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13 May 2015
Former federal bureau of prisons employee sentenced in federal court for sex crimeRead the Press Release
Beckley, W.Va. – United States Attorney Booth Goodwin announced today that United States District Judge Irene C. Berger sentenced a former Federal Bureau of Prisons employee to 14 months in federal prison for abusive sexual contact involving a ward. Richard Canterbury, 50, of Lewisburg, West Virginia pled guilty in January of 2015, admitting that in April of 2014, he touched the breasts of a female inmate at the Federal Prison Camp at Alderson while he was overseeing her work. Judge Berger also ordered that following his release from prison Canterbury will be on supervised release for five years and he must register as a sex offender.
This case was investigated by the Federal Bureau of Prisons and the Federal Bureau of Investigation. Assistant United States Attorney John File handled the prosecution.
Former Outlaw Motorcycle Gang Member Indicted in Federal Court - Faces Life in PrisonRead the Press Release
United States Attorney James L. Santelle, announced that on May 12, 2015, a grand jury sitting in the Eastern District of Wisconsin returned a second superseding indictment, charging Randy M. Yager, aka “Mad,” 59, originally from Crown Point, Indiana, with Racketeering and Racketeering Conspiracy, in violation of Title 18, United States Code, Section 1962(c) and (d).
The indictment alleges that as a member and regional boss of the Outlaws Motorcycle Club during the 1990s, Yager participated in acts of murder and arson. The eight underlying racketeering acts charge offenses that include three homicides and the use of explosives, all directed at members of rival motorcycle gangs as part of the Outlaws’ efforts to exert and maintain territorial control.
Yager was originally charged with sixteen co-defendants in an indictment that was unsealed on June 10, 1997. At that time, Yager became a fugitive. He remained a fugitive, and one of the United States Marshal’s “most wanted,” until October 2014 when he was arrested in Baja, Mexico, where he was living under an assumed name. The cases of Yager’s co-defendants have long been resolved. If convicted, Yager faces up to life in prison.
The case was investigated by a federal task force headed by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The case is being prosecuted by Assistant United States Attorneys Carol L. Kraft, Scott J. Campbell and Laura S. Kwaterski.
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Former Orleans Parish School Board Member Ira Thomas Pleads Guilty to Conspiracy to Commit Federal Bribery and Honest Services Wire FraudRead the Press Release
U.S. Attorney Kenneth A. Polite announced that IRA THOMAS, 56, of New Orleans and former member of the Orleans Parish School Board (“OPSB”), pled guilty today to charges of conspiracy to commit bribery and honest services wire fraud.
THOMAS admitted that beginning in September 2013 and continuing until January 2015, he and others participated in a conspiracy to commit bribery and honest services wire fraud. THOMAS admitted that, in his role as an Orleans Parish School Board Member, he engaged in a scheme to defraud Orleans Parish and its citizens of his honest services through bribery and a kickback scheme, whereby THOMAS used his public office and official capacity to provide favorable treatment, including attempting to facilitate the awarding of a contract, that was designed to benefit the business and financial interest of an individual who provided him with a bribe and kickback in the form of cash payment disguised as a campaign contribution.
According to court documents, in September 2013 a cooperating witness (“CW”) was approached by an OPSB employee, who offered the CW a janitorial services contract that would soon be up for bid by the OPSB in exchange for a monetary payoff. During the fall of 2013, the CW, THOMAS, the OPSB employee, and at times another private citizen, met to discuss this contract. These conversations were recorded by the CW with the assistance of the FBI. Ultimately, it was decided that the CW would pay $5,000 to THOMAS in the form of a “campaign contribution” in exchange for THOMAS’ and the OPSB employee’s assistance regarding the janitorial services contract. In December 2013, the CW delivered $5,000 in cash to the private citizen acting as a conduit for THOMAS, which was video recorded. This money was then delivered to THOMAS. During the fall of 2014, THOMAS and the OPSB employee discussed over recorded telephone conversations how to alter the bid process so that the CW would be given an improper advantage in bidding for the janitorial services contract, which was valued over $5,000.
