Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
4 June 2015
Guilty Verdict Returned Against Murder-for-Hire DefendantRead the Press Release
U.S. Attorney Kenneth A. Polite announced that this afternoon, a jury returned a guilty verdict against NEMESSIS BATES for his participation in the November 2010 murder of Christopher “Tiger” Smith.
The jury found BATES, age 36, of Kenner, guilty as charged of solicitation to commit a crime of violence, use of interstate commerce facilities in the commission of murder-for-hire, causing death through the use of a firearm, and conspiracy to possess firearms.
According to court documents, on Sunday, November 21, 2010 at 8:10 pm, Christopher Smith was found by Jefferson Parish Sheriff (“JPSO”) deputies lying in the doorway of his Gretna apartment, after having been shot at least twenty times. Smith was pronounced dead at the scene. JPSO’s investigation ultimately revealed that BATES paid co-defendants, AARON SMITH, a/k/a “Beadie,” a/k/a “Beedie,” and WALTER PORTER, a/k/a “Moonie,” a/k/a “Urkel,” $20,000 to murder Christopher Smith. AARON SMITH previously pled guilty and awaits sentencing. WALTER PORTER is awaiting trial.
U.S. District Judge Sarah S. Vance set sentencing for September 9, 2015. BATES faces a maximum penalty of life imprisonment.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation, the Jefferson Parish Sheriff’s Office in investigating this matter. Assistant United States Attorneys Liz Privitera and Greg Kennedy are in charge of the prosecution.
Guatemalan National Sentenced for Illegal ReentryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that SERGIO TULIO VARGAS-VARGAS, age 25, a citizen of Guatemala, was sentenced today after previously pleading guilty to a one-count Indictment for illegal reentry of a removed alien.
U.S. District Judge Jay C. Zainey sentenced VARGAS-VARGAS to time served and a $100 special assessment. VARGAS-VARGAS will be surrendered to the custody of the U.S. Immigration & Customs Enforcement for removal proceedings.
According to court documents, VARGAS-VARGAS reentered the United States after having been previously deported on October 25, 2012.
U.S. Attorney Polite praised the work of the United States Immigration and Customs Enforcement Agency in investigating this matter. Assistant U. S. Attorney Spiro G. Latsis was in charge of the prosecution.
Great Falls Man Sentenced to 12 Years for Making Meth in His Grandfather's GarageRead the Press Release
GREAT FALLS—Christopher Stefani, 47, of Great Falls, was sentenced today for manufacturing methamphetamine in his grandfather’s garage, which led to an explosion. Great Falls United States District Court Judge Brian Morris sentenced Stefani to 144 months in prison, followed by a term of 3 supervised release.
Stefani previously pleaded guilty to manufacturing methamphetamine. In an Offer of Proof filed by the government, and accessible through PACER, the government stated that if the case had proceeded to trial, it would have proven that on July 8, 2014,
an explosion occurred while Stefani manufactured methamphetamine in his 94-year-old grandfather’s garage in Great Falls, Montana. This methamphetamine laboratory was not reported to police until a few days later after a caregiver for Stefani’s grandfather realized someone had been making methamphetamine in the garage. At the time of the explosion, a neighbor had spotted a white cloud of smoke come out of the garage. Immediately after the explosion, the neighbor saw Stefani drive quickly down the back alley.
The caretaker went into the garage during the evening of July 9, 2014. She saw a burn mark on the floor, as well as salt and Coleman fuel. She did not want to disrupt Stefani’s elderly grandfather from sleeping that night, so she called police the next day. The caretaker told detectives that Stefani used his grandfather’s garage as his personal work area, and came and went as he pleased. She said Stefani had last been in the garage on July 8, 2014, and she spoke to him that same day. Stefani had reported he severely burned his leg on a motorcycle and was in a lot of pain.
During the investigation, detectives found a one gallon can of Coleman Fuel had caught fire and scorched the surrounding area. Detectives also found four Walgreens receipts for pseudoephedrine. They recovered a bloody bandage, coffee filters, battery tops, tubing, a salt container, and liquid fire sulfuric acid, which were all items consistent with manufacturing methamphetamine. Detectives found gas generators with tubing coming out of the lids and a white substance in the coffee filters. The DEA Laboratory analyzed items from the scene and concluded they contained methamphetamine.
This case was prosecuted by Assistant United States Attorney Jessica Betley. Because there is no parole in the federal system, Stefani will have to serve at least 85% of his sentence before he is released from prison. The case was investigated by Russell Country Task Force, which includes law enforcement from the Great Fall Police Department.
Gore Woman Pleads Guilty to Wire Fraud, $146,000 Loss to Bacone CollegeRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that TAMMY JEAN McDANIELS, age 56, of Gore, Oklahoma, pled guilty to an Information charging her with WIRE FRAUD, in violation of Title 18, United States Code, Section 1343.
The charge arose from an investigation by the Federal Bureau of Investigation and the Muskogee Police Department.
The Information alleged that from on or about October 1, 2012 to on or about December 19, 2014, within the Eastern District of Oklahoma and elsewhere, McDANIELS, the former Director of Human Resources at Bacone College, devised and intended to devise a scheme to defraud Bacone College, and to obtain money and property by means of materially false and fraudulent pretenses, representations and promises. The scheme involved McDANIELS fraudulently reactivating former employees and contractors on the payroll records and causing false payments to be made to her bank accounts. As a result of McDANIELS’ actions, Bacone College sustained a loss of approximately $146,000.00.
The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, accepted the defendant’s guilty plea, and ordered the completion of a presentence report. Sentencing will be scheduled upon completion of that report. The defendant was released on bond pending sentencing.
The statutory range of punishment is up to 20 years imprisonment, a fine of up to $250,000.00 or both.
Assistant United States Attorney Chris Wilson represented the United States.
Former bookkeeper indicted on fraud and identity theft charges for use of employer’s credit cardsRead the Press Release
Bookkeeper made unauthorized purchases totaling over $105,000
EVANSVILLE - United States Attorney Josh J. Minkler announced today federal charges against the former bookkeeper of Marine Industries Corporation (MIC). Alice Marie Casey, 44, of Jeffersonville, Indiana, was indicted on three counts of access device fraud and one count of aggravated identity theft.
“White collar crime is stealing,” said Minkler. “It removes billions of dollars from investors and often negatively impacts our economy. Ms. Casey, will no longer be lining her pockets with others people’s money.”
Casey served as the bookkeeper at MIC in Jeffersonville, Indiana, where she paid company credit card bills, issued company credit cards to new employees, destroyed and cancelled company credit cards of former employees, and completed tasks associated with the company’s mail.
Casey opened a Visa credit card in the name of the company’s chief executive officer without authorization and then added a new card to that account. With this new account, Casey is alleged to have obtained goods and merchandise for her personal benefit, including a firearm, household furniture, and funeral arrangements, with a total value of approximately $10,312.22.
Casey also opened a second Visa credit card in the name of Marie Casey, without authorization of MIC, which Casey used to obtain goods and merchandise for her personal benefit, including a firearm, Halloween costumes, and life insurance policies, with a total value of approximately $52,239.67.
Further, Casey made purchases using the MIC office Visa credit card without authorization to obtain goods and merchandise for her personal benefit, including a mini I-pad, theater tickets, and utilities, with a total value of approximately $43,308.60.
This investigation was a collaborative effort between the United States Secret Service and the Jeffersonville Police Department.
Casey had her initial appearance this week in federal court in New Albany and was released. Her trial date is set for July 13, 2015.
According to Assistant United States Attorney Kyle Sawa, who is prosecuting this case for the government, Casey faces up to 10 years for two of the fraud counts and up to 15 years for the third count, if convicted. In addition, Casey faces two years consecutive to those counts, if convicted for aggravated identity theft.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
Former Piedras Negras “Plaza” Drug Trafficker Sentenced to Federal PrisonRead the Press Release
In San Antonio today, 46-year-old Esiquiel Rodriguez (aka “Cheke”), a former major drug trafficker in the Piedras Negras “Plaza,” was sentenced to 420 months in federal prison for federal drug and firearm violations announced Acting United States Attorney Richard Durbin, Jr., DEA Special Agent in Charge Joseph M. Arabit and San Antonio Police Chief Anthony Treviño.
Rodriguez was arrested in April 2013 by the San Antonio Police Department on a charge of possession with intent to distribute methamphetamine. During a subsequent consensual search of his residence, investigators discovered a .357 caliber revolver. On September 29, 2014, Rodriguez pleaded guilty to possession with intent to distribute over 300 grams of pure methamphetamine and one count of undocumented alien in possession of a firearm.
In a separate but related matter, on April 9, 2015, Rodriguez pleaded guilty to one count of conspiracy to possess with intent to distribute a controlled substance. By pleading guilty, Rodriguez admitted that since the early 2000s, he was one of the major drug traffickers in the Piedras Negras “Plaza” in Coahuila, Mexico, and was responsible for the transportation of thousands of kilograms of cocaine and marijuana from Mexico into the United States.
Law enforcement investigations revealed that Rodriguez had strong associations with various large scale narcotics organizations, including the Los Zetas transnational drug cartel. From approximately 2007 through 2009, Rodriguez worked with various high level Zetas trafficking cocaine. The investigation revealed that between 2007 and 2009, Rodriguez and others smuggled a minimum of 500 kilograms of cocaine per month from Mexico into the United States, and at least 6,000 kilograms per year during this time frame. Most of this cocaine was smuggled through the Eagle Pass Port of Entry to San Antonio and then distributed to other destinations throughout the United States. Many of the same persons and vehicles used to smuggle narcotics into the United States were used to smuggle millions of dollars of drug proceeds back into Mexico as well as weapons for the Zetas. These weapons were assault type weapons which were used to control the Plazas or drug trafficking areas controlled by the Zetas.
As a result of his guilty plea to the related drug conspiracy charge, Rodriguez also faces a sentence of 35 years in federal prison if the terms of the plea agreement are approved by the Court. Sentencing in that case is scheduled for 8:30am on July 24, 2015, before Chief United States District Judge Fred Biery.
This charges resulted from an Organized Crime Drug Enforcement Task Force (OCDETF) investigation conducted by agents with the Drug Enforcement Administration (DEA), San Antonio Police Department and the High Intensity Drug Trafficking Area Task Force (HIDTA), which is comprised of investigators from the Texas Department of Public Safety, Homeland Security Investigations (HSI), Federal Bureau of Investigation (FBI) , Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Internal Revenue Service-Criminal Investigation (IRS-CI). The U.S. Border Patrol also assisted in this investigation.
The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering operations, and those primarily responsible for the nation’s illegal drug supply.
Former Officer of Nationwide Fence and Supply Co. Pays $358,707.06 to Settle Alleged False Claims Act Violations Involving Disadvantaged Business Enterprise Requirements in Federally Funded ProjectsRead the Press Release
Alleged Violations Involved Federally Funded Transportation Projects in Kentucky and Indiana
LOUISVILLE, Ky. – Micheal DeMil, a former officer of RMD Holdings, Ltd d/b/a Nationwide Fence and Supply Co. (Nationwide) today paid $358,707.06 to settle allegations that while a project manager, he violated the Disadvantaged Business Enterprise (DBE) requirements in certain federally funded construction projects, announced Acting U.S. Attorney John E. Kuhn, Jr. Today’s payment, in addition to a $1,750,000 payment by Nationwide in December of 2014, settles allegations that the company circumvented the DBE requirements in federally funded construction projects.
“The Disadvantaged Business Enterprise program was created to ensure a level playing field for small, minority-owned and women-owned companies in federally funded transportation projects,” stated Acting U.S. Attorney Kuhn. “By circumventing the law, Mr. DeMil undermined the goal of assisting disadvantaged companies in a market where the federal government invests many millions of dollars.”
The settlement agreement arises from Nationwide’s utilization of a DBE company as a pass through in order to meet the requirements specified in federally funded projects. In particular, the United States contends that during the period from January 6, 2008, through July 16, 2010, then officer and project manager Micheal Demil caused Nationwide to misrepresent how it utilized Sallie’s Wholesale Construction, Inc. This was in violation of federal regulations guiding participation of DBEs in federally funded Department of Transportation Financial Assistance Programs. The projects were in Indiana (where Nationwide installed security fencing at an airport) and in Kentucky (where Nationwide installed high tension cable barriers in Barren, Bullitt, Hart and Jefferson Counties in June of 2008). On both of these projects Michael DeMil acted as project manager.
An earlier settlement agreement with Nationwide covered conduct in 2008, when the Department of Transportation-Office of Inspector General began investigating Nationwide. The federally funded projects were performed between October 20, 2006, through July 16, 2010, in Kentucky, Indiana, Illinois, Georgia and New York and most involved the installation of guardrails, security fencing, and cable barriers along interstates.
At the time, Nationwide was co-owned by two brothers: Micheal DeMil and Robert DeMil. The company was a specialty construction group that conducted business in 33 states with its principal office located in Chesterfield Township, Michigan. Many of the transportation projects on which Nationwide worked were funded in whole or in part by the United States, and each project required a certain percentage of DBE participation. Nationwide was not a certified DBE.
The DBE program generally requires that recipients of federal highway funds establish a program to assist women owned or minority owned businesses to compete for work on federally funded construction projects. Recipients of these funds often accomplish this goal by requiring that each construction project include a certain percentage of participation by a DBE company. This percentage can be met by contractors utilizing DBE subcontractors to either perform work on the project or to supply materials.
Micheal DeMil and Fenton Construction and Excavating, Inc. (where Mr. DeMil is now the majority shareholder, co-director, and Vice President) also have agreed to enter into a three year administrative settlement and compliance agreement with the United States Department of Transportation, Federal Highway Administration (FHWA). This agreement requires DeMil and Fenton to adopt and implement an Ethics Code and Corporate Compliance Program; appoint a Corporate Compliance Officer; and retain an independent Monitor to evaluate the Company's performance of this Agreement and to submit periodic reports directly to the FHWA.
This settlement agreement is neither an admission of liability by Micheal DeMil , nor a concession by the United States that its claims are not well founded.
This case was investigated by the U.S. Attorney’s Offices for the Western District of Kentucky, Northern District of Georgia, Middle District of Georgia, Southern District of Georgia, Southern District of Indiana, and the Central District of Illinois. The matter was prosecuted by Assistant United States Attorney Benjamin S. Schecter in the Western District of Kentucky, Trial Attorney Kelley Hauser with the U.S. Department of Justice, Civil Division, Commercial Litigation Branch, Frauds Section, and was investigated by U.S. Department of Transportation Office of Inspector General (DOT-OIG) and the Federal Highway Administration’s Office of Civil Rights.
Former FBI Special Agent Indicted for Theft of Drug Proceeds and Obstruction of JusticeRead the Press Release
A former special agent of the FBI was indicted yesterday for allegedly stealing over $100,000 of drug proceeds seized during the execution of search warrants and obstructing justice by taking steps to hide his alleged theft.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and Special Agent in Charge Angel D. Gunn of the Justice Department’s Office of the Inspector General’s Los Angeles Field Office made the announcement.
“As alleged, former Agent Bowman put his own greed above the trust placed in him by the FBI and the American public,” said Assistant Attorney General Caldwell. “Corrupt law enforcement agents not only compromise those investigations in which they are involved, but also damage the reputations of fellow law enforcement officers who are dedicated to public service and the protection of all Americans.”
Scott M. Bowman, 44, of Moreno Valley, California, was charged in the Central District of California with three counts of conversion of property by a federal employee, three counts of obstruction of justice, two counts of money laundering, one count of falsification of records and one count of witness tampering.
According to allegations in the indictment, which was unsealed today, Bowman misappropriated over $100,000 of drug proceeds seized in June and August 2014 during the execution of three search warrants. The defendant allegedly misappropriated these funds after they were transferred to his custody in his official capacity as a federal law enforcement officer.
The indictment alleges that Bowman used the stolen money for his own purposes, including spending $43,850 in cash to purchase a 2012 Dodge Challenger coupe, $27,500 in cash to purchase a 2013 Toyota Scion FR-S coupe and approximately $26,612 in cash to outfit these vehicles with new equipment including speakers, rims and tires. According to the allegations in the indictment, the defendant also used approximately $15,000 of the misappropriated cash to pay for cosmetic surgery for his spouse, and opened a checking account into which he deposited approximately $10,665 of the stolen funds, a portion of which he used to pay for a weekend stay at a luxury hotel, casino and resort in Las Vegas, Nevada.
According to the indictment, to conceal his misappropriation of the drug proceeds, Bowman allegedly falsified official FBI reports and other records. Specifically, in connection with one of the seizures, Bowman allegedly endorsed an evidence receipt knowing that it did not accurately reflect the amount of cash seized and altered the same receipt by forging the signature of a police detective next to his own.
The indictment further alleges that Bowman made false representations to his colleagues regarding the disposition of certain seized drug proceeds. In addition, Bowman allegedly sent an email to the detective whose signature Bowman had forged setting forth a detailed cover story that the detective should offer if asked about Bowman’s activities with respect to the seized drug proceeds. According to the indictment, Bowman also allegedly provided the detective with a copy of the forged receipt so that the detective falsely could claim the forged signature as his own, if asked.
The charges contained in an indictment are merely accusations, and a defendant is presumed innocent unless and until proven guilty.
This case was investigated by the Department of Justice Office of the Inspector General and is being prosecuted by Trial Attorneys Robert J. Heberle and Lauren Bell of the Criminal Division’s Public Integrity Section.
Bowman Indictment
Former Deputy Constable Pleads Guilty to Alien SmugglingRead the Press Release
CORPUS CHRISTI, Texas – A former Cameron County Deputy Constable has entered a plea of guilty to transporting illegal aliens, announced U.S. Attorney Kenneth Magidson.
Luis Enrique Guevara, 44, of Brownsville, entered his plea today before U.S. Magistrate Judge Jason Libby, admitting he transported three illegal aliens in a Nissan Pathfinder.
Guevara was arrested April 9, 2015, after an officer with the Robstown Police Department (RPD) stopped him for speeding as he was driving the Pathfinder north on U.S. Highway 77 through Robstown.
During the traffic stop, Guevara told the arresting officer he was a former police officer from Cameron County and a former narcotics officer with the Los Fresnos Police Department. After his arrest, Guevara told investigators he had transported illegal aliens several times prior and that he was paid $2,500 per illegal alien transported.
At the time of the arrest, Guevara was a reserve deputy constable in Cameron County. He no longer holds that position.
Guevara is scheduled to be sentenced on Sept. 10, 2015, by U.S. District Judge Nelva Gonzales Ramos. At that time, Guevara faces up to five years in prison and up to a $250,000 fine.
The charges are the result of an investigation by Homeland Security Investigations with the assistance of RPD. The case is being prosecuted by Assistant U.S. Attorney Chad W. Cowan.
Former COO of Wireless Retailer Pleads Guilty to Selling Confidential Information to Financial Services FirmRead the Press Release
BOSTON – A Connecticut executive pleaded guilty today in U.S. District Court in Boston to charges that he sold confidential business information regarding the wireless industry to an analyst at a Boston-based financial services firm.
“Today’s guilty plea confirms that the sale of confidential business information by corporate insiders – in violation of their duties to employers, business partners, customers, or shareholders – is a crime. And that is true whether the information is used to cheat the stock markets via insider trading, or for some other purpose,” said United States Attorney Carmen M. Ortiz.
“Mr. Dunham abused his position and violated his duty to his employer, customers, and shareholders by stealing business secrets for personal gain,” said Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office. “The FBI hopes this case sends a clear signal to business insiders that breaching a duty of confidentiality by misusing information will not be tolerated.”
James Dunham, 59, of Glastonbury, Conn. pleaded guilty to one count of wire fraud after being arrested and charged in February 2015. U.S. District Court Judge Douglas P. Woodlock scheduled sentencing for Sept. 3, 2015.
Dunham, formerly the Chief Operating Officer (COO) of a retailer for a major provider of wireless services, had access to confidential information regarding sales, compensation, and product launches at the retailer’s 400 locations. For more than two years, Dunham had a secret consulting agreement with a financial services firm to provide confidential information in return for which he was paid $2,000 per month.
The charging document identifies seven research notes prepared and distributed by the financial services firm that include information supplied by Dunham, including information regarding the status of certain product launches, the number of new subscribers to a specific wireless provider, and sales and return information for specific smartphones. In particular, Dunham was the source for an April 11, 2013, research note in which the firm reported that returns were exceeding sales for a specific smartphone. Following distribution of that note, the stock price for the smartphone manufacturer dropped seven percent in a single day.
The charging statute provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of the greater of $250,000, or twice the gross gain or loss. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Ortiz and SAC Lisi of the FBI made the announcement today. The United States Attorney’s Office received valuable assistance from the Securities & Exchange Commission. The case is being prosecuted by Assistant U.S. Attorney Sarah E. Walters, Chief of Ortiz’s Economic Crimes Unit.
Former Advisory Neighborhood Commissioner Found Guilty of Hate-Based Attack of Homeless ManRead the Press Release
WASHINGTON - Robert “Leo” Dwyer, 33, of Washington, D.C., was found guilty today of a hate crime for assaulting a homeless man last summer in Northwest Washington, Acting U.S. Attorney Vincent H. Cohen, Jr. announced. At the time of the offense, the defendant was a member of the District of Columbia’s Advisory Neighborhood Commission (ANC).
“Robert Dwyer targeted this victim for assault because he was homeless,” said Acting U.S. Attorney Cohen. “This prosecution vindicates the principle that everyone in our community deserves the protection of the law. We will not tolerate this reprehensible behavior in the District of Columbia.”
Dwyer was found guilty after a two-day bench trial in the Superior Court for the District of Columbia of simple assault with a bias enhancement, based on the homelessness of the victim. The Honorable Neal E. Kravitz scheduled sentencing for Aug. 12, 2015. Dwyer faces a statutory maximum of 270 days of incarceration and a potential fine of up to $1,500.
In presenting his findings today, Judge Kravitz noted that there was no question that the crime was motivated by the defendant’s hostility toward homeless people, including the victim.
According to the government’s evidence, on July 28, 2014, at approximately 3 a.m., Dwyer was at the intersection of 17th and Corcoran Streets NW, where he stormed the area where homeless men slept and kept their property. Dwyer began throwing homeless men’s bedding and other possessions into the street, as well as dumping other belongings into nearby trash bins. He then began spraying the area with a cleaning solution, while the victim and other homeless men looked on in disbelief.
The victim, a local homeless man, then rode his bike past the defendant. Dwyer turned and sprayed the victim multiple times in the face, arms, and neck. He used a racial slur and profanity in declaring that he hated homeless people “dirtying up the streets.” He also told an eyewitness that he “hate[d] these people sleeping here.” Upon being sprayed, the victim fell off his bike, but recovered and rode his bike to the Third District police station. He immediately reported the attack to Metropolitan Police detectives, who promptly investigated. Dwyer left the scene prior to police arriving. The victim received medical attention on the scene for his injuries.
The defendant was identified by an eyewitness as being an Advisory Neighborhood Commissioner at the time for the Dupont Circle neighborhood.
In announcing the verdict, Acting U.S. Attorney Cohen commended the work of the detectives and officers who investigated the case from the Metropolitan Police Department. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Arviette Spain, Victim/Witness Advocate Diana Lim, Criminal Investigator Durand Odom, and Legal Intern Michelle Munneke. Finally, he expressed appreciation for the work of Assistant U.S. Attorneys Geoffrey Starks and Alysa Kociuruba and Deputy Chiefs Fernando Campoamor-Sanchez and Michelle Parikh, of the Felony Major Crimes Trial Section, who investigated and prosecuted the case.
Foreign National Sentenced to 5 Years in Prison for Firearm Offense, Growing Marijuana in Mendocino National Forest, and Destruction of National LandsRead the Press Release
SACRAMENTO, Calif. — Ivan Espinoza Villafana, 25, a Mexican national, was sentenced today by United States District Judge Troy L. Nunley to five years in prison and restitution of $14,400 for possession of a firearm by an illegal alien, cultivation of marijuana, and depredation of public lands and resources, United States Attorney Benjamin B. Wagner announced.
According to court documents, on August 19, 2014, law enforcement officers entered a marijuana cultivation site near Ice Springs in the Mendocino National Forest in Glenn County where 732 marijuana plants were growing. After seeing law enforcement approach, Villafana fled. He was apprehended and arrested at the site. At the time of his arrest, Villafana had a loaded Smith & Wesson revolver tucked in his waistband. Officers also found a rifle in the camp area of the site. Villafana has been in custody since his arrest.
Marijuana cultivation at the site caused significant natural resource damage. Irrigation piping diverted water from a nearby stream to the marijuana plants, which require approximately 6-8 gallons of water per plant per day. Law enforcement also observed numerous bags of fertilizer and pesticides, which were used to grow marijuana. A U.S. Forest Service hydrologist who surveyed the site concluded that fertilizer and pesticides impact runoff into streams and would damage water quality and harm wildlife, as animals in the National Forest are likely to ingest the pesticides and fertilizers. Further, marijuana cultivators at the site cut and cleared trees and vegetation in the National Forest to make room for marijuana plants. Repairing and rehabilitating the damage to the National Forest from this cultivation will cost the United States between $14,400 and $73,500.
This case was the product of an investigation by the United States Forest Service, Glenn County Sheriff’s Office, and California Department of Fish and Wildlife. Assistant United States Attorney Christiaan Highsmith prosecuted the case.
Federal Jury Convicts Father for Lying to FBI About Helping Fugitive Son Escape to MexicoRead the Press Release
In El Paso this afternoon, a federal jury convicted 53-year-old Victor Manuel Solis, a legal permanent resident living in Lancaster, CA, of making a false statement to El Paso FBI agents concerning an ongoing investigation and search for his son, former Los Angeles Police officer Henry Solis. That announcement was made today by Acting United States Attorney Richard L. Durbin, Jr., and Special Agent in Charge Douglas E. Lindquist of the FBI’s El Paso Division.
Testimony presented during trial revealed that on March 16, 2015, Victor Solis willfully attempted to prevent law enforcement from locating Henry Solis by representing to FBI agents that he, alone, crossed into Mexico on March 14, 2015. Photographs released by the FBI show that Victor Solis, accompanied by Henry Solis, crossed into Juarez, Mexico, from El Paso at the Paso Del Norte Port of Entry on March 14, 2015. Henry Solis, who was recently captured in Mexico and returned to the United States, faces state charges related to his alleged involvement in a homicide in Pomona, CA, in April.
Victor Solis, who is currently on bond, faces up to five years in federal prison and a maximum $250,000 fine. Sentencing is scheduled for August 20, 2015, before United States District Judge Philip R. Martinez.
The case resulted from a joint investigation by the El Paso and Los Angeles Field Offices of the Federal Bureau of Investigation. This case is being prosecuted by Assistant United States Attorneys Kyle Meyers and Carlos Hermosillo.
Federal Grand Jury Indicts Texas Mexican Mafia Members in Connection with the Death of Balcones Heights Police Officer Julian PesinaRead the Press Release
In San Antonio today, federal authorities arrested 26-year-old Texas Mexican Mafia (TMM) member Jesse Santibanez without incident. A federal grand jury yesterday indicted Santibanez and fellow TMM members Jerry Idrogo, age 34, and Alfredo Cardona, age 36, in connection with the death of Balcones Heights Police Officer Julian Pesina last year announced Acting United States Attorney Richard L. Durbin, Jr. and Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division.
The indictment, unsealed today, charges the defendants with one count of using and discharging a firearm during a crime of violence. The indictment alleges that the defendants knowingly used and discharged a firearm in relation to the murder of Pesina. On May 4, 2014, Pesina’s body was discovered in front of his business, the Notorious Ink Tattoo and Piercing Studio located on Hillcrest Drive.
Court documents allege that Pesina had claimed membership in the TMM, and was selling narcotics and paying the “dime” (the 10% street tax) to the TMM, when the TMM learned from Pesina’s Facebook page that he was a police officer. On May 4, 2014, Idrogo contacted Pesina and arranged for pickup of the “dime” outside of Pesina’s tattoo shop. Just before meeting Pesina, Idrogo dropped off Santibanez and Cardona on the side of the building. Once Pesina walked up to the car and handed Idrogo the “dime” payment money, Santibanez and Cardona shot and killed Pesina.
Santibanez remains in federal custody following his initial appearance in federal court this afternoon. Idrogo, Cardona were already in custody prior to today on related State charges. Initial appearances in federal court for Idrogo and Cardona have yet to be scheduled. Each defendant faces a mandatory minimum of ten years and up to life in federal prison upon conviction.
This indictment resulted from an investigation conducted by the FBI together with the San Antonio Police Department.
An indictment is merely a charge and should not be considered as evidence of guilt. The defendants are presumed innocent until proven guilty in a court of law.
Federal Grand Jury Criminal Indictments AnnouncedRead the Press Release
TULSA, Okla.—The results of the June 2015 Federal Grand Jury were announced today by Danny C. Williams Sr., United States Attorney for the Northern District of Oklahoma.
The following individuals have been charged with violations of United States law in indictments returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged federal crimes which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.
Arthur Lafrance Davis. Possession of Cocaine Base (“Crack”) with Intent to Distribute. Davis, 50, of Tulsa, is charged with possession with intent to distribute cocaine base (“crack”). If convicted, the statutory maximum penalty is 20 years in prison and a fine of $1,000,000. The Bureau of Indian Affairs is the investigating agency.
Joel De Luna Munoz. Alien in the United States After Deportation. De Luna Munoz, 30, was arrested and is charged with having returned to the United States unlawfully after being deported in November 2012 from Del Rio, Texas. If convicted, the statutory maximum penalty is 20 years in prison and a $250,000 fine. United States Immigration and Customs Enforcement is the investigating agency.
Bobby Lee Harjo. Theft of Mail. Harjo, 52, of Glenpool, a United States Postal Service employee, is charged with stealing mail on October 3, 2014 and December 11, 2014. If convicted, the statutory maximum penalty for each count is five years in prison and a fine of $250,000. The United States Postal Service-Office of Inspector General is the investigating agency.
Kyshawn Deyawn Hicks. Theft of Mail. Hicks, 25, of Tulsa, a United States Postal Service employee, is charged with stealing mail from January to March 2015. If convicted, the statutory maximum penalty is five years in prison and a fine of $250,000. The United States Postal Service-Office of Inspector General is the investigating agency.
Levi J. Lively. Theft of Mail. Lively, 27, of Broken Arrow, a United States Postal Service employee, is charged with stealing mail on February 20, 2015. If convicted, the statutory maximum penalty is five years in prison and a fine of $250,000. The United States Postal Service-Office of Inspector General is the investigating agency.
Charles Brandon Lunsford. Felon in Possession of a Firearm. Lunsford, 38, of Claremore, is charged with possessing a .223/556 caliber rifle after prior felony convictions. If convicted, the statutory maximum penalty is 10 years in prison and a $250,000 fine. The Bureau of Alcohol, Tobacco, Firearms and Explosives is the investigating agency.
James Cody Porter. Possession of Methamphetamine with Intent to Distribute. Porter, 26, of Tulsa, is charged with possession with intent to distribute methamphetamine. If convicted, the statutory maximum penalty is 20 years in prison and a fine of $1,000,000. The Bureau of Indian Affairs is the investigating agency.
Dubuque Man Charged with Receipt and Possession of Child PornographyRead the Press Release
Joshua Leute, age 28, of Dubuque, Iowa, has been charged with one count of receipt of child pornography and two counts of possession of child pornography. The charges are contained in an Indictment unsealed on May 27, 2015, in United States District Court in Cedar Rapids.
The Indictment alleges that, between 2011 and 2012, Leute received and possessed child pornography.
If convicted, Leute faces a mandatory minimum sentence of five years’ imprisonment and a possible maximum sentence of forty years’ imprisonment, a $750,000 fine, a $300 special assessment, and at least five years and up to life on supervised release following any imprisonment.
Leute appeared for a detention hearing on June 3, 2015, in federal court in Cedar Rapids and was released on bond. Leute’s next appearance for trial is set for July 27, 2015.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Clinton County Sheriff’s Office, the Davenport Police Department, the Dubuque Police Department, and the Dubuque County Sheriff’s Office.
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 15-1012.
Follow us on Twitter @USAO_NDIA.
Dominican Man Sentenced for Illegally Reentering the United States After Previous Deportation, False Representation of A Social Security Number, and Aggravated Identity TheftRead the Press Release
CONCORD, NEW HAMPSHIRE – Raul Fernando Lora, of the Dominican Republic, was sentenced to fifty-four months in prison and three years of supervised for illegally reentered the United States after having been previously deported, false representation of a social security number, and aggravated identity theft, announced Acting United States Attorney Donald Feith. Lora pled guilty to the charges on January 29, 2015.
Documents filed with the United States District Court established that Lora was deported from the United States on July 2, 2013. On May 9, 2014, Lora was stopped by a New Hampshire State Trooper for motor vehicle violations. Lora produced a Massachusetts driver’s license in the name of Junior Currasco. A records check revealed that the driver’s license was suspended and Lora was placed under arrest. A fingerprint comparison revealed that the fingerprints matched the 2012 deportation records for Lora. A criminal records check revealed that Lora had been convicted in previously convicted in federal court in Massachusetts for stealing the Currasco identity.
The case was investigated by the New Hampshire State Police and agents of the U.S. Department of Homeland Security, Bureau of Immigration and Customs Enforcement. This case was prosecuted by Assistant U.S. Attorney Alfred Rubega.
Department of Justice Announces Investigation of the Jefferson County Jail in Birmingham, AlabamaRead the Press Release
WASHINGTON – The Justice Department announced today that it has opened an investigation of the Jefferson County Jail in Birmingham, Alabama, focusing on the treatment of juveniles. The investigation will assess whether juveniles are detained at the jail in conditions that pose a serious risk of harm to their physical and psychological well-being.
The department has received allegations that juveniles at the jail are regularly housed with adult detainees, have been victims of sexual abuse and have been approached by adult detainees for sexual activity and favors. Additionally, juveniles, including those with diagnosed mental illnesses and intellectual disabilities, allegedly are routinely placed in solitary confinement or lockdown—sometimes for months at a time—with little or no access to the law library, telephone, commissary, educational opportunities and other services.
“Isolation—particularly the prolonged and restrictive lockdown alleged in Jefferson County—can lead to paranoia, anxiety, depression and suicide, and exacerbate pre-existing psychological harms,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division. “Indeed, the 2012 Report of the Attorney General’s National Task Force on Children Exposed to Violence concluded that ‘[n]owhere is the damaging impact of incarceration on vulnerable children more obvious than when it involves solitary confinement.’”
“Our commitment to finding solutions to problems in Alabama’s troubled jails and prisons is ongoing,” said U.S. Attorney Joyce White Vance for the Northern District of Alabama. “Where possible, the best solution is always a collaborative approach that encourages the state and counties to correct conditions that are constitutionally inadequate. However, we have not hesitated to file suit where necessary.”
The department will conduct the investigation using its authority under the Civil Rights of Institutionalized Persons Act (CRIPA) and the Violent Crime Control and Law Enforcement Act. Under CRIPA, the Attorney General has the authority to investigate violations of the constitutional rights of prisoners in “institutions,” including county jails, where such violations are “pursuant to a pattern or practice of resistance to the full enjoyment of such rights.” The Violent Crime Control and Law Enforcement Act authorizes the Attorney General to bring suit against any governmental entity that has engaged in “a pattern or practice” of depriving juveniles of their rights secured by the Constitution or federal statute. The department has conducted similar investigations in other jurisdictions, including of the Leflore County Juvenile Detention Center in Mississippi, the jails on Rikers Island in New York, the Terrebonne Parish Juvenile Detention Center in Louisiana and the Scioto and Marion Juvenile Correctional Facilities in Ohio.
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] or by phone at (855) 258-1432.
# # #
15-708
DO NOT REPLY TO THIS MESSAGE. IF YOU HAVE QUESTIONS, PLEASE USE THE CONTACTS IN THE MESSAGE OR CALL THE OFFICE OF PUBLIC AFFAIRS AT 202-514-2007.
Defendants Charged with Conspiracy to Engage in Wire Fraud, Identity Theft, and Misuse of Automated Export SystemRead the Press Release
First Assistant United States Attorney Gregory J. Haanstad of the Eastern District of Wisconsin announced that defendant Mao Peng (age 25) of Kenosha, Wisconsin has been charged in a three-count criminal information with conspiring to engage in wire fraud, identity theft, and misuse of the United States’ Automated Export System to further criminal activity. Mr. Peng has also entered into a written plea agreement by which he has agreed to plead guilty to those charges.
According to the information and a plea agreement, Peng conspired to defraud the State of Wisconsin of state and local sales tax revenue in connection with the purchase of luxury vehicles, which Peng and his company Longen Trading intended to export to China, by fraudulently using Native American straw buyers to make those purchases in a tax-exempt manner. Specifically, Peng and Longen Trading used Native American straw buyers in connection with the purchase of approximately 154 luxury vehicle purchase transactions, having a total purchase price of approximately $9,132,106.94, and thereby evaded Longen Trading’s payment of a total of approximately $515,964.04 in state and local sales taxes that Longen Trading was legally obligated to pay in connection with the purchase of those vehicles.
According to the information and a plea agreement, Peng and Longen Trading also conspired to cause luxury vehicles to be purchased for export, via identity theft, that is, by using means of identification that belonged to a past or prospective straw buyer, without that person’s permission to purchase the vehicle using his or her identity. Specifically, between on or about June 2012 and June 2014, Peng and Longen Trading conspired with others to purchase approximately 71 luxury vehicles, having a total purchase price of approximately $4,212,945.06, using a means of identification belonging to another person, without that person’s knowledge or permission.
According to the information and plea agreement, between approximately June 2012 and June 2014, Peng and Longen Trading also conspired with others to use the Department of Commerce’s Automated Export System (“AES”) to further these illegal activities, in violation of 13 U.S.C. § 305(a)(2).
Under the plea agreement, Mr. Peng has agreed to plead to all three counts of the information, to join the government in recommending that the sentencing court impose a sentence of 27 months’ imprisonment, to pay restitution of $515,964.04 to the Wisconsin Department of Revenue, and to stipulate to the civil forfeiture of approximately $1.2 million in funds seized from various bank accounts he controlled as well as 29 new luxury vehicles, including new Porsche, Mercedes Benz, and BMW vehicles.
In announcing the filing of the information and plea agreement, First Assistant United States Attorney Gregory J. Haanstad stated: “As this case reflects, the United States Attorney’s Office and the United States Department of Justice are committed to aggressively combatting both identity theft and tax evasion. We are also committed to taking the profit out of crime and to obtaining just financial outcomes in our criminal cases through the judicious use of both asset forfeiture and restitution remedies.”
Haanstad commended the investigative work that the United States Secret Service and United States Department of Commerce, Bureau of Industry & Security, Office of Export Enforcement conducted in this matter, along with the investigative assistance provided by the following state and local law enforcement agencies: the Wisconsin Department of Criminal Investigations, the Wisconsin Department of Transportation Investigations, the Milwaukee Police Department, the Oneida Police Department, the Menomonee Police Department, the Stockbridge-Munsee Police Department, the Kenosha Police Department, the Wauwatosa Police Department, the Waukesha Police Department, the Glendale Police Department, the Green Bay Police Department, the Milwaukee Secret Service Financial Crimes Task Force, and the Native American Drug and Gun Initiative Task Force.
“The quality and overall success of this investigation is a direct reflection of the contributing agencies’ efforts, resources, and teamwork,” stated a spokesperson for the United States Secret Service’s Milwaukee Office.
"OEE will continue to work diligently with our law enforcement partners to identify and disrupt criminal export activity," stated David R. Nardella, Acting Special Agent-in-Charge, U.S. Department of Commerce, Bureau of Industry & Security, Office of Export Enforcement, Chicago Field Office.
This case is being prosecuted by Assistant United States Attorney Scott Campbell.
An information is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilty beyond a reasonable doubt.
# # # # #
Dallas Man Who Robbed Five Banks in One Month is Sentenced to 71 months in Federal PrisonRead the Press Release
DALLAS — A Dallas man who admitted robbing five banks in the DFW metroplex in September 2014 was sentenced this afternoon, announced Acting U.S. Attorney John Parker of the Northern District of Texas.
Michael Bennett Smith, 44, was sentenced to 71 months in federal prison by U.S. District Judge Jane J. Boyle. He has been in custody since his arrest shortly after committing his last bank robbery.
Smith pleaded guilty to five counts of bank robbery, admitting committing the following bank robberies:
September 2, 2014 - Commercial Bank of Texas, 721 South Central Expressway, Allen, Texas
September 6, 2014 - BBVA Compass Bank, 484 East Round Grove Road, Lewisville, Texas
September 8, 2014 - Wells Fargo Bank, 4771 Saturn Road, Garland, Texas
September 11, 2014 - Wells Fargo Bank, 4703 State Highway 121, The Colony, Texas
September 18, 2014 - Wells Fargo Bank, 1727 South Loop 288, Denton, Texas
The FBI Dallas Violent Crimes Task Force investigated, with assistance from Allen, The Colony, Denton, Garland and Lewisville Police Departments. Assistant U.S. Attorney Keith Robinson prosecuted.
Contractor Charged in $6.9 Million Con Ed Bribery and Kickback SchemeRead the Press Release
Rodolfo Quiambao, the President and Chief Executive Officer of the engineering and design firm Rudell & Associates, Inc. (Rudell), was arrested this morning on charges of providing over $6.9 million in bribes and kickbacks to supervisors of Consolidated Edison of New York (Con Ed) in exchange for receiving lucrative contracts from the public utility services provider. The defendant’s initial appearance is scheduled later today before United States Magistrate Judge Marilyn D. Go, at the U.S. Courthouse, 225 Cadman Plaza East, Brooklyn, New York.
The charges and arrest were announced by Kelly T. Currie, Acting United States Attorney for the Eastern District of New York; Raymond R. Parmer, Jr., Special Agent-in-Charge of U.S. Immigration and Custom Enforcement (ICE), Homeland Security Investigations (HSI), in New York; Shantelle P. Kitchen, Special Agent-in-Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), New York; and Michael Nestor, Inspector General, The Port Authority of New York and New Jersey, Office of the Inspector General.
Quiambao’s arrest is the latest part of the government’s continuing investigation of bribery and kickback schemes involving employees of Con Ed. In January 2009, ten Con Ed supervisors and one employee were charged with collectively receiving more than $1 million in kickbacks from contractors; all eleven later pled guilty to federal offenses.
