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12 June 2015
Alamance County Resident Sentenced for Medicaid FraudRead the Press Release
GREENSBORO, N.C. - United States Attorney Ripley Rand of the Middle District of North Carolina announced today that a Tracie Yvette Clay, 46, was sentenced on June 11, 2015, for Medicaid fraud.
Clay was sentenced by Chief United States District Court Judge William L. Osteen, Jr., to 70 months confinement, a special assessment of 300.00, and 3 years supervised release. Clay must also pay $990,099.58 in restitution to the North Carolina Medicaid program.
Clay pleaded guilty on September 2, 2014, to three health care fraud charges in connection with a scheme to defraud the North Carolina State Medicaid program through the fraudulent provision of behavioral health services. The scheme involved NC Behavioral Health and Counseling Services, Inc., a business incorporated by Clay in February, 2011; Clay was the sole incorporator and was listed as "Pres-CEO." The business was established for administrative purposes and would not offer professional services according to the incorporation papers. Clay submitted billings for Medicaid payments to the North Carolina Division of Medical Assistance. Clay also submitted claims for mental health treatment using "clients" who never received services from NC Behavioral and were unaware that someone was using their Medicaid identification numbers.
United States Attorney Rand stated, "Instead of working within the mission of Medicaid to help the poor, the elderly, and the disabled obtain necessary medical services, this defendant defrauded both the victims and the taxpayers. We will continue to work effectively with our partners to hold those who prey upon vulnerable populations accountable, and we will do everything we can to return much needed funding to the program."
The case was investigated by the North Carolina Medicaid Investigations Division and the Internal Revenue Service, Criminal Investigation Division. The case was prosecuted by Assistant United States Attorney Robert M. Hamilton, and Daniel Spillman and Michael Heavner, Special Assistant United States Attorneys/Assistant Attorney Generals of the Medicaid Investigations Division of the North Carolina Attorney General’s Office.
Attachment: 1:14CR261 Factual Basis
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11 June 2015
Wilkes-Barre Man Charged with Illegal Possession of A FirearmRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today a felony Criminal Information was filed late yesterday in U.S. District Court in Scranton charging Jorge Mojica, age 24, of Wilkes-Barre, Pennsylvania, with possessing and brandishing a firearm in furtherance of drug trafficking from July 2013 to April 2014.
United States Attorney Peter Smith stated that the charge is the result of an investigation conducted by the Wilkes-Barre Police Department, the Pennsylvania State Police, the Luzerne County District Attorney’s Office, and the Bureau of Alcohol, Tobacco and Firearms (ATF). Prosecution is assigned to Special Assistant United States Attorney Jill Matthews of the Luzerne County District Attorney’s Office and Assistant United States Attorney Todd K. Hinkley.
As part of the criminal charge, the government is seeking forfeiture of a .40 caliber handgun with an altered serial number and a 9 mm rifle seized by the Wilkes-Barre Police and Pennsylvania State Police at the time of the defendant’s arrest on April 17, 2014. Mojica has been held in custody on local charges since the arrest.
Filed with the Criminal Information, the government filed a plea agreement which is subject to the approval of the court.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court. If found guilty, Mojica faces a mandatory minimum sentence of seven (7) years, and a statutory maximum sentence of life in prison and $250,000 in fines.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this particular case, the maximum penalty under the federal statute is life 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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Virginia Teen Pleads Guilty to Providing Material Support to ISILRead the Press Release
Seventeen-year-old Facilitated Travel to Syria for 18-year-old Prince William County, Virginia, Resident
Ali Shukri Amin, 17, of Manassas, Virginia, pleaded guilty today to charges of conspiring to provide material support and resources to the Islamic State in Iraq and the Levant (ISIL), a designated foreign terrorist organization.
Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Dana J. Boente of the Eastern District of Virginia and Assistant Director in Charge Andrew McCabe of the FBI’s Washington, D.C., Field Office.
“Ali Shukri Amin is a 17-year-old American who pleaded guilty to providing material support to ISIL, and he used social media to do so,” said Assistant Attorney General Carlin. “Around the nation, we are seeing ISIL use social media to reach out from the other side of the world. Their messages are reaching America in an attempt to radicalize, recruit and incite our youth and others to support ISIL's violent causes. This case serves as a wake-up call that ISIL's propaganda and recruitment materials are in your communities and being viewed by your youth. This challenge requires parental and community awareness and action to confront and deter this threat wherever it surfaces.”
“Today’s guilty plea demonstrates that those who use social media as a tool to provide support and resources to ISIL will be identified and prosecuted with no less vigilance than those who travel to take up arms with ISIL,” said U.S. Attorney Boente. “The Department of Justice will continue to pursue those that travel to fight against the United States and our allies, as well as those individuals that recruit others on behalf of ISIL in the homeland, and prosecute them to the full extent of the law.”
In a statement of facts filed with the plea agreement, Amin admitted to using Twitter to provide advice and encouragement to ISIL and its supporters. Amin, who used the Twitter handle @Amreekiwitness, provided instruction on how to use Bitcoin, a virtual currency, to mask the provision of funds to ISIL, as well as facilitation to ISIL supporters seeking to travel to Syria to fight with ISIL. Additionally, Amin admitted that he facilitated travel for Reza Niknejad, an 18-year-old Prince William County resident who traveled to Syria to join ISIL in January 2015. Niknejad was charged yesterday in the Eastern District of Virginia with conspiring to provide material support to terrorists, conspiring to provide material support to ISIL and conspiring to kill and injure people abroad.
Amin’s plea was accepted by U.S. District Court Judge Claude M. Hilton of the Eastern District of Virginia. Amin was charged by criminal information during the court hearing today, and faces a maximum penalty of 15 years in prison if convicted. 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.
This case was investigated by the FBI’s Washington, D.C., Field Office. Assistant U.S. Attorney Michael P. Ben’Ary and Special Assistant U.S. Attorney Caroline H. Friedman of the Eastern District of Virginia are prosecuting the case, with the assistance of Trial Attorney Stephen Sewell of the National Security Division’s Counterterrorism Section.
Amin Plea Agreement
Amin Statement of Facts
Violent Loan Sharks Get Long Prison TermsRead the Press Release
PHILADELPHIA – The leaders of a violent loan sharking and illegal gambling ring that operated out of several Philadelphia businesses were sentenced today by U.S. District Court Judge William Yohn in Philadelphia, PA. Ylli Gjeli, 49, of Philadelphia, was sentenced today to 168 months in prison. Fatimir Mustafaraj, 42, also of Philadelphia, was sentenced to 147 months in prison. The defendants generated money by making and collecting on loans with usurious rates of interest; using intimidation, threats, and violence to make and collect on loans; and making loans to betting customers whose debts were incurred through the enterprise’s illegal gambling business.
On December 15, 2014, a federal jury returned guilty verdicts against Gjeli, Mustafaraj and their co-defendants, Gezim Asllani and Rezart Rahmi Telushi, on charges of racketeering conspiracy, racketeering collection of unlawful debt, and collections of extensions of credit by extortionate means. Gjeli, Mustafaraj, and Asllani were also convicted of making extortionate extensions of credit; and Gjeli and Mustafaraj were also convicted of operating an illegal gambling business. Evidence presented at trial established that from October 2011 to 2013, the enterprise extended 125 usurious loans totaling $1.78 million with annual interest rates ranging from 104 percent to 395 percent. And, from February 2007 to August 2013, the organization’s online sports betting website contributed more than $2.9 million in gross profits. The Lion Bar & Grill in Philadelphia was used as a front for the enterprise. The enterprise also used Blackbird Café and “Ylli’s 2 Brothers” to conduct illegal loan sharking and gambling activities.
Gjeli was a leader and “boss” of the multi-million dollar criminal organization; Mustafaraj, a/k/a “Tony,” was a leader and “muscle.” Both directed other members in the loan sharking activities and illegal gambling business, approved loans, used intimidation and threats of violence against customers, collected weekly loan payments, physically assaulted subordinate members and associates, supervised the illegal gambling business, provided cash to pay customer’s gambling wins and otherwise financed the gambling business, collected gambling debts, and made loans to customers whose debts were incurred through the illegal gambling business. Asllani and Telushi were debt collectors who assisted Gjeli and Mustafaraj in making loans and regularly collected weekly loan payments from customers.
Members and associates of the enterprise cultivated their reputation for violence by threatening customers with dangerous weapons such as a firearm and hatchet; using implied threats and intimidation; telling customers that if they did not pay their debts someone would kill them, “break your legs,” or physically harm them or their family members in some other way; and physically assaulting subordinate members and associates.
The defendants attempted to conceal the existence and operations of the enterprise from law enforcement by: limiting their discussions of criminal activities when on the phone using cryptic and coded language to describe criminal activities; conducting pat-downs and body searches of customers to check for weapons and recording devices; and conducting the enterprise’s transactions primarily in cash.
A sentencing hearing is scheduled for June 15, 2015 for Telushi and for September 3, 2015 for Asllani. Five co-defendants who pleaded guilty are also awaiting sentencing.
The case was investigated by the Federal Bureau of Investigation, Internal Revenue Service Criminal Investigations, Pennsylvania State Police, Montgomery County Detectives, and the New Jersey State Police. It is being prosecuted by Assistant United States Attorneys Salvatore L. Astolfi and Jerome Maiatico and Trial Attorney Margaret Vierbuchen from the Department of Justice Organized Crime & Gang Section.
Utah Man Sentenced to 27 Months in Federal Prison for Possession of Unregistered Destructive DeviceRead the Press Release
John Huggins, 48, of Tremonton, Utah, was sentenced to 27 months in federal prison for possession of an unregistered destructive device, announced Assistant Attorney General for National Security John P. Carlin and U.S. Attorney Carlie Christensen of the District of Utah.
In July 2014, Huggins was charged in an indictment with possession of an unregistered destructive device, possession of an explosive by a restricted person, and unlawful distribution of information relating to the manufacture and use of explosives or destructive devices. Huggins pleaded guilty in February 2015 to possession of an unregistered destructive device.
Huggins admitted in court documents that in July 2014, he possessed a partially assembled explosive device, and that he possessed the knowledge and the materials necessary, including an explosive substance, to readily assemble the device into a functioning explosive device.
According to a sentencing memorandum filed in the case, law enforcement officers received information from a confidential informant that Huggins was planning to use explosives to target the Tremonton Police Department. The FBI then made contact with the defendant through another confidential informant. This confidential informant met with Huggins and purchased a thumb drive containing references on how to start and train militias, and how to produce explosives. An undercover agent, posing as a representative of an anti-government militia group, was introduced to the defendant and told Huggins he was looking for someone who could make explosives and train people in his group. Huggins responded that he could do that, according to the sentencing memorandum. Huggins described what he could do and expressed an extreme dislike of law enforcement based on prior interactions with police officers.
During a second meeting with the undercover agent, Huggins went to great lengths to convince the undercover agent that he could build explosives capable of killing people. The defendant offered to come and train the undercover agent’s group for a month for a fee. Huggins also presented and sold a notebook to the undercover agent. The notebook included drawings detailing explosives production and writings on topics such as explosive theory and how to produce different types of explosives.
Huggins was arrested in July 2014. According to court filings, he admitted that he was meeting with a man he believed to be a member of an extremist militia group. He admitted that although he did not provide the undercover agent with an explosive device at their meeting, he did have an inert explosive device in his trailer that he planned to show the undercover agent. He admitted that the device would need to be loaded first to become a bomb, but that all of the necessary components to fully assemble the explosive device were at his residence.
A further search of Huggins’ trailer yielded notebooks containing entries ranging from anti-government ideology to a system to watch and track police officers.
The case was investigated by members of the FBI’s Joint Terrorism Task Force, the Utah Department of Public Safety and the Tremonton Police Department. The case was prosecuted by Assistant U.S. Attorneys Andrew R. Choate and Carlos A. Esqueda of the District of Utah, and Trial Attorney Clem McGovern of the National Security Division’s Counterterrorism Section.
Union County, New Jersey, Man Admits Smuggling $65 Million in Sensitive Electronic Components to Russia’s Ministry of Defense, Federal Security ServiceRead the Press Release
Played Key Role in Illegal International Procurement Network
NEWARK, N.J. – A Mountainside, New Jersey, man today admitted his role in an international procurement network that obtained and smuggled more than $65 million worth of electronics from the United States to Russia in violation of export control laws, U.S. Attorney Paul J. Fishman announced.
Alexander Brazhnikov Jr., 36, a naturalized United States citizen born in Moscow, pleaded guilty before U.S. District Judge William J. Martini in Newark federal court to an information charging him with one count of conspiracy to commit money laundering, one count of conspiracy to smuggle electronics from the United States, and one count of conspiracy to violate the International Emergency Economic Powers Act (IEEPA).
“As he admitted in court, Brazhnikov was responsible for nearly 2,000 illegal shipments of regulated, sensitive electronics components, many of which wound up in the hands of Russian military and security forces,” U.S. Attorney Fishman said. “He also admitted going to extraordinary lengths to conceal the nature and destination of the shipments, as well to hide the tens of millions of dollars in illegal proceeds generated by the scheme. Shutting down schemes like this keep all of us safer.”
“Alexander Brazhnikov Jr. significantly undermined the national security of the U.S. by procuring sophisticated, high-tech electronic components and smuggling them into Russia, thereby enhancing the capabilities of the Russian Intelligence Service, and contributing to the modernization of both the Russian Military Service and the Russian Nuclear Weapons Program,” Richard M. Frankel, FBI Special Agent in Charge, Newark, said. “Now, Brazhnikov must face the consequences of his actions and the full power of U.S. jurisprudence.”