THOMAS faces statutory penalties of up to five years in prison, a $250,000 fine and three years of supervised release. U.S. District Judge Susie Morgan set sentencing on August 12, 2015.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation in investigating this matter and thanked the Metropolitan Crime Commission for their assistance. Assistant U.S. Attorney Sean Toomey is in charge of the prosecution.
Ira Thomas Factual Basis.pdf (14.86 KB)
Former Gloversville Husband and Wife Sentenced for Social Security FraudRead the Press Release
ALBANY, NEW YORK – Scott J. Bornt, age 53, and his wife Geri Mondlin-Bornt, age 50, of Hillsborough, NJ, formerly of Gloversville, NY, each were sentenced yesterday in Albany for Social Security Fraud before Senior United States District Court Judge Thomas J. McAvoy, announced United States Attorney Richard S. Hartunian and Special Agent in Charge Edward J. Ryan of the Social Security Administration, Office of Inspector General, Office of Investigations, New York Field Division.
Scott J. Bornt was sentenced to 18 months in prison and three years supervised release. The court ordered that he pay $314,650 restitution to the United States Social Security Administration.
Geri Mondlin-Bornt was sentenced to three years of probation. The court ordered that she pay $88,120 restitution to the United States Social Security Administration.
As part of their respective guilty pleas, Bornt and Mondlin-Bornt admitted that they each made false statements to Social Security Administration personnel to obtain Social Security Disability Insurance benefits payments to which they were not entitled. The amounts were $314, 650, over six years for Bornt and $88,120, over seven years for Mondlin-Bornt.
Bornt and Mondlin-Bornt admitted that they jointly owned and operated a business, GMB Trucking, and concealed the extent of their involvement with the business from the Social Security Administration. Bornt concealed income and the fact that he was the sole driver for the trucking business, and Mondlin-Bornt underreported and concealed income she received from the business.
The case was investigated by the Social Security Administration, Office of Inspector General, with the assistance of the United States Secret Service. The case was prosecuted by Assistant United States Attorney Edward P. Grogan.
Former Buffalo Man Indicted for Tax Evasion, Failure to File ReturnsRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a former Buffalo, Mo., man has been indicted by a federal grand jury for tax evasion and for failing to file tax returns.
Ronald Allen Downey, 56, formerly of Buffalo, was charged in a four-count indictment returned under seal by a federal grand jury in Springfield on April 2, 2015. That indictment has been unsealed and made public following Downey’s arrest in Hawaii and initial court appearance today in the U.S. District Court in Springfield. Downey was released on bond.
Downey worked as an alternative healer and teacher in his company, Downey Life Transformation Center.
Today’s indictment alleges that in 2008 Downey received $818,386 in gross income, of which at least $79,343 constituted taxable income. Downey did not file an income tax return, the indictment says, but attempted to evade paying taxes by using bank accounts that were opened with false Social Security numbers and by fraudulently using the credit card merchant account of another person to process commercial transactions.
The federal indictment also charges Downey with three counts of failing to file a federal income tax return. According to the indictment, Downey received gross income of $254,743 in 2009, $101,206 in 2010 and $69,423 in 2011. Downey allegedly failed to file an income tax return for each of those years.
Dickinson cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Timothy A. Garrison. It was investigated by IRS-Criminal Investigation.
FnD Gang Member Pleads Guilty to Racketeering and Narcotics ChargesRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JEREMIAH JACKSON, a/k/a “Rocky,” age 24, of New Orleans, pled guilty today in the racketeering conspiracy case involving the Frenchmen/Derbingy gang, or “FnD.”
According to court documents, JACKSON pled guilty to four counts of the Third Superseding Indictment, including Racketeer Influenced and Corrupt Organizations (RICO) conspiracy, conspiracy to distribute one kilogram or more of heroin and 280 grams or more of crack cocaine, conspiracy to possess firearms in furtherance of a drug trafficking conspiracy, and assault with a dangerous weapon in furtherance of a racketeering enterprise.
JACKSON faces a maximum life imprisonment for the RICO violation, a mandatory minimum of 20 years to life imprisonment on the drug conspiracy charge, and a maximum of 20 years as to each charge of conspiracy to possess firearms in furtherance of a drug trafficking conspiracy and assault with a dangerous weapon in furtherance of a drug trafficking conspiracy.