As alleged in the criminal complaint unsealed today, for over a decade beginning in as early as 2000, Quiambao, whose company specializes in electrical design, surreptitiously and regularly provided three Con Ed supervisors with over $6.9 million in cash and checks in exchange for securing contracting work for his company.
From at least 2007 to 2011, Quiambao – acting through his company, Rudell – allegedly provided over $6.5 million in checks to a company owned by a Con Ed Section Manager who oversaw various projects within Con Ed’s Electrical/Controls Systems Design section. In 2007 and 2008, Rudell issued approximately 120 checks to the Section Manager’s company, totaling approximately $2.7 million. Beginning in January 2009 – after the announcement of the arrests of Con Ed supervisors for taking kickbacks – Quiambao is alleged to have attempted to conceal his illegal payments, instead issuing checks from Rudell to Rudicon Power Corp. (Rudicon), another company that Quiambao owned and which did no work for Con Ed, and then issuing checks from Rudicon to the Section Manager’s company in the same amount as the checks from Rudell to Rudicon. Throughout 2009 and 2010, Rudicon paid the Section Manager’s company approximately $3.7 million in some 146 checks. The memo lines of the Rudell to Rudicon checks, and the corresponding Rudicon to the Section Manager’s company checks, often listed the same Con Ed project.
Throughout the same years, the Section Manager steered Con Ed work to Rudell, supported the awarding of lucrative Con Ed contracts to Rudell, and reviewed and authorized payments to Rudell under those contracts. During this time period, Rudell received approximately $30 million in payments from Con Ed that were approved by the Section Manager.
The complaint also alleges that, from approximately 2003 to 2010, Quiambao provided approximately $200,000 in cash kickbacks to a Con Ed Section Manager in the Construction Public Improvement (CPI) unit. The CPI Section Manager oversaw engineering construction projects and had influence over the awarding of contracts to outside contractors like Rudell. Approximately once per month or every two months, Quiambao provided the CPI Section Manager with an envelope of cash. In exchange, the CPI Section Manager reviewed, edited, and provided advice regarding Rudell’s bid proposals before Rudell submitted them to Con Ed. The CPI Section Manager also steered Con Ed work to Rudell and supported the awarding of “sole source” contracts to Rudell.
The complaint further alleges that, from approximately 2000 to 2010, Quiambao provided at least $240,000 in kickbacks to a Con Ed Engineering Supervisor in the Mapping Department. During that time period, Rudell was awarded numerous Mapping Department contracts in the amount of approximately $6.9 million. Approximately once per month, Quiambao gave the Engineering Supervisor checks from Rudell – and, after the January 2009 arrests, from Rudicon, which had received the same amounts from Rudell – made out to a company owned by the Engineering Supervisor and which Quiambao had suggested and assisted in setting up to facilitate the illegal payments. Consistent with the defendant’s modus operandi, the memo lines of the Rudell to Rudicon checks, and the corresponding Rudicon to the Engineering Supervisor’s company checks, often listed the same Con Ed projects, projects which were supervised by the Engineering Supervisor. The Engineering Supervisor steered Con Ed projects to Rudell, supported the awarding of sole source contracts to Rudell, and recommended Rudell to other Con Ed employees.
“For more than a decade, Rodolfo Quiambao allegedly played dirty to make sure he received the contracts, and millions of dollars, that he wanted. And, ordinary New Yorkers, who rely on Con Ed for electricity, gas, and steam, bore the costs,” stated Acting United States Attorney Currie.
“Today’s arrest is one more domino to fall in a long line of Con Ed employees and contractors involved in systematic corruption that has left the consumer to foot the bill through higher rates,” said HSI New York Special Agent-in-Charge Parmer. “HSI remains committed to working with our law enforcement partners to investigate and expose money laundering activities regardless of the scheme.”
“Like any other purchaser of goods or services, Con Ed customers expect to pay fair rates for their utilities. Customers ultimately pay for corrupt bidding practices in the form of higher prices, or in the case of utilities, higher rates. Just as IRS Criminal Investigation is committed to ensuring that everyone pays their fair share of taxes, we will work with our law enforcement partners on bribery and kickback scheme investigations, sharing our financial investigative expertise to ensure that businesses play fairly and that customers get what they pay for,” stated Special Agent-in-Charge Kitchen of IRS-CI.
“The conduct charged against Quiambao, the subject in today’s announcement, is egregious in its nature, duration, and its scope. Further, the conduct was particularly brazen in that he allegedly took steps to hide his scheme, and yet continue the scheme, even while others were arrested in this investigation. The Port Authority Inspector General will continue to work cooperatively with its law enforcement partners to root out systematic corruption in the construction industry,” stated Inspector General Nestor of The Port Authority.
If convicted, Quiambao faces a maximum sentence of ten years’ imprisonment and a $250,000 fine.
The charges in the complaint are merely allegations, and the defendant is presumed innocent unless and until proven guilty.
The government’s case is being prosecuted by the Office’s Public Integrity Section. Assistant United States Attorneys Lan Nguyen and Tali Farhadian are in charge of the prosecution.
The Defendant:
RODOLFO QUIAMBAO
Age: 71
Queens, New York
E.D.N.Y. Docket No. 15 M 475
Cleveland, OH man convicted of selling heroin near WV playgroundRead the Press Release
WHEELING, WEST VIRGINIA – Shannon Jerome Hinton, 25, of Cleveland, Ohio, was convicted of selling heroin near a Hancock County, West Virginia playground in federal court, United States Attorney William J. Ihlenfeld, II, announced.An investigation by the Hancock, Brooke, Weirton Drug and Violent Crime Task Force, a HIDTA-funded initiative, revealed that Hinton sold heroin in August 2014 near Clark Field Playground in Hancock County, West Virginia.
Hinton pled guilty to one count of “Aiding and Abetting in the Distribution of Heroin within 1,000 Feet of a Protected Location.” He faces between one and forty years in prison and a fine of up to $2,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.Assistant U.S. Attorney Stephen Vogrin prosecuted the case on behalf of the government. The Columbiana County, Ohio Drug Task Force and Drug Enforcement Administration Youngstown, Ohio Field Office assisted in the investigation.
Senior U.S. District Judge Frederick P. Stamp presided.Clay County Man Sentenced for Receiving Child Pornography over the InternetRead the Press Release
Jacksonville, Florida – United States District Judge Timothy J. Corrigan has sentenced Gregory Michael McCarty (46, Green Cove Springs) to five years in federal prison for receiving child pornography over the Internet. He was also ordered to serve a 10-year term of supervision following his release from prison, and to register as a sex offender. At the conclusion of the sentencing hearing, McCarty was remanded to the custody of the U.S. Marshals Service to await designation to a federal facility.
According to court documents, an agent with the Florida Department of Law Enforcement in Jacksonville began an undercover investigation to identify individuals in that area that had access to and/or were trading images and videos depicting child pornography over the Internet. The agent determined that a computer in the northeast Florida area was hosting images of child pornography using a peer-to-peer file sharing program. The agent was able to download several files from this computer. Further investigation traced the computer to McCarty’s residence in Green Cove Springs.
Law enforcement officers subsequently executed a federal search warrant at McCarty's residence and seized several computers and other electronic media. During an interview with agents, McCarty acknowledged that he had been receiving child pornography for about two years, stating that he had some on his external drives “for a long time.” He stated, “I fell into it and never got rid of it and never quit.” McCarty further stated, “I know it was wrong, I just didn’t get rid of it and didn’t, didn’t stop doing whatever I was doing.” The forensic analyses of the seized equipment revealed that McCarty’s computer media contained at least 18 images and at least 20 videos depicting the sexual abuse of children.
This case was investigated by the Florida Department of Law Enforcement, the Federal Bureau of Investigation, and the Clay County Sheriff’s Office. It was prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Christopher Anthony Burkett Arrested on Federal Child Pornography ChargesRead the Press Release
KNOXVILLE, Tenn. - Christopher Anthony Burkett, 41, was arrested in Knoxville on June 3, 2015, by members of the Knoxville Police Department’s Internet Crimes Against Children Task Force (ICAC).
The arrest stems from a five-count indictment charging Burkett in two counts with knowingly using, enticing, and coercing minors to engage in sexually explicit conduct for the purpose of producing visual depictions of such conduct, having reason to know that it would be transported in interstate and foreign commerce. Burkett is also charged in three separate counts with knowingly receiving, distributing, and possessing child pornography. The indictment alleges that the illegal conduct took place in 2014 and 2015.
Following the arrest, an initial appearance was held in U.S. District Court in Knoxville before the Honorable C. Clifford Shirley, Jr., U.S. Magistrate Judge, at which the indictment was unsealed and Burkett was apprised of the charges. He pleaded not guilty to the charges and was held in federal custody pending a detention hearing set for 9:00 a.m., Tuesday, June 9, 2015.
The details of the charges are outlined in the indictment which is filed as a public record in the U.S. District Court for the Eastern District of Tennessee at Knoxville.
This investigation was conducted by the Knoxville Police Department ICAC. Assistant U.S. Attorney Matthew Morris represents the United States.
Members of the public are reminded that these are only charges and that every person is presumed innocent until his or her guilt has been proven beyond a reasonable doubt.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), 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.
###
Chiropractor Pleads Guilty to Obstructing Investigation of Health Care Fraud Involving D.C. Medicaid ProgramRead the Press Release
WASHINGTON – Rehman Mirza, 42, a chiropractor who practiced in Suitland, Md., has pled guilty to a federal charge of obstructing a criminal health care fraud investigation for trying to cover up his role in a scheme involving fraudulent claims submitted to the District of Columbia Medicaid program for personal care aide services.
The guilty plea was announced today by Acting U.S. Attorney Vincent H. Cohen, Jr. and Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office.
Mirza, of Woodbridge, Va., pled guilty on May 29, 2015, in the U.S. District Court for the District of Columbia. The Honorable Ketanji Brown Jackson scheduled a status hearing for Sept. 24, 2015. The charge carries a statutory maximum of five years in prison and financial penalties. Under federal sentencing guidelines, the parties have agreed that Mirza faces a likely range of 10 to 18 months in prison and a potential fine of $3,000 to $30,000. He also has agreed to pay $48,450 in restitution to the D.C. Medicaid program.
The plea agreement calls for Mirza to cooperate in an investigation involving fraud, kickbacks, and false billings in the field of home care services for D.C. Medicaid patients.
The underlying fraud involved D.C. Medicaid payments for home care services to be performed by personal care aides, working for home care agencies. Personal care aides, also known as PCAs, are supposed to assist Medicaid beneficiaries in performing activities of daily living, such as getting in and out of bed, bathing, dressing, keeping track of medication, and so forth. In order to be covered for such benefits, the beneficiaries must get prescriptions from physicians or advanced practice registered nurses. D.C. Medicaid only reimburses for home care services if a physician determines after a physical examination that the beneficiary has functional limitations impairing activities of daily living. The prescriptions, also known as “intakes,” dictate the frequency and duration of the services to be provided. The prescriptions are translated later into plans of care, which also must be signed by the physician.
In the District of Columbia, a typical prescription, or “intake,” calls for eight hours of personal care services per day for five days per week, or eight hours per day for seven days per week. Over the six-month time span authorized by such a prescription, D.C. Medicaid would pay between $16,952 and $23,732 for personal care services provided to one beneficiary.
Mirza is licensed as a chiropractor in Maryland and Virginia, but is not licensed as a chiropractor in the District of Columbia, and is not licensed as a physician. He worked at Capital Health LLC, d/b/a Capitol Health Chiropractic in Suitland, Md. He was not authorized to prescribe personal care services, and he was not enrolled as a provider in D.C. Medicaid.
“This chiropractor pocketed tens of thousands of dollars by generating bogus documents used to defraud D.C. Medicaid,” said Acting U.S. Attorney Cohen. “When the FBI began to zero in on him, he obstructed justice by coaching his office assistant about what to say to the authorities. This guilty plea is one more step in our efforts to clean up the rampant fraud and corruption in the home health care industry in the District of Columbia.”
“By illegally writing prescriptions for services he was not qualified to provide in exchange for monetary kickbacks from home health care agencies, Mr. Mirza took advantage of D.C.’s Medicaid program and then lied to the FBI about his role in the scheme,” said Assistant Director in Charge McCabe. “This fraud steals from government programs designed to assist deserving patients and the FBI will continue to identify, arrest and prosecute anyone who participates in defrauding government programs.”
The scheme: According to a statement of offense, signed by the government as well as the defendant, Mirza and others carried out a scheme to defraud the D.C. Medicaid program from approximately November 2012 through at least June 2013. Personal care aides, working for at least seven home care agencies, brought numerous D.C. Medicaid beneficiaries to Mirza, and after brief examinations, Mirza wrote prescriptions and plans of care, listing himself and signing as the “ordering physician” even though he was not a physician and was not legally or medically qualified and could not determine whether the services were medically necessary.
Seeing D.C. Medicaid beneficiaries and signing their intakes and plans of care became Mirza’s primary source of income. Mirza initially was paid $125 for each D.C. Medicaid beneficiary brought to his office by a personal care aide, but he later increased the size of the cash payments to $200. Mirza’s prescriptions, or “intakes,” typically included a diagnosis such as “chronic severe back pain” and called for services for eight hours a day, seven days a week, for six months. The personal care aides would insist that Mirza write the name of the PCA on the intake before it was sent to the home care agency; it was understood this was so the personal care aides would receive their kickback from the home care agency for each D.C. Medicaid beneficiary the PCA brought to Mirza and then to the home care agency.
During the course of the fraud scheme, Mirza signed hundreds of prescriptions and plans of care, and in exchange collected at least $48,450 in cash payments from personal care aides. Home care agencies used Mirza’s prescriptions and plans of care to support and justify their claims for payment to Medicaid – even though the paperwork was invalid on its face because it was not prescribed or signed by a physician as required.
The obstruction: When Mirza was approached by the FBI in his office and questioned about his role, he denied he had any involvement with Medicaid. After the agents served Mirza with a subpoena for his patient files and other documents, the agents told Mirza they planned to interview his office assistant. After the agents left, Mirza offered to drive his assistant home. During that car ride, Mirza attempted to obstruct the government’s investigation, by attempting to influence his assistant’s statements to the FBI, telling the assistant not to use certain words, encouraging and suggesting that she not be fully truthful, and ensuring that their stories would match so that Mirza would not be “implicated” by his assistant. For example, Mirza tried to convince his assistant they had nothing to do with Medicaid and instructed the assistant not to say the word “Medicaid” at least ten times during the course of their 45-minute conversation.