Brazhnikov Jr. was arrested at his home on June 26, 2014, following a joint investigation by the FBI, the U.S. Department of Commerce (DOC), and the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). From January 2008 through June 2014, he was the owner, chief executive officer, and principal operator of four New Jersey microelectronics export companies, each of which were used in the various conspiracies uncovered by the investigation. Following his arrest, special agents seized $4,075,237 in proceeds related to the charged offenses, as well as real property and other assets valued at more than $600,000.
“Today's plea represents a collaborative effort among law enforcement agencies,” Sidney Simon, Special Agent in Charge of the U.S. Department of Commerce, Bureau of Industry and Security, Office of Export Enforcement, New York Field Office, said. “I commend our colleagues at the FBI and Homeland Security Investigations for their efforts. The Office of Export Enforcement will continue to pursue violators of our export control laws by leveraging our unique authorities to protect national security.”
“HSI will use all the resources at its disposal to prevent sensitive and restricted technology from being exported illegally,” Acting Special Agent in Charge Kevin Kelly, HIS, Newark, said. “HSI will do all in its power as the principal enforcer of export controls to ensure that sensitive technology doesn’t fall into the wrong hands.”
According to documents filed in this case and statements made in court:
Brazhnikov Jr. and his companies are part of a sophisticated procurement network that has surreptitiously acquired large quantities of license-controlled electronic components from American manufacturers and vendors and exported those items to Russia on behalf of Russian business entities that were authorized to supply them to the Ministry of Defense of the Russian Federation, the Federal Security Service of the Russian Federation (the FSB), and Russian entities involved in the design of nuclear warheads, weapons, and tactical platforms.
The defendant conspired with his father, Alexander Brazhnikov Sr., owner of a Moscow-based procurement firm whose agents helped initiate the purchase of electronics components from United States vendors and manufacturers on behalf of the conspirators’ clients in Russia. Brazhnikov Jr. finalized the purchase and acquisition of the requested components from the various distributors, then repackaged and shipped them to Moscow. He routinely falsified the true identity of the end-user of the components and the true value of the components in order to avoid filling out required export control forms. Brazhnikov Jr. purposefully concealed the true destination of the parts that were exported by directing that the shipments be sent to various “shell” addresses in Russia – some of which have been identified as vacant storefronts and apartments – which were established and controlled by the Moscow-based network. All shipments initially directed to the shell addresses were redirected to a central warehouse controlled by the conspirators’ Moscow-based network.
The funds for the network’s illicit transactions were obtained from the various Russian purchases and initially deposited into one of the conspirators’ primary Russia-based accounts. Disbursements for purchases were made from that primary Russian account through one or more foreign accounts held by shell corporations in the British Virgin Islands, Latvia, Marshall Islands, Panama, Ireland, England, United Arab Emirates, and Belize, and ultimately into one of the defendant’s U.S.-based accounts. The network’s creation and use of dozens of bank accounts and shell companies abroad was intended to conceal the true sources of funds in Russia, as well as the identities of the various Russian defense contracting firms receiving U.S. electronics components.
The money laundering conspiracy charge to which Brazhnikov Jr. pleaded guilty carries a maximum potential penalty of 20 years in prison and a $500,000 fine. The smuggling and IEEPA conspiracy charges carry a maximum potential penalty, per count, of five years in prison and a $250,000 fine. Sentencing is scheduled for Sept. 15, 2015. Brazhnikov Jr. also agreed to the entry of a forfeiture money judgment of $65 million.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Frankel in Newark; the U.S. Department of Commerce, under the direction of Special Agent in Charge Simon, New York Field Office; special agents of HSI, under the direction of Acting Special Agent in Charge Kelly. He also thanked officers from the Union County Police Department, under the direction of Captain Chris Debbie; and officers of the Mountainside Police Department, under the direction of Police Chief Allan Attanasio, for their important contributions to the investigation. The U.S. Justice Department’s Office of International Affairs provided assistance with this case.
The government is represented by Assistant U.S. Attorneys Dennis C. Carletta of the U.S. Attorney’s Office National Security Unit, and Peter Gaeta of the office’s Asset Forfeiture and Money Laundering Unit in Newark.
Defense counsel: Jack Arseneault Esq., Chatham, New Jersey
The Executive Office for Immigration Review to Host Stakeholder Teleconference and Webinar on Recognition and Accreditation ProgramRead the Press Release
SUMMARY: The Executive Office for Immigration Review (EOIR) invites interested parties to participate in a teleconference and webinar providing a general overview of EOIR’s recognition and accreditation program. This event is intended to educate interested parties about the process for obtaining recognition for an organization and accreditation for individuals.
DATE: Friday, June 19, 2015, at 2 p.m.
RSVP: To RSVP for the meeting, please contact Lauren Alder Reid, Counsel for Legislative and Public Affairs at 703-305-0289 or email [email protected] by noon on Wednesday, June 17, 2015. Please note that there will be no in-person attendance for this event. EOIR will send call-in and web access information on Thursday, June 18, to those who RSVP. To attend the meeting via conference call and web, please RSVP with the name(s) of the attendee(s), the attendee’s organization, and an email address where instructions may be sent for accessing the conference call and web meeting.- EOIR -
The Executive Office for Immigration Review (EOIR) is an agency within the Department of Justice. Under delegated authority from the Attorney General, immigration judges and the Board of Immigration Appeals interpret and adjudicate immigration cases according to United States immigration laws. EOIR's immigration judges conduct administrative court proceedings in immigration courts located throughout the nation. They determine whether foreign-born individuals—whom the Department of Homeland Security charges with violating immigration law—should be ordered removed from the United States or should be granted relief from removal and be permitted to remain in this country. The Board of Immigration Appeals primarily reviews appeals of decisions by immigration judges. EOIR's Office of the Chief Administrative Hearing Officer adjudicates immigration-related employment cases. EOIR is committed to ensuring fairness in all of the cases it adjudicates.
Texas Man Pleads Guilty to Drug Conspiracy ChargesRead the Press Release
Woodrow Rutherford, 72, from Houston, Texas, pled guilty in federal district court, in East St. Louis, Illinois, to one count of Conspiracy to Distribute and Possess with Intent to Distribute a Controlled Substance and one count of Interstate Travel in Aid of Racketeering, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today.
Rutherford will be sentenced on October 8, 2015, at 9 a.m. before Chief Judge Michael J. Reagan. Facts presented in court revealed that Rutherford drove from Texas to Chicago at the behest of drug organization to collect money from the sale of marijuana. After collecting approximately $103,000 in drug proceeds, Rutherford then traveled through Madison County, Illinois, where his vehicle was stopped by law enforcement officials and the drug proceeds recovered.
This case was investigated by the Drug Enforcement Administration and prosecuted by Assistant United States Attorney Daniel T. Kapsak.
Smith County Woman Sentenced for Wire FraudRead the Press Release
TYLER, Texas – A 54-year-old Tyler, Texas, woman has been sentenced for wire fraud in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Tammy Ogden pleaded guilty on Dec. 15, 2015, to wire fraud and was sentenced to 27 months in federal prison on June 10, 2015 by U.S. District Judge Leonard E. Davis. Ogden was also ordered to pay restitution in the amount of $136,237.75.
According to information presented in court, from July 2009 to November 2012, Ogden was employed by a professional cleaning and restoration company that performs water, fire, and storm damage restoration. During this time, she devised and executed a scheme to defraud her employer by offering unauthorized discounts to customers, creating fraudulent invoices and receipts, obtaining payments, and embezzling the proceeds.
This case was investigated by the Smith County Sheriff’s Office and the U.S. Secret Service and was prosecuted by Assistant U.S. Attorney Nathaniel C. Kummerfeld.
Settlement Reached in Medicare Fraud Lawsuit Against Tulsa Doctor and His Medical ClinicRead the Press Release
TULSA, Okla.—United States Attorney Danny C. Williams Sr. for the Northern District of Oklahoma announced today that Jerome E. Block, M.D. and his clinic, Integrations Medical Clinic, have agreed to pay a total of $105,000 in civil penalties to settle allegations of submitting false Medicare claims to the United States.
A former employee of Dr. Block filed a qui tam civil lawsuit as a Relator, commonly known as a “Whistle Blower” complaint, in the name of the United States under the False Claims Act. The Complaint alleged that Dr. Block and his clinic violated Medicare regulations by permitting unlicensed personnel and staff to provide medical services to patients, such as taking and recording the patient’s history, including chief complaint and history of present illness, performing and recording the physical examination and performing and recording medical decision making. Thereafter, Dr. Block and his clinic submitted bills to Medicare for these services. Medicare regulations require that such services must be provided by a licensed physician or nurse practitioner to qualify for payment.
Under the False Claims Act, Dr. Block is subject to liability to the United States for civil penalties between $5,500 and $11,000 for each false claim plus three times the amount of actual damages that the United States sustained as a result of the false claims.
“This settlement demonstrates the U.S. Attorney’s Office’s commitment to combatting health care fraud. We will investigate and prosecute violators and those who abuse the system,” said U.S. Attorney Williams. “We are dedicated to protecting taxpayer money and the integrity of Medicare. When health care providers try to increase their profits by misrepresenting the services they bill to taxpayer-funded health care programs, we will do our best to make sure that they are held accountable.”
Pursuant to the False Claims Act, the Relator in the case will receive the sum of $28,350 from the settlement. U.S. Attorney Williams commended the Relator for bringing the matter to the attention of the U.S. Attorney’s Office. “We welcome and appreciate the assistance of the public in alerting us to instances where fraud is being perpetrated upon the taxpayers of the United States.”
Assistant U.S. Attorney Marianne Hardcastle handled the matter for the United States with the assistance of Patrick L. Bronaugh with the U.S. Department of Health and Human Services.
For more information on Medicare fraud, visit the website at www.stopmedicarefraud.gov. To report Medicare Fraud, call 1(800)447-8477.Sentencings for June 9 - June 10, 2015Read the Press Release
Robert Hill, 28, of Tucson, Arizona, was sentenced by Federal District Court Judge Alan B. Johnson on June 10, 2015, for conspiracy to distribute 50 grams or more of methamphetamine, and heroin. Hill was arrested in Tucson, Arizona. He received 120 months imprisonment, to be followed by five years of supervised release, and was ordered to pay a $900.00 fine and a $100.00 special assessment. This case results from an ongoing Organized Crime Drug Enforcement Task Forces (OCDETF) joint investigation conducted by the Wyoming Division of Criminal Investigation and the U.S. Drug Enforcement Administration. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
Manuel Trevizo-Beltran, 29, of Mexico, was sentenced by Federal District Court Judge Alan B. Johnson on June 9, 2015, for illegal re-entry of a previously deported alien into the United States. Trevizo-Beltran was arrested in Casper, Wyoming. He received ten months imprisonment, was ordered to pay a $100.00 special assessment and is subject to deportation upon release from custody. This case was investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement.
Scott Klingerman Sentenced to 20 Months ImprisonmentRead the Press Release
SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Scott Klingerman, 45, of South Bend, Indiana, was sentenced on June 10, 2015, for wire fraud.
Klingerman was sentenced to 20 months imprisonment and 2 years of supervised release. He was also ordered to pay restitution of $26,654.62 to the Walkerton-Lincoln Township Public Library, and $6,238.68 to the State of Indiana.
According to documents in the case, Klingerman was Interim Director of the Walkerton-Lincoln Township Public Library, in Walkerton, Indiana, from 2010 through 2013. In 2012, Klingerman used library funds to pay for personal expenses such as his health club membership, and for rooms at a hotel in Tennessee, all without authorization.
This case was the result of an investigation by the Federal Bureau of Investigation. This case was prosecuted by Assistant United States Attorney Jesse M. Barrett.
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San Jose Woman Charged with Filing False False Tax ReturnsRead the Press Release
SAN JOSE – A federal grand jury in San Francisco indicted Yolanda Aberin Scott on thirty-two counts of filing false tax returns announced United States Attorney Melinda Haag and Internal Revenue Service, Criminal Investigation, Special Agent in Charge José M. Martinez.
According to the indictment, from 2010 through 2013, Scott willfully assisted in the preparation of false and fraudulent U.S. Individual Income Tax Returns, Forms 1040. The materially false items on the returns included head of household filing status, exemptions, charitable gifts by cash, medical expenses, unreimbursed employee expenses, and mortgage interest deduction.
Scott is expected to make her initial appearance in federal court in San Jose on June 29, 2015, before the Honorable Nathanael M. Cousins, U.S. Magistrate Court Judge.
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, the defendant faces a maximum sentence of three years in prison and a fine of $250,000 for each count of filing false tax returns, in violation of 26 U.S.C. § 7206(1). However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Thomas Moore is the Assistant U.S. Attorney who is prosecuting the case. The prosecution is the result of an investigation by the Internal Revenue Service, Criminal Investigation.
Roswell Man Pleads Guilty to Violating Federal Narcotics Trafficking LawsRead the Press Release
ALBUQUERQUE – Francisco Mejia, 43, of Roswell, N.M., pled guilty today in federal court in Las Cruces, N.M., to violating federal narcotics trafficking laws. Under the terms of his plea agreement, Mejia will be sentenced to 46 months in prison followed by a term of supervised release to be determined by the court.
Mejia was arrested on March 17, 2015, on a criminal complaint charging him with possession of methamphetamine with intent to distribute and being a felon in possession of a firearm on Feb. 24, 2015, in Chaves County, N.M. According to the complaint, the New Mexico State Police executed a search warrant on Mejia’s residence and vehicles where they seized approximately 29.53 grams of methamphetamine, $5,240.00 in cash, a pistol, ammunition, and drug paraphernalia. At the time, Mejia was prohibited from possessing firearms or ammunition because he previously had been convicted of possession of a controlled substance and being a felon in possession of a firearm.
During today’s proceedings, Mejia pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. Mejia admitted that on Feb. 24, 2015, he possessed approximately 29.53 grams of methamphetamine with intent to distribute. Mejia remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Roswell office of the FBI, the Chaves County Sheriff’s Office and the New Mexico State Police. Assistant U.S. Attorney Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Roofing Company Owner Charged in Employee's Fatal FallRead the Press Release
PHILADELPHIA - James J. McCullagh, 60, of Meadowbrook, PA, was charged by indictment, unsealed today, in connection with the fatal fall of an employee, announced United States Attorney Zane David Memeger. McCullagh, who owns James J. McCullagh Roofing, is charged with with four counts of making false statements, one count of obstruction of justice, and one count of willfully violating an Occupational Safety and Health Administration (OSHA) regulation causing death to an employee.
According to the indictment, McCullagh failed to provide fall protection equipment to his employees. On June 21, 2013, one of McCullagh’s employees was killed after falling approximately 45 feet from a roof bracket scaffold while performing roofing work for McCullagh. In connection with the OSHA investigation of the fatality, McCullagh attempted to cover up his failure to provide fall protection by falsely stating, on four occasions, that he had provided fall protection equipment, including safety harnesses, to his employees. McCullagh told an OSHA Compliance Safety and Health Officer that his employees had been wearing safety harnesses tied off to an anchor point when he saw them earlier in the day prior to the fall. The indictment alleges that McCullagh knew that he had not provided fall protection to his employees and none of his employees had safety harnesses or any other form of fall protection. It is further alleged that McCullagh directed other employees to falsely state that they had fall protection, including safety harnesses, on the day of the fall.
If convicted, the defendant faces a maximum sentence of 25 years in prison, three years of supervised release, $1.5 million in fines, and a $510 special assessment.
The case was investigated by the United States Department of Labor, Office of Inspector General Labor Racketeering and Fraud Investigations and the Occupational Safety and Health Administration and is being prosecuted by Assistant United States Attorney Mary Kay Costello.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Rochelle Park, New Jersey, Man Admits Selling Bogus Construction Safety Certification CardsRead the Press Release
CAMDEN, N.J. – A Rochelle Park, New Jersey, man today admitted selling Occupational Safety and Health Administration (OSHA) certifications to New Jersey carpenters who never completed the required training, U.S. Attorney Paul J. Fishman announced.
George Bello, 44, pleaded guilty before U.S. District Judge Joseph H. Rodriguez in Camden federal court to an information charging him with making false statements in the creation and sale of construction industry certification forms, known as “OSHA 30” cards.
According to documents filed in this case and statements made in court:
The OSHA 30 training program provides construction workers with foundational knowledge and skills in occupational safety. Frederick Prinz, 38, of Marmora, New Jersey, was certified by OSHA’s Outreach Training Program (OTP) at the Rocky Mountain Education Center, in Red Rocks, Colorado, to issue workers OSHA 30 cards after they passed a 30-hour OTP training course. For a fee of $150 to $250 per card, Bello, Prinz and others sold false OSHA 30 certifications to carpenters who never completed the required training. The fees were split between Bello, Prinze and others who promoted the fraudulent cards at various work sites.
The charge to which Bello pleaded guilty carries a maximum potential penalty of five years in prison and a $250,000 fine. Sentencing is scheduled for Sept. 21, 2015. Prinz previously pleaded guilty to his role and was sentenced to two years of probation on Jan. 29, 2015.
U.S. Attorney Fishman credited special agents of the Department of Labor-Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the direction of Special Agent in Charge Cheryl Garcia, with the investigation leading to today’s guilty plea. He also thanked OSHA for its assistance.
The government is represented by V. Grady O’Malley, Senior Litigation Counsel of the U.S. Attorney’s Office Organized Crime/Gangs Unit in Newark.
Defense counsel: Raymond F. Flood Esq., Hackensack, New Jersey
Robber Dubbed “Alabama Band Robber” Sentenced to Ten Years in Prison for 2014 Bank Robbery SpreeRead the Press Release
A serial bank robber dubbed the “Alabama Band Robber” because of a hat he wore, was sentenced today in U.S. District Court in Seattle to ten years in prison for five counts of bank robbery and one count of possession of a stolen firearm, announced United States Attorney Annette L. Hayes. MICHAEL RYAN HARDESTY, 41, of Woodinville, Washington was arrested August 19, 2014, after law enforcement linked him to five bank robberies in King, Snohomish and Whatcom Counties. At sentencing U.S. District Judge Ricardo S. Martinez highlighted the impact on the victim bank tellers saying “He scared the absolute daylights out of each and every one of these victims. Many of them will live with that for many, many years.”
According to records filed in the case, HARDESTY was identified as a suspect in multiple bank robberies after the FBI released surveillance photos from the banks and dubbed him the “Alabama Band Robber” because of a hat that had the band’s distinctive name above the brim. He wore the hat in the July 11, 2014 robbery. A tipster identified the robber from the photos. HARDESTY pleaded guilty to the following robberies:
Bank of America, Martha Lake Branch, Lynnwood, July 7, 2014
Whidbey Island Bank, North Seattle Branch, July 11, 2014
Washington Federal, Bakerview Branch, Bellingham, July 18, 2014
Washington Federal, Lakeview Branch, Bellingham, July 25, 2014
Wells Fargo, Martha Lake Branch, Lynnwood, July 30, 2014
Law enforcement identified two cars associated with HARDESTY. One car was located in Burlington, Washington, but HARDESTY was able to evade police. Later, the Snohomish County Violent Offender Task Force (SCVOTF) located HARDESTY on I-5 in Snohomish County. He fled on foot and was ultimately apprehended by a K-9 who tracked him to the 12700 block of 3rd Avenue West. Law enforcement discovered a stolen firearm in HARDESTY’s belongings. HARDESTY is required to pay restitution of $34,889 – the total taken in the five robberies.
In asking the court for a sentence of more than a dozen years in prison, prosecutors noted the impact the robberies had on the victim tellers saying HARDESTY “left a trail of traumatized victims, some of whom have submitted victim statements describing how they and others have been impacted by Defendant’s criminal acts. Fortunately, no one suffered physical harm during these bank robberies, but the risk potential was obviously high.”
The case was prosecuted by Assistant United States Attorney J. Tate London.
Several agencies were involved in the bank robbery investigation, as well as searching for the suspect, including the FBI’s Seattle Safe Streets Task Force, King County Sheriff’s Office, Whatcom County Sheriff’s Office, Bellingham Police, Mt. Vernon Police, Burlington Police and Child Protective Services. The Snohomish County Violent Offender Task Force is a multi-agency unit partnership with the Snohomish County Sheriff’s Office, U.S. Marshals Service and Department of Corrections.
Retired Master Deputy Sheriff Convicted of Child Pornography ChargesRead the Press Release
A federal jury returned unanimous verdicts of guilty today against a former master deputy sheriff, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Special Agent in Charge Alysa D. Erichs of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI) Miami Field Division and Sheriff Kenneth J. Mascara of the St. Lucie County, Florida, Sheriff’s Office.
Cameron Dean Bates, 49, of Port St. Lucie, Florida, was found guilty of receiving, distributing and possessing child pornography. U.S. District Court Chief Judge K. Michael Moore of the Southern District of Florida presided over the four-day trial and set sentencing for Sept. 15, 2015.
According to testimony at trial, in March 2011, St. Lucie County Sheriff’s Office detectives and members of the South Florida Internet Crimes Against Children Task Force (ICAC) began an internet investigation using peer-to-peer (P2P) software. During this investigation, law enforcement found that between December 2010 and June 2012, several internet protocol (IP) addresses linked to Bates in both St. Lucie County and Palm Beach County were used to download and share child pornography files. Detectives reviewed a number of the files associated with the IP addresses and confirmed that the files contained child pornography.
On June 29, 2012, a search warrant was executed at Bates’ residence in Port St. Lucie. During the search, law enforcement seized a Dell laptop computer from Bates’ car. An on-sight forensic preview scan of the computer found numerous, non-deleted child pornography images and videos, which included a minor child engaging in sexually explicit conduct. A full forensic analysis of Bates’ laptop revealed numerous images and videos of child pornography, along with adult pornography personally produced by Bates.
At trial, the government also introduced evidence recovered during a search of Bates’ residence, including a Dell laptop computer, which contained numerous, non-deleted, child pornography images and videos. At least one image depicted a prepubescent child under the age of 12.
This case was investigated by the St. Lucie County Sheriff’s Office, the South Florida ICAC and ICE-HSI, with assistance from the Palm Beach County, Florida, Sheriff’s Office.
The case is being prosecuted by Trial Attorney Reginald E. Jones of the Criminal Division’s Child Exploitation and Obscenity Section and Assistant U.S. Attorney Ben Widlanski of the Southern District of Florida.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Retired Master Deputy Sheriff Convicted of Child Pornography ChargesRead the Press Release
A federal jury returned unanimous verdicts of guilty today against a former master deputy sheriff, announced U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, Special Agent in Charge Alysa D. Erichs of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI) Miami Field Division and Sheriff Kenneth J. Mascara of the St. Lucie County, Florida, Sheriff’s Office.
Cameron Dean Bates, 49, of Port St. Lucie, Florida, was found guilty of receiving, distributing and possessing child pornography. U.S. District Court Chief Judge K. Michael Moore of the Southern District of Florida presided over the four-day trial and set sentencing for Sept. 15, 2015.
According to testimony at trial, in March 2011, St. Lucie County Sheriff’s Office detectives and members of the South Florida Internet Crimes Against Children Task Force (ICAC) began an internet investigation using peer-to-peer (P2P) software. During this investigation, law enforcement found that between December 2010 and June 2012, several internet protocol (IP) addresses linked to Bates in both St. Lucie County and Palm Beach County were used to download and share child pornography files. Detectives reviewed a number of the files associated with the IP addresses and confirmed that the files contained child pornography.
On June 29, 2012, a search warrant was executed at Bates’ residence in Port St. Lucie. During the search, law enforcement seized a Dell laptop computer from Bates’ car. An on-sight forensic preview scan of the computer found numerous, non-deleted child pornography images and videos, which included a minor child engaging in sexually explicit conduct. A full forensic analysis of Bates’ laptop revealed numerous images and videos of child pornography, along with adult pornography personally produced by Bates.
At trial, the government also introduced evidence recovered during a search of Bates’ residence, including a Dell laptop computer, which contained numerous, non-deleted, child pornography images and videos. At least one image depicted a prepubescent child under the age of 12.
This case was investigated by the St. Lucie County Sheriff’s Office, the South Florida ICAC and ICE-HSI, with assistance from the Palm Beach County, Florida, Sheriff’s Office.
The case is being prosecuted by Trial Attorney Reginald E. Jones of the Criminal Division’s Child Exploitation and Obscenity Section and Assistant U.S. Attorney Ben Widlanski of the Southern District of Florida.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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.
Qazi Brothers Sentenced on Terrorism Violations and Assault on Two Deputy U.S. MarshalsRead the Press Release
Younger Sibling Plotted to Attack New York City with a Weapon of Mass Destruction
Brothers Raees Alam Qazi, 22, and Sheheryar Alam Qazi, 32, both naturalized U.S. citizens from Pakistan, were sentenced today to 35 years and 20 years in prison for terrorism violations and assaulting two Deputy U.S. Marshals while in custody, announced Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Director Stacia A. Hylton of the U.S. Marshals Service and Special Agent in Charge George L. Piro of the FBI’s Miami Division.
Raees Qazi and Sheheryar Qazi were sentenced by U.S. District Court Judge Beth Bloom of the Southern District of Florida, and their prison term will be followed by a term of 10 years and five years of supervised release, respectively.
“With the sentences handed down today, Raees Qazi and his brother Sheheryar Qazi are being held accountable for their roles in a plot to conduct a terrorist attack using a weapon of mass destruction in New York City and their assault on two federal officers during their pretrial detention,” said Assistant Attorney General Carlin. “This case highlights our commitment to pursue any individuals who would seek to conduct an attack on U.S. soil or to injure law enforcement officials who risk their lives to protect us. I want to thank the U.S. Marshals, agents, analysts, and prosecutors who are responsible for this successful result.”
“Protecting the homeland and our national security remains our number one priority,” said U.S. Attorney Ferrer. “Today’s sentences demonstrate this Office’s unwavering commitment to work with our law enforcement partners to combat all forms of terrorism by proactively finding and prosecuting those who actively seek to kill or harm innocent citizens in the name of violent extremism.”
“Today’s sentencing of the Qazi brothers represents the final chapter for two men who wished to bring harm and mass destruction to Americans on U.S. soil,” said Director Hylton. “Their sentences demonstrate that justice prevailed. I am proud of our brave men and women who participated in this process, and thank the prosecutors who worked tirelessly for this successful conclusion.”
“The threat of a terrorist attack against innocent Americans is real as demonstrated by the actions of these two brothers,” said Special Agent in Charge Piro. “The fact that their terrorist aspirations were cut short didn’t stop Raees and Sheheryar Qazi from attempting to use potentially lethal force against two U.S. Marshals while they were in custody. This case highlights outstanding work and team effort of our South Florida Joint Terrorism Task Force.”
On March 12, 2015, Raees Alam Qazi pleaded guilty to one count of conspiring to provide material support and resources to terrorists in preparation for the use of a weapon of mass destruction, one count of attempting to provide material support to a designated foreign terrorist organization and one count of conspiring to assault a federal employee. Sherheyar Alam Qazi pleaded guilty to one count of conspiring to provide material support and resources to terrorists in preparation for the use of a weapon of mass destruction and one count of conspiring to assault a federal employee.
The brothers acknowledged during the plea hearing that Raees Alam Qazi was going to initiate an attack using a weapon of mass destruction in New York City and that he had been financially and emotionally supported by his older brother, Sheheryar Alam Qazi, who encouraged him to launch the attack. Among other things, the brothers acknowledged that Sheheryar Alam Qazi had encouraged his younger brother to travel from Pakistan to Afghanistan in 2011, and that when Raees Alam Qazi had been unsuccessful in his attempt to enter Afghanistan, he returned to his older brother. The brothers acknowledged that Raees Alam Qazi had been trying to reach the “guys from Yemen” aka Al Qaeda in the Arabian Peninsula (AQAP) on the internet and that they told him not to come to Afghanistan because there were enough people, but instead suggested they do something in the United States. Raees Alam Qazi admitted that he had taken “hints” from an AQAP online publication entitled Inspire Magazine, including building an explosive device using Christmas tree light bulbs. Raees Alam Qazi also conceded that he had used information in Inspire to communicate with AQAP, and that his communications with Al Qaeda dealt with his desires to launch an attack in the United States.
The brothers acknowledged that Raees Alam Qazi travelled to New York in November 2012 to conduct an attack with a weapon of mass destruction while Sheheryar Alam Qazi actively misled friends and family members about Raees Alam Qazi’s true whereabouts and activities. The brothers acknowledged that Raees Alam Qazi called Sheheryar Alam Qazi from New York to notify him that he had not been successful in his task. Sheheryar Alam Qazi encouraged Raees Alam Qazi to return to “practice over here [Florida] then you may return [to New York] you know…. I will give you complete freedom.”
The brothers additionally admitted their participation in a conspiracy to assault federal officers. They conceded that on April 8, 2014, while being moved within the U.S. Courthouse complex in Miami, they simultaneously punched two Deputy U.S. Marshals in the face and struggled with them and attempted to use potentially lethal force on them. Raees Alam Qazi and Sheheryar Alam Qazi acknowledged that while struggling with the Deputy U.S. Marshals, the defendants simultaneously exclaimed “Allahu Akbar,” an Arabic exhortation meaning “God is Great.”
The case was investigated by the FBI’s South Florida Joint Terrorism Task Force. The case is being prosecuted by Assistant U.S. Attorneys Karen E. Gilbert and Adam S. Fels of the Southern District of Florida, and Trial Attorney Jennifer E. Levy of the National Security Division’s Counterterrorism Section.
Qazi Brothers Sentenced on Terrorism Violations and Assault on Two Deputy U.S. MarshalsRead the Press Release
Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, John Carlin, Assistant Attorney General for National Security, Stacia A. Hylton, Director of the U.S. Marshals Service, George L. Piro, Special Agent in Charge, FBI, Miami Field Office and members of the South Florida Joint Terrorism Task Force (JTTF) announce today’s sentencing of Raees Alam Qazi, a 22-year-old naturalized U.S. citizen from Pakistan, and his brother, Sheheryar Alam Qazi, a 32-year-old naturalized U.S. citizen from Pakistan.
United States District Court Judge Beth Bloom sentenced Raees Alam Qazi to 35 years in prison, to be followed by 10 years of supervised release and Sheheryar Alam Qazi to 20 years in prison, followed by five years of supervised release.
On March 12, 2015, Raees Alam Qazi plead guilty to one count of conspiring to provide material support and resources to terrorists in preparation for the use of a weapon of mass destruction, one count of attempting to provide material support to a designated foreign terrorist organization, and one count of conspiring to assault a federal employee. Sherheyar Alam Qazi plead guilty to one count of conspiring to provide material support and resources to terrorists in preparation for the use of a weapon of mass destruction and one count of conspiring to assault a federal employee.
The brothers acknowledged during the plea hearing that Raees Alam Qazi, the younger brother, was going to initiate an attack using a weapon of mass destruction in New York City and that he had been financially and emotionally supported by his older brother, Sheheryar Alam Qazi, who encouraged him to launch the attack. Among other things, the brothers acknowledged that Sheheryar Alam Qazi had encouraged his younger brother to travel from Pakistan to Afghanistan in 2011 and that when Raees Alam Qazi had been unsuccessful in his attempt to enter Afghanistan, Raees Alam Qazi returned to his older brother. The brothers acknowledged that Raees Alam Qazi had been trying to reach the “guys from Yemen” (Al Qa’ida in the Arabian Peninsula (“AQAP”)/Al Qa’ida) on the internet and that they told him not to come to Afghanistan because there were enough people but instead to do something in the United States. Raees Alam Qazi admitted that he had taken “hints” from an AQAP/Al Qa’ida online publication entitled Inspire Magazine, including building an explosive device using Christmas tree light bulbs. Raees Alam Qazi also conceded that he had used information in Inspire to communicate with AQAP/Al-Qa’ida and that his communications with Al Qa’ida dealt with his desires to launch an attack in the United States. The brothers acknowledged that Raees Alam Qazi travelled to New York in November 2012 to conduct an attack with a weapon of mass destruction while Sheheryar Alam Qazi actively misled friends and family members about Raees Alam Qazi’s true whereabouts and activities. The brothers acknowledged that Raees Alam Qazi called Sheheryar Alam Qazi from New York to notify his brother that he had not been successful in his task. Sheheryar Alam Qazi encouraged Raees Alam Qazi to return to “practice over here [Florida] then you may return [to New York] you know…. I will give you complete freedom.”
The brothers additionally admitted their participation in a conspiracy to assault federal officers. They conceded that on April 8, 2014, while being moved within the United States Courthouse complex in Miami, Florida, they simultaneously punched two deputy United States Marshals in the face and struggled with them and attempted to use potentially lethal force on them. Raees Alam Qazi and Sheheryar Alam Qazi acknowledged that while struggling with the Deputy United States Marshals, the defendants simultaneously exclaimed “Allahu Akbar,” an Arabic exhortation meaning “God is Great.”
“Protecting the homeland and our national security remains our number one priority. Today’s sentences demonstrate this Office’s unwavering commitment to work with our law enforcement partners to combat all forms of terrorism by proactively finding and prosecuting those who actively seek to kill or harm innocent citizens in the name of violent extremism,” said U.S. Attorney Ferrer.
“With the sentences handed down today, Raees Qazi and his brother Sheheryar Qazi are being held accountable for their roles in a plot to conduct a terrorist attack using a weapon of mass destruction in New York City and their assault on two federal officers during their pretrial detention,” said Assistant Attorney General Carlin. “This case highlights our commitment to pursue any individuals who would seek to conduct an attack on U.S. soil or to injure law enforcement officials who risk their lives to protect us. I want to thank the U.S. Marshals, agents, analysts, and prosecutors who are responsible for this successful result.”
“Today’s sentencing of the Qazi brothers represents the final chapter for two men who wished to bring harm and mass destruction to Americans on U.S. soil,” said U.S. Marshals Service Director Stacia A. Hylton. “Their sentences demonstrate that justice prevailed. I am proud of our brave men and women who participated in this process, and thank the prosecutors who worked tirelessly for this successful conclusion.”
“The threat of a terrorist attack against innocent Americans is real as demonstrated by the actions of these two brothers,” said George L. Piro, Special Agent in Charge, FBI Miami. “The fact that their terrorist aspirations were cut short didn’t stop Raees and Sheheryar Qazi from attempting to use potentially lethal force against two U.S. Marshals while they were in custody. This case highlights outstanding work and team effort of our South Florida Joint Terrorism Task Force.”
The case was investigated by the FBI’s South Florida Joint Terrorism Task Force. The case is being prosecuted by Assistant U.S. Attorneys Karen E. Gilbert and Adam S. Fels of the U.S. Attorney’s Office for the Southern District of Florida, and Jennifer E. Levy, Trial Attorney, Counterterrorism Section of the Justice Department’s National Security Division.
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
Puerto Rico Superior Court Judge Sentenced to 10 Years in Prison for Accepting Bribes in Connection with Vehicular Homicide TrialRead the Press Release
A Puerto Rico Superior Court Judge was sentenced today to 10 years in prison today after being convicted earlier this year of accepting bribes to acquit a businessman of vehicular homicide charges. Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney Rosa Emilia Rodríguez-Vélez of the District of Puerto Rico made the announcement.
In January, a federal jury convicted Judge Manuel Acevedo-Hernandez, 63, of Aguadilla, Puerto Rico, of conspiracy to commit federal programs bribery and receipt of a bribe by an agent of an organization receiving federal funds. Chief U.S. District Judge Aida M. Delgado of the District of Puerto Rico imposed the sentence.
Acevedo-Hernandez presided over the trial of Lutgardo Acevedo-Lopez, 39, a certified public accountant in Aguadilla, Puerto Rico. Acevedo-Lopez was charged with criminal vehicular homicide based on his role in a June 2012 collision involving the vehicle he was driving and another car, which resulted in the death of the other driver.
According to the evidence presented at trial, Acevedo-Lopez used an intermediary to bribe Acevedo-Hernandez by paying taxes owed by Acevedo-Hernandez; paying for the construction of a garage for Acevedo-Hernandez's home; and providing Acevedo-Hernandez with a motorcycle, clothing and accessories, including cufflinks and a watch. In exchange, Acevedo-Hernandez acquitted Acevedo-Lopez of all charges.
In August 2014, Acevedo-Lopez pleaded guilty to conspiracy to commit federal programs bribery and to paying a bribe to an agent of an organization receiving federal funds. Acevedo-Lopez has not yet been sentenced.
The case was investigated by the FBI’s San Juan Division. The case was prosecuted by Trial Attorneys Peter Mason and Menaka Kalaskar of the Criminal Division’s Public Integrity Section and First Assistant U.S. Attorney Timothy Henwood and Assistant U.S. Attorney Jose Capó of the District of Puerto Rico.
Puerto Rico Superior Court Judge Sentenced to 10 Years in Prison for Accepting Bribes in Connection with Vehicular Homicide TrialRead the Press Release
WASHINGTON – A Puerto Rico Superior Court Judge was sentenced today to 10 years in prison today after being convicted earlier this year of accepting bribes to acquit a businessman of vehicular homicide charges. Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney Rosa Emilia Rodríguez-Vélez of the District of Puerto Rico made the announcement.
In January, a federal jury convicted Judge Manuel Acevedo-Hernandez, 63, of Aguadilla, Puerto Rico, of conspiracy to commit federal programs bribery and receipt of a bribe by an agent of an organization receiving federal funds. Chief U.S. District Judge Aida M. Delgado of the District of Puerto Rico imposed the sentence.
Acevedo-Hernandez presided over the trial of Lutgardo Acevedo-Lopez, 39, a certified public accountant in Aguadilla, Puerto Rico. Acevedo-Lopez was charged with criminal vehicular homicide based on his role in a June 2012 collision involving the vehicle he was driving and another car, which resulted in the death of the other driver.
According to the evidence presented at trial, Acevedo-Lopez used an intermediary to bribe Acevedo-Hernandez by paying taxes owed by Acevedo-Hernandez; paying for the construction of a garage for Acevedo-Hernandez's home; and providing Acevedo-Hernandez with a motorcycle, clothing and accessories, including cufflinks and a watch. In exchange, Acevedo-Hernandez acquitted Acevedo-Lopez of all charges.
In August 2014, Acevedo-Lopez pleaded guilty to conspiracy to commit federal programs bribery and to paying a bribe to an agent of an organization receiving federal funds. Acevedo-Lopez has not yet been sentenced.
The case was investigated by the FBI’s San Juan Division. The case was prosecuted by Trial Attorneys Peter Mason and Menaka Kalaskar of the Criminal Division’s Public Integrity Section and First Assistant U.S. Attorney Timothy Henwood and Assistant U.S. Attorney Jose Capó of the District of Puerto Rico.
Prisoner sentenced to 11 years in prison for manslaughter of fellow inmateRead the Press Release
ALEXANDRIA, La. – United States Attorney Stephanie A. Finley announced today that a prisoner at the U.S. Penitentiary in Pollock, La., was sentenced to 135 months in prison for his role in the strangling death of a fellow inmate.
Refugio Junior Sanchez, 36, of Belton, Texas, was sentenced by U.S. District Judge Dee D. Drell on one count of voluntary manslaughter. He was also sentenced to three years of supervised release. According to evidence presented at the February 26, 2015 guilty plea, Sanchez and fellow inmates, Benito Flores and the victim, were assigned to a Special Housing Unit (SHU) on March 12, 2008. Penitentiary guards found Sanchez and Flores with the victim who was lying unconscious on the floor of the SHU. The inmate was transported to a hospital where he was pronounced dead. An autopsy found that the victim died of strangulation. In conjunction with physical and forensic evidence that was presented at the guilty plea hearing, Sanchez issued a written statement wherein he admitted to unlawfully killing the victim during a heated argument.
The FBI and the U.S. Bureau of Prisons conducted the investigation. Assistant U.S. Attorney Earl M. Campbell prosecuted the case.
Philadelphia Man Charged with Lying About Mother's Death and Illegally Receiving Her BenefitsRead the Press Release
PHILADELPHIA – Clarence Norwood, Jr., also known as Isaiah H. Tolson, 55, of Philadelphia, PA, was charged by information with theft of government funds and making false statements, announced United States Attorney Zane David Memeger.
According to the information, Norwood accessed his deceased mother’s bank account and improperly received the Civil Service Retirement System benefit payments intended for his mother, whose death had not been reported to the Office of Personnel Management. It is further alleged that when a letter was mailed to Norwood’s mother’s residence, Norwood falsely certified that his mother was still alive but had had a stroke and could not sign the response. Between August 2011 and November 2013, Norwood allegedly improperly received $115,440.65 in benefit payments that he was not entitled to receive.
If convicted the defendant faces a possible sentencing guideline range of at least 10 to 16 months in prison, up to three years of supervised release, and full restitution of $115,440.65.
The case was investigated by the Office of Personnel Management Office of Inspector General, and is being prosecuted by Assistant United States Attorney Alicia M. Freind.
An Information is an accusation. A defendant is presumed innocent unless and until proven guilty.
Perkasie Resident Charged with Illegal Reentry After DeportationRead the Press Release
Rodrigo Pineda-Fernance, a/k/a “Jose Morales,” a/k/a “Jose Cardona,” 50, of Perkasie, PA, was charged today by Indictment with illegal reentry after deportation, announced United States Attorney Zane David Memeger. The Indictment alleges that on or about May 7, 2015, Pineda-Fernance, an alien, and native and citizen of Honduras, was found in the United States after having been deported from the United States on or about January 29, 2010, May 24, 2013, and July 31, 2013.
If convicted the defendant faces a maximum possible sentence of 10 years.
The case was investigated by Immigration and Customs Enforcement, Enforcement and Removal Operations (“ERO”), and is being prosecuted by Assistant United States Attorney Priya T. De Souza.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Orlando Woman Indicted for Threatening the PresidentRead the Press Release
Orlando, FL – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Ruba Khandaqji (37, Celebration) with one count of making threats against the President of the United States. If convicted, she faces a maximum penalty of five years in federal prison.
According to court documents, on March 30, 2015, Khandaqji called the Osceola County Sheriff’s Office and left a threatening message about hiring a hit man to kill unnamed individuals, asking that her message be passed on to the governor. The next day, investigators with the Florida Department of Law Enforcement interviewed Khandaqji at her home. When asked if she knew why they were there, she replied, in essence, because she had threatened to kill Governor Rick Scott.
On April 1, 2015, when FDLE investigators returned to Khandaqji’s home to arrest her for threatening the governor, she reiterated her threats against him, and said that she also wanted to kill the President. Later that night, Khandaqji told a Secret Service agent that she wanted the President to be killed.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the United States Secret Service and the Florida Department of Law Enforcement. It will be prosecuted by Assistant United States Attorney Joseph M. Schuster.
Oakland Man Admits to Fraudulently Receiving Disability BenefitsRead the Press Release
Baltimore, Maryland – William Eugene Simms, age 62, of Oakland, Maryland pleaded guilty today to theft of government property.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Special Agent in Charge Michael McGill of the Social Security Administration (SSA) - Office of Inspector General, Philadelphia Field Division.
According to his plea agreement, in July 2009, Simms applied for SSA disability benefits, claiming that he was unable to work due to a back injury. In April 2010, Simms began working at an automobile salvage business and did not report this return to work to the SSA. In August 2010, Simms began receiving SSA disability benefits and stopped working for a few months. Within three months, the automobile salvage business rehired Simms, and he began working full time moving aluminum bales. The business paid Simms in cash to conceal his work from the SSA. Simms also worked odd jobs elsewhere, including scrapping metal.
Simms did not report any of his work to SSA and as a result, from August 2010 to March 2015, Simms fraudulently received $60,890 in disability benefits.
Simms faces a maximum sentence of 10 years in prison and a $250,000 fine. U.S. District Judge Ellen L. Hollander has scheduled sentencing for September 15, 2015 at 11:00 a.m.
United States Attorney Rod J. Rosenstein commended the SSA – OIG for its work in the investigation and thanked Special Assistant United States Attorney Lauren E. Perry, on detail from the Social Security Administration, who is prosecuting the case.
New York Woman Who Assisted Ponzi Schemer is SentencedRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that CHRISTINE HERNANDEZ, 43, of Yonkers, N.Y., was sentenced yesterday by U.S. District Judge Vanessa L. Bryant in Hartford to three years of probation for assisting Michael Goldberg’s decade-long Ponzi scheme.
According to court documents and statements made in court, for more than a decade, Michael Goldberg, a resident of Connecticut, ran a Ponzi scheme that took in more than $100 million from investors. The vast majority of Goldberg’s fraud involved his solicitation of individuals and organizations to invest money in the purchase of distressed assets from JP Morgan Chase Bank (“Chase”). Goldberg falsely represented to potential investors in these “Chase asset deals” that Chase had granted him a contractual right to purchase foreclosed and seized business assets from a Chase Foreclosure Manifest, which he would then resell in prearranged transactions to large, well-known corporations. Goldberg represented that his purchase and resale of these foreclosed assets would enable him to pay investors a return on capital of up to 20 percent in a short period of time, typically 90 days. In addition, Goldberg represented that Chase would refund the purchase price of any asset that could not be resold, and that therefore there was no risk to the investor that any principal investment would be lost. In fact, Goldberg had no relationship with either Chase or with the supposed purchasers of the distressed assets, and the “Chase asset deals” did not exist.
Goldberg paid investors with funds received from new investors. When his scheme was revealed, Goldberg had defrauded investors out of more than $30 million.
In 2008 and 2009, HERNANDEZ assisted Goldberg in concealing aspects of his scheme by posing as a Chase employee on three occasions at a bank branch in New York City, and also on at least one conference call, in order to confirm to investors Goldberg’s relationship with Chase so that those investors would continue to place money with Goldberg. HERNANDEZ also participated in investor phone calls under her own name and claimed to be a Chase contractor checking inventory that would be available to Goldberg’s supposed corporate “customers.”
HERNANDEZ was unaware that the Chase asset deals did not exist, but believed that she was helping to prevent investors from going directly to Chase, thereby cutting Goldberg out of the purported asset deals.
On March 23, 2015, HERNANDEZ waived her right to indictment and pleaded guilty to one count of misprision of a felony.
On September 13, 2010, Goldberg pleaded guilty to three counts of wire fraud. On May 16, 2011, he was sentenced to 120 months of imprisonment and was ordered to pay restitution in the amount of $31,023,035.40.
This matter was investigated by the Federal Bureau of Investigation and was prosecuted by Assistant U.S. Attorney David E. Novick.
New London Cocaine Trafficker Sentenced to More Than 7 Years in Federal PrisonRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that PEDRO GIL RIVERA ORTIZ, known as “Gil,” 50, of New London, was sentenced today by U.S. District Judge Vanessa L. Bryant in Hartford to 87 months of imprisonment, followed by four years of supervised release, for importing and distributing cocaine.
According to court documents and statements made in court, in early 2012, Homeland Security Investigations (“HSI”), the U.S. Secret Service and the New London Police Department initiated an investigation to combat the large-scale trafficking of heroin and cocaine from the Dominican Republic and Puerto Rico into and around southeastern Connecticut. The investigation revealed that certain members of the conspiracy coordinated the shipment of heroin, and sometimes cocaine, via human couriers from the Dominican Republic to the United States. Other members of the conspiracy obtained kilogram-quantities of cocaine in Puerto Rico and then mailed the drug to locations in and around New London where it was sold to distributors and customers. Narcotics were also obtained from sources in New York City and Rhode Island.
More than 100 individuals were charged with federal and state offenses as a result of this investigation.
The investigation revealed that RIVERA ORTIZ conspired with his nephew, Juan G. Cheverez, known as “Guinchi,” and Juan Hernandez, known as “Johnny,” to receive kilogram-quantities of cocaine in the mail from Axel Matta Figueroa, known as “Joelito,” in Puerto Rico, and then distributed the drug in southeastern Connecticut. Between November 2012 and through April 2013, Cheverez, Hernandez and RIVERA ORTIZ routinely traveled to Puerto Rico to meet with Matta Figueroa to purchase cocaine. The conspirators often packaged the cocaine at “Gil’s house,” a property in Baharona, Morovis owned by RIVERA ORTIZ, and then mailed the cocaine to locations in the U.S.
RIVERA ORTIZ has been detained since his arrest on April 3, 2013. On November 25, 2014, he pleaded guilty to one count of conspiracy to possess with the intent to distribute 500 grams or more of cocaine.
Cheverez, Hernandez and Matta Figueroa also pleaded guilty. On February 18, 2015, Cheverez was sentenced to 77 months of imprisonment and, on November 20, 2014, Matta Figueroa was sentenced to 66 months of imprisonment. Hernandez awaits sentencing.
This matter is being investigated by Homeland Security Investigations; U.S. Secret Service; U.S. Postal Inspection Service; Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Customs and Border Protection, Office of Air and Marine; Connecticut State Police; New London Police Department, Norwich Police Department, Waterford Police Department, Groton Town Police Department, East Lyme Police Department and Putnam Police Department. The United States Marshals Service; ICE Enforcement and Removal Operations; Drug Enforcement Administration; HSI Assistant Attaché, Santo Domingo, Dominican Republic; HSI Arecibo, Puerto Rico Resident Office; Internal Revenue Service – Criminal Investigation; Connecticut Department of Correction, Parole and Community Services; and the Groton City, Willimantic, New Haven and Bristol Police Departments have provided valuable assistance to the investigation.
The federal case is being prosecuted by Assistant U.S. Attorneys Sarah P. Karwan, Alina P. Reynolds and Henry K. Kopel. The state cases are being prosecuted by the State’s Attorney for the New London Judicial District and Senior Assistant State’s Attorneys Paul Narducci and Stephen Carney.
New Jersey Man Admits Smuggling $65 Million in Sensitive Electronic Components to Russia’s Ministry of Defense, Federal Security ServiceRead the Press Release
A Mountainside, New Jersey, man today admitted his role in an international procurement network that obtained and smuggled more than $65 million worth of electronics from the United States to Russia in violation of export control laws, U.S. Attorney Paul J. Fishman of the District of New Jersey announced.
Alexander Brazhnikov Jr., 36, a naturalized U.S. citizen born in Moscow, pleaded guilty before U.S. District Court Judge William J. Martini of the District of New Jersey, to an information charging him with one count of conspiracy to commit money laundering, one count of conspiracy to smuggle electronics from the United States and one count of conspiracy to violate the International Emergency Economic Powers Act (IEEPA).
“As he admitted in court, Brazhnikov was responsible for nearly 2,000 illegal shipments of regulated, sensitive electronics components, many of which wound up in the hands of Russian military and security forces,” said U.S. Attorney Fishman. “He also admitted going to extraordinary lengths to conceal the nature and destination of the shipments, as well to hide the tens of millions of dollars in illegal proceeds generated by the scheme. Shutting down schemes like this keep all of us safer.”
“Alexander Brazhnikov Jr. significantly undermined the national security of the U.S. by procuring sophisticated, high-tech electronic components and smuggling them into Russia, thereby enhancing the capabilities of the Russian Intelligence Service and contributing to the modernization of both the Russian Military Service and the Russian Nuclear Weapons Program,” said Special Agent in Charge Richard M. Frankel of the FBI’s Newark Division. “Now, Brazhnikov must face the consequences of his actions and the full power of U.S. jurisprudence.”
Brazhnikov Jr. was arrested at his home on June 26, 2014, following a joint investigation by the FBI, the U.S. Department of Commerce (DOC) and the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI). From January 2008 through June 2014, he was the owner, chief executive officer and principal operator of four New Jersey microelectronics export companies, each of which were used in the various conspiracies uncovered by the investigation. Following his arrest, special agents seized $4,075,237 in proceeds related to the charged offenses, as well as real property and other assets valued at more than $600,000.
“Today's plea represents a collaborative effort among law enforcement agencies,” said Special Agent in Charge Sidney Simon of the DOC, Bureau of Industry and Security, Office of Export Enforcement’s New York Field Office. “I commend our colleagues at the FBI and Homeland Security Investigations for their efforts. The Office of Export Enforcement will continue to pursue violators of our export control laws by leveraging our unique authorities to protect national security.”
“HSI will use all the resources at its disposal to prevent sensitive and restricted technology from being exported illegally,” said Acting Special Agent in Charge Kevin Kelly of HSI’s Newark Field Office. “HSI will do all in its power as the principal enforcer of export controls to ensure that sensitive technology doesn’t fall into the wrong hands.”
According to documents filed in this case and statements made in court: Brazhnikov Jr. and his companies are part of a sophisticated procurement network that has surreptitiously acquired large quantities of license-controlled electronic components from American manufacturers and vendors and exported those items to Russia on behalf of Russian business entities that were authorized to supply them to the Ministry of Defense of the Russian Federation, the Federal Security Service of the Russian Federation (FSB) and Russian entities involved in the design of nuclear warheads, weapons and tactical platforms.
The defendant conspired with his father, Alexander Brazhnikov Sr., owner of a Moscow-based procurement firm whose agents helped initiate the purchase of electronics components from United States vendors and manufacturers on behalf of the conspirators’ clients in Russia. Brazhnikov Jr. finalized the purchase and acquisition of the requested components from the various distributors, then repackaged and shipped them to Moscow. He routinely falsified the true identity of the end-user of the components and the true value of the components in order to avoid filling out required export control forms. Brazhnikov Jr. purposefully concealed the true destination of the parts that were exported by directing that the shipments be sent to various “shell” addresses in Russia – some of which have been identified as vacant storefronts and apartments – which were established and controlled by the Moscow-based network. All shipments initially directed to the shell addresses were redirected to a central warehouse controlled by the conspirators’ Moscow-based network.
The funds for the network’s illicit transactions were obtained from the various Russian purchases and initially deposited into one of the conspirators’ primary Russia-based accounts. Disbursements for purchases were made from that primary Russian account through one or more foreign accounts held by shell corporations in the British Virgin Islands, Latvia, Marshall Islands, Panama, Ireland, England, United Arab Emirates and Belize and ultimately into one of the defendant’s U.S.-based accounts. The network’s creation and use of dozens of bank accounts and shell companies abroad was intended to conceal the true sources of funds in Russia, as well as the identities of the various Russian defense contracting firms receiving U.S. electronics components.
The money laundering conspiracy charge to which Brazhnikov Jr. pleaded guilty carries a maximum potential penalty of 20 years in prison and a $500,000 fine. The smuggling and IEEPA conspiracy charges carry a maximum potential penalty, per count, of five years in prison and a $250,000 fine. Sentencing is scheduled for Sept. 15, 2015. Brazhnikov Jr. also agreed to the entry of a forfeiture money judgment of $65 million.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Frankel in Newark; the DOC, under the direction of Special Agent in Charge Simon, New York Field Office; special agents of ICE-HSI, under the direction of Acting Special Agent in Charge Kelly. He also thanked officers from the Union County, New Jersey, Police Department, under the direction of Captain Chris Debbie; and officers of the Mountainside Police Department, under the direction of Police Chief Allan Attanasio, for their important contributions to the investigation. The U.S. Justice Department’s Office of International Affairs provided assistance with this case.
The government is represented by Assistant U.S. Attorneys Dennis C. Carletta of the U.S. Attorney’s Office National Security Unit, and Peter Gaeta of the office’s Asset Forfeiture and Money Laundering Unit in Newark.
New Jersey Construction Company Owner Charged in Fraud on Local UniversityRead the Press Release
PHILADELPHIA - Douglas Kremer, 52, of Bloomingdale, NJ, was charged by Information with wire fraud in connection with a scheme to defraud the University of Pennsylvania, announced United States Attorney Zane David Memeger.
Kremer, as the owner of Accent Construction, provided construction and renovation services to the Sheraton University City Hotel, which is owned by the University of Pennsylvania. According to the information, between March 2013 and April 2013, Kremer was instructed by Co-conspirator 1, Kenneth Kapikian, charged elsewhere, to sign over Sheraton University City Hotel checks to him as kickbacks for a construction contract.
If convicted the defendant faces a maximum possible sentence of 20 years in prison, three years of supervised release, a fine of up to $250,000, and a $100 special assessment.
The case was investigated by Homeland Security Investigations and is being prosecuted by Assistant United States Attorney Melanie Babb Wilmoth.
An Information is an accusation. A defendant is presumed innocent unless and until proven guilty.
Medical Center Physician Appears in Court on Child Pornography ChargesRead the Press Release
GALVESTON, Texas - A pediatric oncologist at The University of Texas M.D. Anderson Cancer Center has been permitted release with several conditions following his arrest on charges of receipt and possession of child pornography, announced U.S. Attorney Kenneth Magidson.
Dennis Patrick Meehan Hughes, 49, of Pearland, appeared in federal court this afternoon for a detention and probable cause hearing before U.S. Magistrate Judge John Froeschner in Galveston. While the government moved for detention, the defense rebutted the presumption he be detained. Judge Froeschner found there was probable cause to believe Hughes committed the crimes alleged, but permitted his release, believing sufficient conditions could be imposed that would assure the safety of the community and his presence at all future court appearances. The court ordered Hughes to wear a GPS monitor at all times, not to access the Internet, surrender his passport, have no unsupervised contact with minors (except his children) and not be near places where children regularly congregate, such as schools and parks.
Law enforcement executed a federal search warrant at the residence of Hughes on June 5, 2015, after an investigation suggested he was accessing files from a website known to contain child pornography. At that time, his computers and other items were seized and he was arrested.
The criminal complaint alleges Hughes received and possessed numerous images of child pornography, to include prepubescent girls with their genitals lasciviously displayed. Some of the images also depicted young girls being penetrated, both orally and vaginally, according to the allegations. At the hearing today, the government also offered evidence that images of child pornography were found on his work computer as well.
Testimony revealed Hughes participated in numerous activities that gave him access to children. He has minor children of his own and has been an assistant coach for the Pearland Little League for the past several years. Further testimony revealed an incident in 2014 during which he pushed a child to the ground. As a result, Hughes was prohibited from being a head coach in 2015, according to testimony.
Additional information was also presented that Hughes regularly participates in childrens’ activities at St. Vincent de Paul Catholic School including the Lord’s Day Program in which he sings songs in a classroom with children. In addition, Hughes was allegedly scheduled to participate in their vacation bible school later this month. He was also a regular fixture at the children’s chapel and was known to take pictures of the children at the school.
While the facts presented in court demonstrated he had regular and frequent access to minor children through work, church and community activities, no evidence was presented today that suggested he had any inappropriate sexual contact with them.
If convicted, he faces up to 20 years for possession of child pornography and up to five years for the receipt as well as a possible $250,000 maximum fine. Upon conviction and completion of any prison term imposed, Hughes would also face a maximum of life on supervised release during which the court can impose a number of special conditions designed to protect the children and prohibit the use of the Internet. He would be required to register as a sex offender.
The allegations against Hughes are the result of an investigation conducted by members of the Houston FBI, Pearland Police
Department, Texas Department of Public Safety and the University of Texas Police Department.
This case, prosecuted by Assistant U.S. Attorney Sherri Zack, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
A criminal complaint is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Mason City Man Sentenced to 40 Years for Child Sexual Exploitation OffensesRead the Press Release
A man who sexually exploited a child and possessed child pornography was sentenced June 10, 2015 to 40 years in federal prison.
Micheal Jones, age 41, of Mason City, Iowa, received the sentence after a January 8, 2015 guilty plea to one count of sexual exploitation of a child and one count of possession of child pornography. At the guilty plea hearing, Jones admitted that, in April 2013, he sexually exploited a child by producing a sexually explicit video and photographs of that child. He also admitted that, between April 2013 and September 2014, he possessed child pornography.
Jones was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Jones was sentenced to 480 months’ imprisonment. A special assessment of $200 was imposed, and he must also serve a 10-year term of supervised release. He must comply with all sex offender registration and public notification requirements.
This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Mason City Police Department.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 14-3060.
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Marion Man Sentenced to 40 Years for Production of Child Pornography While Being Required to Register as a Sex OffenderRead the Press Release
A man who produced child pornography while being legally required to register as a sex offender was sentenced today to the legal maximum 40 years in federal prison.
Kevin Andrew Jauron, age 40, from Marion, Iowa, received the prison term after a January 8, 2015, guilty plea to one count of committing an offense involving a minor while being required to register as a sex offender.
At his guilty plea hearing, Jauron admitted that, between no later than 2013 and continuing to about May 10, 2014, he persuaded a minor to engage in sexually explicit conduct for the purpose of producing visual depictions of the conduct. Jauron also admitted that, at the time, he was required by law to register as a sex offender. According to information disclosed in court related to sentencing, Jauron used the Internet and a cell phone to pose as children in order to make initial contact with several of the victims. Jauron sexually exploited 5 minor girls as part of his offense. He produced or caused the production of sexually explicit images of 4 of the victims and had sex with 3 of them. Jauron produced at least one child pornography video depicting sadistic sexual conduct.
Jauron was required to register as a sex offender due to a September 2008 conviction in Linn County District Court for digitally penetrating a 15-year-old female.
Jauron was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Jauron was sentenced to 40 years’ imprisonment to be followed by 15 years of supervised release. There is no parole in the federal system.
Jauron is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Peter Deegan and was investigated by the Marion Police Department. The Marion Police Department is part of the Iowa Internet Crimes Against Children Task Force (Iowa ICAC). More information about the Iowa ICAC is available at: http://www.iaicac.org/Pages/welcome.aspx.
Court file information available: https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-128.
Manassas Man Pleads Guilty to Providing Material Support to ISILRead the Press Release
17-year-old Facilitated Travel to Syria for 18-year-old Prince William County Resident
ALEXANDRIA, Va. – Ali Shukri Amin, 17, of Manassas, Virginia, pleaded guilty today to charges of conspiring to provide material support and resources to the Islamic State in Iraq and the Levant (ISIL), a designated foreign terrorist organization. He will be sentenced on Aug. 28, 2015.
“Today’s guilty plea demonstrates that those who use social media as a tool to provide support and resources to ISIL will be identified and prosecuted with no less vigilance than those who travel to take up arms with ISIL,” said Dana J. Boente, U.S. Attorney for the Eastern District of Virginia. “The Department of Justice will continue to pursue those that travel to fight against the United States and our allies, as well as those individuals that recruit others on behalf of ISIL in the homeland, and prosecute them to the full extent of the law.”
“Ali Shukri Amin is a 17-year-old American who pleaded guilty to providing material support to the Islamic State in Iraq and the Levant, aka ISIL, and he used social media to do so” said John Carlin, Assistant Attorney General for National Security. “Around the nation, we are seeing ISIL use social media to reach out from the other side of the world. Their messages are reaching America in an attempt to radicalize, recruit and incite our youth and others to support ISIL's violent causes. This case serves as a wake-up call that ISIL's propaganda and recruitment materials are in your communities and being viewed by your youth. This challenge requires parental and community awareness and action to confront and deter this threat wherever it surfaces.”
“Ali Amin’s guilty plea is the latest in a series of cases that highlights the impact and danger of online extremist propaganda,” said Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office. “From the comfort of his home in Northern Virginia, Amin developed a prolific online presence which directly impacted vulnerable individuals to financially support ISIL and propelled at least one of them to travel overseas to join ISIL in Syria. The FBI, through our Joint Terrorism Task Force, is dedicated to protection the United States against the continuing evolution of ISIL and their supporters.”
“As a long standing member of the JTTF we support the investigation and prosecution of persons who pose a threat to our county and our Nation,” said Stephan Hudson, Prince William County Chief of Police. “In order to ensure our safety, it is incumbent upon all of us to pay attention and report suspicious activity to law enforcement. This case is particularly chilling in that our vulnerable young people have been targeted for participation in terrorism. Social media has many helpful applications however it can be corrupted and used for unlawful purposes. As parents, we need to do our best to monitor our children's on line activity.”
In a statement of facts filed with the plea agreement, Amin admitted to using Twitter to provide advice and encouragement to ISIL and its supporters. Amin, who used the Twitter handle @Amreekiwitness, provided instruction on how to use Bitcoin, a virtual currency, to mask the provision of funds to ISIL, as well as facilitation to ISIL supporters seeking to travel to Syria to fight with ISIL. Additionally, Amin admitted that he facilitated travel for Reza Niknejad, an 18-year-old Prince William County resident who traveled to Syria to join ISIL in January 2015. Niknejad was charged yesterday in the Eastern District of Virginia with conspiring to provide material support to terrorists, conspiring to provide material support to ISIL, and conspiring to kill and injure people abroad.
Amin was charged by criminal information during the court hearing today, and faces a maximum penalty of 15 years in prison if convicted. 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.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office; and Stephan Hudson, Prince William County Chief of Police, made the announcement after the plea was accepted by U.S. District Judge Claude M. Hilton.
This case was investigated by the FBI’s Washington Field Office. Assistant U.S. Attorney Michael P. Ben’Ary and Special Assistant U.S. Attorney Caroline H. Friedman are prosecuting the case. Substantial assistance was provided by Trial Attorney Stephen Sewell of the National Security Division's Counterterrorism Section.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:15-cr-164.
Man Sentenced to 54 Months in Prison for Role in $4 Million Tax Fraud Scheme Involving More Than 600 Stolen Identities; Second Co-Conspirator Pleads GuiltyRead the Press Release
WILMINGTON, Del. - Charles M. Oberly, III, United States Attorney for the District of Delaware, announced that James Ekeke, age 26, of Smyrna, Georgia, was sentenced yesterday by the Honorable Leonard P. Stark, United States District Judge for the District of Delaware, to 54 months imprisonment and full restitution. The defendant pleaded guilty to violations of 18 U.S.C. § 286 (False Claims Conspiracy) and 18 U.S.C. § 1029(a)(3) (Access Device Fraud), in February 2015. The defendant is a citizen of Nigeria, and he faces deportation at the conclusion of his term of imprisonment.
According to court filings and statements at the sentencing hearing, the defendant and his co-conspirators attempted to obtain more than $4,000,000 in taxpayer funds from the United States Department of Treasury, through the filing of false tax returns. The defendant was personally responsible for purchasing and supplying more than 600 stolen identities to others, he personally filed many fraudulent tax returns, and he received a significant portion of the proceeds.
The Department of Treasury lost more than $1.2 million in taxpayer funds, and the hundreds of individuals whose identities were used suffered the compromise of their personal information. Judge Stark remarked, “The losses to the identity theft victims are hard to quantify.”
The defendant began participating in fraudulent conduct within months of entering the United States, and he continued to participate in tax fraud after one of his co-conspirators was arrested. After the arrest of separately charged and convicted co-conspirator, Festus Frimpong, the defendant changed his telephone number and his internet router, before filing additional false tax returns in 2014.
Also today, co-conspirator Victor Kwabenda Adofo Asante, a.k.a.Victor Asante, age 25, formerly of Newark, Delaware, pled guilty to violations of 18 USC § 286 (False Claims Conspiracy), and 18 USC § 1349 (Bank Fraud Conspiracy). He will be sentenced on October 1, 2015, before Honorable Leonard P. Stark. Asante faces a maximum sentence of thirty years in prison, a fine of $250,000, and 5 years of supervised release.
U.S. Attorney Oberly gave the following comments: “It is gratifying to see the United States District Court, Judge Stark, hand down a sentence of more than four years of incarceration for Mr. Ekeke. Defendants like Mr. Ekeke deserve such sentences and subsequent deportation when applicable. The American public, the ultimate victims in schemes like this need to know that defendants who engage in activities such as this will be prosecuted as felons and incarcerated. This District is committed to vigorously prosecuting defendants like Mr. Ekeke and Mr. Asante.”
“Defendants Ekeke and Asante demonstrated a blatant disregard of the integrity of the United States tax system and caused immeasurable hardship to innocent victims. IRS Criminal Investigation remains committed to the pursuit of identity theft and, together with our partners at the U.S. Attorney’s Office, we will hold those who engage in similar conduct accountable”, said Akeia Conner, IRS Criminal Investigation Special Agent in Charge, Philadelphia Field Office.
These cases are the result of an ongoing investigation conducted by the Internal Revenue Service Criminal Investigation, the United States Postal Inspection Service, and the Social Security Administration Office of the Inspector General. The cases are being prosecuted by Assistant United States Attorney Lauren Paxton.
Man Sentenced for Receipt and Possession of Child PornographyRead the Press Release
ALBANY, NEW YORK – John J. Tighe, 57, of Ballston Spa, New York, was sentenced on June 9 to 70 months in federal prison and 15 years of supervised release on child pornography charges by Senior United States District Judge Thomas J. McAvoy, announced United States Attorney Richard S. Hartunian and Andrew W. Vale, Special Agent in Charge of the Albany Division of the Federal Bureau of Investigation. Tighe must also pay $11,900 in restitution to three victims whose images he possessed and register as a sex offender.
As part of his earlier guilty plea on January 26, 2015, Tighe admitted that in June 2013 he received child pornography and that in October 2013 he possessed child pornography involving prepubescent minors and minors who had not attained 12 years of age.
This case was investigated by the New York State Police and the Federal Bureau of Investigation, and was prosecuted by Special Assistant United States Attorney Amanda W. Cox and Assistant U.S. Attorney Michael Barnett.
The case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood Marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Leaders of Violent Loan Sharking Ring Sentenced to 168 Months and 147 Months in PrisonRead the Press Release
The leaders of a violent loan sharking and illegal gambling ring that operated out of several Philadelphia businesses were sentenced today to serve 168 months and 147 months in prison, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney Zane David Memeger of the Eastern District of Pennsylvania.
Ylli Gjeli, 49, and Fatimir Mustafaraj, also known as Tony, 42, both of Philadelphia, were previously convicted following a six-week jury trial of engaging in a racketeering conspiracy, collection of unlawful debts, extortion and illegal gambling. Two other defendants were convicted of various related charges in the same trial and are scheduled to be sentenced at a later date. Gjeli and Mustafaraj were sentenced today by U.S. District Court Judge William H. Yohn Jr. of the Eastern District of Pennsylvania.
According to evidence presented at trial, the defendants’ enterprise used businesses in Philadelphia, including the Lion Bar & Grill, Blackbird Café and Ylli’s 2 Brothers, to conduct the illegal loan sharking and gambling activities. The enterprise generated money by making and collecting on loans with usurious rates of interest, and making loans to customers whose debts were incurred through the enterprise’s illegal gambling business. The evidence established that from October 2011 to 2013 alone, the enterprise extended 125 usurious loans totaling $1.78 million with annual interest rates ranging from 104 percent to 395 percent. Further, the evidence established that from February 2007 to August 2013, the organization’s online sports betting website contributed more than $2.9 million in gross profits.
The evidence showed that members and associates of the enterprise cultivated their reputations within the organization by threatening customers with dangerous weapons such as firearms and a hatchet, threatening to kill, assault or “break the legs” of delinquent customers if they did not pay their debts, and physically assaulting subordinate members and associates who stole from the organization.
According to the evidence presented at trial, Gjeli was a “boss” of the multi-million dollar criminal organization. Mustafaraj served as “muscle” to forcefully collect debts owed to the organization. Both defendants directed the other members in the loan sharking activities and illegal gambling business, financed loans and the gambling operation, used intimidation and threats of violence against customers to collect loan payments, and physically assaulted subordinate members and associates who stole from the organization.
The evidence also demonstrated that the defendants attempted to conceal the existence and operations of the enterprise from law enforcement by limiting their discussions of criminal activities when on the phone, using cryptic and coded language to describe criminal activities, conducting pat-downs and body searches of customers to check for weapons and recording devices, and conducting the enterprise’s transactions primarily in cash.
Five co-defendants who previously pleaded guilty are awaiting sentencing.
The case was investigated by the FBI, Internal Revenue Service-Criminal Investigation, the Pennsylvania State Police, Montgomery County, Pennsylvania, Detectives and the New Jersey State Police. The case is being prosecuted by Trial Attorney Margaret Vierbuchen of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys Salvatore L. Astolfi and Jerome Maiatico of the Eastern District of Pennsylvania.
Lancaster Resident Charged with Illegal Reentry After DeportationRead the Press Release
Hugo Morales-Utrera, a/k/a “Hugo Morales-Utrara,” a/k/a “Hugo Morales,” 43, of Lancaster, PA, was charged today by indictment with illegal reentry after deportation, announced United States Attorney Zane David Memeger. The indictment alleges that on or about May 11, 2015, Morales-Utrera, an alien, and native and citizen of Mexico, was found in the United States after having been deported from the United States on or September 24, 2004.
If convicted the defendant faces a maximum possible sentence of 20 years.
The case was investigated by Immigration and Customs Enforcement, Enforcement and Removal Operations (“ERO”), and is being prosecuted by Assistant United States Albert S. Glenn.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Kentucky Man Sentenced in Missoula to 15 Years in Prison for Child Porn CrimeRead the Press Release
MISSOULA – Ryan Hatfield, 25, of Mount Washington, Kentucky was sentenced today to 15 years in federal prison, followed by ten years of supervised release, for conspiracy to advertise child pornography. Hatfield was also required to forfeit his computer and hard drives that were used to commit the crime. Chief U.S. District Court Judge Dana Christensen sentenced Hatfield following a March 4, 2015, change of plea hearing, in which Hatfield pleaded guilty to the offense.
In an Offer of Proof filed by Assistant U.S. Attorney Cyndee Peterson, the government stated that if the case had proceeded to trial, the government would have proven that an invitation-only online bulletin board, referred to as Dark Moon, was created in 2011. It allowed members to advertise and exchange images of child pornography. Beginning in approximately April 2012, Hatfield became a member of the bulletin board. He made posts on the board and requested child pornography from others on the Dark Moon bulletin board. He also responded to and commented on posts of child pornography on the board. Forensic analysis revealed that he used his computer and two external hard drives to facilitate the commission of the offense.
This case was initiated under the Department of Justice’s Project Safe Childhood initiative which was launched in 2006 to combat the proliferation of technology-facilitated crimes involving the sexual exploitation of children. Through a network of federal, state and local law enforcement agencies and advocacy organizations, Project Safe Childhood attempts to protect children by investigating and prosecuting offenders involved in child sexual exploitation. It is implemented through partnerships including the Montana Internet Crimes Against Children (ICAC) Task Force. The ICAC Task Force Program was created to assist state and local law enforcement agencies by enhancing their investigative response to technology facilitated crimes against children.
Assistant United States Attorney Cyndee Peterson prosecuted this case along with Maureen Cain, of the U.S. Department of Justice Child Exploitation & Obscenity Section. Because there is no parole in the federal system, Hatfield will have to serve at least 85% of his sentence before he is released from prison.
Kay County Company and Individuals Pay $175,000 to Settle Claims of the United StatesRead the Press Release
Oklahoma City, Oklahoma – Sanford C. Coats, United States Attorney for the Western District of Oklahoma, announces that CASE SALES COMPANY, INC., GARRY DAVIS, CAROL SAWYER, and THOMAS J. MORRIS, III, have agreed to pay $175,000 to settle claims related to a debt owed to the United States.
Case Sales Company, Inc. (“Case Sales”), is an Oklahoma corporation that held five Indian oil and gas leases for wells located in the Anadarko, Oklahoma area, and was required to comply with certain reporting requirements to the U.S. Department of Interior for each well it operated. The United States alleged that from 2004 through 2009, Case Sales failed to submit timely and accurate reports. As a result, the Department of Interior assessed a civil penalty against Case Sales.
In January 2012, Case Sales filed a Petition in Kay County seeking to dissolve the corporation.Thomas J. Morris, III, was appointed as a receiver for the company.While the dissolution proceeding was pending, Morris distributed proceeds from the assignment of Indian oil and gas leases to Garry Davis, owner and president of Case Sales.The United States alleged this was a fraudulent transfer under the Federal Debt Collections Procedures Act, and in violation of the Federal Priority Statute.The United States also alleged that during the dissolution proceeding Carol Sawyer, daughter of Garry Davis and Secretary/Treasurer of Case Sales, made payments to a third party creditor in violation of the Federal Priority Statute.
In order to resolve the allegations brought by the United States, Case Sales, Davis, Sawyer and Morris paid $175,000.
In reaching this settlement, Case Sales, Davis, Sawyer and Morris did not admit liability and the government did not make any concessions regarding the legitimacy of the claims. The agreement allows the parties to avoid the delay, expense, inconvenience, and uncertainty involved in litigating the case.
This case was investigated by the Department of Interior Office of Inspector General. The case was prosecuted by Assistant United States Attorney Ronald R. Gallegos.
Justice Department Announces Investigation into Allegations of Sexual Abuse at the McPherson Women's Prison in Newport, ArkansasRead the Press Release
The Justice Department announced today that it has opened an investigation of the Arkansas Department of Corrections’ McPherson Unit, the state prison for women in Newport, Arkansas. The investigation will focus on whether women confined at McPherson have been subjected to sexual abuse and sexual harassment by correctional staff. The investigation will also examine the prison’s treatment of transgender prisoners.
The department has received numerous allegations of sexual abuse and sexual harassment of prisoners by multiple members of McPherson Unit staff. Allegations include staff engaging in sexual intercourse and other sexual acts with prisoners; exchanging commissary money for sexual favors; and inappropriately watching prisoners while they shower or change clothes, commenting on their private parts and, at times, taking photos or video for reasons unrelated to correctional goals.
“Staff sexual abuse of prisoners violates the constitutional rights of prisoners, undermines prison safety and security and can lead to other crimes,” said the head of the Civil Rights Division, Principal Deputy Assistant Attorney General Vanita Gupta. “This investigation furthers the Justice Department’s goal of zero-tolerance for sexual abuse and sexual harassment in our nation’s jails and prisons. We hope to work cooperatively with the state of Arkansas in conducting our inquiry and ensuring that prisoners in its custody are not being sexually abused.”
The department has not reached any conclusions regarding the allegations in this matter. As the investigation moves forward, the department will work to determine whether McPherson prisoners are subjected to a pattern or practice of sexual abuse and sexual misconduct in violation of their constitutional rights.
The investigation will be conducted under the Civil Rights of Institutionalized Persons Act (CRIPA). Under CRIPA, the department is authorized to investigate potential violations of the constitutional rights of prisoners in prisons or jails operated by state or local governments when there appears to be a pattern or practice of such violations. The department has conducted similar investigations in other jurisdictions, and recently entered into settlement agreements that are expected to lead to important reforms following its investigations of staff sexual abuse of women prisoners in Kansas and Alabama.
The Special Litigation Section of the Civil Rights Division is conducting this investigation. Individuals with relevant information are encouraged to contact the department via email at [email protected].
Jury Returns Guilty Verdicts for Former Sacramento County Sheriff’s Deputy and Federal Firearms Licensee in Firearm Straw-Buyer SchemeRead the Press Release
SACRAMENTO, Calif. — After a nine-day trial, a federal jury returned guilty verdicts for two defendants in a firearm straw-buyer scheme involving firearms that are not on California’s roster of approved handguns, United States Attorney Benjamin B. Wagner announced.
Former Sacramento County Sheriff’s Deputy Ryan McGowan, 33, of Elk Grove, was found guilty of one count of engaging in the business of dealing in firearms without a license and one count of conspiracy to make a false statement in federal firearms records. Federal Firearms Licensee Robert Snellings, 63, of Rancho Murieta, was found guilty of five counts of conspiracy to make false statements in federal firearms records.
