neronha; Colonel Steven G. O’DonnellSuperintendent of the Rhode Island State Police; Bruce M. Foucart, Special Agent in Charge of HSI for New England; and Vincent B. Lisi, Special Agent in Charge of the Boston Field Office of the FBI.
According to court documents, on March 23, 2015, Rhode Island State Police detectives received information from the National Center for Missing and Exploited Children that they had received a report that a juvenile female from Rhode Island had allegedly been sexually molested by an adult male she met on Facebook and that the young teen was afraid to end the relationship due to threats of bodily harm.
According to court documents, an investigation by Rhode Island State Police identified the victim of the alleged sexual molestation as being a 14-year-old Rhode Island girl who was reported missing from a group home in Rhode Island on November 20, 2014. A Facebook friend of the missing girl told State Police that the girl had communicated to her that she had traveled to New Jersey with an individual identified as “Peezy.”
According to court documents, on April 6, 2015, Rhode Island State Police tracked a cell phone in the possession of the missing teenager to Franklin Township, New Jersey. Agents from HSI and the FBI, and police officers from Franklin Township located the missing girl and Paul Monteiro in a hotel room in Franklin Township.
Monteiro was arrested by Franklin Township police on New Jersey state charges and detained. A court authorized search of a cell phone belonging to Monteiro resulted in the discovery of a video of Monteiro allegedly involved in a sex act with the 14-year-old girl.
While speaking with the girl, an HSI agent located a Backpage.com advertisement depicting the young girl and a solicitation for male companionship. The girl later confirmed for investigators that she was the person in the picture and that Monteiro allegedly arranged for her to participate in sex acts with at least two individuals who responded to the advertisement.
A federal criminal complaint charging Monteiro with sex trafficking of a child and transporting a child with intent to engage in criminal sexual activity was issued in Rhode Island on May 1, 2015. Monteiro was returned to Rhode Island and appeared in federal court on May 29, 2015, and was ordered detained in federal custody by U.S District Court Magistrate Judge Patricia A. Sullivan.
A criminal complaint and an indictment are merely allegations and are not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Sex trafficking of a minor to engage in a commercial sexual activity and interstate transportation of a minor with the intent that the minor participate in acts of prostitution is punishable by statutory penalties of up to life imprisonment with a mandatory minimum of 10 years and a fine of up to $250,000. Sexual exploitation of a child is punishable by statutory penalty of 15 to 30 years imprisonment and a fine of up to $250,000.
The case is being prosecuted by Assistant U.S. Attorney Pamela E. Chin.
United States Attorney Peter F. Neronha acknowledges and thanks Geoffrey D. Soriano, Somerset County, New Jersey, Prosecutor, and prosecutors in his office, for their assistance in ensuring the quick return of Paul Monteiro to Rhode Island for prosecution in U.S. District Court in Providence.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Qatar Military Official and Wife Indicted by Federal Grand Jury for Allegedly Engaging in Forced LaborRead the Press Release
In San Antonio today, a federal grand jury returned an indictment against a military official from Qatar and his wife, a citizen of the United Arab Emirates, charging them with two counts of engaging in forced labor by obtaining the labor and services of two persons by means of force, threats of force, physical restraint, and threats of physical restraint, announced Acting United States Attorney Richard L. Durbin, Jr., and Special Agent in Charge James Spero, Homeland Security Investigations (HSI) in San Antonio.
According to court records, Hassan Al-Homoud and his wife, Zainab Al-Hosani, along with their children, currently reside in San Antonio while Al-Homoud is attending military training at Camp Bullis. In mid-2014, the defendants allegedly brought with them to the U.S. two females--a housemaid and a servant who have since worked for the family. The housemaid is a citizen of Indonesia; the servant is a citizen of Bangladesh. Both were in the U.S. on visas sponsored by Al-Homoud.
The defendants allegedly housed the workers in primitive conditions, restricted their ability to move or travel, and provided them with limited amounts of food. Al-Homoud and Al-Hosani withheld the payment of wages to both workers and deprived them of possession of cell phones, passports, and visas in order to restrict their liberty to move and travel and to leave their place of employment. Al-Hosani also threatened the workers with arrest and incarceration in Qatar if they failed to perform their work obligations.
The workers’ conditions were discovered by an officer of the San Antonio Police Department in early April, when he encountered one of the workers in apparent distress along Camp Bullis Rd. This led law enforcement officers to a nearby apartment occupied by the workers, furnished with only a pallet on the floor for sleeping.
On Saturday, May 30, 2015, special agents of the Department of Homeland Security, Immigration and Customs Enforcement Homeland Security Investigations (HSI), arrested the defendants in San Antonio. Both are on $100,000 bonds pending trial. No trial date has been scheduled. Each charge calls for up to 20 years in federal prison and/or a maximum fine of $250,000 upon conviction.
Assistant United States Attorney Bettina Richardson is prosecuting this case on behalf of the Government.
It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt. The defendants are considered innocent until proven guilty in a court of law.
Prior Felon from Edgewood Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Eric Wolf, 32, of Edgewood, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to violating the federal firearms laws.
Wolf was arrested on June 3, 2014, on an indictment charging him with three counts of unlawfully possessing firearms and ammunition on Jan. 8, 2014. It also charged Wolf with possessing stolen firearms from Dec. 13, 2013 through Jan. 8, 2014. At the time, Wolf was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses including forgery, receiving or transferring a stolen vehicle, possession of a controlled substance, identity theft, conspiracy to commit theft of credit card, conspiracy to commit arson and burglary.
During today’s proceedings, Wolf pled guilty to Count 3 of the indictment charging him with being a felon in possession of firearms on Jan. 8, 2014, in Santa Fe County, N.M. In his plea agreement, Wolf admitted to directing law enforcement officers to an arroyo in the vicinity of highways NM 344 and NM 14 where he had buried five stolen firearms.
At sentencing, Wolf faces a statutory maximum penalty of ten years in federal prison to be followed by a maximum of three years of supervised release. A sentencing hearing has yet to be scheduled.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Santa Fe County Sheriff’s Department and the Edgewood Police Department. Assistant U.S. Attorney David M. Walsh is prosecuting the case as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Post Falls Woman Sentenced for Selling Prescription PillsRead the Press Release
COEUR D'ALENE - Fawnie Lynn Bracamonte, 28, of Post Falls, Idaho, was sentenced today in United States District Court to 40 months in prison for selling prescription drugs, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Bracamonte to serve three years of supervised release following her prison term. Bracamonte pleaded guilty to the charge on December 8, 2014.
According to court documents, Bracamonte admitted that in 2012 and 2013 she bought prescriptions from a local doctor. She would go to different pharmacies to fill the prescriptions and then sell the pills to people. Bracamonte claimed she was addicted to pills during the time period she was selling them.
“The unlawful use and abuse of prescription medication has become an issue across the United States, and Idaho is not exempt,” said Olson. “While addiction is a difficult issue to overcome, we cannot tolerate the illegal sale of these medications by those addicted. We will continue to aggressively prosecute those who illegally sell these medications.”
The case was investigated by the Coeur d’Alene Police Department, Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), Kootenai County Sheriff, North Idaho Violent Crimes Task Force (NIVCTF) and Post Falls Police Department.
North Tonawanda Man Indicted for Making False Declarations to A Grand JuryRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that a federal grand jury returned an indictment charging David Masse, 46, of North Tonawanda, NY, with false declarations before a grand jury, obstruction of justice, and accessory after the fact. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Caleb J. Petzoldt, who is handling the case, stated that according to the indictment on November 12, 2014, the defendant was called to testify in a case involving Filip Caruso. Masse testified falsely that Caruso was not in passion of a .32 caliber revolver prior to a traffic stop on February 25, 2014 in the City of Buffalo. Filip Caruso is currently under indictment for being a felon in possession of a weapon.
Masse was arraigned before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and was released on conditions.
The indictment is the result of an investigation by the Federal Bureau of Investigation and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
North Dakota and Montana U.S. Attorneys Announce Creation of Bakken Organized Crime Strike Force in Oil PatchRead the Press Release
Federal and state law enforcement officials from North Dakota and Montana have announced the creation of the Bakken Organized Crime Strike Force. Acting U.S. Attorney Chris Myers for the District of North Dakota, U.S. Attorney Michael W. Cotter for the District of Montana joined Attorney General Wayne Stenehjem of North Dakota to announce the Strike Force. Director Bruce Ohr for the Organzied Crime Drug Enforcement Task Forces (OCDETF) was present for the announcement. The multi-agency effort is aimed at identifying, targeting and dismantling organized crime in the Bakken, including human trafficking, drug and weapons trafficking, as well as white collar crimes.
The announcement follows the 2013 creation of Project Safe Bakken, a collaborative law enforcement program in Montana and North Dakota that joins federal, state and tribal law enforcement to battle criminal activity in the Bakken. The Bakken is a vast swatch of oil-rich land spanning approximately 200,000 square miles from North Dakota to eastern Montana and north to Canada. It has resulted in dramatic influxes in the population as well as serious crimes, including the importation of pure methamphetamine from Mexico and multi-million dollar fraud and environmental crimes.
Strike force members will be based out of Bismarck, Dickinson, Minot and Williston, North Dakota, and work with designated prosecutors to staff and prosecute cases.
“The strike force will have the capability of not only dismantling local criminal organizations in the Bakken, but also to take out the national and international components of these organizations wherever they may be located,” said Acting U.S. Attorney Myers. “The strike force will take a regional approach to a regional problem, coordinating with Montana law enforcement. We value the strong partnerships already developed with Montana U.S. Attorney Mike Cotter and Montana Attorney General Tim Fox in this fight.”
In his remarks, U.S. Attorney Cotter announced that Project Safe Bakken has already resulted in 210 federal narcotic prosecutions in Montana, in addition to numerous other prosecutions involving complex financial fraud, worker endangerment and the transportation of hazardous materials.
“The Bakken’s criminal impact transcends borders and so should our law enforcement response,” said U.S. Attorney Cotter. “The strike force is a welcome addition to our existing multi-jurisdictional law enforcement efforts in the region.”
Director Ohr for OCDETF said he “fully supports the efforts being made in North Dakota and Montana to bring law enforcement agencies and prosecutors together to address the crime problems arising from the oil boom in the Bakken.”
Federal officials in Montana and North Dakota continue to expand their law enforcement presence in the region. The Federal Bureau of Investigation is building a new office in Williston. Once completed, this office will house a federally-funded Safe Streets Task Force. The Federal Bureau of Investigation has also assigned two special agents and two state agents sworn as federal agents to Sidney, Montana, to investigate crime in both Montana and North Dakota.
Nine in Custody on Illegal Firearm/Ammunition Possession ChargesRead the Press Release
CORPUS CHRISTI, Texas – A total of nine people have been taken into custody following the return of eight separate, unrelated indictments, announced U.S. Attorney Kenneth Magidson along with Robert Elder, special agent in charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
“By removing criminals involved in the illegal use of firearms and trafficking of illegal narcotics, ATF and our partner agencies have successfully shortened the power and reach of these criminals who are a scourge on the law abiding citizens of Corpus Christi and the surrounding areas,” said Elder.
Abel Martinez, 28, Eligio Mendez, 25, and Jonathan Villarreal, 22, were taken into custody today, while James Coddington, 30, was arrested yesterday. Previously in custody were Geronimo Sanchez, 34, Lee Rubalcada, 38, and Ricardo Banuelos, 40. All are residents of Corpus Christi.
All seven are charged in separate indictments alleging their illegal possession of firearms and/or ammunition.
Martinez, Mendez, Coddington and Banuelos are all charged as being felons in possession of a firearm and ammunition. Sanchez and Rubalcada are alleged to be felons in possession of ammunition and a firearm, respectively, while Villarreal is charged with possession of a sawed-off shotgun.
In a eighth separate, unrelated indictment, Gabriel Vela, 35, of Rosenberg, and Jason Garcia, 37, of El Campo, are charged with being in possession of firearms and ammunition. They were also arrested today. Vela has a prior felony conviction and Garcia has a prior conviction for domestic violence.
If convicted, each of the nine defendants face up 10 years of federal imprisonment and a possible $250,000 fine.
The charges stem from a coordinated effort known as Operation Rusty Hook conducted by ATF, FBI, U.S. Marshals Service, Homeland Security Investigations, Corpus Christi Police Department and Texas Department of Public Safety.
This cases are being prosecuted by Assistant U.S. Attorney Lance Watt.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.New York man charged with identity fraudRead the Press Release
A federal grand jury returned a three count indictment charging Daniel Persaud, 26, of Brooklyn, New York, with identity fraud, bank fraud and conspiracy to commit identity fraud, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The Wadsworth Police identified Persaud and his Ohio co-conspirator and worked in conjunction with the U.S. Secret Service in the investigation to determine the extent of the identity theft conspiracy. Persaud committed identity theft crimes throughout Ohio, Illinois and North Carolina between November 2013 and August 2014, according to the indictment.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
The investigation preceding the indictment was conducted by the U.S. Secret Service, Wadsworth Police Department, Fairlawn Police Department, Independence Police Department, Seven Hills Police Department, Medina Police Department, Strongsville Police Department, Ashland Police Department, Marion Police Department, Oak Brook Police Department from Oak Brook, Illinois, United States Postal Inspectors out of Raleigh, North Carolina, the Raleigh, North Carolina, Police Department, and Investigators from J.P. Morgan Chase Bank and Wells Fargo Bank. The case is being prosecuted by Assistant United States Attorney Teresa L. Riley.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Neenah Woman Indicted on Heroin ChargesRead the Press Release
James L. Santelle, United States Attorney for the Eastern District of Wisconsin, announced that on June 2, 2015, a federal grand jury returned a single-count indictment against Brandi Kniebes-Larsen (age: 37) of Neenah, Wisconsin, charging her with one count of conspiracy to distribute 100 grams or more of heroin in violation of Title 21, United States Code, Section 846. If convicted of this offense, and based upon her previous felony drug conviction, Ms. Kniebes-Larsen faces a mandatory minimum ten years of imprisonment and up to a life sentence, from eight years to a lifetime of supervised release, and a maximum $8 million fine.
According to the indictment, the defendant conspired with others to sell over 100 grams of heroin in the Fox Valley region.
The case was investigated by the Lake Winnebago Area Metropolitan Enforcement Group and the Winnebago County Sheriff’s Department. The case is being prosecuted by Assistant United States Attorney Daniel R. Humble.
An indictment is only a charge and not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
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Montana and North Dakota U.S. Attorneys Announce Creation of Bakken Organized Crime Strike Force in Oil PatchRead the Press Release
BISMARCK, NORTH DAKOTA – Federal and state law enforcement officials from Montana and North Dakota have announced the creation of the Bakken Organized Crime Strike Force. Montana U.S. Attorney Mike Cotter and Acting U.S. Attorney for North Dakota Chris Myers, joined North Dakota Attorney General Wayne Stenehjem to announce the Strike Force. OCDETF Director Bruce Ohr was present for the announcement. The multi-agency effort is aimed at identifying, targeting and dismantling organized crime in the Bakken, including human trafficking, drug and weapons trafficking, as well as white collar crimes.
The announcement follows the 2013 creation of Project Safe Bakken, a collaborative law enforcement program in Montana and North Dakota that joins federal, state and tribal law enforcement to battle criminal activity in the Bakken. The Bakken is a vast swatch of oil-rich land spanning approximately 200,000 square miles from North Dakota to eastern Montana and north to Canada. It has resulted in dramatic influxes in the population as well as serious crimes, including the importation of pure methamphetamine from Mexico and multi-million dollar fraud and environmental crimes.
Strike Force members will be based out of Bismarck, Dickinson, Minot and Williston, North Dakota, and work with designated prosecutors to staff and prosecute cases. “The Strike Force will have the capability of not only dismantling local criminal organizations in the Bakken, but also to take out the national and international components of these organizations wherever they may be located,” said Acting North Dakota U.S. Attorney Chris Myers. “The strike force will take a regional approach to a regional problem, coordinating with Montana law enforcement. We value the strong partnerships already developed with Montana U.S. Attorney Mike Cotter and Montana Attorney General Tim Fox in this fight,” he continued.
In his remarks, Montana U.S. Attorney Mike Cotter announced that Project Safe Bakken has already resulted in 210 federal narcotic prosecutions in Montana, in addition to numerous other prosecutions involving complex financial fraud, worker endangerment, and the transportation of hazardous materials. “The Bakken’s criminal impact transcends borders and so should our law enforcement response,” said Mike Cotter, Montana’s U.S. Attorney, “The Strike Force is a welcome addition to our existing multi-jurisdictional law enforcement efforts in the region.”
OCDETF Director Bruce Ohr said he “fully supports the efforts being made in North Dakota and Montana to bring law enforcement agencies and prosecutors together to address the crime problems arising from the oil boom in the Bakken.” Federal officials in Montana and North Dakota continue to expand their law enforcement presence in the region. The Federal Bureau of Investigation is building a new office in Williston. Once completed, this office will house a federally-funded Safe Streets Task Force. The Federal Bureau of Investigation has also assigned two special agents and two state agents sworn as federal agents to Sidney, Montana, to investigate crime in both Montana and North Dakota.
Methamphetamine Distribution Conspirators SentencedRead the Press Release
EUGENE, Ore. – Cesar Arnoldo Menjivar, 30, of Lane County, Oregon, was sentenced on Tuesday, June 2, 2015, by U.S. District Court Chief Judge Ann Aiken to a 96-month prison term for conspiracy to distribute methamphetamine. Following his release from prison, Menjivar will be on supervised release for four years. On June 3, 2015, co-conspirator William Friend, 19, was sentenced to 60 months in prison for conspiracy to distribute methamphetamine, and on January 20, 2015, co-conspirator Richard Wilson, 37, was sentenced to 60 months in prison for distribution of methamphetamine and felon in possession of a firearm.
A joint investigation by federal and local law enforcement revealed that Menjivar and his associates were distributing methamphetamine. Between December 17, 2013 and January 28, 2014, a confidential source negotiated five separate purchases of methamphetamine with Menjivar, and the drugs were delivered by William Friend, Richard Wilson and another individual.
On January 30, 2014, search warrants were executed at multiple locations. Approximately five ounces of methamphetamine, more than one ounce of heroin, packaging material, scales and a loaded pistol were located at William Friend’s residence, and a digital scale was located at Menjivar’s residence.
This case was investigated by the FBI, the DEA, the Lane County Interagency Narcotics Enforcement Team and the Eugene Police Department Special Investigations Unit. Assistant U. S. Attorneys Jeffrey Sweet and Nathan Lichvarcik prosecuted the case.
Medical Assistant Pleads Guilty to Aggravated Identity TheftRead the Press Release
LITTLE ROCK – Christopher R. Thyer, United States Attorney for the Eastern District of Arkansas, announced today that Mesha White, age 34, of Little Rock, appeared before United States District Court Judge Susan Webber Wright on June 3, 2015, and pled guilty to an indictment charging her with aggravated identity theft.
In April 2014, a federal grand jury returned a 14-count indictment charging White with seven counts of misusing a Social Security number and seven counts of aggravated identity theft. After pleading guilty to one count of aggravated identity theft the remaining counts in the indictment were dismissed. Under 18 U.S.C. § 1028A, the aggravated identity theft count carries with it a mandatory sentence of two years imprisonment with one year of supervised release to follow. Restitution will also be required.
White was formerly employed as a medical assistant at a dermatology clinic in Little Rock. The job afforded her regular access to medical files that contained sensitive, personally identifiable information such as patient dates of birth and social security numbers. Over several weeks in November and December 2012, White used this patient information to open fraudulent lines of credit through various online retailers from which she proceeded to make thousands of dollars in purchases. Law enforcement subsequently linked these fraudulent transactions to the IP address of the dermatologist’s clinic, where internal records revealed that many of the transactions had processed on dates and times when White was alone in the office.
Additional investigation uncovered that had White shipped many of the fraudulent purchases to a vacant unit in a housing complex where she formerly resided. A complex resident had observed White collect boxes left at the vacant unit’s door and depart in a blue BMW sedan, which law enforcement later traced to White’s mother. In all, White 425 West Capitol Avenue, Suite 500 (501) 340-2600 Post Office Box 1229 Little Rock, Arkansas 72203-1229 misused sensitive information belonging to thirteen different patients. Under the terms of her plea agreement, White will serve a mandatory two-year term of imprisonment, face up to three years’ of supervised release, and be compelled to make complete restitution to all victims of her offense.
White will be sentenced by Judge Wright at a later date.
The case was investigated by the Special Agents Chad Yielding and John Stump of the United States Secret Service and Detectives Karen Farley and Linda Hudson of the Little Rock Police Department. Assistant United States Attorney Alexander D. Morgan prosecuted the matter for the United States.
Massachusetts Man Charged with Conspiring to Obstruct National Security InvestigationRead the Press Release
This afternoon a federal conspiracy charge was filed against David Wright, aka Dawud Sharif Wright, aka Dawud Sharif Abdul Khaliq, 24, of Everett, Massachusetts, who has been associated with a plot to kill an unnamed target in another state. Wright was arrested last night by federal authorities and had an initial appearance today in U.S. District Court in Boston. His detention hearing is scheduled for June 19, 2015 at 2:00 p.m.
Wright is charged in a one count complaint which alleges that he conspired with now-deceased Ussamah Abdullah Rahim, 26, to obstruct a federal investigation by destroying electronic evidence on Rahim’s smartphone. Rahim was shot and killed yesterday morning after he attacked Boston Police Officers and FBI agents seeking to question him.
As alleged in the complaint affidavit, Rahim, a private security officer, was planning to engage in a violent attack in the United States, and had purchased three military-style fighting knives and a sharpener in furtherance of this plan. In intercepted calls between Wright and Rahim, the men discussed a knife attack on an unnamed individual, and suggested that the target was to be beheaded and have his/her head placed on his/her chest. According to the complaint, such beheadings are a tactic of some foreign terrorist organizations which use such killings in propaganda videos.
The affidavit also alleges that Wright and Rahim met with a third person on a beach in Rhode Island on May 31, 2015, to discuss the planned beheading.
At approximately 5:00 a.m. on June 2, 2015, law enforcement intercepted a call between Wright and Rahim, in which Rahim insisted that he could no longer wait to take action. Instead of carrying on with his plan to behead the planned out-of-state target, Rahim declared that he was going to, “go after” the “boys in blue,” here in Massachusetts, because, “it’s the easiest target.” Rather than discourage Rahim, Wright supported the plan, telling Rahim to prepare his will and to leave his possessions to a named individual. After discussing Rahim’s plan to attack police officers in Massachusetts, Wright advised Rahim to destroy his phone and all of the evidence it contained to prevent “CSI” at “the scene” from obtaining incriminating information.
According to the complaint affidavit, on June 2, 2015, law enforcement officers met with Wright after Rahim attacked officers in Boston and was shot. Wright told officers of a recent rendezvous with Rahim on a beach in Rhode Island, and of Rahim’s intention to behead a specified individual in another state. Wright indicated he agreed with Rahim’s plan and supported it.
The charging statute provides a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
This investigation is being conducted by the FBI’s Boston Field Division, Boston Police Department, Massachusetts State Police, and member agencies of the Boston Joint Terrorism Task Force, including the Bureau of Alcohol, Tobacco, Firearms and Explosives, Homeland Security Investigations, U.S. Marshals Service and others. In addition, the Everett Police Department played a critical role in the response.
This case is being prosecuted by the U.S. Attorney’s Office of the District of Massachusetts in coordination with the Justice Department’s National Security Division.
David Wright Complaint
Mason City Man Back to Federal Prison on Revocation ProceedingsRead the Press Release
A man who violated multiple terms and conditions of federal supervised release was sentenced June 1, 2015, to more than four years in federal prison.
Antione Diandre Maxwell, 27, from Mason City, Iowa, received the prison term after a June 1, 2015, revocation of supervised release hearing. Maxwell was previously convicted of conspiracy to distribute crack cocaine on August 17, 2007. Maxwell was sentenced at that time to 84 months’ imprisonment with a five-year term of supervised release.
Maxwell admitted to violating several terms of his supervised release, including but not limited to: failure to participate in substance abuse treatment; failure to obtain employment; association with persons involved in criminal activity; and possession of marijuana and cocaine with intent to deliver. The district court also found Maxwell violated the terms of his supervised release by the possession of a 9mm handgun while being a previously convicted felon.
Maxwell was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Maxwell was sentenced to 53 months’ imprisonment. The court ordered this term of imprisonment to be consecutive to the term of imprisonment he had previously been ordered to serve in the state of Iowa. He must also serve a 10-year term of supervised release after the prison term. There is no parole in the federal system. Maxwell 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 Shawn S. Wehde and investigated by the U.S. Probation Office and assisted by the North Central Iowa Narcotics Task Force and Mason City, Iowa Police Department.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 07-3004.
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Marshall County man convicted of oxycodone trafficking, bank fraudRead the Press Release
WHEELING, WEST VIRGINIA – Christopher Michael Previtera, 48, of Proctor, West Virginia, was convicted of oxycodone trafficking and bank fraud in federal court, United States Attorney William J. Ihlenfeld, II, announced today.
Previtera, who owned and operated an automotive services business in Wetzel County, West Virginia, pled guilty to two separate criminal Informations. In doing so he admitted that throughout 2014 and 2015, he conspired with other individuals to possess and distribute oxycodone in Marshall and Wetzel Counties. He also acknowledged to committing fraud in connection with a loan that he obtained in order to finance the purchase of his business.He faces up to thirty years in prison for the bank fraud conviction, and up to twenty years for the drug conspiracy conviction. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Previtera has agreed to forfeit his interest in multiple firearms, $15,070 in United States currency, real property, a 2007 Dodge Ram truck, various John Deere lawn care machinery, and various equipment and inventory related to the automotive services business. Previtera will also be required to pay money judgments in the amount of $145,000 in the drug trafficking case and $91,522.74 in the bank fraud case.
Assistant U.S. Attorney Jarod Douglas prosecuted the case on behalf of the government. The Federal Deposit Insurance Corporation investigated the bank fraud charges. The West Virginia State Police, the Drug Enforcement Administration, and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the drug trafficking charges.
Senior U.S. District Judge Frederick P. Stamp presided.Manhattan U.S. Attorney Settles Civil Rights Lawsuit Alleging Discriminatory Service Animal Policy at Largest Cooperative Development in the United StatesRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, Vanita Gupta, Principal Deputy Assistant Attorney General for the Civil Rights Division of the United States Department of Justice, and Gustavo Velasquez, the U.S. Department of Housing and Urban Development Assistant Secretary for Fair Housing and Equal Opportunity (“HUD”), announced today that the United States has simultaneously filed and settled a civil rights lawsuit against RIVERBAY Corporation (“RIVERBAY”), otherwise known as “Co-op City,” the largest affordable housing cooperative in the United States, alleging that RIVERBAY failed to provide reasonable accommodations to people who require service or assistance animals. Specifically, the lawsuit alleges that RIVERBAY maintains and employs an overly burdensome and intrusive policy governing waivers to its no-pets rule, which has deterred and prevented persons with disabilities from obtaining reasonable accommodations, in violation of the federal Fair Housing Act (“FHA”). The consent decree was approved yesterday by U.S. District Court Judge Caproni.
U.S. Attorney Preet Bharara said: “Housing providers must allow for reasonable accommodations to qualified individuals with disabilities, including granting requests to keep assistance or service animals. Today’s settlement benefits all those who require or may someday require a service or assistance animal, as it ensures that RiverBay will implement a reasonable accommodation policy consistent with the Fair Housing Act and that people who were unlawfully denied full use of their residences will be compensated appropriately. We thank RiverBay for its cooperation in improving housing accessibility for all of its residents and in providing for a more caring and compassionate environment for Bronx residents.”
Deputy Assistant Attorney General Gupta said: “Assistance animals provide vital support and therapeutic benefits for persons with disabilities. This significant settlement underscores the department’s commitment to ensuring that housing providers make reasonable accommodations for individuals who rely on assistance animals to use and enjoy their homes.”
Assistant Secretary Velasquez said: “Housing providers have a legal obligation to grant people with disabilities the reasonable accommodations they need. Thanks to this settlement, RiverBay residents who need assistance animals or other accommodations will now be able to fully enjoy their homes.”
According to the complaint filed in federal court:
RIVERBAY, located in the Bronx, New York, is the owner and operator of the largest affordable housing cooperative in the United States, with approximately 15,372 residential units and 60,000 residents. RIVERBAY has used an unlawful policy governing waivers to its no-pets rule to deny accommodation requests of persons with disabilities, and has engaged in a pattern or practice of discrimination toward persons with disabilities who request accommodations to its no-pets rule. Specifically, until December 2011, when RIVERBAY amended its policy and application governing reasonable accommodations, RIVERBAY’s application for requesting a reasonable accommodation to its no-pets rule consisted of five forms (including one required to be completed only in blue ink and another required to be typewritten), prohibited certain breeds of dogs, required animals to be neutered or spayed, imposed annual renewal requirements and required the applicant to provide his or her medical records. In December 2011 and again in July 2014, RIVERBAY amended its reasonable accommodation policy, but left in place many of the provisions in the first policy, including a prohibition against certain breeds of animals, a prohibition which RIVERBAY could waive based only on an applicant’s “medical need” for that particular breed.
Moreover, between 1995 and 2014, the Secretary of HUD, the New York State Division of Housing and Community Renewal and the New York City Commission on Human Rights received and investigated multiple complaints about RIVERBAY’s practices concerning reasonable accommodation requests. HUD issued three separate charges of discrimination against RIVERBAY and participated in two administrative hearings before an administrative law judge (ALJ) concerning RIVERBAY’s reasonable accommodation policy. In each proceeding, the ALJ determined that RIVERBAY had violated the FHA. In addition, between January 2005 and November 2011, RIVERBAY denied 28 out of 42 requests for reasonable accommodations to its no-pets rule; another two individuals did not complete the application process.
Under the consent decree approved today, RIVERBAY will adopt the reasonable accommodation policy regarding assistance animals that is included in the consent decree.
In addition, RIVERBAY has agreed to pay a civil penalty of up to $50,000, and to dedicate as much as $600,000 to compensate people who have been harmed by inadequate accessibility at Co-op City.
Under the settlement, a person may be entitled to receive monetary compensation if he or she was a resident of RIVERBAY, or associated with a resident of RIVERBAY, and was:
- prevented or discouraged from requesting to keep an assistance animal;
- denied a request to keep an assistance animal; or
- harassed or otherwise interfered with after requesting to keep an assistance animal.
Individuals who wish to make a claim for discrimination concerning Co-op City on the basis of disability, or with any information about persons who may have such a claim, can contact the U.S. Attorney’s Office for the Southern District of New York by phone at (212) 637-2800, by fax at (212) 637-2702, online at www.justice.gov/usao/nys/civilrights, or write to:
United States Attorney’s Office, Southern District of New York
Attn: Civil Rights Unit
86 Chambers Street
New York, New York 10007
Individuals with a disability who believe that they are being discriminated against by their housing provider, may contact the Fair Housing and Equal Opportunity Office, Department of Housing & Urban Development, 26 Federal Plaza, Room 3532, New York, New York, 10278-0068 and at (800) 496-4294.
This case is being handled by the U.S. Attorney’s Office for the Southern District of New York’s Civil Rights Unit. Assistant U.S. Attorney for the Southern District of New York Ellen Blain is in charge of the case.
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Man Sentenced for Anthrax and Ricin Hoax LettersRead the Press Release
UTICA, NEW YORK – A man who previously pled guilty to mailing letters falsely claiming to contain deadly anthrax or ricin was sentenced today in U. S. District Court in Utica. Brian D. Norton, 60, of Cicero, NY, was sentenced to thirty-three (33) months in prison, to be followed by a term of three (3) years on supervised release, according to U.S. Attorney Richard S. Hartunian and Andrew W. Vale, Special Agent in Charge, FBI – Albany Division. The sentence was in connection with the series of 21 or more death threat letters the defendant mailed to individuals, businesses, law enforcement groups, schools, and public officials from November 1997 through December of 2011.
Norton’s plea agreement included his admission that he had written the letters and that all but one had contained a white powder, which he falsely claimed was anthrax or ricin. The letters were sent to Bishop Ludden Junior-Senior High School, Lemoyne College, federal law enforcement and intelligence agencies in Washington, D.C. and elsewhere. Norton also sent letters to United States Senator John McCain (R-Arizona), former Congresswoman Ann Marie Buerkle (R-NY 25th), then U.S. Secretary of Defense Robert Gates, veterans’ and military organizations, and several private individuals who work in the public media.
"This conviction reflects the sustained efforts of prosecutors and federal agents working together over a long period to bring the defendant to justice. Starting with little more than anonymous letters, we investigated, charged and convicted the defendant of this crime, which is an offense that by its nature caused understandable fear and concern to many victims. The sentence imposed today represents some measure of justice for them," said United States Attorney Richard S. Hartunian.
"Mailing letters threatening imminent death and containing unknown substances is a serious crime that results in the use of precious law enforcement resources," said Special Agent in Charge, Andrew W. Vale. "Threatening letters, whether or not they are a hoax, will be thoroughly investigated by the FBI and our law enforcement partners."
The sentencing today is the culmination of a long-term, nationwide investigation by Special Agents of the Federal Bureau of Investigation ("FBI") Syracuse Resident Office assisted by the FBI Laboratory in Quantico, Virginia, and the U.S. Postal Inspection Service (Syracuse). The case was prosecuted by Assistant U. S. Attorney Stephen C. Green of the U.S. Attorney’s Office for the Northern District of New York, Syracuse. Further questions may be directed to Executive Assistant U.S. Attorney John Duncan at 315-448-0672.
Maine man charged with providing drugs to federal inmateRead the Press Release
A federal grand jury returned a one-count indictment charging Kasey J. Crouse, 25, Lewiston, Maine, with providing contraband to an inmate, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The indictment alleges that on or about May 23, 2014, Crouse provided prohibited objects - five suboxone strips containing buprenorphine, a Schedule III narcotic drug, to an inmate in FCI Elkton, Elkton, Ohio.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
The investigation preceding the indictment was conducted by the Federal Bureau of Investigation and the Federal Bureau of Prisons. The matter is being prosecuted by Assistant United States Attorney David M. Toepfer.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Logan man admits to lying in attempt to retrieve pawned gunsRead the Press Release
CHARLESTON, W.Va. – United States Attorney Booth Goodwin today announced that a Logan County man pleaded guilty to making a false statement in connection with the acquisition of firearms. Brian Keith Conley, 42, of Logan, admitted that he lied when attempting to retrieve three firearms he pawned at a local pawn shop.
Conley admitted that on October 29, 2014, in connection with attempting to retrieve the firearms, he completed a required federal form on which he claimed he had never been convicted of a misdemeanor crime of domestic violence. In fact, Conley knew he had previously been convicted in Logan County Magistrate Court of the misdemeanor crime of domestic battery. Conley was unable to retrieve the guns from the pawn shop, and law enforcement was alerted to Conley’s possession and subsequent attempt to retrieve the firearms.
Conley faces up to 5 years’ imprisonment when he is sentenced on September 1, 2015. United States District Judge John T. Copenhaver, Jr. is presiding over the case.
The United States Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant United States Attorney C. Haley Bunn handled the prosecution.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by working with existing local programs that target gun crime.
Lillie Mae Eubank Pleads Guilty for Role in Murder of Her Husband, an Active Duty Member of the Army, for Proceeds of Life Insurance PolicyRead the Press Release
SAVANNAH, GA –LILLIE MAE EUBANK, 40, of Fort Stewart, Georgia, pled guilty today to conspiracy to commit murder for hire in connection with the murder of her husband, United States Army Specialist John Joseph Eubank. EUBANK’s brother, CARL EVAN SWAIN, was previously convicted by a jury of various offenses related to the murder of Specialist Eubank, and received multiple sentences of life imprisonment without possibility of parole. EUBANK pled guilty before the Honorable William T. Moore, Jr., Judge for the United States District Court for the Southern District of Georgia, who also presided over SWAIN’s trial and sentencing hearing.
According to evidence presented at SWAIN’s trial and sentencing, and evidence presented during EUBANK’s guilty plea hearing, EUBANK plotted the murder of her husband for months in order to obtain and split a $400,000 life insurance policy and a $100,000 death gratuity benefit payable to EUBANK upon Specialist Eubank’s death. As part of their plan, EUBANK agreed to pay Swain $160,000 for killing Specialist Eubank.
Evidence recovered from EUBANK’s own cellular telephone established how she and SWAIN planned the murder of Specialist Eubank for months. Telephone records and text messages showed EUBANK and SWAIN discussed possible locations for the murder, various methods to commit the murder, and even included internet searches conducted by EUBANK about poisons that EUBANK might use to kill her husband that are undetectable in an autopsy.
On November 30, 2013, at approximately 5:00 p.m., EUBANK and SWAIN executed their plan when they lured Specialist Eubank into the woods at Holbrook Pond on Ft. Stewart to go “animal tracking.” While in the woods, SWAIN attacked Specialist Eubank with a heavy wooden bat and crushed Specialist Eubank’s skull, causing massive injuries to his brain. EUBANK watched SWAIN bludgeon her husband to death, and waited in a getaway car a short distance away.
EUBANK and SWAIN left Specialist Eubank on the ground, with no identification and no cellular telephone, choking on his own blood. Other members of the United States Army, visiting Holbrook Pond with their families, found Specialist Eubank in the woods and heroically attempted life-saving measures, but Specialist Eubank died about one hour later at Winn Army Community Hospital. A later autopsy revealed that Specialist Eubank suffered massive fractures to his jaw and skull; multiple brain injuries; a broken hyoid bone and other injuries to the neck. Specialist Eubank had no defensive wounds on his body.
Shortly after the murder of Specialist Eubank, EUBANK was interviewed, and confessed to her role in the murder of her husband. Among other things, EUBANK admitted that she hired SWAIN to kill her husband in order to obtain the life insurance and death gratuity money.
As part of EUBANK’s plea agreement, EUBANK waived her right to appeal, and now faces a mandatory sentence of life imprisonment without possibility of parole. There is no parole in the federal system.
The conviction and sentence of SWAIN, and conviction of EUBANK, resulted from a joint investigation by the Federal Bureau of Investigation and the United States Army Criminal Investigation Division.
United States Attorney Edward J. Tarver commended the work of the Federal Bureau of Investigation and Assistant United States Attorneys Brian T. Rafferty and Jennifer G. Solari for their expert investigation and prosecution of the case on behalf of the United States. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
Lawyer with Jersey City, New Jersey, Practice Charged with Structuring Cash DepositsRead the Press Release
NEWARK, N.J. – A lawyer who practiced in Jersey City, New Jersey, appeared in federal court today to face charges that he structured approximately $800,000 in cash to avoid reporting the income to the IRS, U.S. Attorney Paul J. Fishman announced.
Magdy Fouad Anise, a/k/a “Michael Anise,” 51, of Aberdeen, New Jersey, is charged in an indictment with one count of structuring cash transactions to avoid reporting requirements and one count of structuring more than $100,000. He appeared this morning before U.S. District Judge William H. Walls in Newark federal court.
According to the indictment:
Anise was an attorney at Anise & Anise, Attorneys at Law, located in Jersey City. From 2009 through 2011, Anise allegedly received cash kickbacks from doctors and others in exchange for personal-injury client referrals. In lieu of cash, Anise asked a doctor who gave him kickbacks to pay him with gold bars, give money to Anise’s church and pay Anise’s mortgage.
From 2009 through 2012, Anise accumulated approximately $800,000 in cash, including cash from the kickback scheme. During that time, Anise allegedly made cash deposits into five different bank accounts that he controlled in amounts less than $10,000, the amount that would have triggered the filing of a currency transaction report (CTR) with the IRS.
CTR forms require disclosure of the identity of the individual who conducted the transaction and the individual or organization for whom the transaction was completed. Many individuals involved in illegal activities are aware of these reporting requirements and take active steps to cause financial institutions not to file CTRs in order to avoid detection of the movement of large amounts of U.S. currency. These steps are referred to as “structuring” and involve making multiple cash deposits or withdrawals in amounts of $10,000 or less on the same day or consecutive days in order to avoid CTR filings.
The charge of structuring cash transactions to avoid reporting requirements carries a maximum potential penalty of five years in prison and a $250,000 fine. The charge of structuring more than $100,000 carries a maximum potential penalty of 10 years in prison and a $250,000 fine.
U.S. Attorney Fishman credited special agents of Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Newark Division, under the direction of Acting Special Agent in Charge Kevin Kelly, for the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Lakshmi Srinivasan Herman of the U.S. Attorney’s Office Economic Crimes Unit in Newark.
The charges and allegations contained in the indictment are merely accusations, and the defendant is considered innocent unless and until proven guilty.
Defense Counsel: Assistant Federal Public Defender Lisa Mack, Esq., Newark
Las Cruces Man Pleads Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Joshua Almaguer, 33, of Las Cruces, N.M., pled guilty this morning in Las Cruces federal court to methamphetamine trafficking charges. Under the terms of his plea agreement, Almaguer will be sentenced to ten years in federal prison followed by a term of supervised release to be determined by the court.
Almaguer is one of three residents of Las Cruces who were charged in a four-count indictment that was filed in June 2014. Almaguer and co-defendant David Enriquez, 27, were arrested in Aug. 2014; their co-defendant Renelle Serna, 24, previously had been arrested in July 2014. The indictment charged the trio with trafficking methamphetamine in Doña Ana County, N.M., in May 2014.
During today’s proceedings, Almaguer pled guilty to two counts of distributing methamphetamine in May 2014. In entering his guilty plea, Almaguer admitted that he and his co-defendants distributed approximately 42 grams of methamphetamine to an undercover agent on May 20, 2014.
Serna pled guilty on Jan. 6, 2014, to a felony information charging her with two counts of distributing methamphetamine and two counts of possession of more than 50 grams of methamphetamine with intent to distribute. In entering her guilty plea, Serna admitted that she and her co-defendants distributed methamphetamine to an undercover agent on two occasions on May 20, 0214. The first distribution involved 14 grams of methamphetamine and the second involved 28 grams. Serna also admitted that she possessed 146 grams of methamphetamine on May 23, 2014, and 134.6 grams of methamphetamine on July 25, 2014, with the intention of distributing the drugs to others.
On Feb. 4, 2015, Enriquez pled guilty to Counts 1 and 2 of the indictment charging him with distributing methamphetamine on two occasions in May 2014. In entering his guilty plea, Enriquez admitted distributing a gram of methamphetamine to an undercover agent on May 9, 2014. Enriquez also admitted that he and his co-defendants distributed 14 grams of methamphetamine to an undercover agent on May 20, 2014.
At sentencing, Enriquez faces a statutory maximum penalty of 20 years in prison, and Serna faces a minimum of five years and a maximum of 40 years in prison. All three defendants remain in federal custody pending their sentencing hearings which have yet to be scheduled.
This case was investigated by the Las Cruces office of the FBI and the HIDTA Regional Interagency Drug Task Force (RIDTF)/Metro Narcotics Task Force. The case is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
The HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department and the Doña Ana County Sheriff’s Office. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Lampe Man Sentenced to 20 Years in Prison for Child PornRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Lampe, Mo., man was sentenced in federal court today for producing child pornography and for receiving and distributing child pornography over the Internet.
Jeffrey D. Manley, 38, of Lampe, was sentenced by U.S. District Judge Brian C. Wimes to 20 years in federal prison without parole. The court also sentenced Manley to a lifetime of supervised release following incarceration.
On Sept. 10, 2014, Manley pleaded guilty to using a minor to produce child pornography and to receiving and distributing child pornography from Nov. 1, 2012, to Feb. 26, 2013.
In January 2013, law enforcement authorities identified Manley’s computer as using peer-to-peer file-sharing software to download child pornography over the Internet and to make child pornography available to other users. Officers executed a search warrant at Manley’s residence and seized computers, cell phones and other items. Investigators found child pornography on Manley’s laptop computer. Investigators also discovered a video of child pornography on Manley’s cell phone that he had taken while engaged in sexual acts with a minor victim.
This case was prosecuted by Assistant U.S. Attorney James J. Kelleher. It was investigated by the Nixa, Mo., Police Department, the Stone County, Mo., Sheriff’s Department, the Tri-lakes Cybercrime Task Force and Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).
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."
Lake Charles woman pleads guilty to role in methamphetamine distribution conspiracyRead the Press Release
LAKE CHARLES, La. – United States Attorney Stephanie A. Finley announced that a Lake Charles woman pleaded guilty Tuesday to her role in a methamphetamine distribution conspiracy.
Sandra Lynette Smith, 48, of Lake Charles, entered a conditional guilty plea to one count of conspiracy to distribute or possess with intent to distribute controlled dangerous substances before U.S. Magistrate Judge Kathleen Kay. The plea will become final when accepted by U.S. District Judge Patricia Minaldi. According to evidence presented at the guilty plea, law enforcement agents identified Smith and Chumphai Bob Mireles as traffickers of methamphetamine. Smith told a cooperating witness that Mireles was going to make a purchase in July of 2014. Law enforcement agents followed Mireles to Houston where he bought methamphetamine from Michael Wayne Giese. Agents arrested Mireles as he traveled back to Louisiana. Smith was questioned and said that Mireles would meet Giese once or twice a week to make purchases, and they would sell the drugs after he returned.
Smith face up to 20 years in prison, three years supervised release, and a $1 million fine. A sentencing date of October 19, 2015 was set. The trial for Mireles and Giese is set to start June 15, 2015.
Homeland Security Investigations and the Calcasieu Parish Combined Anti-Drug Task Force conducted the investigation. Assistant U.S. Attorney Robert C. Abendroth is prosecuting the case.
KC Woman Sentenced for Embezzling $366,000 from ClientRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that an employee for a Kansas City, Mo., accounting firm has been sentenced in federal court for embezzling more than $366,000 from one of the firm’s clients.
Julie A. Hughes, 45, of Kansas City, Mo., was sentenced by U.S. District Judge Dean Whipple on Tuesday, June 2, 2015, to two years and six months in federal prison without parole. The court also ordered Hughes to pay $425,250 in restitution.
On Feb. 12, 2015, Hughes pleaded guilty to receiving stolen money that had crossed state lines and to making a false statement on a tax return.
Hughes worked as an accountant for Professional Accounting Systems. As part of her job, Hughes was assigned to prepare and distribute payroll for Pathfinder Systems, a client of the firm. Hughes embezzled $366,453 from Pathfinder Systems by directing payroll to a fictional employee she created on a bank account she controlled. Hughes conducted 167 fraudulent transactions from October 2011 to November 2013 and transferred most of the funds to other bank accounts she controlled for her personal use.
According to court documents, a bookkeeper found discrepancies in bookkeeping records in November 2013 and brought them to the attention of the company’s president. They showed the discrepancies to the company’s owner and Hughes, who appeared nervous and could not answer questions as to where the money had gone. Hughes was confronted by the owner about the missing money again on a later date, and she admitted to stealing from the company’s client, Pathfinder Systems. Her employer repaid Pathfinder Systems. He reported that her thefts had a significant impact on his small business.
Hughes also admitted that she did not report the embezzled money as income on her federal income tax returns, resulting in a tax loss to the government of $58,797.
This case was prosecuted by Assistant U.S. Attorney Kate Mahoney. It was investigated by IRS-Criminal Investigation and the U.S. Secret Service.
Justice Department settles with school district to desegregate Ruston elementary school classroomsRead the Press Release
MONROE, La. – The Justice Department has announced that the U.S. District Court of the Western District of Louisiana yesterday approved a court-ordered agreement with the Lincoln Parish School Board to desegregate classrooms at four elementary schools serving students in grades kindergarten through fifth in Ruston, La. The department and the board jointly filed the consent order, after an investigation by the United States found significant racial isolation in the elementary school classrooms (called homerooms) within the Ruston attendance zone.
Under the consent order, the board will implement the following changes at the four elementary schools in Ruston:
- assign students to homerooms so that the percentage of black and white students in each homeroom reflects the percentage of black and white students in each grade level at each school;
- refrain from grouping students into homerooms based on students’ perceived abilities and ensure that students of all academic levels are assigned to each homeroom;
- ensure that no homeroom class has more than forty percent special education inclusion students; and
- if the board chooses to continue operating the Advanced Learning Academy (“ALA”) program, it will transform the ALA program into a school-wide, racially diverse enrichment program designed to develop the gifts and talents of all students.
The consent order is part of a longstanding desegregation case monitored and enforced by the United States. In reviewing the board’s compliance with previous orders on student assignment, the department concluded that the board was engaged in a variety of practices that contributed to the racial isolation in the elementary school homerooms. These practices include the board’s use of ability grouping and the manner in which the board implemented its special education inclusion and ALA programs.
“We commend the Lincoln Parish School Board’s commitment to resolve this case by addressing the racial isolation in its elementary school homerooms in Ruston,” said Principal Deputy Assistant Attorney General Vanita Gupta of the Civil Rights Division. “This consent order reinforces the Civil Rights Division’s steadfast commitment to ensuring that all students have access to equal educational opportunities, regardless of race or color.”
“This order is a significant step for the Lincoln Parish School Board toward achieving the goals of desegregation and equal access to education for all students,” said U.S. Attorney Stephanie A. Finley of the Western District of Louisiana. “We look forward to continuing to work with the Board to ensure that these changes are successfully implemented.”
lincoln_parish_consent_order.pdf (388.36 KB)
Upon full implementation of the consent order, the board may seek court approval to dismiss the desegregation case in the area of student assignment in December 2016.
Promoting school desegregation and enforcing Title IV of the Civil Rights Act of 1964 is a top priority of the Justice Department’s Civil Rights Division. Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt.
Justice Department Settles with School District to Desegregate Elementary School Classrooms in Ruston, LouisianaRead the Press Release
The Justice Department has announced that the United States District Court of the Western District of Louisiana yesterday approved a court-ordered agreement with the Lincoln Parish School Board to desegregate classrooms at four elementary schools serving students in grades K-5 in Ruston, Louisiana. The department and the board jointly filed the consent order, after an investigation by the United States found significant racial isolation in the elementary school classrooms (called homerooms) within the Ruston attendance zone.
Under the consent order, the board will implement the following changes at the four elementary schools in Ruston:
- assign students to homerooms so that the percentage of black and white students in each homeroom reflects the percentage of black and white students in each grade level at each school;
- refrain from grouping students into homerooms based on students’ perceived abilities and ensure that students of all academic levels are assigned to each homeroom;
- ensure that no homeroom class has more than forty percent special education inclusion students; and
- if the board chooses to continue operating the Advanced Learning Academy (“ALA”) program, it will transform the ALA program into a school-wide, racially diverse enrichment program designed to develop the gifts and talents of all students.
The consent order is part of a longstanding desegregation case monitored and enforced by the United States. In reviewing the board’s compliance with previous orders on student assignment, the department concluded that the board was engaged in a variety of practices that contributed to the racial isolation in the elementary school homerooms. These practices include the board’s use of ability grouping and the manner in which the board implemented its special education inclusion and ALA programs.
“We commend the Lincoln Parish School Board’s commitment to resolve this case by addressing the racial isolation in its elementary school homerooms in Ruston,” said Principal Deputy Assistant Attorney General Vanita Gupta of the Civil Rights Division. “This consent order reinforces the Civil Rights Division’s steadfast commitment to ensuring that all students have access to equal educational opportunities, regardless of race or color.”
“This order is a significant step for the Lincoln Parish School Board toward achieving the goals of desegregation and equal access to education for all students,” said U.S. Attorney Stephanie A. Finley of the Western District of Louisiana. “We look forward to continuing to work with the Board to ensure that these changes are successfully implemented.”
Upon full implementation of the consent order, the board may seek court approval to dismiss the desegregation case in the area of student assignment in December 2016.
Promoting school desegregation and enforcing Title IV of the Civil Rights Act of 1964 is a top priority of the Justice Department’s Civil Rights Division. Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt.
Iowa Man Arrested for Making Threats Targeting Boston-Based Islamic Cultural CenterRead the Press Release
BOSTON – An Iowa man was arrested today on charges of threatening to shoot and kill Muslims by posting threats on the Facebook page of an Islamic organization in Boston.
Gerald Wayne Ledford, 57, of Clinton, Iowa, was charged in a criminal complaint with transmitting in interstate or foreign commerce a communication containing a threat to injure the person of another. The complaint was filed on June 1, and was unsealed today following Ledford’s arrest in Clinton, Iowa. He is expected to have his initial appearance today in Iowa, and to appear again in Boston on June 24, 2015 at 2:15 p.m.
The complaint alleges that on Oct.19, 2014, Ledford threatened the Islamic Society of Boston Cultural Center (ISBCC), a cultural center that offers a mosque and a variety of educational, spiritual, and social services to Muslims in New England. The complaint alleges that Ledford posted two threats on the ISBCC’s Facebook page. One post threatened, “Mohamed was a child rapist .a murderer and molester.you all will go to hell with you’re father satan..we will destroy you here and in your’re s**t hole countrys.” The second post consisted of a photograph of a man bearing a long gun with the caption, “This is for you.followers of the piece of s**t Mohamed …” The complaint further alleges that Ledford intended these posts to threaten the ISBCC and its members and that they were actually interpreted that way.
Although the complaint alleges that the charged threats were posted on the Facebook page of the ISBCC as the intended target, the complaint also alleges that Ledford’s own Facebook page contains additional relevant posts. For example, on or about Oct. 22, 2014, apparently reacting to news reports of shootings by a recent convert to Islam in Canada, Ledford allegedly posted, “Why can't the American and Canadian gov's just admit that a person with Islamic tendencies be called a Islamic terrorist!!” In another example, on Feb. 13, 2015, apparently reacting to news reports about the murder of three Muslim students of the University of North Carolina, Ledford allegedly posted, “Wow a white man kills three islamists and it’s a hate crime?Good job brother! [aggressive emoticon] Now we only have to take 999999 more of there innocent people!!! An eye for a eye,!!!”
The charging statute provides a sentence of no greater than five years in prison, three years of supervised release, and a fine of $250,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz and Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation’s Boston Field Division, made the announcement today. The case is being prosecuted by Assistant U.S. Attorneys S. Theodore Merritt and Scott L. Garland of Ortiz’s Civil Rights Enforcement Team.
The details contained in the criminal complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
INTERPOL issues Red Notices for former FIFA officials and executives wanted by US authoritiesRead the Press Release
LYON, France – At the request of US authorities, INTERPOL Red Notices – or international wanted persons alerts – have been issued for two former FIFA officials and four corporate executives for charges including racketeering, conspiracy and corruption.
The Red Notices have been issued for;
Jack Warner, Trinidad & Tobago national, former FIFA vice president and executive committee member, CONCACAF president, CFU president and Trinidad and Tobago Football Federation (TTFF) special adviser.
Nicolás Leoz, Paraguayan national, former FIFA executive committee member and CONMEBOL president.
Alejandro Burzaco, Argentine national, controlling principal of Torneos y Competencias S.A., a sports marketing business based in Argentina, and its affiliates.
Hugo Jinkis and Mariano Jinkis, Argentine nationals, controlling principals of Full Play Group S.A., a sports marketing business based in Argentina, and its affiliates.
José Margulies (also known as José Lazaro), Brazilian national, controlling principal of Valente Corp. and Somerton Ltd., broadcasting businesses.
Red Notices are one of the ways in which INTERPOL informs its member countries that an arrest warrant has been issued for an individual by a judicial authority and seeks the location and arrest of wanted persons with a view to extradition or similar lawful action.
The individuals concerned are wanted by national jurisdictions and INTERPOL’s role is to assist national police forces in identifying or locating those individuals with a view to their arrest and extradition.
A Red Notice is not an international arrest warrant, and INTERPOL cannot compel any member country to arrest the subject of a Red Notice.
INTERPOL’s General Secretariat does not send officers to arrest individuals who are the subject of a Red Notice. Only the law enforcement authorities of the INTERPOL member country where the individual is located have the legal authority to make an arrest.
Houston Man Heads to Federal Prison for Sex Trafficking of ChildrenRead the Press Release
HOUSTON – Dominique Howard aka “Lucci,” 25, has been handed a 14-year sentence for his conviction of trafficking children under 18 for commercial sex, announced U.S. Attorney Kenneth Magidson. Howard pleaded guilty March 26, 2014.
Today, U.S. District Judge Keith Ellison handed Howard a sentence of 168 months in federal prison to be immediately followed by 10 years of supervised release, during which time he will have to comply with numerous requirements designed to restrict his access to children and the Internet. He will also be required to register as a sex offender. Additional information was presented today including that Howard had prostituted at least three minor victims during this time frame as well as adult victims.
Howard admitted that during parts of 2013, he used force, fraud or coercion to cause at least one minor girl under age 18 to engage in commercial sex acts. He took the victim from Colorado and transported her to Texas, without her prior knowledge. Upon arrival, the victim was photographed and the pictures were posted in online ads for prostitution. While in Texas, the minor victim was forced to engage in “two-girl specials” with other victims even though she did not want to do so. Howard gave the minor victim drugs and alcohol and kept all of the monies she earned. Howard also kept the her cell phone and told her that all of her phone calls would have to go through him. Despite requests by the minor victim to be taken back to Colorado, Howard continued to prostitute her and refused to take her home.
He will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
An investigation by the Houston FBI Innocence Lost Task Force, which includes such agencies as the Houston Police Department, developed this case using statements from victims as well as on line advertisements for the victims’ services and hotel records from several hotels.
This case, prosecuted by Assistant United States Attorney Julie N. Searle and Sherri L. Zack, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation 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."
Honduran National Sentenced for Violations of the Federal Gun Control ActRead the Press Release
U.S. Attorney Kenneth A. Polite announced that DENNIS NUNEZ-LACAYO, age 28, a citizen of Honduras, was sentenced today after previously pleading guilty to a one-count Indictment for violations of the Federal Gun Control Act.
U.S. District Judge Susie Morgan sentenced NUNEZ-LACAYO to serve 13 months imprisonment, followed by 1 year of supervised release. Following incarceration, NUNEZ-LACAYO will be surrendered to the custody of the U.S. Immigration & Customs Enforcement for removal proceedings.
According to court documents, on or about June 4, 2014, NUNEZ-LACAYO, an alien present illegally in the United States, was found in possession of a firearm.
U.S. Attorney Polite praised the work of the Homeland Security Investigations of the U.S. Department of Homeland Security, in investigating this matter. Assistant United States Attorney Spiro G. Latsis was in charge of the prosecution.
Honduran National Pleads Guilty to Illegally ReentryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that CHARLES ADONAY-LAINES, age 23, a citizen of Honduras, pled guilty today to a one-count Indictment for illegal reentry of a removed alien previously convicted of an aggravated felony.
According to the Indictment, on or about April 12, 2015, ADONAY-LAINES was found in the United States after having been officially deported on or about October 13, 2013, following a conviction for being an illegal alien in possession of a firearm.
ADONAY-LAINES faces a maximum term of imprisonment of twenty years and a fine of $250,000, one year supervised release after imprisonment, and a $100 special assessment. U.S. District Judge Martin L.C. Feldman set sentencing for September 30, 2015.
U.S. Attorney Polite praised the work of the United States Department of Homeland Security, U.S. Border Patrol in investigating this matter. Assistant United States Attorney Irene González is in charge of the prosecution.
Charles Adonay-Laines Factual Basis (953.11 KB)
Grand Jury Charges Kankakee County Man with Bank Fraud Related to Construction LoansRead the Press Release
Springfield, Ill. – A federal grand jury has indicted a Bourbonnais, Ill., man, Daniel Ballard, 56, on charges of bank fraud in an indictment returned yesterday. The U.S. Clerk of the Court will issue a summons to Ballard to appear for arraignment in federal court in Urbana.
The three-count indictment alleges that Ballard obtained a construction loan in December 2009, in the amount of $260,000, to build a residence at 3013 Stone Fence Drive in Bourbonnais. As part of the fraud scheme, and to allegedly obtain money from the bank to build the residence on Stone Fence Drive, Ballard obtained additional construction loans to build or remodel buildings on other properties he owned in Bradley, Ill.: 411 N. Center; 248 N. Center; and 471 N. Grand. An explicit term of the construction loan disbursing agreement required that work for which Ballard was requesting payment be completed before the bank would disburse funds to the title company.
From December 2009 to May 2012, as part of the scheme to defraud, Ballard allegedly falsely stated or caused others to falsely state in documents submitted to the title company that costs had been incurred for labor and / or materials for construction at the Bradley, Ill., properties. In fact, the indictment alleges the costs of labor and materials were substantially below the amount represented or were not furnished to the Bradley properties at all. As a result, the bank was allegedly exposed to a loss of more than $400,000.
If convicted, each count of bank fraud carries a penalty of up to 30 years in prison and a fine of up to $250,000.
The charges are the result of investigation by the Federal Deposit Insurance Corporation (FDIC) Office of Inspector General. Assistant U.S. Attorney Eugene M. Miller is prosecuting the case.
Members of the public are reminded that an indictment is merely an accusation; the defendant is presumed innocent unless proven guilty.
Four People Arrested and Charged in Cross-Country Insider Trading SchemeRead the Press Release
The owner and operator of a stock trading operation and three of his associates were arrested today on charges arising from their alleged participation in a multi-year insider trading scheme that netted more than $3.2 million in illicit profits, announced today by U.S. Attorney Paul J. Fishman for the District of New Jersey.
Steven Fishoff, 58, of Westlake Village, California, Ronald Chernin, 66, of Oak Park, California, Steven Costantin aka Steven Constantin, 54, of Farmingdale, New Jersey, and Paul Petrello, 53, of Boca Raton, Florida, are each charged by complaint with one count of conspiracy to commit securities fraud. Fishoff is charged with four substantive counts of securities fraud, Chernin and Petrello are each charged with two counts of securities fraud and Costantin is charged with one count of securities fraud.
The defendants were arrested by FBI agents this morning at their respective residences. Costantin is scheduled to appear this afternoon before U.S. Magistrate Judge Joseph A. Dickson in Newark, New Jersey, federal court. Fishoff is scheduled to appear before U.S. Magistrate Judge Kenly Kiya Kato in Riverside, California, federal court, Chernin is scheduled to appear before U.S. Magistrate Judge Carla Woehrle in Los Angeles, Californina, federal court, and Petrello is expected to appear before U.S. Magistrate Judge Dave Lee Brannon in West Palm Beach, Florida, federal court.
“The defendants and their associates were entrusted with confidential, nonpublic information about companies and time and time again, they allegedly violated that trust by illegally trading the companies’ stock for substantial profits,” said U.S. Attorney Fishman. “They allegedly rigged the game so they would always win, and their profits came at the expense of legitimate investors, who were not privy to this inside information.”
“Insider trading is an investigative priority of the FBI,” said Special Agent in Charge Richard M. Frankel for the FBI in Newark, New Jersey. “The FBI is committed to stopping insider trading and will hold those who perpetrate these schemes accountable because their illegal activities undermine the integrity of the U.S. financial markets and weaken investor confidence.”
“We allege an insider trading scheme based on a short-selling business model designed to systematically profit on confidential information obtained under false pretenses,” said Senior Associate Director Sanjay Wadhwa for Enforcement in the SEC’s Regional Office in New York. “But the defendants’ short selling proved to be short-sighted as they overlooked the fact that their trading patterns would be detected and they would be caught by law enforcement.”
According to the complaint unsealed today, Fishoff, Chernin, Costantin, Petrello and others, acting individually and through their associated trading entities, engaged in an insider trading scheme in which they netted more than $3.2 million in illicit profits over three years by executing illegal trades through trading entities that they controlled.
Fishoff is the president and sole owner of Featherwood Capital Inc. (Featherwood), a trading entity that he operates out of his home. Featherwood maintained numerous stock trading accounts in its own name and in various additional names under which Featherwood did business (DBAs), including Gold Coast Total Return Inc. (Gold Coast), Seaside Capital Inc. (Seaside) and Data Complete Inc. (Data Complete).
Chernin, an attorney who was disbarred in California for misappropriation of client assets, is a friend and longtime business associate of Fishoff. Corporate documents list Chernin as the president of Gold Coast and Fishoff as an officer. Chernin is president of the trading entity Cedar Lane Enterprises Inc. (Cedar Lane) and an officer of Data Complete.
Costantin, a former pipefitter by trade, is Fishoff’s brother-in-law and a friend and business associate of Chernin. Corporate documents list Costanstin as president of Seaside. In brokerage account documents, Fishoff identifies himself as Seaside’s owner. Costanstin is also the vice president and secretary of Cedar Lane.
Petrello is the president and owner of two trading entities, Brielle Properties Inc. and Oceanview Property Management LLC and a friend and longtime business associate of Fishoff.
On numerous occasions, the conspirators obtained material, nonpublic information related to publicly traded companies and traded on that information before it became public. Between June 2010 and July 2013, Fishoff, Chernin, Costantin and a business associate referred to in the complaint as “Trader A” expressed interest in participating in at least 14 stock offerings by publicly traded companies. Before providing these individuals with confidential information concerning the companies or the terms of the proposed sales, the investment bankers first required that Fishoff, Chernin, Costantin, Trader A and their associated trading entities, agree to be “brought over the wall,” or “wall-crossed,” standard industry terms which meant that they were required to keep the information disclosed to them confidential and could not buy or sell the stock based on the information.
Fishoff, Chernin, Costantin and Trader A agreed to these disclosure and trading restrictions and then flagrantly breached the agreements. In instances where Fishoff was not personally wall-crossed in an offering, Chernin and Costantin tipped Fishoff telephonically or by email about the offering prior to the public announcement. Even where Fishoff ostensibly was a party to the confidentiality agreement, through his affiliation with the wall-crossed trading entity, Fishoff himself breached the agreement by trading on the confidential information and by providing the information to Petrello so that Petrello could engage in parallel trading. There were also instances where Chernin and Costantin violated the terms of the confidentiality agreements by trading themselves before the offering. The conspirators traded through the accounts of the trading entities or through related accounts that they controlled. The conspirators shared the proceeds of the insider trading scheme, with Fishoff wiring money to Chernin and Costantin for their services and Fishoff receiving compensation from Petrello for the offering-related tips that Fishoff provided to him.
The conspiracy count with which each defendant is charged carries a maximum potential penalty of five years in prison and a $250,000 fine, or twice the aggregate loss to victims or gain to the defendants. Each of the substantive securities fraud charges carry a maximum penalty of 20 years in prison and a $5 million fine.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Frankel, for the investigation leading to today’s arrests and complaint. He also thanked the U.S. Securities and Exchange Commission’s New York Regional Office under the direction of Andrew Calamari. He also thanked special agents of the FBI, Los Angeles (Ventura Resident Agency and Riverside Resident Agency) and FBI, Miami (West Palm Beach Resident Agency) for their assistance.
The government is represented by Assistant U.S. Attorneys Shirley U. Emehelu of the Economic Crimes Unit of the U.S. Attorney’s Office in Newark, New Jersey and Acting Chief Barbara Ward for the of the Office’s Asset Forfeiture and Money Laundering Unit.
The charges and allegations contained in the complaint are merely accusations and the defendants are presumed innocent unless and until proven guilty.
This case was brought in coordination with President Barack Obama’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. Attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed nearly 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,900 mortgage fraud defendants. For more information on the task force, please visit www.stopfraud.gov
Four People Arrested and Charged in Cross-Country Insider Trading SchemeRead the Press Release
Illegally Traded on Inside Information in Violation of Confidentiality Agreements, Netting More Than $3.2 Million During Three-Year Scheme
NEWARK, N.J. - The owner and operator of a stock trading operation and three of his associates were arrested today on charges arising from their alleged participation in a multi-year insider trading scheme that netted more than $3.2 million in illicit profits, New Jersey U.S. Attorney Paul J. Fishman announced.
Steven Fishoff, 58, of Westlake Village, California; Ronald Chernin, 66, of Oak Park, California; Steven Costantin (a/k/a Steven Constantin), 54, of Farmingdale, New Jersey; and Paul Petrello, 53; of Boca Raton, Florida, are each charged by complaint with one count of conspiracy to commit securities fraud. Fishoff is charged with four substantive counts of securities fraud, Chernin and Petrello are each charged with two counts of securities fraud, and Costantin is charged with one count of securities fraud.
The defendants were arrested by FBI agents this morning at their respective residences. Costantin is scheduled to appear this afternoon before U.S. Magistrate Judge Joseph A. Dickson in Newark federal court. Fishoff is scheduled to appear before U.S. Magistrate Judge Kenly Kiya Kato in Riverside, California, federal court; Chernin is scheduled to appear before U.S. Magistrate Judge Carla Woehrle in Los Angeles federal court, and Petrello is expected to appear before U.S. Magistrate Judge Dave Lee Brannon in West Palm Beach, Florida, federal court.
“The defendants and their associates were entrusted with confidential, nonpublic information about companies, and, time and time again, they allegedly violated that trust by illegally trading the companies’ stock for substantial profits,” U.S. Attorney Fishman said. “They allegedly rigged the game so they would always win, and their profits came at the expense of legitimate investors, who were not privy to this inside information.”
FBI Special Agent in Charge, Newark, Richard M. Frankel stated: “Insider trading is an investigative priority of the FBI. The FBI is committed to stopping insider trading and will hold those who perpetrate these schemes accountable because their illegal activities undermine the integrity of the U.S. financial markets and weaken investor confidence.”
“We allege an insider trading scheme based on a short-selling business model designed to systematically profit on confidential information obtained under false pretenses,” said Sanjay Wadhwa, Senior Associate Director for Enforcement in the SEC’s New York Regional Office. “But the defendants’ short selling proved to be short-sighted as they overlooked the fact that their trading patterns would be detected and they would be caught by law enforcement.”
According to the complaint unsealed today:
Fishoff, Chernin, Costantin, Petrello, and others, acting individually and through their associated trading entities, engaged in an insider trading scheme in which they netted more than $3.2 million in illicit profits over three years by executing illegal trades through trading entities that they controlled.
Fishoff is the president and sole owner of Featherwood Capital Inc. (Featherwood), a trading entity that he operates out of his home. Featherwood maintained numerous stock trading accounts in its own name and in various additional names under which Featherwood did business (DBAs), including Gold Coast Total Return Inc. (Gold Coast), Seaside Capital Inc. (Seaside), and Data Complete Inc. (Data Complete).
Chernin, an attorney who was disbarred in California for misappropriation of client assets, is a friend and longtime business associate of Fishoff. Corporate documents list Chernin as the president of Gold Coast and Fishoff as an officer. Chernin is president of the trading entity Cedar Lane Enterprises Inc. (Cedar Lane) and an officer of Data Complete.
Costantin, a former pipefitter by trade, is Fishoff’s brother-in-law and a friend and business associate of Chernin. Corporate documents list Costanstin as president of Seaside. In brokerage account documents, Fishoff identifies himself as Seaside’s owner. Costanstin is also the vice president and secretary of Cedar Lane.
Petrello is the president and owner of two trading entities: Brielle Properties Inc. and Oceanview Property Management LLC, and a friend and longtime business associate of Fishoff.
On numerous occasions, the conspirators obtained material, nonpublic information related to publicly traded companies and traded on that information before it became public. Between June 2010 and July 2013, Fishoff, Chernin, Costantin, and a business associate referred to in the complaint as “Trader A” expressed interest in participating in at least 14 stock offerings by publicly traded companies. Before providing these individuals with confidential information concerning the companies or the terms of the proposed sales, the investment bankers first required that Fishoff, Chernin, Costantin, Trader A, and their associated trading entities, agree to be “brought over the wall,” or “wall-crossed,” standard industry terms which meant that they were required to keep the information disclosed to them confidential and could not buy or sell the stock based on the information.
Fishoff, Chernin, Costantin, and Trader A agreed to these disclosure and trading restrictions and then flagrantly breached the agreements. In instances where Fishoff was not personally wall-crossed in an offering, Chernin and Costantin tipped Fishoff telephonically or by email about the offering prior to the public announcement. Even where Fishoff ostensibly was a party to the confidentiality agreement, through his affiliation with the wall-crossed trading entity, Fishoff himself breached the agreement by trading on the confidential information and by providing the information to Petrello so that Petrello could engage in parallel trading. There were also instances where Chernin and Costantin violated the terms of the confidentiality agreements by trading themselves before the offering. The conspirators traded through the accounts of the trading entities or through related accounts that they controlled. The conspirators shared the proceeds of the insider trading scheme, with Fishoff wiring money to Chernin and Costantin for their services, and Fishoff receiving compensation from Petrello for the offering-related tips that Fishoff provided to him.
The conspiracy count with which each defendant is charged carries a maximum potential penalty of five years in prison and a $250,000 fine, or twice the aggregate loss to victims or gain to the defendants. Each of the substantive securities fraud charges carry a maximum penalty of 20 years in prison and a $5 million fine.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Richard M. Frankel in Newark, for the investigation leading to today’s arrests and complaint. He also thanked the U.S. Securities and Exchange Commission’s New York Regional Office under the direction of Andrew Calamari. He also thanked special agents of the FBI, Los Angeles (Ventura Resident Agency and Riverside Resident Agency) and FBI, Miami (West Palm Beach Resident Agency) for their assistance.
The government is represented by Assistant U.S. Attorneys Shirley U. Emehelu of the Economic Crimes Unit of the U.S. Attorney’s Office in Newark, Sarah Devlin of the Office’s Asset Forfeiture and Money Laundering Unit and Barbara Ward, Acting Chief of the of the Office’s Asset Forfeiture and Money Laundering Unit.
The charges and allegations contained in the complaint are merely accusations and the defendants are presumed innocent unless and until proven guilty.
This case was brought in coordination with President Barack Obama’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. Attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed nearly 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,900 mortgage fraud defendants. For more information on the task force, please visit www.stopfraud.gov.
Former U.S. Penitentiary Guard Sentenced for Smuggling Contraband into the Federal Prison in AtlantaRead the Press Release
ATLANTA - Dirk Antonious Engram, Jr., has been sentenced to federal prison for taking bribes to smuggle contraband into U.S. Penitentiary-Atlanta while he worked there as a corrections officer. He admitted that he charged $500 every time he smuggled cigarettes, marijuana, or other contraband into the prison for inmates.
“Corrupt corrections officers compromise prison safety while they profit from the underground economy that unfortunately exists in prison,” said Acting U.S. Attorney John Horn. “Prison is supposed to be a place where the controls are strong enough that additional crime is impossible, but this breaks down instantly when the officers themselves participate in the corruption.”
“The sentencing of Mr. Engram marks the end of his career as a federal corrections officer and the beginning of his time as a federal inmate,” said J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office. “The FBI will continue to vigorously investigate all allegations of corruption within this or other correctional facilities as part of the overall effort to ensure safety and order for both inmates and staff at these facilities.”
According to Acting U.S. Attorney Horn, the charges, and other information presented in court: In November 2013, Engram began working as a corrections officer at U.S. Penitentiary-Atlanta, a medium-security prison with approximately 2,000 male inmates. In 2014, Engram began smuggling contraband into the prison for inmates who befriended him. Engram charged $500 each time that he smuggled cigarettes, marijuana, or other contraband into the prison.
He was arrested on September 11, 2014, by agents with the FBI after he accepted a bribe to smuggle what he believed was heroin into the penitentiary.
Dirk Antonious Engram, Jr., 27, of Atlanta, was sentenced to two years, four months in prison to be followed by three years of supervised release. Engram pleaded guilty to the charges on March 24, 2015.
This case was investigated by the FBI.
Assistant United States Attorney William G. Traynor prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division is http://www.justice.gov/usao-ndga.
Former Sycamore Resident Sentenced to 97 Months in Federal Prison for Possessing Child PornographyRead the Press Release
ROCKFORD — A former Sycamore, Ill. resident was sentenced today by U.S. District Judge Frederick J. Kapala for possessing child pornography. MICHAEL PODOLSKY, 27, now of Elkader, Iowa, who pled guilty to the charge on January 27, 2015, was sentenced to 97 months imprisonment, to be followed by 5 years of supervised release. In his written plea agreement, Podolsky admitted that on and prior to July 12, 2013, he owned and was in possession of a computer at his home in Sycamore that contained more than 600 images of children engaged in sexually explicit conduct, and that among the images he possessed were images that depicted prepubescent minors engaged in sadistic conduct and violence.
The sentencing was announced today by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; Robert J. Holley, Special Agent‑in‑Charge of the Chicago Office of the Federal Bureau of Investigation; and Glenn Theriault, Chief of the Sycamore Police Department.
The government was represented by Assistant United States Attorney Michael D. Love.
Former Internal Revenue Service Employee Pleads Guilty to Charges Related to a Wire Fraud and Identity Theft SchemeRead the Press Release
In Austin today, 57-year-old former Internal Revenue Service employee Kenneth Goheen of Austin pleaded guilty to federal charges in connection with a stolen identity refund fraud scheme announced Acting United States Attorney Richard L. Durbin, Jr., Internal Revenue Service-Criminal Investigation (IRS-CI) Special Agent in Charge William Cotter, and U.S. Treasury Inspector General for Tax Administration (TIGTA) Special Agent in Charge Ruben Florez, Dallas Field Division
Appearing before United States Magistrate Judge Andrew Austin, Goheen pleaded guilty to one count of wire fraud and one count of aggravated identity theft. By pleading guilty, Goheen, a former Tax Examining Technician, admitted that he wrongfully obtained identification information from Individual Tax Identification Number (ITIN) applicants and used it to file more than 50 fraudulent tax returns between March 2013 and January 2015. Goheen collected over $120,000 in refunds based on those fraudulent tax returns.
As a result of his guilty plea, Goheen faces up to 20 years in federal prison for wire fraud and a mandatory two years in federal prison for aggravated identity theft. Sentencing is expected to occur later this year in front of United States District Judge Lee Yeakel.
This case was investigated by the Internal Revenue Service-Criminal Investigation (IRS-CI) and the U.S. Treasury Inspector General for Tax Administration (TIGTA). Assistant United States Attorney Matt Harding is prosecuting this case on behalf of the Government.
Former Garland, Texas, Man Sentenced to Eight Months in Federal Prison for Aiming a Laser Pointer at HelicopterRead the Press Release
DALLAS — A former resident of Garland, Texas, who pleaded guilty earlier this year to an indictment charging one count of aiming a laser pointer at an aircraft, was sentenced today, announced John Parker, Acting U.S. Attorney for the Northern District of Texas.
Steven Alexander Chavez, Jr., 23, was sentenced by Chief U.S. District Judge Jorge A. Solis to eight months in federal prison.
According to documents filed in the case, in August 2013, Chavez knowingly aimed the beam of a laser at a Texas Department of Public Safety (DPS) helicopter. Chavez aimed the laser at the helicopter from the backyard of a friend, while the helicopter was flying overhead.