This investigation was conducted by the FBI’s Washington Field Office.
This case is being prosecuted by Assistant U.S. Attorney Ted Radway, and was investigated by Assistant U.S. Attorney Radway and former Special Assistant U.S. Attorney Dangkhoa Nguyen. Assistance was provided by Paralegal Specialist Corinne Kleinman.
The FBI has set up a hotline number to report suspected incidents of Medicaid fraud: 855-281-1242. People can also provide information by e-mail to [email protected].
Numerous agencies are participating in the broader investigation into Medicaid fraud, including the U.S. Department of Health and Human Services, Office of Inspector General; the U.S. Secret Service; the Medicaid Fraud Control Unit of the District of Columbia’s Office of the Inspector General; the Social Security Administration, Office of Inspector General; the Internal Revenue Service-Criminal Investigation; the U.S. Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI); the Office of Labor Racketeering and Fraud Investigations, Office of Inspector General, Department of Labor; and the Medicaid Fraud Control Unit of the Maryland Attorney General’s Office.
Carroll County, Iowa Man to Federal Prison for Methamphetamine ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was sentenced June 3, 2015, to more than five years in federal prison.
Christopher Julin, 29, from Manning, Iowa, received the prison term after a January 21, 2015, guilty plea to conspiracy to distribute methamphetamine.
At the guilty plea, Julin admitted that from 2013 through July 2014, he was involved in a conspiracy that distributed at least five pounds of mixed methamphetamine which contained at least 1500 grams of actual (pure) methamphetamine. Julin obtained methamphetamine in 2-4 ounce quantities from Mark Weller and sold it in ¼ to one ounce quantities. Julin also admitted to trading an SKS rifle to Mark Weller in exchange for ½ ounce of methamphetamine.
Julin was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Julin was sentenced to 66 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system. Julin is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by Iowa Division of Narcotics Enforcement; Iowa Division of Criminal Investigations; Denison, Iowa Police Department; and Carroll County, Iowa Sheriff’s Office.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-4059.
Follow us on Twitter @USAO_NDIA.
Carmen Johnson Sentenced for Two Separate Residential Mortgage Fraud SchemesRead the Press Release
Greenbelt, Maryland – U.S. District Judge George Jerrod Hazel sentenced Carmen Johnson, age 48, of Gambrills, Maryland, late yesterday to 57 months in prison followed by five years of supervised release for conspiracy, wire fraud and making a false statement on a loan application, arising from two residential mortgage fraud schemes. Judge Hazel also entered an order that Johnson pay $2,315,660.94 in restitution.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Cary A. Rubenstein of the U.S. Department of Housing and Urban Development Office of Inspector General; Deputy Inspector General for Investigations Rene Febles of the Federal Housing Finance Agency Office of Inspector General; Acting Special Agent in Charge James Murray of the United States Secret Service – Washington Field Office; John L. Phillips, Assistant Inspector General for Investigations, U.S. Department of the Treasury - Office of Inspector General; and Acting Special Agent in Charge Ivan Arvelo of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).
According to the evidence presented at her seven day trial, in the first scheme, which operated from March 2007 to November 2008, Johnson conspired with real estate agent Edgar Tibakweitira and others to fraudulently obtain residential mortgage loans by making false statements during the loan application and approval process. In the second scheme, witnesses testified that between April and July 2008 Johnson conspired with real estate agent Nsane Phanuel Ligate and others in a similar mortgage fraud scheme involving two properties in Baltimore.
Johnson owned and operated CJ Lending and its predecessor Able Estate & Company, which provided credit repair services. Witnesses testified that in both schemes Carmen Johnson reported to credit bureaus and provided her fellow co-conspirators with false credit histories showing backdated lines of credit that were used to convince lenders to give mortgage loans. As part of both schemes, Johnson’s co-conspirators used stolen or false identity information, false documents – including W-2 forms, earnings and banks statements – and false credit information to induce lenders to provide mortgage loans to straw purchasers. Johnson’s co-conspirators also inflated the sales prices of the properties by creating false documents for repairs and renovations that were never made. After the settlement, the conspirators divided up the cash received for the purported repairs.
As a result of both schemes, losses to financial institutions totaled $2,309,646.
Co-conspirators Edgar Tibakweitira, a/k/a “Edgar Julian,” “Charles Edgar Tibakweitira,” and “Edgar Gaudious Tibakweitira,” age 46, of Severn, Maryland, Flavia Makundi, age 42, of Severn Park, Maryland, Ayoub Luziga, age 35, of Bowie, Maryland, Raymond Abraham, age 48, of Silver Spring, Maryland, Mokorya Cosmas Wambura, age 42, of Takoma Park, Maryland, Abdallah Suleiman Kitwara, age 44, of Bowie, Maryland, have pleaded guilty to their roles in the first scheme. Tibakweitira was sentenced to 57 months in prison and ordered to pay restitution of $2,482,856.05. Luziga was sentenced to 21 months in prison and ordered to pay restitution of $999,726. Kitwara was sentenced to 15 months in prison and ordered to pay $290,954 in restitution. Abraham was sentenced to 33 months in prison and ordered to pay $999,726 in restitution. Annika Boas, age 37, of Mount Rainier, Maryland, was convicted after trial and sentenced to 27 months in prison and ordered to pay restitution of $511,147. Makundi was sentenced to time served.
Nsane Phanuel Ligate, age 42, of Ashburn, Virginia, Cane Mwihava, age 43, of Bowie, Maryland, Larry Johnson, age 58, of Capital Heights, and Gladyness Silaa, age 36, of Bowie, Maryland have also pleaded guilty to their roles in the second mortgage fraud scheme. Larry Johnson was sentenced to eight months in prison consecutive to the current sentence he is serving on an unrelated case and ordered to pay restitution of $352,091. Silaa and Mwhihava were each sentenced to six months home detention, and Ligate was sentenced to five months home detention.
The Maryland Mortgage Fraud Task Force was established to unify the agencies that regulate and investigate mortgage fraud and promote the early detection, identification, prevention and prosecution of mortgage fraud schemes. This case, as well as other cases brought by members of the Task Force, demonstrates the commitment of law enforcement agencies to protect consumers from fraud and promote the integrity of the credit markets. Information about mortgage fraud prosecutions is available http://www.justice.gov/usao/md/priorities_financialfraud.html.
Today’s announcement is part of the efforts undertaken in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices, and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions and other organizations. Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants. For more information on the task force, please visit www.StopFraud.gov.
United States Attorney Rod J. Rosenstein praised HUD-OIG, FHFA-OIG, Treasury OIG, U.S. Secret Service and HSI Baltimore for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Kristi N. O’Malley and Special Assistant U.S. Attorney Kevin Di Gregory, Investigative Counsel for the Federal Housing Finance Agency Inspector General, who prosecuted the case.
Career Criminal from Albuquerque Sentenced to 272 Months for Brandishing a Firearm During Bank Robbery in February 2014Read the Press Release
ALBUQUERQUE – A career offender who was prosecuted under the federal “worst of the worst” anti-violence initiative was sentenced this afternoon in federal court for his conviction on bank robbery and firearms charges arising out of the Feb. 19, 2014, armed robbery of the First Financial Credit Union (the bank) located at 2929 Coors Blvd in Albuquerque, N.M.
Devin Jasperse, 31, of Albuquerque, N.M., was sentenced to 188 months in federal prison for the bank robbery conviction and an additional seven years in prison for brandishing a firearm during the robbery. Because the seven-year sentence on the firearms charge must be served consecutive to the 188 month sentence on the bank robbery charge, Jasperse will serve 272 months in prison followed by five years of supervised release. Jasperse was also ordered to pay restitution to the bank that was the victim of his crime.
U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, and Chief Gorden Eden, Jr., of the Albuquerque Police Department noted that Jasperse was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Jasperse was arrested on March 27, 2014, on a criminal complaint charging him with the armed robbery of the bank on Feb. 19, 2014, and with brandishing a firearm during a crime of violence. Jasperse subsequently was indicted on the same charges in a two-count indictment on April 23, 2014.
On March 5, 2015, Jasperse pled guilty to both counts of the indictment and admitted robbing the bank at gunpoint. Jasperse admitted climbing over the teller counter, and yelling that he was committing a bank robbery and that he had a gun. After three bank tellers complied with his demands for cash, Jasperse climbed back over the teller counter and ran out of the bank with the cash. In entering his guilty plea, Jasperse also admitted that he disposed of the gun he used in the armed bank robbery and that he had stashed another firearm at an apartment which was later seized by law enforcement.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department. Assistant U.S. Attorney Lynn Wei-Yu Wang is prosecuting this case.
Career Criminal Sentenced to 262 Months for Drug Trafficking and Possession of A FirearmRead the Press Release
United States Attorney Andrew M. Luger announced on Wednesday the sentence of ALBERT TERRELL ELLIS, 38, a/k/a, “Alvin Ellis,” to 262 months in prison for possession of a firearm, possession with intent to distribute heroin and use of a firearm during and in relation to a drug trafficking crime. The Defendant was sentenced on June 4, 2015 before U.S. District Court Judge Ann Montgomery.
As proven at trial and according to documents filed in court, on October 10, 2012, ELLIS and his girlfriend, A.G., got into a fight with A.G.’s roommate, J.C. The Duluth Police Department responded to a 911 call from J.C.’s mother informing the police department that her daughter felt she was in danger. During a subsequent search of the apartment and ELLIS’s car, police dogs discovered heroin and crack. ELLIS had hidden the drugs, packaged for distribution, in the gas cap of his car. He also hid a loaded Smith and Wesson .45 Caliber pistol in the engine block of his vehicle. ELLIS was later arrested with more than $6,000 in illegal drug proceeds.
According to documents filed in court, ELLIS is a career criminal with a violent history. He was first convicted of battery when he was 14-years-old. His criminal history includes two convictions for drug trafficking, and convictions for attempted murder and attempted armed robbery, each of which is a felony. When ELLIS was let out of prison for attempted armed robbery in 2009, he was arrested four times between then and 2012. Three times for battery and once for theft.
“This defendant is an armed career criminal and a career offender with a violent criminal history,” said Assistant United States Attorney Tom Calhoun-Lopez. “This sentence will ensure that society is protected from his further crimes.”
This case was prosecuted by Assistant United States Attorney Tom Calhoun-Lopez.
Defendant information:
ALBERT TERRELL ELLIS, 38
Duluth, Minn.
Convicted:
- Possession of a firearm as an armed career criminal, 1 count
- Possession with intent to distribute heroin, 1 count
- Use of a firearm during and in relation to a drug trafficking crime, 1 count
Sentenced:
- 262 months in prison
###
Additional news available on our website.
Follow us on Twitter and Facebook.
United States Attorney’s Office, District of Minnesota: (612) 664-5600
California Man Sentenced to 13 Months in Prison for Credit Card FraudRead the Press Release
Contact: Halsey B. Frank
Assistant United States Attorney
Tel: (207) 780-3257
Portland, Maine: United States Attorney Thomas E. Delahanty II announced that Jervis A. Hillaire, 25, of Menifee, California was sentenced in U.S. District Court by Judge D. Brock Hornby to 13 months in prison and three years of supervised release for conspiracy to commit access device fraud. He was also ordered to pay $17,987.56 in restitution. Hillaire pleaded guilty on January 29, 2015.According to court documents, on about September 4, 2013, Hillaire, Gyadeen Ramdihall and a third person travelled from New York to Maine with 38 credit, debit and gift cards that were counterfeit or fraudulently altered. In Maine, the three individuals used cards to purchase gift cards and electronic devices from vendors including, among others, Best Buy, Apple, Target and Walmart. On October 10, 2013, an Ohio State Trooper stopped Ramdihall for speeding. Hillaire was his passenger. A total of 17 fraudulent access device cards in Hillaire’s name were found in the trunk of the vehicle under the spare tire. On January 24, 2014, the Biddeford Police stopped Ramdihall near the Walmart store in Biddeford. Hillaire was again his passenger. Ramdihall was arrested for driving with a suspended license; Hillaire was arrested for providing a false identity. Police discovered eight fraudulent access device cards in Hillaire’s boot.
In pronouncing sentence, Judge Hornby observed that Mr. Hillaire was a smart and capable person, but that he was messing up his life. He urged Hillaire to use this experience as a life changer, but said that the sentence was necessary to send a message to the public and to the defendant that this kind of activity will not be tolerated.
The investigation was conducted by the United States Secret Service, the Kittery and Biddeford Police Departments and the Ohio State Police.California Man Pleads Guilty to Federal Narcotics Trafficking and Firearms Charges in New MexicoRead the Press Release
ALBUQUERQUE – Marcos Anthony Correa, 30, of San Bernardino, Calif., entered a guilty plea today in federal court in Albuquerque, N.M., to methamphetamine trafficking and firearms charges. Under the terms of his plea agreement, Correa will be sentenced within the range of 180 to 300 months followed by a term of supervised release to be determined by the court.
The guilty plea was announced by U.S. Attorney Damon P. Martinez, 8th Judicial District Attorney Donald Gallegos, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division, Special Agent in Charge Thomas G. Atteberry of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Chief Pete N. Kassetas of the New Mexico State Police.
Correa was charged in a four-count indictment filed on Aug. 12, 2014, with (1) possession of methamphetamine with intent to distribute, (2) possession of heroin with intent to distribute, (3) possession of a firearm in relation to a drug trafficking crime, and (4) being a felon in possession of a firearm. The indictment was subsequently superseded on Sept. 9, 2014, to reflect an increase of the quantity of methamphetamine involved in Count 4.
According to the superseding indictment, Correa committed the offenses on May 30, 2014, in Colfax County, N.M. At the time, Correa was prohibited from possessing firearms or ammunition because he previously had been convicted of multiple felony offenses, including evading a peace officer, possession of a controlled substance for sale, transporting a controlled substance with a participation in a criminal street gang enhancement and possession of heroin, resisting an officer.
Court records reflect that Correa was arrested on May 30, 2015, on related-state charges filed in the 8th Judicial District Court for the State of New Mexico (Colfax County, N.M.). The state charges were dismissed after the federal charges were filed.
Today, Correa pled guilty to Counts 1 and 3 of the superseding indictment, which charged him with possession of methamphetamine with intent to distribute and possession of a firearm in relation to a drug trafficking crime. In entering the guilty plea, Correa admitted that on May 30, 2014, he possessed 87.3 grams of 100% pure methamphetamine that he intended to deliver to another person. He further admitted possessing a semiautomatic pistol and ammunition in order to protect himself and his drugs in the event someone tried to rob him.
Correa has been in custody since his arrest and will remain detained pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque offices of the DEA and Bureau of Alcohol, Tobacco, Firearms and Explosives and the New Mexico State Police, with assistance from the 8th Judicial District Attorney’s Office.
Assistant U.S. Attorney Samuel A. Hurtado is prosecuting this case pursuant to a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Collinsville Woman Sentenced to Federal Prison for Theft of Federal FundsRead the Press Release
Gulfport, Miss. – Ukisha Lashay Carter, 34, of Collinsville, Mississippi, was sentenced today by U.S. District Judge Sul Ozerden to a term of nine months in federal prison followed by three years of supervised release for theft of federal funds, U.S. Attorney Gregory K. Davis announced. Carter was also ordered to make restitution to the Internal Revenue Service in the amount of $25,947.00 and pay a $2,500 fine.
Carter pled guilty on February 13, 2015 to theft of federal funds. From 2008 to 2009, she was involved in a scheme to utilize stolen personal identifiers, including names and social security numbers, for the preparation and submission of false income tax claims based upon fraudulent income tax returns. As a result of her stolen identity refund fraud scheme, Carter received the federal tax refunds in bank accounts under her control, including accounts at a federal credit union in Mississippi.
This case was investigated by IRS - Criminal Investigation and prosecuted by Assistant U.S. Attorney Andrea Jones.
Butte Man Sentenced to 7 Years for Distributing Child Porn and Illegal Gun PossessionRead the Press Release
MISSOULA – Robert White, 51, of Butte, was sentenced today in federal court to seven years in prison for distributing child pornography and possessing a firearm that was not registered to him in the national registry. He received seven years for each count, to run concurrent. Chief U.S. District Court Judge Dana Christensen also sentenced White to 10 years supervised release, $4,000 in restitution, and ordered him to forfeit his laptop computer and the firearm.
White’s crime was discovered when an agent with the Internet Crimes Against Children Task Force found that White was writing sexually explicit phrases regarding prepubescent children within an Internet relay channels (IRC) and posting links to files of child pornography within IRC. The agent also determined White was utilizing a peer-to-peer (P2P) client to receive video and image files of children engaged in sexually explicit conduct. White also distributed child pornography on more than a dozen occasions.
The agent determined the IP address for all of these distributions was assigned to White at his residence in Butte, Montana. Agents obtained a search warrant for White’s residence in Butte. Agents executed the warrant and White’s laptop was seized. The laptop was examined and a forensic examined located image and video files depicting child pornography and confirmed his previous distribution of child pornography.
In relation to the firearm crime, a 2014 investigation determined that White was also in possession of a 12 gauge shotgun with a length of approximately 19 inches and a barrel length approximately 13.5 inches. The firearm was illegal unless registered to him in the Nation Firearms Registration and Transfer record. White had not registered the firearm.
This case was prosecuted by Assistant U.S. Attorney Cyndee Peterson and investigated by the Internet Crimes Against Children Task Force.
Burlington, New Jersey, Woman Admits to Stealing More Than $150,000 in Social Security Benefits for Her Deceased MotherRead the Press Release
CAMDEN, N.J. - A Burlington, New Jersey, woman admitted today to stealing more than $150,000 in Social Security benefits that were paid to an account in her deceased mother’s name, U.S. Attorney Paul J. Fishman announced.
Jean Marshall, 69, pleaded guilty before Senior U.S. District Judge Joseph E. Irenas in Camden federal court to an information charging her with one count of theft of government funds.
According to documents filed in this case and statements made in court.
Marshall’s mother was entitled to Survivor’s Benefits from the Social Security Administration (SSA). Her mother’s benefits were paid by direct deposit into her bank account, which she held jointly with Marshall.
Marshall admitted that she failed to notify the SSA of her mother’s death in May 2003. As a result, SSA continued to make payments into their joint account. From May 2003 through May 2013, Marshall accessed her deceased mother’s bank account in order to make personal use of the Social Security funds. Altogether, Marshall obtained $151, 789 in benefits to which she was not entitled.
The charge to which Marshall pleaded guilty carries a maximum potential penalty of 10 years in prison and a $250,000 fine. Sentencing is scheduled for Sept. 9, 2015.
U.S. Attorney Fishman credited special agents of the Social Security Administration, Office of Inspector General, under the direction of Inspector General Patrick P. O’Carroll Jr., with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Justin C. Danilewitz of the U.S. Attorney’s Office in Camden.
Defense counsel: Christopher O’Malley Esq., Assistant Federal Public Defender, Camden
Building Owner Pleads Guilty to BriberyRead the Press Release
Dvir Derhy, 46, of Miami-Dade County, Florida, the owner of the Miami Office Center, which leases office space and manages property at a location known as the Flagler Building Downtown, entered a plea of guilty yesterday to one count of bribery.
Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, FBI, Miami Field Office, and Rodolfo Llanes, Chief, City of Miami Police Department (MPD), made the announcement.
According to the factual proffer in support of his plea of guilty, Derhy owned and operated The Miami Office Center, which leased office space and managed property at, among others, the Flagler Building Downtown located at 223 East Flagler Street in Miami. The Flagler Building had been cited by the City of Miami Fire Department for violations because it had obstructed means of egress (some of its exits were blocked).
In June 2014, Derhy offered to pay a City of Miami fire inspector and building planner in order to remove the violation citations. On one such occasion, Derhy attempted to slip money into the fire inspector’s shirt pocket and stated that it was for a “donation to the City.”
On July 18, 2014, law enforcement agents conducted a recorded undercover operation at the Flagler Building in which one of them assumed the identity of a fire inspector and met with Derhy. A City of Miami fire inspector, as well as the undercover agent, met with Derhy to discuss the egress violations which stemmed from obstructed exit doors at the Flagler Building. During the meeting, Derhy offered a bribe payment to the fire inspector and the undercover officer by giving them an envelope that contained $10,000. In exchange for the money, the fire inspectors were supposed to “clear” (remove) the exit door violations from the property record without Derhy in fact fixing the problems cited in his violation notice. Additionally, Derhy would not be required to submit an approved plan and permit to modify and bring the Flagler Building up to code. The fire inspector and the undercover agent accepted Derhy’s offer and the envelope containing the $10,000.
On July 21, 2014, the undercover agent placed a call to Derhy, and told him that he had put together a plan of action for the violations at the Flagler Building. The undercover agent also stated that he could take care of the Certificate of Use that would be needed be for the property. The undercover agent told Derhy that they needed a work permit, and stated that he “could fix that on [his] end.” The undercover agent also indicated that there was a second issue that would require backdating paperwork.
Later that afternoon, the undercover agent and Derhy met at a pre-determined location and were recorded. During the meeting, Derhy paid the undercover agent an additional $3,000 in U.S. currency to “clear everything.” The undercover agent stated that he would “start making things happen, such as the prior approval, work permits, sketchings for fire, and a certificate of use.”
Yesterday, U.S. District Judge Marcia G. Cooke scheduled Derhy’s sentencing hearing for August 26, 2015. Derhy is subject to a maximum sentence of ten years in prison, followed by three years of supervised release. Derhy is also subject to a $250,000 fine and forfeiture in the amount of $13,000.
Mr. Ferrer commended the investigative efforts of the FBI Miami Area Corruption Task Force and City of Miami Police Department Internal Affairs Section. The case is being prosecuted by Assistant U.S. Attorney Harry C. Wallace, Jr.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Broward Resident Sentenced for his Role in Identity Theft Fraud Scheme Involving Stolen Credit Card NumbersRead the Press Release
A Broward resident was sentenced to 34 months in prison, followed by three years of supervised release, and was ordered to pay restitution of $45,711.10, for his involvement in an identity theft fraud scheme where he obtained and used stolen credit card numbers of individuals without their authorization.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), Neil Melofchik, Acting Special Agent in Charge, U.S. Secret Service (USSS), Miami Field Office, and Scott Israel, Sheriff, Broward Sheriff’s Office (BSO), made the announcement.
Jaqwayn Henry, 25, of Lauderhill, previously pled guilty to one count of conspiracy to commit access device fraud, in violation of Title 18, United States Code, Section 1029(b)(2), and one count of aggravated identity theft in violation of Title 18, United States Code, Section 1028A(a)(1).
Co-defendants Andrew Ware, 27, Alex Dontfred, 29, David Tilus, 27, Sherika Rowe, 20, Fritznel Etienne, 24, and Latonya Ware, 27, all of Lauderhill, were previously sentenced. Andrew Ware was sentenced on April 18, 2014 to 70 months in prison, to be followed by three years of supervised release, and was ordered to pay $182,246.10 in restitution. Dontfred was sentenced on March 18, 2014 to 46 months in prison, to be followed by three years of supervised release, and was ordered to forfeit $49,561.88 and pay restitution in the amount of $45,711.10. Tilus was sentenced on March 10, 2014 to 70 months in prison, to be followed by three years of supervised release, and was ordered to pay $188,322 in restitution. Rowe was sentenced on March 13, 2014 to 45 months in prison, to be followed by three years of supervised release, and was ordered to pay a money judgment of $136,538 and restitution in the amount of $136,535. Etienne was sentenced on March 14, 2014 to 34 months in prison, to be followed by two years of supervised release, and was ordered to pay a money judgment of $11,204 and restitution in the amount of $3,844.81. Latonya Ware was sentenced on March 10, 2014 to 34 months in prison, to be followed by three years of supervised release, and was ordered to pay a money judgment of $136,535 and restitution in the amount of $136,535.
Andrew Ware previously pled guilty to one count each of conspiracy to commit wire fraud, wire fraud, conspiracy to commit access device fraud, and aggravated identity theft, in violation of Title 18, United States Code, Sections 1349, 1343, 1029(b)(2) and 1028A(a)(1), respectively. Dontfred previously pled guilty to one count each of conspiracy to commit access device fraud and access device fraud, in violation of Title 18, United States Code, Sections 1029(b)(2) and 1029(a)(2), respectively. Tilus previously pled guilty to one count each of conspiracy to commit wire fraud, wire fraud, conspiracy to commit access device fraud, and aggravated identity theft, in violation of Title 18, United States Code, Sections 1349, 1343, 1029(b)(2) and 1028A(a)(1), respectively. Rowe previously pled guilty to one count each of conspiracy to commit wire fraud, wire fraud and aggravated identity theft, in violation of Title 18, United States Code, Section 1349, 1343 and 1028A(a)(1), respectively. Etienne previously pled guilty to one count each of access device fraud and aggravated identity theft, in violation of Title 18, United States Code, Sections 1029(a)(2) and 1028A(a)(1), respectively. Latonya Ware previously pled guilty to one count each of conspiracy to commit wire fraud and aggravated identity theft, in violation of Title 18, United States Code, Section 1349 and 1028A(a)(1), respectively.
According to court documents, Andrew Ware, David Tilus, Latonya Ware and Sherika Rowe obtained the personal identifying information (PII) of numerous identity theft victims, including their names, dates of birth, and social security numbers. Latonya Ware stole patients' names and social security numbers from a medical office where she worked, and gave the PII to Tilus and her cousin, Andrew Ware. Rowe electronically filed fraudulent tax returns utilizing the victims’ names and social security numbers, and the fraudulent refunds from these returns were loaded onto prepaid debit cards that Tilus and Andrew Ware used to purchase gift cards and other merchandise from retail stores. The fraudulent refunds that Andrew Ware, Tilus, Latonya Ware and Rowe claimed using stolen identities totaled returns in the amount of approximately $137,132 dollars.
Court documents indicate that Henry, Andrew Ware, Tilus, Dontfred and Etienne utilized victims’ access devices without their authorization, to purchase merchandise totaling at least $1,000 in a single year. These defendants obtained credit card numbers from various victims and used these stolen access devices to purchase merchandise, gift cards and prepaid debit cards for later use. The total amount of fraudulent charges made or attempted to be made by Henry, Andrew Ware, Tilus, and Dontfred utilizing the stolen credit cards is $49,561.88. From approximately January 20, 2012 through January 22, 2012, the total amount of fraudulent charges made or attempted to be made by Etienne utilizing a stolen credit card number was $11,942.23.
The indictment was dismissed against Latanya Ware.
Mr. Ferrer commended the investigative efforts of IRS-CI, the USSS, and BSO. The case is being prosecuted by Assistant U.S. Attorneys Alicia Shick and Harry Wallace.
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.
Brothers from Crownpoint Sentenced to Federal Prison for Assault ConvictionsRead the Press Release
ALBUQUERQUE – Two brothers, enrolled members of the Navajo Nation who reside in Crownpoint, N.M., were sentenced yesterday in federal court in Albuquerque, N.M., for their convictions on assault charges arising out of the brutal attack on another Navajo man in Sept. 2014. Gabriel Largo, 28, was sentenced to 37 months in federal prison followed by three years of supervised release. His brother, Joshua Largo, 21, was sentenced to 24 months followed by a year of supervised release.
The Largo brothers and their co-defendant Michael Benally, 31, a Navajo man who resides in Littlewater, N.M., were arrested on Sept. 17, 2014, on a criminal complaint charging them with assaulting a 43-year-old Navajo man with a sledgehammer and a rock and causing the victim to suffer serious bodily injuries. According to the complaint, the assault took place in the Crownpoint Chapter of the Navajo Nation in McKinley County, N.M., on Sept. 5, 2014.
The three defendants subsequently were indicted on Oct. 7, 2014, in a four-count indictment. Count 1 charged Benally with assaulting the victim and causing him serious bodily injury on July 30, 2014. Count 2 charged Benally, Gabriel Largo and Joshua Largo with conspiring to assault the victim by chasing the victim, throwing rocks at him, kicking him, and striking him with a sledgehammer on Sept. 5, 2014. Counts 3 and 4 charged the three defendants with assault resulting in serious bodily injury and assault with a dangerous weapon.
On March 5, 2015, Gabriel Largo pled guilty to a felony information charging him with assault. In entering his guilty plea, he admitted that on Sept. 5, 2014, he and his co-defendants assaulted the victim. When the victim ran away from them, Gabriel Largo and his co-defendants chased the victim, threw rocks at him and knocked him down. In his plea agreement, Gabriel Largo admitted obtaining a sledgehammer from Benally and using it to strike the victim.
Joshua Largo also pled guilty to a felony information on March 5, 2015, and admitted his participation in a conspiracy to assault the victim. Joshua Largo admitted joining his co-defendants in chasing the victim, throwing rocks at him and knocking him down, and hitting and kicking the victim.
Benally pled guilty on March 27, 2015, to a felony information charging him with conspiracy to commit assault resulting in bodily injury and assault with a dangerous weapon. In entering his guilty plea, Benally admitted that on Sept. 5, 2014, he and his co-defendants approached the victim who was selling firewood. When the victim ran away from them, the three defendants chased the victim, threw rocks at him and knocked him down. The three men then hit and kicked the victim. Benally admitted taking a sledgehammer from his truck and striking the victim in the legs with it with the intention of injuring and harming him. At some point Benally handed the sledgehammer to Gabriel Largo who used it to strike the victim.
Benally remains in federal custody pending his sentencing hearing which is scheduled for on June 29, 2015. At sentencing, Benally faces a maximum statutory penalty of ten years in federal prison followed by a term of supervised release to be determined by the court.
This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety, and is being prosecuted by Assistant U.S. Attorney Linda Mott.
Baltimore Man Sentenced to over 12 Years in Prison for Conspiracy to Rob Three Cell Phone StoresRead the Press Release
Baltimore, Maryland – U.S. District Judge Ellen L. Hollander sentenced Johnny Devon Snow, age 20, today to 150 months in prison, followed by three years of supervised release, for his role in the armed robberies of three cell phone stores.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; and Chief Gary Gardner of the Howard County Police Department.
According his plea agreement, from May 1, 2014 through June 24, 2014, Johnny Snow, his brother Justin Snow, their cousin Taylor Snow and Arkeene Redditt-Abrams conspired to rob three cell phone stores. The defendants planned to steal cash, cell phones and other electronic communications devices, and tablet computers; and that they planned to sell the stolen merchandise. As part of the plan, the defendants determined which firearms were used in the commission of the robberies; conducted surveillance of the targeted stores; wore face masks, hooded jackets and gloves to conceal their identities; and used plastic trash bags to carry the stolen items from the stores.
Specifically, on June 17, 2014, the defendants used a car rented by Taylor Snow to travel to an AT&T store on Dual Highway in Hagerstown. Taylor Snow entered the store to to find out how many people were in the store and whether there were any security cameras. She was talking on ta cell phone as she entered. Less than a minute later Johnny and Justin Snow entered the store, and Justin Snow brandished a firearm in an attempt to rob an employee of the store. Johnny Snow stood near the door and Redditt-Abrams remained in the car, which was parked outside. The defendants realized the store had cameras, left the store and fled in the waiting car.
A few hours later the defendants drove the rented car to an AT&T store in Ellicott City, Maryland. Redditt-Abrams entered the store to “case” it. After he left the Snows entered the store, with Justin Snow again brandishing a gun. They stole cash, cell phones and tablet computers worth more than $18,000. Surveillance video at an adjoining gas station captured images of Taylor Snow’s car at the gas pumps and while it was parked in front of the AT&T store. The video showed Redditt-Abrams entering and leaving the store, then shows three people exiting the car and entering the store. A short time later three people run from the store and get back into the car.
Further, after Johnny Snow’s arrest on June 24, 2014, Justin and Taylor Snow traveled to Mechanicsburg, Pennsylvania, where they used a gun to rob a T-Mobile store of cash, cell phones and tablet computers.
Justin Jose Snow, a/k/a “J.O.,” age 22; Taylor Yvonne Snow, age 22; and Arkeene Antoyn Redditt-Abrams, a/k/a “Duke,” age 26, all of Baltimore, previously pleaded guilty to their roles in the robberies. Taylor Snow was sentenced to nine years in prison. Justin Snow is scheduled to be sentenced on June 30, 2015 and Redditt-Abrams is scheduled to be sentenced on August 15, 2015. They remain detained.
United States Attorney Rod J. Rosenstein praised the FBI, and Howard County Police Department, for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney John F. Purcell, who is prosecuting the case.
Augusta Resident Receives 10 Years in Prison for Possessing A Firearm as A FelonRead the Press Release
Augusta, GA: Marco Charles Gilbert, 29, of Augusta, Georgia, was sentenced last week by United States District Court Judge J. Randal Hall to 10 years in prison for possessing a firearm as a felon. There is no parole in the federal system. Gilbert pled guilty to Possession of a Firearm by a Felon in March 2015.
Evidence presented during Gilbert’s guilty plea and sentencing hearings revealed that on July 8, 2014, Richmond County Sheriff’s Office (RCSO) received information about drug activity at the Ridgewood Apartments on Wheeler Road. When officers responded they found Gilbert seated in his car, and observed items in the car indicative of drug sales. After a K9 unit alerted to Gilbert’s car, officers searched the car and found marijuana, scales, over $1,800 in cash, and a loaded firearm. Gilbert had a number of prior drug-related convictions.
Gilbert’s case was prosecuted as part of Project Ceasefire, a joint firearms initiative of the U. S. Attorney’s Office, the ATF, the local District Attorney’s office and local and state law enforcement agencies. United States Attorney Edward J. Tarver stated that “the purpose of Project Ceasefire is to federally prosecute certain persons in possession of a gun. A person can be federally prosecuted for possessing a gun if they are a convicted felon, a drug dealer, an illegal alien, a fugitive, someone under indictment or someone who has committed a federal crime of violence.” Mr. Tarver commends the cooperative effort between federal, state and local law enforcement agencies to combat gun crime by targeting violent felons and drug dealers who illegally possess firearms.
Gilbert’s case was investigated by the RCSO and the ATF. Assistant United States Attorney Nancy C. Greenwood prosecuted the case on behalf of the United States. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201‑2547.
Attorney General Recognizes Two Eastern District of New York EmployeesRead the Press Release
WASHINGTON – Assistant United States Attorneys James McGovern and Celia Cohen of the U.S. Attorney’s Office for the Eastern District of New York were two of 160 members of the Department of Justice recognized by Attorney General Loretta E. Lynch, Deputy Attorney General Sally Quillian Yates, and Executive Office for U.S. Attorneys (EOUSA) Director Monty Wilkinson at the 31st Director’s Awards Ceremony today in Washington D.C.
The Eastern District of New York was one of 31 districts represented at the ceremony which was held in the Great Hall at the Robert F. Kennedy Department of Justice Building.
In her prepared remarks, Attorney General Lynch told the awardees, “Our honorees include career executives and supervisors; Assistant U.S. Attorneys and Special Assistant U.S. Attorneys; appellate attorneys and law enforcement officials; administrators, paralegals, and public affairs officers. These individuals, and so many others, have faced daunting and sometimes dangerous challenges. They have dedicated their leadership and their expertise, their time and their energy, to the service of their mission. And they have remained devoted, at all times, to the high ideals and deeply-held values that animate our country and our cause.”
Assistant Unites States Attorneys McGovern and Cohen were honored for securing a death sentence, for a second time, against Ronell Wilson, a high-ranking member of the violent Bloods gang, who committed the execution-style murders of New York City Police Department Detectives James V. Nemorin and Rodney “Jay” Andrews during an undercover weapons transaction in Staten Island, New York, on March 10, 2003. After the Second Circuit Court of Appeals reversed Wilson’s 2007 death sentence, the prosecutors undertook what many believed to be the insurmountable task of convincing a New York jury to impose the death penalty, again. Proving that will, skill, and commitment can overcome most obstacles, the prosecutors worked tirelessly and masterfully to defeat a newly contrived intellectual disability claim and to build a case for the death penalty, vastly different from that offered in the 2007 proceeding. As a result of their efforts, Wilson was returned to death row in September 2013.
EOUSA provides oversight, general executive assistance, and direction to the 94 United States Attorneys’ offices around the country. For more information on EOUSA and its mission, visit http://www.justice.gov/usao.
Attorney General Recognizes Former District EmployeeRead the Press Release
WASHINGTON – Fred Alverson, former Law Enforcement Coordinator and Public Information Officer of the U.S. Attorney’s Office in the Southern District of Ohio, was one of 160 members of the Department of Justice recognized by Attorney General Loretta Lynch, Deputy Attorney General Sally Quillian Yates, and Executive Office for U.S. Attorneys (EOUSA) Director Monty Wilkinson at the 31st Director’s Awards Ceremony today in Washington D.C.
The Southern District of Ohio was one of 31 districts represented at the ceremony which was held in the Great Hall at the Robert F. Kennedy Department of Justice Building.
"Our honorees include career executives and supervisors; Assistant U.S. Attorneys and Special Assistant U.S. Attorneys; appellate attorneys and law enforcement officials; administrators, paralegals, and public affairs officers," said Attorney General Lynch. "These individuals, and so many others, have faced daunting and sometimes dangerous challenges. They have dedicated their leadership and their expertise, their time and their energy, to the service of their mission. And they have remained devoted, at all times, to the high ideals and deeply-held values that animate our country and our cause."
Alverson, a Hilliard, Ohio resident, was awarded for Superior Performance in Public Affairs. Prior to his retirement in August 2014, he served the U.S. Attorney’s Office Southern District of Ohio for nearly 20 years.
“Fred had an outstanding grasp of the priorities of the Department and the District, and was pivotal in promoting the mission of keeping our communities safe,” said U.S. Attorney Carter Stewart. “The District’s message, as delivered by Fred, was always clear, concise, direct and helpful.”
EOUSA provides oversight, general executive assistance, and direction to the 94 United States Attorneys’ offices around the country. For more information on EOUSA and its mission, visit http://www.justice.gov/usao.
Attorney General Recognizes Employees of the United States Attorney's OfficeRead the Press Release
Eight lawyers and two paralegals of the U.S. Attorney's Office for the Eastern District of Michigan were recognized by the Department of Justice today at the 31st Director's Awards Ceremony in Washington D.C. The ceremony honored 160 members of the Department of Justice. They were recognized by Attorney General Loretta Lynch, Deputy Attorney General Sally Quillian Yates and Executive Office for U.S. Attorneys Director Monty Wilkinson. The Eastern District of Michigan was one of 31 districts represented at the ceremony, which was held in the Great Hall at the Robert F. Kennedy Department of Justice Building. In her prepared remarks, Attorney General Lynch said that the awardees "have faced daunting and sometimes dangerous challenges. They have dedicated their leadership and their expertise, their time and their energy, to the service of their mission. And they have remained devoted, at all times, to the high ideals and deeply-held values that animate our country and our cause." United States Attorney Barbara L. McQuade said, "I am very grateful that these public servants have devoted their talents and careers to serving the people of the Eastern District of Michigan. Every one of them could be earning higher salaries in the private sector, but they choose public service to make a positive impact on our community." Assistant U.S. Attorney Julie Beck was recognized for her outstanding management of the Forfeiture and Financial Litigation Unit ("FFLU) for the Eastern District of Michigan. Beck, an Assistant U.S. Attorney for 11 years, has served as chief of the unit for five years. Under her leadership, the work of the FFLU has grown in quantity and complexity, while fostering ever greater cooperation between civil and criminal lawyers, expanding training and re-engineering operations to increase collections. Assistant U.S. Attorney Leslie Wizner was recognized for her work on a case with the Civil Division at the Department of Justice and the U.S. Attorney's Office for the Northern District of Ohio. Wizner and her team obtained a $200 million settlement to resolve allegations that U.S. Bank violated the False Claims Act by originating and underwriting government-backed loans for residential mortgages without complying with legal requirements. When many of the borrowers were unable to repay the loans, the federal government became responsible for the loss and the homes went into foreclosure. Wizner and her team recovered these funds for taxpayers and the home loan program. The team that investigated and prosecuted former Detroit Mayor Kwame Kilpatrick was recognized for outstanding work by a litigation team. The team included Assistant U.S. Attorneys Mark Chutkow, Michael Bullotta, Linda Aouate, Jennifer Blackwell, Eric Doeh and Andrew Goetz. Also recognized were paralegals Ana Bruni and Anna Facchini, and special agents Bob Beeckman of the Federal Bureau of Investigation, Carol Paszkiewicz of the Environmental Protection Agency Office of Inspector General and Ronald Sauer and Rowena Schuch of the Internal a Revenue Service Criminal Investigations. The team was recognized for its investigation and prosecution of Kilpatrick and members of his administration. The prosecution team uncovered and dismantled a wide-ranging "pay to play" network of corruption within the highest levels of city government, convicting 35 public and business officials of felony offenses, including the former mayor of Detroit, his chief administrative officer, the deputy mayor, business people and consultants. EOUSA provides oversight, general executive assistance, and direction to the 94 United States Attorneys' offices around the country. For more information on EOUSA and its mission, visit http://www.justice.gov/usaoAttorney General Recognizes District EmployeeRead the Press Release
SACRAMENTO, Calif. – Jacquelyn C. Strong, Administrative Officer of the U.S. Attorney’s Office in the Eastern District of California, was one of 160 members of the Department of Justice recognized by Attorney General Loretta Lynch, Deputy Attorney General Sally Quillian Yates, and Executive Office for U.S. Attorneys (EOUSA) Director Monty Wilkinson at the 31st Director’s Awards Ceremony today in Washington, D.C.
The Eastern District of California was one of 31 districts represented at the ceremony, which was held in the Great Hall at the Robert F. Kennedy Department of Justice Building.
"Our honorees include career executives and supervisors; Assistant U.S. Attorneys and Special Assistant U.S. Attorneys; appellate attorneys and law enforcement officials; administrators, paralegals, and public affairs officers," said Attorney General Lynch. "These individuals, and so many others, have faced daunting and sometimes dangerous challenges. They have dedicated their leadership and their expertise, their time and their energy, to the service of their mission. And they have remained devoted, at all times, to the high ideals and deeply-held values that animate our country and our cause."