According to court documents, FnD constituted a racketeering “enterprise” under federal law. JACKSON, as a member of this enterprise, conspired to commit numerous overt acts in furtherance of this enterprise. These acts included the distribution of illegal narcotics, such as heroin and crack cocaine, as well as crimes of violence, including assault with firearms. JACKSON admitted to the shooting of an individual who was sitting in his car on April 16, 2011, on the 2000 block of Prieur Street in New Orleans. The victim was shot in the stomach by JACKSON because he resembled a rival drug dealer. The New Orleans Police Department Crime Lab matched casings found at the scene to a gun that was found in JACKSON’s possession on July 19, 2011.
Three other defendants previously pled guilty in the course of this prosecution: CRYSTAL SCOTT, RICHMOND SMITH, and GRALEN BENSON. The grand jury subsequently returned a superseding indictment charging the remaining defendants with RICO conspiracy, among other charges. JACKSON is the first defendant to have pled guilty to RICO conspiracy.
Five defendants remain in this case: TRAVIS SCOTT, STANLEY SCOTT, SHAWN SCOTT, AKEIN SCOTT, and BRIAN BENSON. U.S. District Judge Ivan L.R. Lemelle scheduled those defendants for trial on July 13, 2015.
The indictment is a product of an ongoing investigation into the violent acts in furtherance of drug trafficking by the FnD gang. It represents the continued coordinated effort of the federal and state law enforcement authorities within the Multi-Agency Gang (“MAG”), including the United States Attorney’s Office, the Orleans Parish District Attorney’s Office, Special Agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”), and officers of the New Orleans Police Department. Federal and local authorities also utilized tips through the Crimestoppers Program in the successful investigation of these crimes.
Assistant United States Attorney Matthew Payne and Special Assistant United States Attorney Brian Ebarb, who is assigned from the Orleans Parish District Attorney’s Office, are in charge of the prosecution.
Jeremiah Jackson Factual Basis.pdf (4.47 MB)
Five Sex Traffickers Sentenced for Pimping 14-Year-Old GirlsRead the Press Release
ATLANTA – Fabian Terran Murray, a/k/a “Shooter,”--one of five men charged in two related cases involving the pimping of three 14-year-old girls and a 16-year-old girl at hotels in Atlanta, Georgia, and elsewhere-- was sentenced to 17 years, nine months in federal prison. This sentencing brings to a close the prosecution of the two sex-trafficking conspiracies.
Defendants Joshua Thomas Hill, also known as “Cash,” Clinton Saintvil, Richard Douglas King, also known as “Ready,” and Jonathan Branch, were previously sentenced on July 10, 2014, July 14, 2014, and August 1, 2014.
“These men pimped girls as young as 14 years old, who they knew to be runaways and especially vulnerable,” said Acting U.S. Attorney John Horn. “The coordinated efforts of federal and local law enforcement officers, together with the courage of these young trafficking survivors, rescued four teenage girls from the horrific victimization cycle and restored them to safety.”
"The sentencing of Fabian “Shooter” Murray continues to mark the successful collaboration of Atlanta area law enforcement in aggressively addressing the juvenile sex industry as well as the trafficking of these juveniles in support of that industry,” said J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office. “The FBI led Metro Atlanta Child Exploitation (MATCH) Task Force, consisting of experienced law enforcement officers and agents working together across many jurisdictional boundaries, credits its many successful investigations and resulting prosecutions through not only the sharing of information but by also combining resources and assets. The defendants in these cases represent not only the successes of this task force but also the need for it.”
According to Acting United States Attorney Horn, the charges, and other information presented in court: The defendants were indicted in two related cases on charges of conspiracy to commit and commission of sex trafficking of a minor. The investigation that led to these indictments is described as follows:
U.S. v. Hill, Murray, and Saintvil
On February 19, 2012, Hill, Murray, and Saintvil met two 14-year-old girls, A.C. and O.M., at a park in Marietta, Georgia. The girls told the men that they were runaways. Hill, Murray, and Saintvil drove the girls to a nearby convenience store where they purchased condoms. When Hill and Murray entered the store, Saintvil told the girls that they would be working for the defendants as prostitutes. After leaving the convenience store, the men drove the girls to an extended stay hotel. Hill and Murray caused A.C. and O.M. to commit commercial sex acts at various hotels in the Atlanta metro area, soliciting clients for the girls on the website “Backpage Atlanta.” Saintvil drove the girls to the various locations where they engaged in commercial sex acts. On one occasion, Hill and Saintvil drove A.C. and O.M. to meet a male client at a high-rise condominium in Midtown Atlanta. Cobb County, Georgia, Police Department officers discovered the girls on February 22, 2012, during a search of a hotel room.