A few days later, special agents with the FBI arrested Chavez in Lubbock, Texas, where he had recently relocated from Garland. Following his initial court appearance, he was released on bond.
The FBI, Texas DPS and Garland Police Department investigated. Special Assistant U.S. Attorney Lara Burns prosecuted.
Former Federal Pretrial Services Employee Admits to Willfully Violating a Court Order Sealing an IndictmentRead the Press Release
Greenbelt, Maryland – Michelle Lee Davis, age 37, of Laurel, Maryland pleaded guilty today to criminal contempt.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; and Assistant Special Agent in Charge Gary Tuggle of the Drug Enforcement Administration, Baltimore District Office.
Davis was an employee of the U.S. Probation and Pretrial Services for the District of Maryland from February 1998 to October 2014. In recent years, including in April 2014, Davis served as an administrative technician with the Pretrial Services office in Greenbelt, in which she conducted record and criminal history checks of new defendants, scheduled initial appearances with a U.S. magistrate judge, and opened and closed files related to defendants on pretrial release.
According to her plea agreement, on March 24, 2014 a magistrate judge ordered the sealing of an indictment that charged two defendants with a drug conspiracy. The initial appearance of one of the charged defendants was held on April 15, 2014, at which time Davis learned of the defendant’s identity. Davis did not disclose to her supervisors or colleagues that she knew the defendant. During two telephone conversations that day, Davis disobeyed and resisted the court order sealing the indictment by disclosing the existence and details of the sealed indictment and the identity of the defendant charged in the sealed indictment, to an acquaintance of Davis and the defendant.
U.S. District Judge Peter J. Messitte has scheduled sentencing for September 18, 2015 at 9:30 a.m., at which time Davis faces a sentence of a fine or imprisonment, or both, within the court’s discretion.
United States Attorney Rod J. Rosenstein commended the FBI and DEA for their work in the investigation. Mr. Rosenstein praised the U.S. Probation and Pretrial Services for their assistance in the investigation, and thanked Assistant U.S. Attorneys Kelly O. Hayes and Arun G. Rao, who are prosecuting the case.
Former Corprate President Sentenced for Conspiring to Smuggle Magnesium Powder into the United StatesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Charles Wright, 64, of Ellwood City, Pennsylvania, who was convicted of conspiring to smuggle merchandise into the United States, was sentenced to time served and two years supervised release by Senior U.S. District Judge William M. Skretny. The defendant was also ordered to pay $1,933,999 in restitution. Wright has also forfeited $75,000.Assistant U.S. Attorney Michael DiGiacomo who handled the case, stated that the defendant was the president of ESM Group, Inc., a specialty metal powders supplier. While president Wright sought to expand ESM's customer base to include the defense industry. In order to do so the defendant, entered into an agreement with Superior Metal Powders Inc., whereby Superior Metal Powders was to obtain and Market on behalf ESM Group Inc., this special form of magnesium powder.
At the time, the United States had a 305.56% antidumping duty in place with respect to the type of Magnesium powder Superior Metal Powders was importing on behalf of ESM Group, Inc. While the agreement between ESM and Superior Metal Powders was in place the defendant learned the Magnesium powder Superior Metal Powders was obtaining on behalf of ESM Group Inc., from China was being imported in a manner that avoided the 305.56% anti-dumping duty. After learning of this fact, Wright still authorized additional shipments of the Magnesium Powder knowing they were being imported in violation of the anti-dumping duty. The total amount of lost duty to the United States from January 2005 through May of 2005 was approximately $1,933,999.
The magnesium powder was used to produce countermeasure flares which are used by the Department of Defense in military aircraft to divert heat-seeking missiles.
In April 2010, Wright, Gregory Magness, Justin Magness, William Nehill, and Eldon Bott were charged with participating in a conspiracy to import Chinese magnesium into the United States. All defendants now stand convicted.
The sentencing is the culmination of an investigation on the part of the Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero, the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge, and the Department of Defense Criminal Investigative Service, under the direction of Edward T. Bradley, Special Agent in Charge, Northeast Field Office.
Federal Authorities Prosecute Passport OffensesRead the Press Release
SAN FRANCISCO – Federal authorities continue to devote resources to investigating and prosecuting federal passport offenses, announced United States Attorney Melinda Haag and U.S. Department of State, Diplomatic Security Service Special Agent in Charge David Zebley.
Illustrative of the cases being pursued are the following 12 cases, each of which involves a defendant accused or convicted of misrepresenting their identity on applications for United States passports or committing related offenses in violation of either 18 U.S.C. § 1542, false statement in application for a passport, or 18 U.S.C. § 1028, fraud in connection with identification documents:
CONVICTED:
Trinidad Campos Castro, of King City, Calif., was convicted of applying for a United States passport using another person’s birth certificate and related Social Security Administration benefit fraud. Castro was sentenced to eight months of imprisonment in September, 2014, and was ordered to repay $25,641 in restitution to the Social Security Administration.
Erick Jimenez, formerly of San Rafael, Calif., was convicted of applying for a United States passport and falsely stating that he was born in the United States. Jimenez was sentenced to eight months of imprisonment and three years of supervised release in October, 2014.
Jesus Sanchez Bastidas, formerly of Santa Rosa, Calif., was convicted of applying for a United States passport and falsely stating that he was born in the United States. Bastidas was sentenced to five months of imprisonment and three years of supervised release in October, 2014.
Richard Emmett Monroe, of Windsor, Calif., was convicted of applying for a United States passport and falsely stating his name. Monroe was sentenced to nine months of imprisonment and one year of supervised release in December, 2014.
Jamall Robinson, a/k/a Shakir Bey, formerly of Oakland, Calif., was convicted of conspiring to falsely state his name on an application for a United States passport. Robinson was arrested in January, 2015. Robinson’s scheduled sentencing is set for 9:30 a.m. on June 5, 2015, in front of the Honorable John S. Tigar, United States District Judge, in Oakland.
Neil Kennedy Lockhart, of Oakland, Calif., was convicted of applying for a United States passport and falsely stating he was born in the United States. Lockhart’s sentencing is scheduled for 11:00 a.m., September 4, 2015, before the Honorable Susan Illston, United States District Judge, in San Francisco.
Martha Lidia Donado, of Richmond, Calif., was convicted of possessing a falsely issued United States passport that she obtained by providing biographical information belonging to another person. Donado was sentenced to three years of probation in April, 2015, and she is responsible to pay restitution to the Social Security Administration in the amount of $40,131.00 for benefits she received under the false identity.
CHARGED (Please note, charges described in this document contain only allegations and, as with all defendants, the defendants in the cases listed below must be presumed innocent unless and until proven guilty.):
Maria Elena Hernandez-Garcia, of Salinas, Calif., is alleged to have applied for a United States passport and falsely stated she was born in the United States. Hernandez-Garcia was arrested in February, 2014, but fled after being released on bail in December, 2014. Hernandez-Garcia remains a fugitive.
Laureano Ayala Pulido, of Sunnyvale, Calif., is alleged to have applied for a United States passport and to have made several false statements, including that he was born in the United States. Pulido was arrested in January, 2015, but fled after being released on bail. Pulido remains a fugitive.
Rogelio Salazar, of Salinas, Calif., is alleged to have applied for a passport using a false birth certificate and driver’s license. Salazar was arrested in July, 2014, and his case remains in progress. Salazar’s next scheduled appearance is set for 1:30 p.m. on June 15, 2015 before the Honorable Edwards Davila, United States District Judge, in San Jose.
Arturo Preciado, of San Jose, Calif., is alleged to have applied for a United States passport using a false identity. Preciado made an initial appearance in March, 2015, and his case remains in progress. Preciado’s next scheduled appearance is set for 9:30 a.m. on July 1, 2015, beforethe Honorable Lucy H. Koh, United States District Judge, in San Jose.
Alejandro Musso Cortes, of San Jose, Calif., is alleged to have applied for a United States passport and falsely stated his name and Social Security Number. Cortes was arrested in April, 2015, and his case remains in progress. Cortes’ next scheduled appearance is set for 9:30 a.m. on June 3, 2015, in front of the Honorable Lucy Koh, United States District Court Judge, in San Francisco
These defendants are part of more than 265 Bay Area residents who have been charged with false passport related offenses since 2007. The prosecutions are the result of ongoing investigations by the Diplomatic Security Service.
Anyone with information about false or fraudulently issued passports or entry visas, or the whereabouts of the above fugitives, is encouraged to contact the Diplomatic Security Service at (415) 705-1176.
Everett Man Charged with Conspiring to Obstruct National Security InvestigationRead the Press Release
Boston – This afternoon the United States Attorney’s Office in Boston filed a federal conspiracy charge against a 25 year old Everett man who has been associated with a plot to kill an unnamed target in another state. David Wright a/k/a Dawud Sharif Wright a/k/a Dawud Sharif Abdul Khaliq, was arrested last night by federal authorities and had an initial appearance today in U.S. District Court in Boston. His detention hearing is scheduled for June 19, 2015 at 2:00 p.m.
Wright is charged in a one count complaint which alleges that he conspired with now-deceased Ussamah Abdullah Rahim to obstruct a federal investigation by destroying electronic evidence on Rahim’s smartphone. Rahim was shot and killed yesterday morning after he attacked Boston Police Officers and FBI agents seeking to question him.
As alleged in the complaint affidavit, Rahim, a 26-year-old private security officer, was planning to engage in a violent attack in the United States, and had purchased three military-style fighting knives and a sharpener in furtherance of this plan. In intercepted calls between Wright and Rahim, the men discussed a knife attack on an individual not named in the complaint, and suggested that the target was to be beheaded and have his/her head placed on his/her chest. According to the complaint, such beheadings are a tactic of some foreign terrorist organizations which use such killings in propaganda videos.
The affidavit also alleges that Wright and Rahim met with a third person on a beach in Rhode Island on May 31, 2015, to discuss the planned beheading.
At approximately 5:00 am on June 2, 2015, law enforcement intercepted a call between Wright and Rahim, in which Rahim insisted that he could no longer wait to take action. Instead of carrying on with his plan to behead the planned out-of-state target, Rahim declared that he was going to, “go after” the “boys in blue,” here in Massachusetts, because, “it’s the easiest target.” Rather than discourage Rahim, Wright supported the plan, telling Rahim to prepare his will and to leave his possessions to a named individual. After discussing Rahim’s plan to attack police officers in Massachusetts, Wright advised Rahim to destroy his phone and all of the evidence it contained to prevent “CSI” at “the scene” from obtaining incriminating information.
According to the complaint affidavit, on June 2, 2015, law enforcement officers met with Wright after Rahim attacked officers in Boston and was shot. Wright told officers of a recent rendezvous with Rahim on a beach in Rhode Island, and of Rahim’s intention to behead a specified individual in another state. Wright indicated he agreed with Rahim’s plan and supported it.
The charging statute provides a sentence of no greater than five years in prison, three years of supervised release, and a fine of $250,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
This investigation is being conducted by the FBI’s Boston Field Division, Boston Police Department, Massachusetts State Police, and member agencies of the Boston Joint Terrorism Task Force, including the U.S. Customs and Border Protection, Bureau of Alcohol, Tobacco, Firearms and Explosives, Homeland Security Investigations, U.S. Marshals Service and others. In addition, the Everett Police Department played a critical role in the response.
This case is being prosecuted by the U.S. Attorney’s Office for the District of Massachusetts’s Anti-Terrorism and National Security Unit in coordination with the Department of Justice’s National Security Division.