Jacquelyn C. Strong is recognized for her outstanding leadership of the Administrative Division over a particularly challenging year. During the 16-day government shutdown, Ms. Strong worked tirelessly to meet the needs of the attorneys who were still on duty while regularly communicating with the support staff, many of whom were furloughed, and maintaining their morale. When our long-time employee Joyce Dorsey unexpectedly died of the flu, Ms. Strong communicated the news with sensitivity, addressing the staff’s health concerns and attending to grieving employees and family. During the same year, Ms. Strong oversaw a major remodeling project in the Sacramento office, ensuring it did not disrupt office operations, worked to establish the new Bakersfield office, and hosted visits to the district by the Executive Office’s evaluation staff. Ms. Strong, who has served as Administrative Officer for 17 of her 34 years in the office, earned the highest marks during our recent office evaluation, which praised her staff’s “top notch customer service.”
United States Attorney Benjamin B. Wagner stated: “Jackie Strong has provided outstanding service to the Department of Justice for many years. She has deftly guided this office in budgetary, personnel and administrative matters through good times and bad, and has loaned her expertise to other districts. I am pleased that her leadership is being recognized nationally.”
EOUSA provides oversight, general executive assistance, and direction to the 94 United States Attorneys’ offices around the country. For more information on EOUSA and its mission, visit http://www.justice.gov/usao.
Attorney General Loretta Lynch Recognizes Middle District of Florida EmployeesRead the Press Release
WASHINGTON – Assistant United States Attorney Ralph E. Hopkins and Legal Administrative Assistant Tyline Medina of the U.S. Attorney’s Office for the Middle District of Florida (MDFL) were two of 160 members of the Department of Justice recognized by Attorney General Loretta Lynch, Deputy Attorney General Sally Quillian Yates, and Executive Office for U.S. Attorneys (EOUSA) Director Monty Wilkinson at the 31st Director’s Awards Ceremony today in Washington D.C.
The MDFL was one of 31 districts represented at the ceremony which was held in the Great Hall at the Robert F. Kennedy Department of Justice Building.
In her prepared remarks, Attorney General Lynch told the awardees, “Our honorees include career executives and supervisors; Assistant U.S. Attorneys and Special Assistant U.S. Attorneys; appellate attorneys and law enforcement officials; administrators, paralegals, and public affairs officers. These individuals, and so many others, have faced daunting and sometimes dangerous challenges. They have dedicated their leadership and their expertise, their time and their energy, to the service of their mission. And they have remained devoted, at all times, to the high ideals and deeply-held values that animate our country and our cause."
Hopkins and Medina received one of the Department of Justice’s highest honors, the Director’s Award for Superior Performance by a Litigative Team, in recognition of their tremendous effort in litigating the Government’s claims in the civil health care fraud case styled United States ex rel. Baklid-Kunz v. Halifax Hospital Medical Ctr., et al., and for negotiating a landmark settlement in that case. The settlement -- reached on the morning of trial -- paid the United States $85 million to resolve claims that the defendant violated the Stark Act through illegal relationships with physician practice groups.
United States Attorney A. Lee Bentley, III, who attended today’s ceremony, said, “It was my honor to nominate and witness Ralph, Tyline, and the litigation team receive this prestigious award today. I am thankful for their countless hours of hard work, and I know that future enforcement efforts will be greatly assisted by the achievements of this trial team.”
In addition to Hopkins and Medina, six other members of the litigation team were recognized today. Trial Attorneys Adam J. Schwartz and Kavitha J. Babu, Paralegal Specialist Jackeline M. Rosero, and Financial Analyst Eileen Zimmer from the DOJ Civil Division’s Fraud Section, Assistant United States Attorney Patricia M. Fitzgerald from the Northern District of Ohio, and Special Agent Robert W. Murphy from the U.S. Department of Health and Human Services - Office of Investigations in Jacksonville each received the Director’s Award for Superior Performance by a Litigative Team for their roles in this case.
EOUSA provides oversight, general executive assistance, and direction to the 94 United States Attorneys’ offices around the country. For more information on EOUSA and its mission, visit http://www.justice.gov/usao.
Amherst Doctor Indicted on Charges of Distributing Controlled Substances, Obtaining Prescriptions by Fraud and Health Care FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned a 10-count indictment charging Dr. Albert R. Cowie, 37, of Amherst, NY, with unlawful distribution of a controlled substance, possession of a controlled substance by fraud, conspiracy to commit a drug felony and health care fraud. The charges carry a maximum penalty of 20 years in prison, a $1,000,000 fine or both.Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that according to the indictment and a complaint filed earlier, between January 2010 and March 22, 2014, the defendant, a practicing radiologist, wrote 280 illegal prescriptions for controlled substances such as Oxycodone, Percocet, and Hydrocodone. The prescriptions were distributed to three individuals who then went to local pharmacies and had the scripts filled. The individuals retained some of the controlled substances for personal use but returned the remainder of the narcotics to Cowie for his own use.
The defendant also established a relationship with a prostitute he met at an area strip club. As the relationship continued, Cowie provided $200 a day to the prostitute to support a heroin addiction. The defendant allegedly also injected the prostitute with heroin on one occasion. Subsequently, the defendant gave the prostitute prescriptions for Xanax and Percocet.
During a meeting between Cowie and a confidential witness, the defendant advised the witness to lie to insurance investigators about his alleged prescription fraud. The witness is quoted as saying to the defendant “okay so just say they were written for me even though they were written for you…is what you’re saying? Cowie replied “right.”
The indictment is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the Federal Bureau of Investigation, the New York State Bureau of Narcotic Enforcement, under the direction of NYS Health Commissioner Howard Zucker, and the Amherst Police Department, under the direction of Chief John Askey.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Alabama man pleads guilty to transporting child pornographyRead the Press Release
LAFAYETTE, La. – United States Attorney Stephanie A. Finley announced today that a man from Alabama pleaded guilty to transporting sexually explicit pictures of a minor.
Mario Duran, 49, of Jemison, Ala., pleaded guilty before U.S. District Judge Richard T. Haik to one count of transporting child pornography. According to evidence presented at the guilty plea, Acadia Parish Sheriff’s Deputies, while investigating another case, made contact with Duran in April of 2014 while he was parked in his truck in the Crowley, La., Wal-Mart parking lot. Present with Duran were two minor females. The minors said they did not know Duran, and that he had picked them up in Alabama and was transporting them to Texas to meet their father. The vehicle was searched, and three cell phones were found. Upon further investigation, law enforcement agents found sexually explicit pictures of a minor on one of the phones. The images on the phone were not of the minors Duran was transporting.
Duran faces five to 20 years in prison, five years to life of supervised release, a $250,000 fine and registration as a sex offender. A sentencing date was not set.
This case is part of Project Safe Childhood, a U.S. Department of Justice launched nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), 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.
The U.S. Attorney’s Office and the U.S. Department of Homeland Security/Homeland Security Investigations/Immigration & Customs Enforcement (ICE) encourage the public to report suspected child predators and any suspicious activity through its toll-free hotline at (866) DHS-2ICE. Investigators are available at all hours to answer hotline calls. Tips or other information can also be submitted to ICE online at www.ice.gov/exec/forms/hsi-tips/tips.asp or through the Operation Predator smartphone app (http://www.ice.gov/predator/smartphone-app). Tips may be submitted anonymously.
Homeland Security Investigations and the Acadia Parish Sheriff’s Office conducted the investigation. Assistant U.S. Attorney Jamilla A. Bynog and Myers P. Namie are prosecuting the case.
*UPDATED* Registered sexoffeder charged with traveling to engage in illicit sexual conduct with minor victimsRead the Press Release
WHEELING, WEST VIRGINIA – A federal grand jury has returned an indictment charging convicted sex offender Kevin Wick, 42, of Wheeling, with traveling across state lines to engage in illicit sexual conduct with multiple minor victims, United States Attorney William J. Ihlenfeld, II, announced.
Wick is alleged to have repeatedly traveled across state lines from Wheeling, West Virginia to Martins Ferry, Ohio throughout late 2014 and early 2015 for the purpose of engaging in unlawful sexual conduct with multiple minor victims. Three of the victims are brothers, ranging in age from eight to eleven years old. On at least one occasion, Wick allegedly transported minor victims across states lines from Ohio to an apartment in Wheeling where he engaged in illicit sexual conduct with the victims.
Wick is charged with five counts of “Aggravated Sexual Abuse – With Children.” He faces between 30 years and life in prison on each count. He is further charged with five counts of “Travel with Intent to Engage in Illicit Sexual Conduct.” He faces up to 30 years in prison on each count. Additionally, he is charged with five counts of “Transportation of a Minor with Intent to Engage in Criminal Sexual Activity.” He faces between ten years and life in prison on each count.
In June 2008, Wick was convicted of “Attempted Involuntary Deviate Sexual Intercourse” and “Indecent Assault” in the Court of Common Pleas of Westmoreland County, Pennsylvania. As a result of that conviction, Wick is required to register as a sex offender and is listed as a “Sexually Violent Predator.”
Assistant U.S. Attorney Stephen Vogrin is prosecuting the case on behalf of the government. The Wheeling Police Department, the Federal Bureau of Investigation, and the Northern District of West Virginia Crimes Against Children Task Force are leading the investigation.U.S. Attorney Ihlenfeld commended the efforts of the agents involved for the expeditious manner in which they investigated the case. The allegations regarding Wick came to the attention of West Virginia authorities less than two weeks ago.
Pursuant to a motion filed by the government, Wick will be detained pending trial.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
3 June 2015
Youngstown-area men indicted for sale of $275,000 worth of counterfeit goodsRead the Press Release
A federal grand jury sitting returned a seven-count indictment charging four Youngstown-area men with trafficking in counterfeit goods, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Indicted are: Ashraf Mishmish, 49, of Boardman; Raed Khatib, 52, of Boardman; Wesam Mishmish, 20, of Austintown; and Khaled Wakhyan, 30, of Boardman.
The indictment alleges that in or about December 2013 through July 2014, Ashraf Mishmish, Raed Khatib, Wesam Mishmish, and Khaled Wakhyan conspired and agreed to intentionally traffic in counterfeit goods, specifically perfume, cologne, purses, headphones, jackets and boots. It was a part of the conspiracy that the defendants obtained perfume, cologne, boots, purses and headphones bearing counterfeit marks. The defendants then sold the counterfeit goods at a price below the manufacturer’s suggested retail price for the authentic goods.
According to the indictment, the defendants committed the following acts in furtherance of the conspiracy:
On or about December 15, 2013, Khaled Wakhyan offered for sale 93 jackets, 104 bottles of perfume/cologne, 25 sets of headphones, and 32 pairs of boots bearing counterfeit marks.
On or about June 21, 2014, Raed Khatib offered for sale 249 bottles of perfume/cologne, and 34 sets of headphones bearing counterfeit marks.
On or about June 21, 2014, Wesam Mishmish offered for sale 268 bottles of perfume/cologne and 42 sets of headphones bearing counterfeit marks.
On or about July 25, 2014, Wesam Mishmish offered for sale 212 bottles of perfume/cologne and 97 sets of headphones bearing counterfeit marks.
On or about July 25, 2014, Ashraf Mishmish offered for sale 332 bottles of perfume/cologne, 80 sets of headphones, and five purses, bearing counterfeit marks.
On or about July 25, 2014, Raed Khatib offer for sale 197 bottles of perfume/cologne and 70 sets of headphones bearing counterfeit marks.
On or about July 25, 2014, Ashraf Mishmish possessed 635 bottles of perfume/cologne, 115 sets of headphones, and 39 pairs of boots, bearing counterfeit marks.
In total, the defendants possessed and offered for sale counterfeit items with a domestic value of approximately $95,854 and with the manufacturer’s suggested retail price of $273,872.
If convicted, the defendants’ sentences will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
The investigation preceding the indictment was conducted by the Department of Homeland Security, Homeland Security Investigations. The matter is being prosecuted by Assistant United States Attorney David M. Toepfer.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Worley Women Sentenced for Theft from the Coeur d'Alene TribeRead the Press Release
COEUR D'ALENE - Camille Desautel, 45, of Worley, Idaho, was sentenced today to four years of probation for theft from a tribal organization, the Benawah Market, U. S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Desautel to pay $22,665.04 restitution. She pleaded guilty on February 3, 2015.
According to the plea agreement, Desautel admitted that on August 21, 2014, she, along with two others entered the closed market and stole cash and checks totaling approximately $22,650.
Co-defendant, Twilla Marie St. Pierre, 37, of Worley, Idaho, was sentenced on April 28, 2015, to five years of probation for theft from a tribal organization. U.S. District Judge William Fremming Nielsen, from the Eastern District of Washington, also ordered St. Pierre to pay restitution in the amount of $2,978.54 to the Coeur d’Alene Tribe, and $19,686.50 to Travelers Claims Hartford.
Co-defendant, Adam Lee SiJohn, 26, of Worley, Idaho, was sentenced on March 3, 2015, to six months in prison for theft from a tribal organization. U.S. District Judge Edward J. Lodge also ordered SiJohn to serve three years of supervised release following his release from prison.
The case was investigated by Coeur d’Alene Tribal Police and Federal Bureau of Investigation (FBI).
Winsted Man Charged with Federal Firearm OffensesRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that a federal grand jury in Hartford has returned a two-count indictment charging JAMES CAVE, 44, of Winsted, with federal firearm offenses. The indictment was returned on May 20, 2015, and CAVE appeared yesterday before U.S. Magistrate Judge Donna F. Martinez in Hartford and entered a plea of not guilty to the charges.
According to allegations contained in a previously-filed criminal complaint, on April 7, 2015, CAVE met an undercover ATF agent at a location in Torrington and sold him a Webley, model Mark IV .455 caliber revolver in exchange for $700 in cash. Investigators subsequently determined that the revolver had been stolen from a home in Connecticut.
It is alleged that CAVE sustained a felony conviction in Connecticut state court in October 2003.
The indictment charges CAVE with one count of possession of a firearm by a convicted felon, an offense that carries a maximum term of imprisonment of 10 years, and one count of dealing firearms without a license, an offense that carries a maximum term of imprisonment of five years.
CAVE was arrested on a criminal complaint on April 30, 2015, and is released on a $100,000 bond.
U.S. Attorney Daly stressed that an indictment is not evidence of guilt. Charges are only allegations, and each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Torrington Police Department. The case is being prosecuted by Assistant U.S. Attorney Gabriel J. Vidoni.