Under state law, California has an approved roster of firearms that may be sold to the public. A Federal Firearms Licensee is required to make sure any handgun sold is on the approved roster. There is an exemption, however, for peace officers to purchase certain firearms known as “off-roster” firearms. Peace officers who own off-roster firearms may sell them in a private sale, as long as it is brokered by a Federal Firearms Licensee. They may not, however, use these private sales to conduct a business whose principal objective is livelihood and profit through the repetitive purchase and resale of firearms.
Because off-roster firearms cannot be purchased directly by the general public, they command high prices. According to evidence produced at trial, McGowan used his position as a sheriff’s deputy to purchase off-roster guns at the retail price, and then he resold them at an inflated price on the private market in California. From 2008 to 2011, McGowan purchased 41 handguns, many of them high-caliber guns, and sold 25 of them within a year after purchase. Thirty-three of the guns were purchased through Snellings Firearms, which was owned by co-defendant Snellings. Some of those weapons were then transferred back to Snellings personally, thereby allowing Snellings to own the weapons himself or sell them to the public.
“When law enforcement officers misuse their badges to funnel dangerous weapons to the highest bidder, they compromise the safety of the public. By putting personal profit ahead of public safety, they undermine the very essence of their duty,” said U.S. Attorney Wagner. “I want to specifically thank the Sacramento Sheriff’s Office, the Sacramento Police Department, the Sacramento County District Attorney’s Office, and other regional law enforcement agencies for their partnership in the course of this investigation.”
Both defendants were found guilty of conspiracies to make false statements in federal firearms records. In order to circumvent the restrictions on purchasing off-roster firearms, they falsely stated on the ATF Form 4473 that a police officer was the actual purchaser when buying the off-roster handgun when the actual purchaser was intended to be a non-officer who was not permitted to buy the off-roster handgun. Therefore, McGowan and other police officers were acting as a straw purchasers who then transferred the handguns to the real purchasers within a short period of time.
“The individuals who unlawfully sell firearms and falsify official firearm transaction records are in violation of the federal firearms laws and should be held accountable,” stated Acting Special Agent in Charge Eric D. Harden. “One of ATF’s top priorities is to aggressively investigate those suspects who are illegally trafficking in firearms that may ultimately end up as crime guns.”
After pleading guilty on August 28, 2012, to one count engaging in the business of dealing in firearms without a license, co-defendant Thomas Lu, 42, of Elk Grove, is scheduled for sentencing on July 9, 2015. According to court documents, Lu was a Sacramento County Sheriff’s deputy who obtained 27 off‑roster firearms and sold 23 of them, 18 of which were sold within one year.
This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives with the active involvement of the Sacramento Sheriff’s Office and the Sacramento Police Department. The Roseville Police Department and other law enforcement agencies assisted. Assistant United States Attorneys William S. Wong and Michael D. Anderson are prosecuting the case.
The defendants are scheduled to be sentenced on August 27, 2015. The maximum statutory penalty for each of the conspiracy charges is five years in prison, a $250,000 fine, and a term of supervised release. The maximum penalty for the charge of engaging in the business of dealing firearms without a license is 10 years in prison, a $250,000 fine, and a term of supervised release. The actual sentences 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.
Jury Convicts Houston Man in Alien Smuggling ConspiracyRead the Press Release
CORPUS CHRISTI, Texas – A federal jury in Corpus Christi has returned a guilty verdict against a Houston man on one count of conspiracy to transport and harbor illegal aliens following a two-day trial, announced U.S. Attorney Kenneth Magidson. The jury deliberated for only 45 minutes before ultimately convicting Eduardo Luis Pompa, 26.
During the trial, which involved the testimony of 15 government witnesses, evidence established that Pompa served as a scout for an alien smuggling organization. In that role, he would drive ahead of or behind vehicles transporting illegal aliens to look for law enforcement. Pompa served in this capacity from early 2014 until July 14, 2014, when he was arrested with nine other conspirators transporting 57 aliens to Houston. Pompa and two others served as scouts, two served as brush guides and the remaining five transported the 57 aliens in vehicles. Pompa and other conspirators picked up the illegal aliens just north of the Border Patrol checkpoint near Falfurrias and were arrested near Mathis.
Additionally, evidence also established that this criminal organization transported multiple loads of illegal aliens on a weekly and even daily basis. On one occasion - April 23, 2014 - a load driver for the organization was arrested transporting five illegal aliens near Premont. That driver attempted to flee, traveling in excess of 100 miles per hour and finally crashing into a tree, causing serious bodily injuries to the aliens. The evidence established that Pompa was working as a scout that same day, but for another load of transported aliens.
The boss of the alien smuggling organization, Homero Gonzalez-Carranza, 30, also of Houston, pleaded guilty April 27, 2015. Gonzalez-Carranza oversaw the transportation of illegal aliens from the Rio Grande Valley to Houston. Illegal aliens would be harbored at stash houses in Houston until ultimately being transported to their final destinations within the United States. He is set for sentencing July 14, 2015.
Senior U.S. District Judge Hayden Head has set Pompa’s sentencing for Aug. 18, 2015, at which time he faces up to 10 years in prison and a possible $250,000 fine. He will remain in custody pending that hearing.
The case was investigated by Homeland Security Investigations and Border Patrol as part of the South Texas Campaign. Assistant U.S. Attorney Chad W. Cowan is prosecuting the case.
Indictment Charges Philadelphia Man with Committing 11 Robberies in 10-Month SpanRead the Press Release
PHILADELPHIA – Cartel Wright, 39, of Philadelphia, PA, was charged today by indictment with 11 counts of Hobbs Act robbery that largely targeted pharmacies in Philadelphia and the surrounding area, announced United States Attorney Zane David Memeger. Wright allegedly robbed the same Rite Aid Pharmacy on three different occasions.
According to the indictment, between March 25, 2014, and January 19, 2015, in addition to Rite Aid Pharmacies, Wright robbed a CVS, a Walgreens, a Family Dollar store, and two different McDonald’s restaurants, twice committing two robberies on the same day. The indictment alleges that Wright robbed the Rite Aid Pharmacy at 5040 City Avenue on: March 25, 2014, August 30, 2014, December 27, 2014, and December 18, 2014, when he also robbed another Rite Aid Pharmacy at 5212 Baltimore Avenue in Philadelphia. It is further alleged that Wright committed the following robberies:
December 28, 2014, CVS Pharmacy, located at 7520 City Avenue, Philadelphia
January 1, 2015, Family Dollar, located at 5814 Woodland Avenue, Philadelphia
January 11, 2015, Rite Aid, located at 5440 Lansdowne Avenue, Philadelphia
January 11, 2015, McDonald’s, located at 7500 City Avenue, Philadelphia
January 12, 2015, McDonald’s, located at 101 South 52nd Street, Philadelphia
January 19, 2015, Walgreens, located at 53 Chester Pike, Darby Borough
In each robbery, Wright allegedly threatened the victims before stealing money from the establishment.
If convicted of all charges, Wright faces a possible advisory sentencing guideline range of 151 to 262 months in prison and a $1,100 special assessment, with a maximum statutory sentence of 220 years in prison, a $2.75 million fine, and up to 3 years of supervised release.
The case was investigated by the FBI, the Philadelphia Police Department, the Darby Borough Police Department and the United States Marshal Service Violent Crimes Fugitive Task Force (VCFTF). It is being prosecuted by Assistant United States Attorney Jose Arteaga.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Huggins Sentenced to 27 Months in Federal Prison for Possession of an Unregistered Destructive DeviceRead the Press Release
SALT LAKE CITY – John Huggins, 48, of Tremonton, Utah, who pleaded guilty in February to possession of an unregistered destructive device, was sentenced to 27 months in federal prison Thursday afternoon in U.S. District Court in Salt Lake City.
According to the plea agreement, Huggins admitted that in July 2014 he possessed a partially assembled explosive device. He also agreed that he had the knowledge and the materials necessary, including an explosive substance, to readily assemble the device into a functioning explosive device.
Huggins was charged with possession of an unregistered destructive device; possession of an explosive by a restricted person; and unlawful distribution of information relating to the manufacture and use of explosives or destructive devices in an indictment returned in July 2014. The indictment followed an investigation by members of the FBI’s Joint Terrorism Task Force, the Utah Department of Public Safety, and the Tremonton Police Department.
According to a sentencing memorandum filed by federal prosecutors, law enforcement officers received information from a confidential informant that Huggins was planning to use explosives to target the Tremonton Police Department. The FBI then made contact with the defendant through another confidential informant. This confidential informant met with the defendant and purchased a thumb drive containing references on how to start and train militias, and how to produce explosives. An undercover agent, posing as a representative of an anti-government militia group, was introduced to the defendant and told Huggins he was looking for someone who could make explosives and train people in his group. Huggins responded affirmatively that he could do that, according to the sentencing memorandum. Huggins described what he could do and expressed an extreme dislike of law enforcement based on prior interactions with police officers.
During a second meeting with the undercover agent, Huggins went to great lengths to convince the undercover agent that he could build explosives capable of killing people. The defendant offered to come and train the undercover agent’s group for a month for a fee. Huggins also presented and sold a notebook to the undercover agent. The notebook included drawings detailing explosives production and writings on topics such as explosive theory and how to produce different types of explosives.
“The defendant was a skilled and motivated explosives expert who was willing to train and manufacture explosives for an anti-government militia group,” prosecutors wrote in the sentencing memorandum.
Huggins was arrested in July 2014. According to court filings, he admitted that he was meeting with a man be believed to be a member of a militia extremist group. He admitted that although he did not provide the undercover agent with an explosive device at their meeting, he did have an inert explosive device in his trailer that he planned to show the undercover agent. He admitted that the device would need to be loaded first to become a bomb, but that all of the necessary components to fully assemble the explosive device were at his residence.
A further search of the defendant’s trailer yielded notebooks containing what appeared to be a diary with entries ranging from anti-government ideology to a system to watch and track police officers.
U.S. District Judge David Nuffer also ordered Huggins to serve 36 months of supervised release at the conclusion of his prison sentence. Federal prosecutors dismissed two counts from the indictment at Thursday’s sentencing hearing as a part of the plea agreement reached with Huggins.
Hudson County, New Jersey, Woman Sentenced to Seven Years in Prison for Bank Robbery SpreeRead the Press Release
NEWARK, N.J. - A Harrison, New Jersey, woman was sentenced today to 84 months in prison for robbing three banks over a three week span in Newark and Harrison – including one on Valentine’s Day, U.S. Attorney Paul J. Fishman announced.
Valeria Parziale, 36, previously pleaded guilty before U.S. District Judge Faith S. Hochberg to an information charging her with one count of bank robbery. U.S. District Judge Claire C. Cecchi imposed the sentence today in Newark federal court.
According to the documents filed in this case and statements made in court:
Parziale admitted robbing a Valley National Bank in Harrison on Jan. 30, 2014 and a Wells Fargo bank in Newark on Feb. 14, 2014. She also admitted attempting to rob a Popular Community Bank in Newark on Feb. 20, 2014. At each robbery, Parziale handed the teller a note demanding cash and threatening the use of a gun. On one occasion, she wore a wig to disguise her identity.
In addition to the prison term, Judge Cecchi ordered Parziale to serve three years of supervised release.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Richard M. Frankel, with the investigation leading to today’s sentencing. He also thanked the Newark, Kearny and Harrison police departments for their assistance.
The government is represented by Special Assistant U.S. Attorney Thomas S. Kearney of the U.S. Attorney’s Office General Crimes Unit in Newark.
Defense counsel: Assistant Federal Public Defender John Yauch Esq., Newark
Houma Man Sentenced for Violating the Federal Controlled Substances ActRead the Press Release
U.S. Attorney Kenneth A. Polite announced that PHILLIP BOOKER, age 59, of Houma, was sentenced today after previously pleading guilty to a one-count Bill of Information charging him with violation of the Federal Controlled Substances Act.
U.S. District Judge Lance M. Africk sentenced BOOKER to term of 57 months incarceration, to be followed by three years of supervised release following any term of imprisonment.
On February 5, 2015, BOOKER pled guilty to the Bill of Information, which charged him with possession with the intent to distribute a mixture or substance containing a detectable amount of methamphetamine, a Scheduled II drug controlled substance. According to the factual basis, BOOKER was part of a conspiracy that was transporting methamphetamine from South Texas to Terrebonne Parish.
U.S. Attorney Polite praised the work of the Drug Enforcement Administration and officers of the Terrebonne Parish Sheriff’s Narcotics Unit in investigating this matter. Assistant United States Attorney David Haller was in charge of the prosecution.
Honduran National Sentenced for Immigration OffenseRead the Press Release
U.S. Attorney Kenneth A. Polite announced that EDGAR RIVERA-SANTOS, age 33, a native of Honduras, was sentenced today after previously pleading guilty to a one-count Indictment for illegal entry of a removed alien.
U.S. District Judge Mary Ann Vial Lemmon sentenced RIVERA-SANTOS to time served, one year of supervised release, and a $100 special assessment fee. RIVERA-SANTOS will be surrendered to the custody of the U.S. Immigration and Customs Enforcement for removal proceedings.
According to court documents, the defendant was encountered by federal agents on January 29, 2015. He had previously been removed from the United States on August 29, 2013.
U.S. Attorney Polite praised the work of the Immigration and Customs Enforcement agency in investigating this matter. Assistant United States Attorney Jon Maestri was in charge of the prosecution.