During this same time, Hill and Saintvil also caused a third 14-year-old girl, M.Q., to engage in prostitution. Sometime in or about February 2012, Hill engaged in sex acts with the girl, after which he told her that she would be committing commercial sex acts for Hill. Saintvil transported Hill and the girl to various hotels where Hill caused her to engage in prostitution. Marietta, Georgia, Police Department officers found the girl with Hill on February 10, 2012, at a local motel.
U.S. v. Murray, King, and Branch
Additionally, Murray, King, and Branch engaged in conspiracy to commit, and commission of, sex trafficking of J.B., a 16-year-old girl, who the defendants knew was a runaway from New York. On or about June 30, 2012, Cobb County Police Department officers received a call from J.B., who reported that she was being held against her will. An FBI Special Agent and a detective with the Cobb County Crimes Against Children Unit immediately met with the girl, who told the investigators that she met Murray and King in May 2012. Murray took the girl to an apartment and soon after began, with King, to cause her to engage in prostitution at truck stops on Fulton Industrial Boulevard, and at various motels, in Atlanta. The men used the website “Backpage Atlanta” to solicit clients for the girl. Branch drove J.B. to the various locations where Murray and King trafficked her.
Sentences Imposed
- Murray, 27, of Tifton, Georgia, pleaded guilty on April 18, 2014, to conspiracy to commit, and commission of, sex trafficking of a minor and was sentenced by United States District Judge William S. Duffey, Jr. to 17 years, nine months in federal prison, followed by five years of supervised release.
- Branch, 24, of Atlanta, Georgia, pleaded guilty on October 13, 2013, to conspiracy to commit sex trafficking of a minor and was sentenced to five years, ten months in federal prison, followed by five years of supervised release.
- Saintvil, 27, of Miami, Florida, pleaded guilty on February 2, 2014, to conspiracy to commit sex trafficking of a minor and was sentenced to six years, six months in federal prison, followed by five years of supervised release.
- Hill, 27, of Atlanta, Georgia, also pleaded guilty on April 18, 2014, to conspiracy to commit sex trafficking of a minor and was sentenced to 16 years in federal prison, followed by five years of supervised release.
- King, 27, of Atlanta, Georgia, pleaded guilty on April 29, 2014, to sex trafficking of a minor and was sentenced to 14 years in federal prison, followed by 5 years of supervised release.
All the defendants must register as sex offenders as a condition of their supervised release. In addition, Murray, Hill, and Saintvil must pay restitution of $1,000 to minors O.M. and A.C.; Hill and Saintvil must pay restitution of $3,000 to minor M.Q.; and Murray, King, and Branch must pay restitution of $1,000 to minor J.B.
This case was investigated by the Federal Bureau of Investigation’s Metro Atlanta Child Exploitation Task Force with assistance from the Cobb County Police Department’s Crimes Against Children Unit, the Marietta Police Department, and the Cobb County District Attorney’s Office.
Assistant United States Attorneys Richard S. Moultrie, Jr. and Phyllis Clerk prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division is http://www.justice.gov/usao/gan/.
Five Individuals Charged in Nationwide Identity Theft SchemeRead the Press Release
Conspirators Obtain Identity Information of 125,000 Taxpayers and Submit Alleged False Federal Income Tax Returns Seeking $6.6 Million in Refunds from Internal Revenue Service
Federal law enforcement agents arrested four individuals in conjunction with a series of search and arrest warrants executed in Maryland and Georgia based on a federal grand jury indictment in the District of Oregon that was unsealed today.
The individuals arrested were:
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Lateef Aina Animawun, 34, of Smyrna, Georgia;
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Oluwatobi Rueben Dehinbo, 30, of Marietta, Georgia;
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Oluwaseunara Temitope Osanyinbi, 34, of Marietta; and
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Oluwamuyiwa Abolad Olawoye, 28, of Marietta.
A warrant has been issued for the arrest of a fifth defendant, Emmanuel Oluwatosin Kazeem, of Maryland. The remaining four defendants have made an initial appearance in Georgia, and will be arraigned in the District of Oregon at a date to be set by the court.
The indictment alleges that, beginning at least as early as tax year 2012, the named defendants, along with others, engaged in an identity theft conspiracy in Oregon and elsewhere that involved a scheme to obtain millions of dollars in fraudulent tax refunds from the Internal Revenue Service (IRS) and the Oregon Department of Revenue. The allegations of the indictment detail how the conspirators spun a complex web of fraud involving the use of stolen personal identifying information (PII), falsified wage and withholding information, fraudulently generated electronic filing PINs, disposable email addresses to conceal the co-conspirators’ identities, and the receipt of fraudulent tax refunds through prepaid debit cards and third party bank accounts.
“Attacking identity theft is among our highest priorities,” said Acting U.S. Attorney Billy J. Williams of the District of Oregon. “Those who unlawfully obtain personal identifying information wreak havoc on the lives of innocent taxpayers and will be held fully accountable.”
In total, the defendants are alleged to have unlawfully obtained the identity information from a data breach of over 125,000 taxpayers and filed over 980 false federal tax returns seeking over $6.6 million in fraudulent refunds. Although the IRS rejected $4.6 million of the claimed refunds, the indictment alleges that the defendants successfully obtained $2 million in illegal refunds.
“IRS Criminal Investigations Division is sworn to protect the tax system and bring to justice those who would steal from the Treasury,” said Assistant Special Agent in Charge Thomas Gutierrez of IRS-Criminal Investigation. “Would-be criminals should know: we’ve made identity theft related refund fraud our top priority. We understand that in these types of cases, the government is not the only victim. Identity theft can have a catastrophic emotional and financial impact on its victims. Our agents are determined to keep up the fight to eradicate identity theft and protect the honest taxpayers who would otherwise personally shoulder the immense burden of this crime.”
The indictment, which may be viewed here, charges each defendant with one count of conspiracy to commit mail and wire fraud, seven counts of mail fraud, six counts of wire fraud and thirteen counts of aggravated identity theft. The fraud and conspiracy charges are each punishable by up to 30 years in federal prison and a fine of up to $1 million. If convicted of the aggravated identity theft charges, the defendants face a mandatory minimum penalty of two years in federal prison for each count of conviction. An indictment is only an allegation of a crime. The defendants are presumed innocent until proven guilty beyond a reasonable doubt.
This case results from a joint investigation by IRS-Criminal Investigation, the U.S. Department of Health and Human Services-Office of Inspector General, and the FBI, with support provided by U.S. Immigration and Customs Enforcement, U.S. Postal Inspection Service, the U.S. State Department and the Oregon Department of Revenue Fraud Unit. This case is being prosecuted by Assistant U.S. Attorneys Byron Chatfield and Nancy Olson of the District of Oregon.
Taxpayers are reminded to be vigilant in the protection of their personal identifying information. Anyone interested in more information on preventing or reporting suspected identity theft should review the IRS website.
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Five Essex County Men Charged in Heroin Distribution RingRead the Press Release
NEWARK, N.J. – Five Essex County, New Jersey, men were arraigned today on charges they ran an illegal drug mill that distributed at least one kilogram of heroin, U.S. Attorney Paul Fishman announced.
On April 28, 2015, a federal grand jury in Newark indicted each of the following defendants with one count of distributing and possessing with intent to distribute, and one count of conspiring to distribute, one kilogram or more of a mixture and substance containing heroin:
a. Lateef Grimsley, 25, of Newark, previously arrested and charged by complaint on Nov. 13, 2013.
b. Daquwann Walker, 24, of Newark, previously arrested and charged by complaint on Nov. 15, 2013.
c. Rassol China, 33, of Newark, previously arrested and charged by complaint on Nov. 22, 2013.
d. Bryant Rudd, 26, of Newark, previously arrested and charged by complaint on Feb. 11, 2014.
e. