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Tuesday 12 May 2015
Justice Department Secures Statewide Training for Law Enforcement on Interacting with Persons with Intellectual or Developmental DisabilitiesRead the Press Release
Today, the Justice Department announced that, under a settlement agreement with the United States, the state of Tennessee is launching a training program available to all law enforcement personnel in Tennessee on effective interactions with people who have intellectual or developmental disabilities. The training, developed by Tennessee’s Department of Intellectual and Developmental Disabilities (DIDD), helps law enforcement officers communicate effectively with people who have disabilities and their families in order to improve the safety and effectiveness of those interactions and to enhance community policing efforts. DIDD has posted the training materials on its website and will present the materials at a statewide conference of law enforcement training officers later this month.
DIDD developed the training as part of a court-approved exit plan that resolves long running litigation between the United States and Tennessee concerning care for people with intellectual and developmental disabilities. The lawsuit will continue during DIDD’s performance of other exit plan provisions.
“We applaud the state’s efforts to ensure that law enforcement officers engage safely and effectively with people who have intellectual or developmental disabilities and their families,” said Principal Deputy Assistant Attorney General Vanita Gupta of the Civil Rights Division. “This initiative is good for those people, for officers who serve in communities across the state, and for effective law enforcement. Tennessee joins a new national trend in recognizing and preparing for the intersection between law enforcement and people with disabilities. We also recognize and appreciate the continued collaboration of important stakeholders in reaching agreement on this crucial training, including DIDD, People First of Tennessee and the Parent Guardian Associations of Clover Bottom and Greene Valley Developmental Centers.”
The United States brought suit against the state of Tennessee in 1996, concerning conditions of care and the right to care in integrated settings for residents of Clover Bottom Developmental Center, Greene Valley Developmental Center and Nat T. Winston Center. The state and the United States, along with two interveners, settled the case in 1996 through an agreement that called for both improved conditions within the centers and the integration of residents into community settings. Shortly after the initiation of the suit, the state closed Nat T. Winston Center. The state is now closing Clover Bottom Center and Greene Valley Developmental Centers. In 2015, the court approved an exit plan designed to resolve the litigation by bringing to fruition planned community improvements in respite care, individual support planning and other areas. The exit plan also required that the state develop the law enforcement training discussed above.
For more information on the Justice Department’s Civil Rights Division, please visit www.justice.gov/crt.
Justice Department Moves to Intervene in Disability Discrimination Lawsuit Alleging that Miami University Uses Inaccessible Educational Technologies and Course MaterialsRead the Press Release
The Justice Department announced today that it has moved to intervene in Aleeha Dudley v. Miami University, et al., 14-cv-038 (S.D. Ohio), a private lawsuit alleging disability discrimination by Miami University in Oxford, Ohio. In the United States’ motion to intervene and complaint, the United States alleges that Miami University has violated Title II of the Americans with Disabilities Act (ADA) by requiring current and former students with disabilities to use inaccessible websites and learning management system software, and by providing these students with inaccessible course materials. The motion was filed in the U.S. District Court of the Southern District of Ohio.
As alleged in today’s filings, Miami University uses technologies that are inaccessible to current and former students who have vision, hearing or learning disabilities. Miami University has failed to ensure that individuals with disabilities can interact with its websites and learning management systems and access course assignments, textbooks and graphical materials on an equal basis with students without disabilities. Miami’s failures have deprived persons with disabilities of a full and equal opportunity to benefit from Miami University’s educational opportunities.
Many students with disabilities, including those who have vision, hearing or learning disabilities, require assistive technologies to use computers and interact with electronic content. Examples of assistive technologies include screen reader software, refreshable Braille displays, audio description, captioning and keyboard navigation. Screen reader software audibly reads aloud information that is otherwise presented visually on a computer screen; refreshable Braille displays convert digital text into Braille; captioning translates video narration and sound into text; and keyboard navigation allows individuals with visual or manual dexterity disabilities to access computer content using a keyboard rather than a mouse.
The complaint seeks a judgment from the court requiring Miami University to provide accessible materials to ensure that individuals with disabilities can equally participate in and benefit from Miami University’s educational opportunities, and to compensate aggrieved individuals.
“Education is said to be the great equalizer of American society, and educational technologies hold great promise to make this a reality,” said Principal Deputy Assistant Attorney General Vanita Gupta of the Civil Rights Division. “However, students with disabilities continue to encounter an impenetrable glass ceiling of opportunity when schools fail to comply with the ADA.”
Title II of the ADA prohibits discrimination on the basis of disability by state and local government entities, including colleges and universities. Title III of the ADA likewise prohibits disability discrimination by private educational institutions.
Those interested in finding out more about the ADA may call the Justice Department’s toll-free ADA information line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov.
Justice Department Files Federal Lawsuit Against Park City Business for Violating the Employment Rights of Utah Naval Reserve MemberRead the Press Release
The Justice Department’s Civil Rights Division and U.S Attorney Carlie Christensen of the District of Utah announced today the filing of a complaint in U.S. District Court in Salt Lake City against Veteran’s Trading Company (VTC), a business with headquarters in Park City, Utah. The complaint alleges the business violated the employment rights of Naval Reserve Captain Paul M. Costello under the Uniformed Services Employment and Reemployment Rights Act (USERRA). Costello is a Navy veteran with a disability who has served his country as an F-18 fighter pilot. Since 1997, he has served as a member of the United States Naval Reserve.
According to the complaint, filed by the United States on Costello’s behalf, Costello’s military service was a motivating factor in VTC’s decisions to deny his request for re-employment and, ultimately, to terminate his employment. The United States claims that both actions by VTC violated Costello’s USERRA rights.
The complaint further alleges that in July 2013, VTC fired Costello from his job as company President due to his military service and subsequently denied Costello’s application for reemployment following his active military duty in September 2013. On April 30, 2015, VTC pre-emptively filed its own suit against Costello in Utah state court claiming that he was inappropriately remunerated for his service to the company while he was on military leave; despite the fact that while he was on military he took personal leave in order to preside over company meetings. In addition to filing its federal complaint, the United States removed the employer’s action from state court to federal court.
“The brave men and women who serve in our Armed Forces should never have to fear losing their job while they’re deployed overseas,” said Acting Associate Attorney General Stuart F. Delery. “That’s why the Department of Justice is committed to protecting the employment rights of service members and we will continue to devote time and resources to hold bad actors accountable.”
“Captain Costello served our nation honorably, and USERRA guarantees his right to re-employment upon his return from service,” said Principal Deputy Assistant Attorney General Vanita Gupta of the Civil Rights Division. “Through the department’s newly created Servicemembers and Veterans Initiative, we will continue to build on our strong ties with federal partners and continue using every tool at our disposal to protect the rights of the men and women who serve in our Armed Forces.”
“Members of our National Guard and Reserves make many sacrifices, including spending months or years away from their jobs and families,” said U.S. Attorney Christensen. “When our service members are deployed in the service of our country, they are entitled to retain their civilian employment and to the protections of federal law that prevent them from being subject to discrimination based upon their military obligations. We are filing suit today, on behalf of Captain Costello, a member of the U.S. Naval Reserve, to ensure that he does not lose his rights while he was protecting ours.”
USERRA protects the rights of uniformed service members to retain their civilian employment following absences due to military service obligations, and proved that service members cannot be discriminated against because of their military obligations.
The lawsuit filed by the United States seeks damages equal to the amount of Costello’s lost wages and other benefits caused by VTC’s failure to comply with USERRA and a dismissal of VTC’s complaint. It also seeks an order requiring VTC to return Costello’s ownership and distribution shares and pay him all amounts that were distributed to shareholders between June 9, 2013, and the date of judgment. The lawsuit seeks an order requiring VTC to pay for all litigation fees related to the court action.
Costello initially filed a complaint with the Labor Department’s Veterans’ Employment and Training Service, which investigated this matter and, after resolution failed, referred it to the Justice Department’s Civil Rights Division, Employment Litigation Section. This lawsuit followed as a collaborative initiative between the Civil Rights Division and the U.S. Attorney’s Office for the District of Utah. The Department of Justice has given a high priority to the enforcement of service members’ rights under USERRA. Additional information about USERRA can be found on the Justice Department’s Web sites at http://www.usdoj.gov/crt/emp and http://www.servicemembers.gov, as well as on the Labor Department’s website at http://www.dol.gov/vets/programs/userra/main.htm.
Jury Convicts Felon in Possession of Machine GunsRead the Press Release
TULSA, Okla. — Following a two-day jury trial, Gregory Lynn Shrader, 56, of Jay, Oklahoma, a convicted felon, was found guilty of being in possession of firearms and ammunition, United States Attorney Danny C. Williams Sr. for the Northern District of Oklahoma announced today. On June 5, 2014, Shrader was charged by a grand jury with the offense.
On March 6, 2014, a search warrant was executed at Shrader’s home. During the search, law enforcement found three firearms and ammunition, including a 12GA gauge shotgun, a .45 ACP rifle, and a 9mm rifle and ammunition. Both rifles were machine guns.
Sentencing has been set on August 13, 2015, before United States District Court Judge Claire V. Eagan. Shrader faces the statutory maximum penalty of 10 years in prison and a fine of $250,000. In addition, Shrader faces the forfeiture of the firearms and ammunition involved in the offense.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Tulsa Field office, with assistance by the United States Postal Inspection Service, Phoenix division, and Federal Bureau of Investigation, Tulsa office. Assistant United States Attorneys Joel-lyn A. McCormick, Clemon Ashley, and Catherine Depew prosecuted the case.
Iowa Man Sentenced to Seven Months Imprisonment and Seven Years of Supervised Release for Failing to Register as a Sex OffenderRead the Press Release
United States Attorney Deborah R. Gilg announced that on May 11, 2015, Richard Allen Knight, 44, of Shenandoah, Iowa, was sentenced for his failure to register as a sex offender. Senior United States District Judge Lyle E. Strom sentenced Knight to a 7-month term of imprisonment. After his release from prison, Knight will begin a 7-year term of supervised release.
Knight was previously convicted in the State of Oregon of an offense requiring him to register as a sex offender. In July 2014, the United States Marshals Service became aware that Knight was living in Omaha, Nebraska. It was determined that Knight had been in Nebraska for at least three months without registering as a sex offender with the Nebraska State Patrol.
This case was the result of an investigation by the United States Marshals Service.
Indiana Pa., Woman Sentenced to Prison for Conspiring to Distribute HeroinRead the Press Release
JOHNSTOWN, Pa. - A resident of Indiana, Pa., has been sentenced in federal court to 15 months in prison and four years supervised release on her conviction of conspiracy to distribute heroin, United States Attorney David J. Hickton announced today.
United States District Judge Kim R. Gibson imposed the sentence on Tiffany N. White, 26.
According to information presented to the court, from April 2012 to March 8, 2013, White conspired with her co-defendants to possess and distribute 100 grams or more of heroin.
Assistant United States Attorney John J. Valkovci, Jr., prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Laurel Highlands Resident Agency of the Federal Bureau of Investigation and the Cambria County Drug Task Force for the investigation leading to the successful prosecution of White.
Hagerman Man Sentenced Ten Years in Federal Prison for Violating Firearms LawsRead the Press Release
ALBUQUERQUE – Terry Lynn Little Jr., 33, of Hagerman, N.M., was sentenced today in federal court in Las Cruces, N.M., to ten years in federal prison followed by three years of supervised release for being a felon in possession of a firearm.
Little was arrested in Oct. 2013, on a criminal complaint charging him with possession of firearms and ammunition in Eddy County, N.M. At the time, Little was prohibited from possessing firearms or ammunition because previously he had been convicted of felony offenses including criminal sexual penetration, aggravated assault with a deadly weapon, aggravated battery resulting in great bodily harm, and failure to register as a sex offender. Little subsequently was indicted on Jan. 22, 2014, and charged with being a felon in possession of a firearm and possession of a firearm with an obliterated serial number.
Little pled guilty on April 3, 2014, to Count 1 of the indictment charging him with being a felon in possession of a firearm. Little admitted that on Sept. 29, 2013, he possessed a shotgun despite knowing that he was prohibited from possessing a firearm due to his status as a convicted felon.
This case was investigated by the Las Cruces and Roswell offices of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Chaves County Sheriff’s Office. Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
Little was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Guilty Pleas in Bakersfield Drug Distribution RingRead the Press Release
FRESNO, Calif. —Arnoldo Delgado Garcia (Delgado), aka Fabricio Rene Delgado-Perea, 35, a Mexican national, pleaded guilty on Monday to conspiring to distribute and possess with intent to distribute methamphetamine and heroin, and in the same case Erik Gesus Rivera, 28, of Bakersfield, pleaded guilty to possession with intent to distribute methamphetamine, United States Attorney Benjamin B. Wagner announced.
According to court documents, from May 2013 through January 2014, Delgado and Rivera regularly distributed methamphetamine and heroin to various drug dealers and users in Kern County. During this time period, Delgado admitted that he distributed between 15 and 45 kilograms of methamphetamine and over 1,000 grams of a mixture or substance containing a detectable amount of heroin. Rivera admitted in his plea agreement that he was involved in the distribution of between 15 and 45 kilograms of methamphetamine, and on January 29, 2014, he was found to be in possession of over a pound of crystal methamphetamine and several ounces of heroin that were intended for distribution. According to the plea agreement, Delgado was the supplier for co-conspirator Jose Cruz, 28, of Bakersfield. On April 27, 2015, Cruz pleaded guilty to the conspiracy charge.
This case is the product of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Drug Enforcement Administration, Kern County Sheriff’s Office, and the Southern Tri-County High Intensity Drug Trafficking Area Task Force. Assistant United States Attorney Brian K. Delaney is prosecuting the case.
Cruz is scheduled to be sentenced by United States District Judge Lawrence J. O'Neill on July 20, 2015. Delgado and Rivera are scheduled to be sentenced by Judge O'Neill on August 3, 2015. Cruz and Delgado face a maximum statutory penalty of life in prison and a $10 million fine. Rivera faces a maximum statutory penalty of 40 years in prison and a $5 million fine. The actual sentences, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Glassport Man Sentenced to 8+ Years in Prison for Distributing Child PornographyRead the Press Release
PITTSBURGH - A former resident of Allegheny County, Pennsylvania was sentenced in federal court to 100 months imprisonment, followed by 15 years supervised release, on his conviction of distribution of material depicting the sexual exploitation of a minor, United States Attorney David J. Hickton announced today.
United States District Judge Gustave Diamond imposed the sentence on Michael George Hadam, 60, of Glassport, Pa.
According to information presented to the court, from on or about April 9, 2014 to on or about April 11, 2014, Hadam distributed videos containing material depicting the sexual exploitation of minors. Pursuant to the initial forensic review of Hadam’s external hard drive located at the time of the search of his residence, forensic examiners identified approximately 700,000 image files and 1,000 video files of child pornography. In addition to the videos and images found on the hard drive, more than 5,000 video files of child pornography also were recovered from Hadam’s desktop computer.
Assistant United States Attorney Jessica Lieber Smolar prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the United States Postal Inspection Service and the Pennsylvania Office of the Attorney General for conducting the investigation leading to the successful prosecution of Hadam.
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.justice.gov/psc.
Four Persons Charged with Conspiracy to Unlawfully Ship Firearms to LebanonRead the Press Release
Ali Afif Al Herz, age 50, Bassem Herz, age 30, Sarah Zeaiter, age 24, and Adam Ben Ali Al Herz, age 22, all from Cedar Rapids, Iowa, have each been charged with conspiracy to provide a container or package containing firearms and ammunition to a common carrier without notice to the shipper. The charges are contained in a Complaint unsealed today in United States District Court in Cedar Rapids.
The Affidavit supporting the Complaint alleges that between about August 2014 and May 11, 2015, three containers originating from Cedar Rapids were loaded with Bobcat skid loaders, clothing, and various other items with an intended destination of Beirut, Lebanon. The first container was not interdicted. On about March 26, 2015, the second container was interdicted at the outbound port in Norfolk, Virginia, where it was found to contain 53 firearms and more than 6800 rounds of ammunition secreted in three Bobcat skid loaders inside the container. On May 8, 2015, a third container, loaded and shipped from a Cedar Rapids business, was searched and found to contain an additional 99 firearms and over 9500 rounds of ammunition. The firearms and ammunition were again secreted within two Bobcat skid loaders in the container.
The Affidavit alleges that of the 152 firearms seized from the two shipping containers, approximately 66 of the firearms are known to have been purchased by the four individuals in Cedar Rapids and surrounding areas. As of the time filing the Complaint, whereabouts of at least 47 guns known to have been purchased by the group were unknown.
If convicted on all charges, each individual faces a possible maximum sentence of 5 years’ imprisonment, a $250,000 fine, a $100 in special assessment, and 3 years of supervised release following any imprisonment.
All four individuals appeared today in federal court in Cedar Rapids and were held without bond. Ali Afif Al Herz’ next appearance will be a detention hearing set for May 15, 2015 at 10:00 a.m. Bassem Herz is being held in custody by the U.S. Marshals pending further proceedings. Sarah Zeaiter Herz’ next appearance will be a detention hearing set for May 15, 2015 at 2:00 p.m. Adam Ben Ali Al Herz’ next appearance will be a detention hearing set for May 15, 2015 at 1:00 p.m.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The case is being prosecuted by Assistant United States Attorney Richard Murphy and was investigated by U.S. Immigration and Customs Enforcement, Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The following agencies assisted with the execution of search and arrest warrants today: Bureau of Investigation and Identity Protection, Customs and Border Protection, Homeland Security Investigations, United States Marshals Service, Division of Narcotics Enforcement, Department, Iowa Department of Inspections and Appeals, Iowa Division of Criminal Investigation, Linn County Sheriff’s Office, Fayette County Sheriff’s Office, Iowa County Sheriff’s Office, Cedar Rapids Police Department, Hiawatha Police Department, Marion Police Department, Vinton Police Department,, Johnson County Drug Task Force, and the Iowa State Patrol.
Anyone with information concerning this matter is requested to contact Homeland Security Investigations at 319-286-4680.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file numbers are 15-mj-136; 15-mj-137; 15-mj-138; 15-mj-139.
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Fort Pierce Woman Pleads Guilty to Jamaican Lottery ScamRead the Press Release
Sheila Denise Kelly-Christie, 48, of Fort Pierce, pled guilty today to one count of conspiracy to commit wire and mail fraud, in violation of Title 18, United States Code, Sections 371 and 2326. Sentencing is scheduled for August 10, 2015, at 3:00 p.m., before U.S. District Judge Jose E. Martinez in Ft. Pierce. At sentencing, Kelly-Christie faces up to fifteen years in prison.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Alysa D. Erichs, Special Agent in Charge, United States Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), and Ronald J. Verrochio, Inspector in Charge, United States Postal Inspection Service (USPIS), Miami Division, made the announcement.
According to court documents, Kelly-Christie was a participant in a Jamaica based scam primarily targeting persons over the age of 55. Kelly-Christie and her co-conspirators in Jamaica, contacted individuals throughout the United States by telephone and falsely told the victims that they had won a lottery or sweepstakes prize. The callers instructed the victims that in order to the claim the prize, the victims had to send money to the scammers in order to pay non-existent fees, registration taxes and the like. The co-conspirators would direct the victims to send their payments to individuals and addresses located in Florida. Kelly-Christie and individuals she would recruit to aid in the scam would receive money from the victims, by U.S. mail, wire transfer, or deposits that were uploaded to debit cards. In turn, Kelly-Christie would keep ten percent of the fraudulently induced payments and forward the remainder of the monies to co-conspirators in Jamaica. During the course of the fraudulent scheme, Kelly-Christie is believed to have received and forwarded over $70,000 in fraudulently induced payments from victims.
Mr. Ferrer commended the investigative efforts of USPIS and HSI. The case was prosecuted by Assistant U.S. Attorney Theodore M. Cooperstein.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov
Former Security Company Operator Pleads Guilty to Failing to Pay Employment TaxesRead the Press Release
A Temple Hills, Maryland, resident who operated a company that provided security guards to private businesses and apartment complexes pleaded guilty today in the U.S. District Court for the District of Columbia to failing to file employment tax returns and pay over approximately $600,000 in employment taxes to the Internal Revenue Service (IRS), announced Acting Deputy Assistant Attorney General Larry J. Wszalek of the Justice Department’s Tax Division.
Jeffrey Norman Jackson operated Innovative Security Services LLC in Washington, D.C., between 2005 and 2009, according to court documents. Jackson controlled the business’s finances and was responsible for filing the Employer’s Quarterly Federal Tax Returns (IRS Forms 941) and paying over to the IRS the business’ federal income, social security and Medicare taxes (known as FICA taxes) that were withheld from the wages of Innovative’s employees. For more than four years, Jackson willfully failed to comply with these legal obligations. He used the stolen funds to pay personal expenses, such as rent and gym membership fees.
The plea agreement requires Jackson to pay $595,687.39 in restitution to the IRS for the taxes due and owing. He faces a statutory maximum sentence of five years in prison and a $250,000 fine when he is sentenced on July 27.
Acting Deputy Assistant Attorney General Wszalek commended the special agents of IRS-Criminal Investigation, who investigated the case and Trial Attorney Melissa S. Siskind of the Tax Division, who is prosecuting the case. Wszalek also thanked the U.S. Attorney’s Office of the District of Columbia for their assistance.
Former Postal Employee Pleads Guilty to Discarding MailRead 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 Jeffrey Wojcik, 36, of Cheektowaga, NY, pleaded guilty to obstruction of the mails before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. The charge carries a maximum penalty of six months in prison and a $5,000 fine.
Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated that the defendant, a former employee of the United States Postal Service, failed to deliver a bundle of mail that consisted of Bed Bath & Beyond advertisements. A concerned citizen who witnessed the incident reported it to the United States Postal Service, and the mail was recovered and delivered to its intended recipients.
The plea is the culmination of an investigation by Special Agents of the United States Postal Service Office of the Inspector General, under the direction of Monica Weyler.
Sentencing is scheduled for August 13, 2015 at 10:00 AM before Judge Schroeder.
Former MVA Employee Sentenced to 18 Months in PrisonRead the Press Release
Greenbelt, Maryland – U.S. District Judge Paul W. Grimm sentenced Traci Lynette Cure, age 46, of Silver Spring, Maryland today to 18 months in prison followed by a year of supervised release for conspiracy in connection with issuing fraudulent driver’s licenses and duplicate vehicle titles.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Acting Special Agent in Charge Ivan Arvelo of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); and Milton Chaffee, Administrator of the Maryland Motor Vehicle Administration - Investigation and Security Services Division.
Cure worked at the Maryland Motor Vehicle Administration in Upper Marlboro, Maryland beginning in 1997, and served as a customer agent/lead worker from 2007 until September 4, 2013.
According to her plea agreement, from November 2011 to August 2013, a co-conspirator paid Cure at least $5,500 to issue fraudulent driver’s licenses for the co-conspirator and others, and fraudulent duplicate vehicle titles. Cure received approximately $40 for each of at least 120 duplicate vehicle titles she fraudulently produced, and $100 for each of at least seven driver’s licenses she fraudulently issued. Cure produced driver’s licenses bearing the photos of the co-conspirator and others, and the names of real people, including victims who were citizens of Colombia and Puerto Rico.
United States Attorney Rod J. Rosenstein praised HSI Baltimore and MVA - Investigation and Security Services Division for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Nicolas A. Mitchell, who prosecuted the case.
Former Financial Assistant of Architectural Firm Pleads Guilty to ForgeryRead the Press Release
Forged 83 company checks totaling over $469,000
NORFOLK, Va. – Katherine Albert-McNaughton, 36, of Virginia Beach, Virginia, pleaded guilty today to one count of making forged securities and two counts of engaging in a monetary transaction in criminally derived property.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and Douglas F. Mease, Special Agent in Charge of the United States Secret Service’s Richmond Field Office, made the announcement after the plea was accepted by U.S. Magistrate Judge Lawrence R. Leonard.
Albert-McNaughton was indicted by a federal grand jury on March 19, 2015. She faces a maximum penalty of 10 years in prison on each of the three counts when she is sentenced on September 3, 2015. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
According to a statement of facts filed with the plea agreement, Albert-McNaughton was employed as a financial assistant by HBA Architecture & Interior Design, Inc., a business located in Virginia Beach, Virginia. Between October 2011 and June 2014, Albert-McNaughton forged the signature of a principal of HBA Architecture & Interior Design, Inc. on 83 company checks, totaling $469,831.89. She deposited all of the forged checks into bank accounts that she maintained and used the money for her own personal benefit, including vacations, shopping, plane tickets, photography, and the purchase of vehicles, concert and professional football tickets.
This case was investigated by the United States Secret Service. Assistant U.S. Attorney Alan M. Salsbury is prosecuting the case on behalf of the United States.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:15cr31.
Former City of Miami Police Officer Sentenced for ExtortionRead the Press Release
Jerry Sutherland, 28, of Miami-Dade County, Florida, formerly an officer with the City of Miami Police Department, was sentenced yesterday to 24 months in prison, followed by one year of supervised release, including 150 hours of community service, following a guilty plea to two counts of extortion. Sutherland was also ordered to pay a $2,000 fine and forfeit $3,400 in illegal proceeds.
Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, FBI, Miami Field Office, and Rodolfo Llanes, Chief, City of Miami Police Department (MPD), made the announcement.
On March 2, 2015, Sutherland admitted to the following facts in support of his plea of guilty:
In early 2014, Sutherland, who, at the time, was an officer with MPD, managed a football team in his spare time. Sutherland requested that a vendor paint the football team’s helmets free of charge. Subsequently, Sutherland began to demand additional services from the vendor without payment. When the vendor balked at these demands, Sutherland, who erroneously believed that the vendor was involved in an illegal gambling operation that was located adjacent to the vendor’s business in Miami-Dade County, intimated that he would shut down the gambling operation if his demands were not met.
Sutherland represented to the vendor that he would provide the vendor with information about impending surveillance and other operations by MPD in the area of the gambling operation so that the vendor could pass on that information to the owners and operators of the gambling operation.
An investigation of Sutherland ensued in which several recordings were made of the defendant receiving 10 bribe payments, many which he received while he was in uniform. Of these payments, 6 were made to Sutherland in exchange for his promise to provide protection for a gambling operation located in Miami-Dade County, that communicated the bets placed there to a gambling establishment in Las Vegas, Nevada; two were made to Sutherland in exchange for his promise to arrange for the dismissal of a criminal court case against an employee of the illegal gambling operation; one was made to Sutherland in exchange for his agreement to increase the visibility of police around a rival gambling location in order to discourage its customers from patronizing that rival location; and the remaining payment was for Sutherland’s promise to provide the vendor with a “case card” with a fictitious case number and officer’s name. Sutherland had been told that the fictitious case card would be used to falsely demonstrate that the gambling operation had been robbed so that the workers could keep for themselves the gambling proceeds that had been made that day. Pursuant to Sutherland’s demands, he received bribe payments which totaled $3,400.
Mr. Ferrer commended the investigative efforts of the FBI Miami Area Corruption Task Force and the City of Miami Police Department Internal Affairs Section. The case is being prosecuted by Assistant U.S. Attorney Harry C. Wallace, Jr.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Federal Grand Jury IndictmentsRead the Press Release
Contact Person: Beth Drake (803) 929-3000
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United States Attorney Bill Nettles stated today that a Federal Grand Jury in Greenville, South Carolina, returned Indictment(s) against the following:
Greenville Residents Charged with Theft of Government Property
John W. Brown, age 63, and Betty Brown, age 57, both of Greenville, South Carolina, were charged in a two-count Indictment charging violations of Title 21, United States Code, Section 843(a)(3), which prohibits obtaining prescription drugs by deception and subterfuge, and Title 18, United States Code, Section 641, which prohibits the theft of government funds or property. The maximum penalty the defendants could receive is four years imprisonment and a fine of $250,000.00. The case was investigated by agents of the Department of Veterans Affairs, Office of Inspector General, and is assigned to Assistant United States Attorney William J. Watkins, Jr., of the Greenville office for prosecution.
Individual Charged with Escape from Custody
Tishika N. Gatson, age 34, was charged in a single-count Indictment with escaping from the custody of a correctional facility, a violation of Title 18, United States Code, Section 751(a). The maximum penalty Gatson could receive is five years imprisonment and a fine of $250,000.00. The case was investigated by agents of the United States Marshals Service, and is assigned to Assistant United States Attorney William J. Watkins, Jr., of the Greenville office for prosecution.
Foreign Nationals Charged with Illegal Re-entry
Maclovio Avellaneda-Gama, Miguel Angel Sanchez-Raudales, Magdelena Bartolon-Garcia, David Tello-Sanchez and Alfredo Jimenez-Gonzalez were each charged in Indictments with illegal re-entry to the United States, a violation of Title 8, United States Code, Section 1326. The maximum penalty each could receive, depending on their prior criminal history, is two to twenty years imprisonment. These cases were investigated by Department of Homeland Security, U.S. Immigration and Customs Enforcement agents and are assigned to Assistant United States Attorney Max Cauthen of the Greenville office for prosecution.
The United States Attorney stated that all charges in these Indictments are merely accusations and that all defendants are presumed innocent until and unless proven guilty.Eighth Guilty Plea in Norteno InvestigationRead the Press Release
BOISE – Kenny P. Breedlove, 35, of Porterville, California, pleaded guilty today in United States District Court to possession of methamphetamine with intent to distribute, U.S. Attorney Wendy J. Olson announced. Breedlove was indicted by a federal grand jury on November 14, 2014.
According to the plea agreement, Breedlove admitted that on October 6, 2014, he possessed methamphetamine that he intended to distribute to another person. On that date, Nampa Police officers conducted a traffic stop of a vehicle Breedlove was driving. Breedlove told officers the vehicle belonged to him. A police drug-detection dog sniffed the vehicle and alerted to the odor of illegal drugs. Police officers searched the vehicle and located a loaded 9 millimeter pistol, 337 grams of methamphetamine, and digital scales. As part of his plea agreement, Breedlove admitted that he possessed the pistol in connection with the drug offense.
The charge of possession of methamphetamine with intent to distribute is punishable by a minimum term of imprisonment of five years and up to forty years, a maximum fine of $5 million, and a minimum term of four years supervised release. Breedlove is scheduled to be sentenced on August 3, 2015, by Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Boise.
Breedlove was charged as a result of an investigation by the Treasure Valley Metro Violent Crimes Task Force, which focused on the “Norteno” Northside gang that is active in Nampa and other parts of the Treasure Valley. Fourteen individuals were indicted on drug and gun charges as a result of the investigation. So far, one defendant has been sentenced. Guadalupe Serrano was sentenced on April 21, 2015, to 75 months in prison for possession of methamphetamine with intent to distribute and for possessing firearms in furtherance of the drug trafficking crime. Breedlove was the eighth defendant to plead guilty. The others that have pleaded guilty include Johnny Lee Martinez, 33, Guillermo Farias Jr., 29, Jose Manuel Menchaca, 35, Nicole Danelle Nieto, 31, Brandi Marie Larrea, 31, and Tara Noelle Rivera, 30, all from Nampa. Three others are scheduled for trial including Michael David Bradshaw, 31, Richard Lobato, 51, both from Nampa, and Isaac Bright, 21, from Caldwell. Three other defendants have outstanding warrants, including Jose Enrique Olvera Jr., 51, Ruben Rodriguez, 36, and Veronica Cantu, 26, all from Nampa.
These cases are the result of a joint investigation by the Treasure Valley Metro Violent Crime Task Force and the Organized Crime and Drug Enforcement Task Force (OCDETF). The Treasure Valley Metro Violent Crime Task Force is comprised of federal, state and local agencies, including the Federal Bureau of Investigation; Bureau of Alcohol, Tobacco, Firearms and Explosives; Boise Police Department; Ada County Sheriff’s Office; Caldwell Police Department; Nampa Police Department; Meridian Police Department; Canyon County Sheriff’s Office; and Idaho Department of Probation and Parole. The Organized Crime and Drug Enforcement Task Force (OCDETF), includes the cooperative law enforcement efforts of the Federal Bureau of Investigation; Drug Enforcement Administration; Bureau of Alcohol, Tobacco, Firearms and Explosives; U. S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Internal Revenue Service-Criminal Investigation; and U.S. Marshals Service. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
These cases are being prosecuted by the Special Assistant U.S. Attorney hired by the Treasure Valley Partnership and the State of Idaho to address gang crimes. The Treasure Valley Partnership is comprised of a group of elected officials in southwest Idaho dedicated to regional coordination, cooperation, and collaboration on creating coherent regional growth. For more information, visit treasurevalleypartners.org.
Egyptian national sentenced to 6 months in prison for resisting deportation ordersRead the Press Release
ALEXANDRIA, La. – United States Attorney Stephanie A. Finley announced that an Egyptian national was sentenced Monday to six months in prison for refusing to leave the country twice after being ordered to depart.
Mohamed Admed Hassan Abdallah Omran, 39, of Egypt, was sentenced by U.S. District Judge Dee D. Drell on two counts of failure to depart for resisting removal after final deportation orders. He was also sentenced to one year of supervised release. Evidence admitted at the defendant’s trial, which started on February 4 and ended February 5, 2015, revealed that after an immigration judge issued a final order of removal from the country, U.S. Immigration Enforcement agents attempted to remove Omran from the country via the Alexandria International Airport using commercial flights on two separate occasions. The defendant hampered agents’ ability to remove him by verbally and physically resisting agents on June 12, 2013, and a second time on July 24, 2013. The defendant’s actions prevented him from boarding the flights because of airline and Transportation Security Administration safety policies.
Immigration and Customs Enforcement - Enforcement and Removal Operations conducted the investigation. Assistant U.S. Attorneys F. Michael O’Mara and Cytheria D. Jernigan prosecuted the case.
East Stroudsburg Man Charged with Theft of MailRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a criminal information was filed today in U.S. District Court in Scranton charging Jacob Tanner, age 28, of East Stroudsburg, Monroe County, with theft of mail.
According to United States Attorney Peter Smith, the alleged theft was discovered after a number of Stroudsburg residents complained about missing, torn or discarded mail. Tanner was allegedly observed on surveillance video removing mail from a mailbox outside a residence in Stroudsburg. Postal Authorities later apprehended Tanner in possession of stolen mail in December 2014.
The government also filed a plea agreement in the case, which must be approved by the court.
The case is being investigated by the United States Postal Service, Office of Postal Inspection Services, and is being prosecuted by Assistant United States Attorney Robert J. O’Hara.
Anyone who believes they may be a victim or have further information should contact Postal Inspector David Heinke, United States Postal Service, at 877-876-2455.
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 5 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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Dominican Man Pleads Guilty to Fraudulently Receiving Disability BenefitsRead the Press Release
BOSTON – A Dominican man, who currently lives in Lawrence, pleaded guilty today in U.S. District Court in Boston to receiving $62,243 in disability benefits under a false identity.
Jose Marin, 33, pleaded guilty to one count of theft of public money after being indicted in October 2014. U.S. District Court Judge F. Dennis Saylor, IV scheduled sentencing for Aug. 4, 2015.
Marin, who was born in the Dominican Republic, entered the United States in or about 2003 unlawfully and acquired identification documents in the name of another person. From 2006 through July 2014, Marin received $62,243 in Social Security disability benefits under the other person’s identity. Marin would not have been eligible for these benefits under his true identity.
This case was brought as part of an ongoing effort by the U.S. Attorney’s Office in partnership with the Social Security Administration (SSA) to investigate and prosecute fraud pertaining to Social Security disability benefits.
In May 2015, Wendy Mairle, of North Attleboro, pleaded guilty to stealing $32,439 in SSA benefits from a disabled man whose finances she was managing. Sentencing is scheduled for Aug. 18, 2015.
In March 2015, Emily Lardiero, of Revere, was sentenced to three years of probation, including six months of home confinement, and was ordered to pay $47,671 in restitution to SSA and $40,391 in restitution to the U.S. Department of Housing and Urban Development (HUD). Lardiero worked and earned income for several years, despite telling SSA that she was still disabled and not earning income in order to continue receiving disability benefits. She also illegally received HUD rental subsidies for several years.
In July 2014, Charles Flynn and Steven Grondell, both of Georgetown, were each sentenced to three years of probation, including six months of home confinement, and ordered to serve 105 hours of community service and to pay $105,158 in restitution to SSA. Flynn received SSA disability benefits while working under Grondell’s identity, and with his permission, to conceal the work from SSA.
Also in July 2014, Carl Lynch, of Ware, was sentenced to three years of probation, including six months of home confinement, and was ordered to pay $50,264 in restitution to SSA. Lynch received SSA disability benefits while working under another man’s identity to conceal the work from SSA.
In January 2014, Antonio Pulinario Brea, of the Dominican Republic, was sentenced to 10 months in prison and ordered to pay $60,455 in restitution to SSA. Pulinario Brea used the identity of an American citizen to obtain SSA disability benefits that he would otherwise not have been entitled to receive.
United States Attorney Carmen M. Ortiz; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; and Bruce M. Foucart, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. The Marin case was investigated by the Homeland Security Investigations’ Document and Benefit Fraud Task Force. The case is being prosecuted by Special Assistant U.S. Attorney Timothy Landry of Ortiz’s Major Crimes Unit.
Dominican Man Guilty of Illegally Reentering the United StatesRead the Press Release
Concord, NH – Jose Luis Diaz-Pena, 34, of the Dominican Republic, pleaded guilty in United States District Court for the District of New Hampshire to illegally reentering the United States after having been previously deported, announced Acting United States Attorney Donald Feith.
Diaz-Pena was arrested on January 13, 2015 by agents of the U.S. Department of Homeland Security, Bureau of Immigration and Customs Enforcement. A New Hampshire State Trooper serving on the New Hampshire State Police’s Department of Motor Vehicles Task Force contacted federal authorities after Diaz-Pena appeared at a DMV office in Nashua and attempted to obtain a New Hampshire identification card. Fingerprints taken by federal authorities determined that Diaz-Pena had been deported from the United States on three prior occasions.
Diaz-Pena was indicted in U.S. District Court on March 11, 2015. His sentencing was scheduled for August 19, 2015, at 10:00. Diaz-Pena will again be deported after serving his sentence.
This case was investigated by the New Hampshire State Police and the Bureau of Immigration and Customs Enforcement. It is being prosecuted by Assistant U.S. Attorney Alfred Rubega.
Detroit man sentenced to 97 months for role in heroin conspiracyRead the Press Release
HUNTINGTON, W.Va. – A Detroit man who participated in a conspiracy that funneled multiple kilos of heroin into the Huntington area between 2012 and 2014 was sentenced yesterday to more than eight years in federal prison, announced United States Attorney Booth Goodwin. Kenneth D. Bowden, 29, previously pleaded guilty in February 2015 to possession with intent to distribute 100 grams or more of heroin before Chief United States District Judge Robert C. Chambers.
Bowden admitted that between 2013 and April 2014, he conspired with other individuals to distribute heroin in the Huntington, West Virginia area. During the conspiracy, shipments of heroin were frequently made from Michigan to Huntington. Bowden and his associates used multiple residences in Huntington as locations from which they prepared, stored and distributed heroin.
On April 8, 2014, officers executed a search warrant at an apartment in the 900 block of 6th Street in Huntington. Bowden was staying in the apartment at the time of the search warrant. When they entered the apartment, officers observed Bowden and a second individual exiting through the rear bedroom. During the search, officers found a bag containing 113.7 grams of heroin. The Huntington Police Department Forensic Investigations Unit located a usable print on the bag, and connected the drugs to Bowden through his right thumb print.
The Huntington FBI Drug Task Force conducted the investigation. Assistant United States Attorney Joseph F. Adams handled the prosecution.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
Daniel T. Eckstrom Sentenced to 240 Years Imprisonment for Production, Possession and Distribution of Child PornographyRead the Press Release
HAMMOND – United States Attorney for the Northern District of Indiana, David Capp, announced that Daniel T. Eckstrom, 32, of Lake Station, Indiana, was sentenced today to 240 years (2,880 months) of imprisonment followed by lifetime supervised release for his nine criminal convictions for Production, Distribution and Possession of Child Pornography.
According to documents filed in the case, on January 17, 2014, Eckstrom pled guilty to seven charges of producing child pornography, one charge of distributing child pornography and one charge of possessing child pornography.
The production of child pornography charges were based on Eckstrom’s capturing of thousands of images and hundreds of videos depicting three minor female victims under the age of 12 being caused to engage in sexually explicit conduct. One victim was sexually abused by Eckstrom over a period of 5 years. The court found that Eckstrom had used force to cause her to engage in sexual acts, and also used threats of violence. Based on the evidence of child pornography production presented at sentencing, the court concluded that Eckstrom was a repeat and dangerous sex offender and sentenced him to consecutive terms of 360 months (30 years) on each of the seven production of child pornography charges.
On the distribution of child pornography charge, the evidence presented at sentencing established that Eckstrom distributed depictions of two of his victims to others. As a result, over 600 depictions of one victim have been found in 7 investigations in 6 different U.S. states, and over 10,000 depictions of another have been found in 77 investigations in 29 different states. Eckstrom received a 240 month (20 year) sentence for his distribution of child pornography charge, and another 120 months (10 years) for possession of child pornography, both consecutive to each other and consecutive to the production charges.
The investigation in this case began when Homeland Security Investigations out of Salt Lake City, UT located an individual suspected of producing child pornography in Sandy, UT and distributing the material via an email account. Upon further investigation, that target was found to be trading depictions, including depictions produced by Eckstrom, with another target out of Syracuse, NY. When the material was sent to the National Center for Missing and Exploited Children, an investigator with that agency helped identify Eckstrom. Once Eckstrom was located in northwest Indiana, local agents with Homeland Security Investigations obtained a federal warrant to search his residence.
This case was a culmination of the great work that can be accomplished from outstanding coordination between various law enforcement agencies around the country to identify and bring serial child sexual abusers to justice.
This case was investigated by the United States Department of Homeland Security Investigations and prosecuted by Assistant United States Attorney Jill R. Koster.
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Court Approves Dismissal of Longstanding School Desegregation Case in Wayne County, MississippiRead the Press Release
Today, the United States District Court for the Southern District of Mississippi approved the joint motion for unitary status filed by the Department of Justice and the Wayne County School District in Mississippi. At the department and school district’s request, the court dismissed this longstanding school desegregation case. The school district serves close to 3,500 students and has been operating under a desegregation order since 1970.
In 2006, the court entered an order specifically prohibiting the use of race in classroom assignments at Waynesboro Elementary School, one of the district’s four elementary schools. In 2012, after concerns continued about Waynesboro’s classroom assignment practices, the court approved a consent order directing the district to randomly assign students to classrooms in the school. The district has successfully used the new classroom assignment procedures for the last four school years.
The department recently determined that the district had complied fully with the terms of the 2012 consent order and is therefore eligible for unitary status and dismissal of the case.
“We commend the Wayne County School District for satisfying its remaining obligations in this case and ensuring equal educational opportunities for all students,” said Principal Deputy Assistant Attorney General Vanita Gupta of the Civil Rights Division. “We have been pleased to work with the district and other school systems under desegregation orders to resolve outstanding issues and seek dismissal of these cases when district have satisfied their obligations.”
Currently, the department monitors 178 school districts under active desegregation orders. Over the last year, several school districts under desegregation orders have successfully sought unitary status from the courts and the cases have been dismissed.
Promoting school desegregation is a priority of the department’s Civil Rights Division. Additional information about the division is available at www.justice.gov/crt.
Convicted Felon Pleads Guilty to Possessing Firearm Stolen from Rural King Break InRead the Press Release
Stephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced that Michael J. Khoury, 43, of Cahokia, Illinois, pled guilty today in the United States District Court to one count of Possession of a Weapon by a Felon. Evidence showed that on January 19, 2015, Khoury and another individual broke in to Rural King, located at 2801 North Illinois, Swansea, Illinois, and stole over fifteen firearms. Khoury later sold one of the stolen firearms to a confidential informant, who provided that weapon to law enforcement. The serial number of that firearm matched the serial number of one of the firearms taken in the burglary.
Sentencing has been scheduled for August 21, 2015, in front of the Honorable David R. Herndon. Due to Khoury’s criminal history, he is eligible for sentencing as an Armed Career Criminal, thus he faces a minimum sentence of fifteen years in the Bureau of Prisons.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Swansea Police Department. The case is being prosecuted by Assistant United States Attorney Laura Reppert.
Connecticut Man Sentenced to Ten Years in Child Enticement StingRead the Press Release
BOSTON – A Connecticut man was sentenced today in U.S. District Court in Boston for traveling to Watertown in response to an advertisement on Craigslist in which a woman sought an adult man who might be interested in a sexual relationship with her child. The Craigslist ad was placed by undercover federal agents seeking to detect online predators.
Paul R. Hinkel, 57, of Chester, Conn., was sentenced by U.S. District Court Judge William G. Young to 10 years in prison and five years of supervised release. He was convicted by a federal jury following a three-day trial in February 2015 of using the Internet in an attempt to entice or coerce a minor to engage in sex.
In February 2014, an undercover federal agent placed an advertisement on Craigslist posing as a mother seeking an adult male interested in a sexual relationship with her daughter. Hinkel responded to the advertisement and was not deterred when he was told that the daughter was only 15-years-old. Hinkel proceeded to engage in hundreds of emails with the undercover agents, detailing the sexual activities in which he would engage with the teen. On March 19, 2014, Hinkel traveled from his home in Chester, Conn. to Watertown to meet and have sex with the fictional minor daughter. He carried a bag to the door with him, which contained sexual paraphernalia, men’s cologne, and a stuffed animal. Hinkel was arrested by federal agents upon his arrival at the site in Watertown.
United States Attorney Carmen M. Ortiz and Bruce M. Foucart, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. The HSI New Haven, Conn. Field Division; Customs & Border Protection, New York Air Unit; Watertown Police Department; and Massachusetts State Police, also assisted with the investigation. The case was prosecuted by Assistant U.S. Attorneys Eve A. Piemonte and Jordi de Llano of Ortiz’s Major Crimes Unit.
This case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Company Owner Pleads Guilty to Falsifying Records in A Federal InvestigationRead the Press Release
BATON ROUGE, LA - United States Attorney Walt Green announced today that LINDA D. WHITE, age 64, of Livingston, Louisiana, pled guilty yesterday before U.S. District Judge Shelly D. Dick to altering and falsifying records in a federal investigation, in violation of Title 18, United States Code, Section 1519. As a result of her conviction, WHITE faces a potential prison term, as well as a significant fine and restitution to her victims.
WHITE operated a company called Linda White & Associates, which, from 2010 until 2013, represented hundreds of agricultural employers seeking to hire temporary foreign workers using H-2A visas. Before hiring foreign workers, United States Department of Labor rules require that the agricultural employers attempt to hire domestic workers by placing newspaper advertisements. As owner and operator of Linda White & Associates, WHITE received fees from her clients to place the ads; in many cases, however, WHITE kept the fees without placing any ads. The advertising fees ranged from $450 to $675 per client.
The U.S. Department of Labor eventually developed concerns regarding WHITE and her business and initiated an audit. In response to the audit, instead of truthfully admitting her scheme, WHITE falsified numerous documents and submitted the false documents to the Department of Labor. These documents included, for instance, false advertisement receipts that represented that WHITE had placed advertisements on behalf of her agricultural clients when, in fact, she had not done so.
U.S. Attorney Green stated: “Defrauding clients and attempting to cover up the fraud during a federal audit is a quick path to becoming a federal felon. We will continue to aggressively pursue those who seek to defraud and obstruct the important oversight missions by the U.S. Department of Labor and other federal agencies.”
This investigation was handled by the U.S. Department of Labor’s Office of Inspector General and the Federal Bureau of Investigation. This matter is being prosecuted by Special Assistant United States Attorney J. Brad Casey.
Commercial truck driver convicted of stealing products during shipmentRead the Press Release
WHEELING, WEST VIRGINIA – Bruce Silver, 55, of Neffs Ohio, was convicted in federal court today after he admitted to using his position as a commercial truck driver to steal merchandise, United States Attorney William J. Ihlenfeld, II, announced.
Mr. Silver owned and operated a commercial vehicle which he used to transport shipments of retail goods, including deliveries of products and goods from Cabela’s Distribution Center located in Triadelphia, West Virginia. He devised a scheme to embezzle and steal Cabela’s merchandise while the goods were being transported. Specifically, in April 2014, Silver stole a shipment of Cabela’s products valued at more than $1,000.00.
Silver pled guilty today to a criminal Information charging him with one count of “Theft From Interstate Shipment.” He faces up to 10 years in prison and a fine of up to $250,000.00. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Randy Bernard prosecuted the case on behalf of the government. The Federal Bureau of Investigation led the inquiry.
Senior U.S. District Judge Frederick P. Stamp presided.
Cincinnati Woman Pleads Guilty to Role in Illegal Money Laundering SchemeRead the Press Release
‘Work From Home’ Jobs Actually Fraudulent Scheme
CINCINNATI – Shawnell Evans, 28, of Cincinnati, pleaded guilty in U.S. District Court for operating an unlicensed money transmitting business.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, and Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Field Division, announced the plea entered into today before U.S. District Senior Judge Sandra Beckwith.
Evans admitted to serving as a “money mule” for multiple fraudulent schemes through “work from home” jobs from approximately 2011 through 2013. According to court documents, during that time, Evans received instructions from a variety of different individuals via email regarding transfers of money and goods in exchange for a payment to Evans. Per the instructions, Evans would wait for money to show up on debit cards, transfer most of the money via Western Union or MoneyGram, and keep a percentage of the funds.
The defendant was also instructed to print fake company checks by downloading certain bank logos. On certain occasions, Evans received stolen credit cards as part of her money mule services and used the stolen credit cards. Evans was warned by the FBI that she was participating in facilitating certain fraud rings, but even after the warnings, Evans continued to wire the fraudulent funds and help the schemes.
Evans pleaded guilty to one count of knowingly conducting, controlling, managing, supervising, directing and owning all or part of an unlicensed money transmitting business, a crime punishable by up to five years in prison.U.S. Attorney Stewart commended the cooperative investigation by the FBI, as well as Assistant United States Attorney Timothy Mangan, who is representing the United States in this case.
Castle Rock Man Pleads Guilty to Sending Marijuana Thorugh the U.S. MailRead the Press Release
Defendant also received over $100,000 in cash through the U.S. Mail in return
DENVER – Brian Daniel Evins, age 42, of Castle Rock, Colorado, pled guilty before U.S. District Court Judge Robert E. Blackburn to three counts of possession of a controlled substance with the intent to distribute, U.S. Attorney John Walsh and Denver U.S. Postal Inspector in Charge Adam P. Behnen announced. Evins, appeared at the change of plea on April 30, 2015 before Judge Blackburn. He was at that hearing free on bond. Evins was originally indicted by a federal grand jury in Denver on February 9, 2015.
According to the stipulated facts contained in the plea agreement, on April 2, 2014, a U.S. Postal Inspector came across a suspicious mailing that may have contained narcotics or narcotic proceeds. The first package in question came from Missouri, and contained U.S. currency. The package was sent to a Commercial Mail Receiving Agency (CMRA) mailbox and was addressed to an individual from Lone Tree, Colorado. Further investigation revealed that the person who rented the CMRA mailbox used fake identification.
Inspectors conducted surveillance of the CMRA mailbox. They saw an individual driving a grey Honda Pilot come into the CMRA, pick up several packages from the CMRA mailbox, and return to his car. Inspectors traced the car to an individual named Brian Daniel Evins, of Castle Rock, Colorado. A review of Evins’ driver’s license revealed that he was the same individual who entered the CMRA and claimed parcels from the CMRA mailbox. At one point he also claimed one parcel of what appeared to be U.S. Currency that was too large to fit in his mailbox.
As the investigation continued, the Inspectors found Evins mailing parcels of marijuana from a handful of post offices in South Metro Denver during the Summer and Fall of 2014. Further, he continued to pick up parcels that appeared to be U.S. currency from his CMRA mailbox. As a result, Inspectors decided to contact him while he was collecting his mail at the mailbox.
During that contact it was determined that Evins sent via U.S. Mail over 100 outbound packages containing marijuana to various locations across the country. Further, he received over 100 inbound money parcels containing several hundreds of thousands of dollars in U.S. currency. Inspectors then conducted a search of Evins’ apartment. That search resulted in recovering 580 grams of bagged marijuana, 800 grams of marijuana extract/hash oil, 5,480 grams of marijuana edibles, for a total weight of 6,860 grams of marijuana. A search of his vehicle resulted in finding an additional 78 grams of liquid marijuana. He had previously mailed two additional packages that were seized by law enforcement. Those packages contained 3,654 grams of marijuana. In total, Inspectors learned that Evins sent 11,026 grams of marijuana. Law enforcement also had seized during the investigation over $53,000 of U.S. currency which was the proceeds from his illegal narcotics transactions. That money was forfeited to the government as part of the defendant’s plea agreement.
“As the Department of Justice has made clear, stopping the interstate transportation of marijuana is a federal priority,” said U.S. Attorney John Walsh. “When drug traffickers use the U.S. mail to violate federal drug laws, the U.S. Attorney’s Office will team up with our local, state and federal partners to hold violators accountable.”
“The defendant’s use of the U.S. Mail to send marijuana is illegal and is evidenced by his recent guilty plea to federal charges for intent to distribute” said Adam P. Behnen, Inspector in Charge, U.S. Postal Inspection Service, Denver Division. “Although some states have recently passed laws allowing their residents to possess small amounts of marijuana, it is a violation of federal statute to use the U.S. Mail to ship any and all illegal drugs.”
The defendant pled guilty to three counts of possession of a controlled substance with the intent to distribute. He faces not more than 20 years in federal prison, and up to a $1,000,000 fine per count.
This case was investigated by the U.S. Postal Inspection Service.
Evins is being prosecuted by Assistant U.S. Attorneys Kurt Bohn.
California Men Sentenced to Federal Prison for Trafficking Methamphetamine in New MexicoRead the Press Release
ALBUQUERQUE – Two residents of La Puente, Calif., were sentenced today in federal court in Las Cruces, N.M., for convictions on methamphetamine trafficking charges. Mario Llantada, 51, was sentenced to 168 months in prison followed by five years of supervised release, and Martin Llantada, 42, was sentenced to 121 months in federal prison followed by five years of supervised release.
Mario Llantada and Martin Llantada were indicted on March 19, 2014, and charged with conspiracy to distribute methamphetamine. The three-count indictment also charged Mario Llantada with money laundering and using a communication device in furtherance of a drug trafficking crime. On Aug. 14, 2014, the indictment was superseded to add a fourth count, possession of methamphetamine with intent to distribute, against Mario Llantada.
The indictments charged the defendants with participating in a conspiracy to distribute methamphetamine from Los Angeles, Calif., to Doña Ana County, N.M. As part of that conspiracy, between March 4, 2014 and March 21, 2014, the defendants, who were in California, conspired with each other to sell approximately four pounds of methamphetamine to an undercover FBI agent in Doña Ana County. The defendants were arrested on March 21, 2014, and have been in federal custody since that time.
Mario Llantada pled guilty on Sept. 23, 2014, to the four counts of the superseding indictment without the benefit of a plea agreement. His co-defendant, Martin Llantada pled guilty to conspiracy to distribute an aggregate of four pounds of methamphetamine in Doña Ana County.
This case was investigated by the Las Cruces office of the FBI, the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force and the San Bernardino Police Department, and was prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
The HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department and the Doña Ana County Sheriff’s Office. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Cahokia Man Sentenced to Prison for Destruction of EvidenceRead the Press Release
A Cahokia man, Raphael L. Harris, 22, convicted of Destruction of Evidence in violation of federal law, was sentenced to 16 months in federal prison on May 11, 2015, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today. Harris was also sentenced to 1 year supervised release to follow imprisonment, a $150 fine and a $100 special assessment. Harris pleaded guilty to the charges on January 20, 2015. Harris has been in custody since his arrest. According to court documents, Harris was with David Bradford when they saw ATF agents conducting a search at Bradford’s East St. Louis residence. Harris and Bradford left the area, and Harris traded cell phones with Bradford. Harris later disposed of the cell phone because he believed it to be tapped. Bradford was later indicted for weapon and drug offenses and is awaiting trial.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and prosecuted by Kit R. Morrissey, Assistant United States Attorney.
Broward Resident Charged in Identity Theft Tax Fraud SchemeRead the Press Release
A Broward County resident was charged in an identity theft fraud scheme, involving 734 unauthorized tax returns.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), made the announcement.
Keyiona Marvette Wright, 27, of Plantation, Florida, was charged by criminal complaint with one count of possessing fifteen or more unauthorized access devices, in violation of Title 18, United States Code, Section 1029(a)(3), and one count of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A. The defendant faces a maximum statutory sentence of ten years in prison for the unauthorized access charge, and a mandatory term of two years in prison, consecutive to any other term of imprisonment, for the aggravated identity theft charge.
According to the criminal complaint, from March 25, 2014 to May 6, 2015, forty-six federal tax returns were filed with the IRS claiming refunds of $135,196 from an IP address in Plantation, Florida. From September 16, 2014 to May 5, 2015, at least 688 rejected federal tax returns, claiming refunds of $733,276, were electronically transmitted to the IRS from this same IP address. Agents confirmed that the IP address was assigned to an apartment rented by Wright.
Based on this information, agents executed a search warrant at Wright’s residence and allegedly found four notebooks containing PII, two computers (one of which had numerous social security numbers and other PII displayed on the screen), a bag and suitcase each containing thousands of PII in paper form, multiple pre-paid/value cards and gift cards, hundreds of documents containing PII (including Department of Labor applications), and papers containing PII scattered throughout the apartment.
The complaint also alleges that agents found a laptop computer outside the searched apartment, next to the bathroom window. The complaint further alleges that the agents were able to view a video on the laptop, which showed Wright counting money.
Wright had her initial appearance on May 8, 2015 before United States Magistrate Judge Patrick M. Hunt.
Mr. Ferrer commended the investigative efforts of IRS-CI. This case is being prosecuted by Assistant U.S. Attorney Cynthia Wood.
The complaint merely contains allegations. A defendant is presumed innocent unless and until proven guilty in a court of law.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov
Broken Arrow Man Pleads Guilty to Stealing Nearly $300,000 from Supplemental Nutrition Assistance ProgramRead the Press Release
TULSA, Okla. — Milton Islam, 46, of Broken Arrow, Oklahoma and the owner of Apache Food Mart in Tulsa, Oklahoma, pleaded guilty today to stealing approximately $282,912 from the United States Department of Agriculture’s Supplemental Nutrition Assistance Program (SNAP), formerly known as Food Stamps, announced Danny C. Williams Sr., United States Attorney for the Northern District of Oklahoma.
Islam admitted that from May 26, 2011 to July 31, 2014, he stole $282,912 from SNAP using a scheme in which customers used their SNAP benefits at Apache Food Mart to receive cash, rather than nutritional assistance. The cash customers received was only half the amount that Islam received from SNAP. SNAP offers nutrition assistance to millions of eligible, low-income individuals and families.
Sentencing is set for August 11, 2015, before United States District Court Chief Judge Gregory K. Frizzell. Islam faces the statutory maximum penalty of 10 years in prison and fine of up to twice the loss amount or $565,824. In addition to prison incarceration, Islam faces a criminal forfeiture money judgment of $282,912.
The case was investigated by the United States Department of Agriculture-Office of the Inspector General. Assistant United States Attorneys Clinton J. Johnson, Shannon Cozzoni, and Catherine Depew prosecuted the case.
To report suspicious Nutrition Assistance fraud, contact the United States Department of Agriculture Office of the Inspector General at 1 (800) 424-9121. For information on SNAP, visit www.fns.usda.gov/snap.
Bridgeport, WV doctor sentenced to 5 years for unlawful prescribing practicesRead the Press Release
CLARKSBURG, WEST VIRGINIA – Dr. Edita Milan, 76, of Fairmont, West Virginia, was sentenced today to 60 months in prison for utilizing her Bridgeport, West Virginia medical practice to unlawfully distribute prescription painkillers, United States Attorney William J. Ihlenfeld, II, announced.Milan, who was found to have repeatedly prescribed excessive amounts of prescription painkillers for no legitimate medical reason, will self-report to federal prison on July 13, 2015. According to investigators, patients of Milan were routinely given prescription pills without an adequate physical examination. Additionally, Milan allowed members of her staff to utilize her D.E.A. registration number to prescribe narcotic painkillers outside the standard course of medical practice. Former employees of the doctor’s office as well as an area pharmacist were also convicted in connection with the investigation into Milan’s prescribing practices.
“Physicians and pharmacists play a key role in our efforts to address the drug epidemic in West Virginia,” said U.S. Attorney Ihlenfeld. “We have to be able to rely upon them to exercise sound judgment and uphold the standard of care that their offices demand. The U.S. Attorney’s Office remains committed to educating medical professionals on the proper prescribing and dispensing of narcotic medications and equally committed to prosecuting those that do not abide by the rules.”
Dr. Milan pled no contest in December 2014 to the following charges:
• One count of “Maintaining a Drug Involved Premises.”
• One count of “Distribution of Schedule III and IV Substances.”
• One count of “Distribution of Schedule II and IV Substances.”
• Two counts of “Distribution of Schedule II Controlled Substances.”As part of today’s sentence, Milan was also ordered to pay restitution in excess of $3,000.00 to the estate of a patient who died as a result of prescription painkillers distributed by Milan.
Assistant U.S. Attorneys John C. Parr, Andrew Cogar, and Sarah Montoro prosecuted the case on behalf of the government. The U.S. Drug Enforcement Administration and the Greater Harrison County Drug and Violent Crime Task Force, a HIDTA-funded initiative, conducted the investigation.
U.S. District Judge Irene M. Keeley presided.
Border Patrol Supervisor Charged with Stealing Social Security BenefitsRead the Press Release
LAREDO, Texas - Federal charges have been filed against James J. Doran, 54, of Laredo, alleging he committed larceny of U.S. government property by wrongfully collecting more than $108,000 in Social Security Administration (SSA) benefits, announced United States Attorney Kenneth Magidson.
The indictment was returned under seal earlier today and unsealed upon his arrest. He is expected to make his initial appearance before U.S. Magistrate Judge J. Scott Hacker tomorrow at 9:00 a.m.
If convicted, he faces up to 10 years in prison and a possible $250,000 maximum fine.
The investigation leading up to the indictment was conducted by the SSA - Office of Inspector General, Department of Homeland Security - Office of Inspector General and the Bureau of Vital Statistics Fraud Unit. Assistant U.S. Attorney Christopher A. dos Santos is prosecuting this case.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.
Blain Pennsylvania Resident Charged with Distribution of Heroin in Federal Prison FacilityRead the Press Release
WILLIAMSPORT- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a criminal drug distribution charge has been filed against Lindalee Middleton of Blain, Pennsylvania.
According to United States Attorney Peter Smith, Middleton, age 56, is charged with attempting to distribute heroin to an inmate at USP Allenwood during a visit on March 15, 2014. The government also filed a plea agreement in the case, which must be approved by the court.
The investigation was conducted by the Federal Bureau of Prisons, Special Investigative Service and the Federal Bureau of Investigation. Assistant U.S. Attorney Wayne Samuelson 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 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Belleville Man Sentenced to 15 Plus Years in Prison for Convenience Store RobberyRead the Press Release
Patrick S. McGuire, 49, of Belleville, Illinois was sentenced on May 11, 2015, in the United States District Court for the Southern District of Illinois to 188 months in prison and three years of supervised release for charges stemming from a robbery at Circle K Gas Station, located at 421 South Belt East, Belleville, IL, on July 25, 2014, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today.
Evidence showed that in the early morning hours of July 25, 2014, McGuire entered the Circle K Gas Station with a plastic bag over his head and a plastic bag covering a pointed object in his hand and demanded money from the lone clerk. McGuire got about $60 from the robbery. McGuire had been on probation for less than two weeks for a 2013 felony offense when he committed the robbery.
"As I said when I initiated this program, we will not stop our aggressive prosecutions of these cases until this scourge of robberies abates. If you are thinking about this type of opportunistic crime, be warned – federal penalties are harsh. You will serve a long time far away from your family and friends!" said United States Attorney Wigginton.
Noting McGuire’s fourteen previous felony convictions and over thirty misdemeanor convictions, the Honorable Nancy J. Rosenstengel commented that McGuire’s criminal history was "the most extensive criminal history I have seen" and called the robbery "one of many brazen robberies in this area." In sentencing McGuire to over fifteen years in prison, she stated, "I don’t think I’ve seen a case where there’s a stronger need to protect the public."
The case was investigated by the Federal Bureau of Investigation and the Belleville Police Department. The case was prosecuted by Assistant United States Attorney Laura Reppert.
Bedford County Man Sentenced for Trafficking in Counterfeit Sports ApparelRead the Press Release
JOHNSTOWN, Pa. - A resident of Everett, Pa., has been sentenced in federal court to five years probation, the first 12 months of which must be served by conditions of home confinement, a $3,000 fine, 100 hours of community service, and $113,218 restitution to the Coalition for the Advancement for the Protection of Sports Logos on his conviction of trafficking in counterfeit goods, United States Attorney David J. Hickton announced today.
United States District Judge Kim R. Gibson imposed the sentence on John F. Crawford, IV, 48.
According to information presented to the court, on Oct. 25, 2012, Crawford trafficked in various counterfeit National Football League, National Hockey League and Major League Baseball logo apparel.
Assistant United States Attorney John J. Valkovci, Jr., prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Department of Homeland Security-Homeland Security Investigations for the investigation leading to the successful prosecution of Crawford.
Another Baton Rouge Businessman Convicted of Motion Picture Tax Credit FraudRead the Press Release
BATON ROUGE, LA - United States Attorney Walt Green announced that GEORGE M. KOSTUCH, age 43, has pled guilty to one count of wire fraud in violation of Title 18, United States Code, Section 1343, in connection with a scheme to defraud the State of Louisiana’s Motion Picture Industry Development Tax Credit Program (“Tax Credit Program”). KOSTUCH faces the potential of a significant term of imprisonment, supervised release, and a substantial fine.
As described in the Bill of Information filed this past March, KOSTUCH owned and operated K2 Pictures, LLC, which provided technical services for the production of motion pictures. As KOSTUCH admitted in connection with his guilty plea in Court today, however, between June 1, 2010 and March 24, 2011, KOSTUCH, through his company, issued and delivered checks totaling approximately $539,500 for production expenditures that had not been incurred. These fraudulent checks were later used in support of fraudulent applications for film tax credits, which were submitted to the Louisiana Economic Development Office (“LED”), which issued tax credits totaling $161,850.
U.S. Attorney Walt Green stated, “This is yet another example of our commitment to prosecute abuses of the Tax Credit Program. Particularly in today’s budget climate, fraud and deceit involving the Tax Credit Program – and other fraudulent schemes that allow criminals to enrich themselves at the State’s expense – will be investigated and prosecuted to the fullest extent of the law. We appreciate the work of the FBI and the Louisiana State Inspector General’s Office in this case and the cooperation of the LED.”
Louisiana Inspector General Stephen Street commented: “Louisiana's film tax credit program cannot function as intended when people are constantly defrauding it. We are continuing to do everything we can to make sure there are criminal consequences when that happens, and today's guilty plea is the latest example of that.” Inspector General Street added: “I want to thank our partners at the FBI and United States Attorney for their usual outstanding work.”
This investigation was conducted by the FBI and the Louisiana State Inspector General’s Office and is being prosecuted by Assistant United States Attorneys Frederick A. Menner, Jr. and Paul L. Pugliese.
Alabama Woman Charged with Conspiracy in $7.5 Million Stolen Identity Tax Refund Fraud RingRead the Press Release
A Phenix City, Alabama, resident was arrested today after being indicted on April 28 by a federal grand jury sitting in the Middle District of Alabama on charges of conspiracy to defraud the United States, wire fraud and aggravated identity theft, announced Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division and U.S. Attorney George L. Beck Jr. of the Middle District of Alabama.
The indictment charges Talashia Hinton, aka LayLay and LaLa, with one count of conspiracy to defraud the United States, five counts of wire fraud and five counts of aggravated identity theft. According to the allegations in the indictment, Hinton participated in a large-scale stolen identity tax refund scheme in which more than 3,000 false tax returns for 2012 and 2013 were filed that claimed more than $7.5 million in fraudulent federal income tax refunds from the Internal Revenue Service (IRS). Hinton worked with other individuals who supplied her with IRS electronic filing identification numbers (EFINs) and stolen identities that included personal information so that Hinton could prepare and file false tax returns to claim refunds using those stolen names. Hinton directed the IRS to pay the refunds by issuing U.S. Treasury checks and direct deposits onto prepaid debit cards.
If convicted, Hinton faces a statutory maximum sentence of 20 years in prison for each wire fraud count, a statutory maximum sentence of five years in prison for the conspiracy count and a mandatory minimum sentence of two years in prison for aggravated identity theft. Hinton also faces monetary penalties, including fines, forfeiture and restitution.
Acting Assistant Attorney General Ciraolo and U.S. Attorney Beck Jr. commended special agents of IRS-Criminal Investigation, who investigated the case, and Trial Attorneys Michael C. Boteler and Gregory P. Bailey of the Tax Division and Assistant U.S. Attorney Jonathan Ross of the Middle District of Alabama, who are prosecuting the case.
The charges contained in the indictment are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Acoma Pueblo Man Sentenced for Assaulting His Intimate PartnerRead the Press Release
ALBUQUERQUE – Hugh H. Poncho, 27, a member and resident of Acoma Pueblo, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to eight months in prison followed by one year of supervised release for assaulting his intimate partner.
Poncho was arrested on Sept. 15, 2014, on a criminal complaint charging him with assaulting an intimate partner by strangulation. According to the complaint, on Sept. 11, 2014, officers of the Acoma Pueblo Tribal Police Department responded to a call reporting an assault occurring on Acoma Pueblo in Cibola County, N.M. The complaint alleged that Poncho assaulted the victim, an Acoma Pueblo woman, by punching, kicking, head-butting and strangling her.
On March 3, 2015, Poncho entered a guilty plea to a felony information and admitted assaulting the victim by pushing her and causing her to fall. Poncho also admitted kicking the victim on her legs, punching her in the face, and head-butting her in the forehead. Poncho acknowledged that the victim sustained temporary but substantial injuries as a result of the assault.
This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Acoma Pueblo Tribal Police Department, and was prosecuted by Assistant U.S. Attorney Shammara H. Henderson.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Monday 11 May 2015
Woman Sentenced for Filing False Tax ReturnsRead the Press Release
United States Attorney Deborah R. Gilg announced that today, May 11, 2015, United States District Judge John M. Gerrard sentenced Magalita Gelin, to five years’ probation with conditions that she serve 8 months of home confinement and 12 consecutive weekends in jail. Ms. Gelin was also ordered to pay $56,508 in restitution.
From February, 2009, until August, 2010, Magalita Gelin and Joshua Miles electronically filed fraudulent tax returns for a number of people and received refunds from these bogus returns. People who were generally not previously known to Miles and Gelin went to the Miles-Gelin residence in Bellevue, Nebraska, and had the bogus tax returns prepared and filed. Some individuals in whose name returns were filed were jail inmates where Miles worked. The bogus tax returns were false in a number of respects, including: (1) the returns claimed the taxpayer had worked, typically at Wendy’s, Burger King, Walmart, or Omaha Steaks, when no such employment occurred, and the corresponding W2 and claimed income and taxes withheld figures were similarly false; and (2) sometimes there was a claim of exemption for non-existent dependents.
A total of approximately 31 false tax returns were filed claiming refunds totaling approximately $111,444.00, which, in turn, caused the Internal Revenue Service to make bogus tax refund payments to Gelin and Miles totaling approximately $56,508.
“Manipulating our nation’s tax system victimizes all honest law-abiding citizens,” said Sybil A. Smith, IRS Criminal Investigation Special Agent in Charge, St. Louis Field Office.
This case was investigated by the IRS Criminal Investigation Division.
Westbrook Man Sentenced to Nine Years for Transporting Child Pornography and Making ThreatsRead the Press Release
Contact: Craig M. Wolff
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced that Michael Van Eekhout, 51, of Westbrook, Maine, was sentenced today in U.S. District Court by Judge Jon D. Levy to nine years in prison and five years of supervised release for transporting child pornography and transmitting an extortionate threat. Van Eekhout pleaded guilty to the charges on January 21, 2015.
According to court records, in late 2011, Van Eekhout, posing online under an assumed name, persuaded a woman to send him nude photographs of herself. He then told her that he would widely disseminate the photos unless she took explicit photos of herself and sent them to him. When she did so, he posted the photos online. In April 2012, he threatened to continue doing so unless she sent him more explicit photos.
In June 2014, Van Eekhout, posing as the woman, sent an undercover federal agent a digital photograph of a naked pre-pubescent female. The next month, he was interviewed during the execution of a search warrant at his Westbrook home and admitted that he had sent the photograph and had pretended to be the woman.
The investigation was conducted by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”). "Child predators are finding more and more that anonymity in their online activities is a false notion," said Bruce Foucart, special agent in charge for HSI Boston. "HSI will continue to use our unique authorities and expertise to find these predators despite their best efforts to hide their true identities."
The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. The initiative, which is led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.Waldorf Man Sentenced to over 12 Years in Prison for Armed Robbery ConspiracyRead the Press Release
Greenbelt, Maryland – U.S. District Judge Theodore D. Chuang sentenced Shawn Delonte Allen, age 40, of Waldorf, Maryland today to 150 months in prison followed by five years of supervised release for conspiring to commit the robbery of a drug dealer and for using and brandishing a firearm during a crime of violence.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Acting Special Agent in Charge Ivan Arvelo of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); and Chief Mark A. Magaw of the Prince George’s County Police Department.
According to his plea agreement, on April 11, 2014, Allen and his co-conspirators Evan Anthony Peek-Austin and Joel Varela Linares, entered the victim’s residence and awaited his arrival. As the victim arrived home, Allen approached the victim from behind and forced him at gunpoint into the residence. After zip-tying the victim’s hands, Allen, Linares and Austin questioned the victim about the location of drugs and drug proceeds. The robbers thought the victim was in possession of heroin imported from Guatemala or proceeds from heroin sales. Allen, Linares and Austin each had a handgun and threated to kill the victim if he did not produce the drugs or drug proceeds. While questioning the victim, Allen brandished his gun. Allen also heated a metal spoon and placed the hot spoon on the victim’s hands and face, demanding the victim tell them the location of the drugs and money. The victim finally told Allen and his co-conspirators that his American friend had the drugs and money and the robbers allowed the victim to call his friend, who was, in fact, a Special Agent with Homeland Security Investigations. The victim arranged to meet with the agent and told Allen and his co-conspirators that his friend would have approximately 10 kilograms of heroin.
Allen and Linares instructed the victim to drive them to the meeting location in Beltsville, Maryland. Once the HSI agent arrived, the victim met the agent and told him that Allen and his co-conspirators were going to kill him. As the HSI agent and the victim left, Allen got out of the car and brandished his gun. Linares entered another vehicle and pursued the agent’s car until he was stopped by Prince George’s County Police officers. Allen and Austin fled the meeting location and were pursued by law enforcement. They eventually ran away and Allen was subsequently apprehended by police.
Evan Anthony Peek-Austin, age 39, of Landover, Maryland, and Joel Varela Linares, age 25, of Washington, D.C., previously pleaded guilty to their roles in the robbery and are scheduled to be sentenced on June 19, 2015 at 10:00 a.m. and May 28, 2015 at 10:30 a.m., respectively.
United States Attorney Rod J. Rosenstein praised HSI Baltimore and Prince George’s County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorneys Daniel C. Gardner and Kelly O. Hayes, who prosecuted the case.
Virginia Woman Sentenced for Making False Statements in an International Terrorism InvestigationRead the Press Release
Heather Elizabeth Coffman, 29, of Glen Allen, Virginia, was sentenced today to 54 months in prison for making false statements in an international terrorism investigation.
Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Dana J. Boente of the Eastern District of Virginia and Special Agent in Charge Adam S. Lee of the FBI’s Richmond Field Office made the announcement.
Coffman pleaded guilty to a one-count criminal information on Jan. 30, 2015. According to the statement of facts filed with the plea agreement, Coffman admitted that beginning prior to June 2014 and continuing up through November 2014, she used several Facebook accounts under different names showing her support for the Islamic State of Iraq and the Levant’s (ISIL, referred to as ISIS by the defendant and within court documents) cause. These accounts also revealed the defendant’s romantic involvement with an individual referred to as “N.A.,” a foreign national living outside of the United States. In the months leading up to September 2014, Coffman and N.A. communicated almost daily via Facebook and other communications platforms. During their conversations, Coffman and N.A. explored options for N.A. to travel to Syria in order to fight for ISIS and die a “Shaheed,” referring to a martyr who dies for “jihad.”
Coffman cultivated online relationships with individuals she believed were ISIS facilitators operating in Syria. She put N.A. in contact with a facilitator to assist with his travel and eventual training with ISIS (with the Coffman’s financial assistance for travel) before he was to cross the border into Syria to fight with ISIS. This plan was moving forward when the couple’s relationship deteriorated in early September 2014, and N.A. backed out of the plans. Coffman later communicated with others about her disappointment and expressed how she wished that the plan had succeeded.
According to the plea documents, Coffman admitted that she lied during the ongoing investigation on Nov. 13, 2014, when she told FBI agents that she did not know whether N.A. had talked to anybody else who supported ISIS, and that she did not know anybody N.A. had talked to when, as Coffman well knew, she had previously put N.A. in contact with ISIS fighters and N.A., in turn, had communicated with them to facilitate N.A.’s travel to Turkey to join ISIS.
This case was investigated by FBI’s Richmond Field Office and the Richmond Joint Terrorism Task Force (JTTF). Member agencies of the Richmond JTTF who assisted in this particular investigation include Virginia State Police, Henrico County Police, Chesterfield County Police, Richmond Police, Homeland Security Investigations, U.S. Secret Service, Bureau of Alcohol Tobacco and Firearms and Explosives, Department of State Diplomatic Security Service, Transportation Security Administration and Defense Criminal Investigative Service.
The prosecution is being handled by Assistant U.S. Attorneys Michael Gill and Jessica Aber of the Eastern District of Virginia, and Trial Attorney Annamartine Salick of the National Security Division's Counterterrorism Section.
United States Sues Supply Company and Delaware County Couple for Healthcare FraudRead the Press Release
PHILADELPHIA - The United States filed a civil healthcare fraud lawsuit today against John M. Hastings and Sarah Cintron Hastings, of Drexel Hill, Pennsylvania, and their medical supply company, Diabetic Care Solutions, Inc. The complaint, announced by United States Attorney Zane David Memeger, alleges that the couple operated the company in an attempt to bypass Hastings’ exclusion from the Medicare program.
Hastings was convicted of healthcare-related criminal charges in 1999, resulting in his exclusion from Medicare. During his exclusion, the complaint alleges that Hastings operated the company from store locations in Drexel Hill and Philadelphia, Pennsylvania, and billed claims to Medicare. Although Hastings concealed his role, he controlled the company’s finances, managed its operations, and fitted and sold specialty medical shoes to nursing home residents. The company deposited Medicare payments into bank accounts that Hastings accessed. Sarah Cintron Hastings served as the company’s nominal president, allegedly to avoid detection.
The lawsuit is captioned United States of America v. John M. Hastings, Sarah Cintron Hastings, and Diabetic Care Solutions, Inc. (E.D. Pa.). To resolve the matter, the parties are asking the court to enter a consent judgment that will require defendants to pay $200,000, adhere to the rules of exclusion, and accept additional periods of exclusion.
The public can search the government’s database of excluded providers on a website, http://exclusions.oig.hhs.gov/.
The allegations arose from an investigation led by the United States Department of Health and Human Services Office of Inspector General. The case was handled by Assistant United States Attorney Michael S. Macko.
The United States filed the lawsuit under the False Claims Act. Under the False Claims Act, a person who causes false or fraudulent claims to be submitted to the government for payment is liable for three times the government’s damages, plus civil penalties for each false claim. The allegations against Hastings, Cintron Hastings, and the company are allegations only and not findings of liability.
Two Swansea Men Plead Guilty to $1.6 Million FraudRead the Press Release
Stephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced today that Qais Hussein, 44, and Majdi Odeh, 45, both of Swansea, Illinois, pled guilty to a four-count indictment charging that they along with others engaged in a conspiracy from January 2010 through July of 2012, to Unlawfully Acquire Supplemental Nutrition Assistance Program (SNAP) Benefits (formerly known as Food Stamps benefits), Aiding and Assisting in the Preparation and Presentation of False Tax Returns, and Trafficking in Counterfeit Goods.
For the SNAP benefit conspiracy charge, both Hussein and Odeh face up to 5 years in federal prison, up to a $250,000 fine, and three years of supervised release. For the tax fraud counts Hussein and Odeh face up to 3 years in federal prison, up to a $100,000, and one year of supervised release as to each of the two counts. For the trafficking in counterfeit goods charge, Hussein and Odeh face up to 10 years in federal prison, up to a $2,000,000 fine, and three years of supervised release. Both men must also pay a $400 special assessment. Sentencing will be in United States District Court on September 3, 2015, in East St. Louis, Illinois.
During their plea hearing, Hussein and Odeh, brothers, who operated businesses in East St. Louis, Illinois, known as Garden Grill Market, Inc. and Garden Grill Market II, Inc., admitted to conspiring together and with others to fraudulently traffic in and acquire over $1 million dollars in federal SNAP benefits. The prosecution advised the Court that the actual loss to the program was approximately $1.6 million and that full restitution would be sought.
SNAP benefits are similar to United States currency in that SNAP recipients can purchase food from grocery retailers at the face value of their SNAP benefits. In most states, SNAP benefits are provided to recipients on an Electronic Benefits Transfer (EBT) card that is used like a bank Automated Teller Machine (ATM) card. The SNAP recipients in Illinois receive an EBT card known as an "Illinois Link" card. Illinois SNAP recipients can use their Illinois Link card at an authorized retailer in any state.
Hussein and Odeh admitted that as part of the conspiracy, they would use Garden Grill Market Inc. and Garden Grill Market II, Inc., to unlawfully acquire SNAP benefits from customers by offering and unlawfully giving cash payments to those customers in the amount of 50 to 60 percent of the value of the Government SNAP benefits, with Hussein and Odeh keeping the difference. In addition, Hussein and Odeh fraudulently accepted SNAP benefits for ineligible items such as tobacco, cellular phones, and purses/handbags. Hussein and Odeh also admitted to buying Women, Infants and Children (WIC) vouchers by giving cash amounts less than the face value of the voucher.
As to the tax charges, Hussein and Odeh admitted that they had assisted in the preparation of two false 2010 tax returns by underreporting income generated by Garden Grill Market, Inc. and Garden Grill Market II, Inc.
As to the Trafficking in Counterfeit Goods, Hussein and Odeh admitted that from January of 2010, through July 2012 they trafficked in counterfeit goods, including watches, hats, DVDs and other items.
In addition to Hussein and Odeh, the owners of the Garden Grill stores, five employees have also been charged. Elsayed Hassan and Hossam Ahmed were charged along with Hussein and Odeh in the indictment with Conspiracy to Unlawfully Acquire Food Stamps. Albraa K. Sabrah, Alaa K.A. Jaber and Rami M. Abou Amra were all indicted separately and charged with Unauthorized Acquisition of SNAP Benefits. All five employees have also pled guilty.
United States Attorney Stephen R. Wigginton stated, "This successful investigation and prosecution is yet another step in the combined efforts of Federal law enforcement and prosecutors to unmask those who enrich themselves while others in our community who are in desperate need of assistance suffer from reduced benefits because of the fraud that is literally pillaging assistance programs. As I have said before, and it bears repeating, my office, the attorneys who prosecute these cases, and the agents who work tirelessly to investigate them simply will not stop. If you defraud the United States, we will find you, and you will be prosecuted!"
The case was investigated by agents of the U.S. Department of Agriculture – Office of Inspector General, the Internal Revenue Service – Criminal Investigation, and the U.S. Department of Homeland Security – Homeland Security Investigations. The case is being prosecuted by Assistant United States Attorneys Ranley R. Killian and William E. Coonan.
Two Scranton Men Charged with Sex Trafficking of A MinorRead the Press Release
HARRISBURG -The United States Attorney’s Office for the Middle District of Pennsylvania announced that two Scranton men were indicted on April 28, 2015, by a federal grand jury for sex trafficking of a minor and conspiracy to commit sex trafficking of minor and related charges.
According to United States Attorney Peter Smith, the grand jury alleges that Jimmy Cantelmo, age 26, and Mark Matis a/k/a “Koolaid,” age 26, conspired with each other and others to persuade a female minor to engage in prostitution and illegal sexual activity during February through August 2014. The indictment alleges that the defendants and/or their co-conspirators used a cell phone to post advertisements for “escort services” involving the minor female on a website, rented motel rooms in Lackawanna and Luzerne Counties to facilitate the prostitution activities, purchased condoms for the minor to use when engaging in commercial sex acts, and acted as “bodyguards” for the minor during prostitution activities.
James Cantelmo and Matis are formally charged with Conspiracy to Commit Sex Trafficking of a Minor and Sex Trafficking of a Minor as aiders and abettors. Cantelmo is also charged with attempting to commit sex trafficking of a minor on August 26, 2014, and using a means and facility of interstate commerce to attempt to persuade and induce a minor to engage in prostitution on August 26, 2014.
Cantelmo was arrested last week and Matis will be arraigned this morning before U.S. Magistrate Judge Karoline Mehalchick.
The charges stem from an investigation by Homeland Security Investigators and the Pennsylvania State Police.
Each charge is punishable by a mandatory minimum sentence of 10 years in prison and a possible maximum sentence of life in prison.
This case was brought as part of the U.S. Attorney’s Office 2015 Human Trafficking Initiative and 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."
The case is being prosecuted by Assistant U.S. Attorney Francis P. Sempa.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
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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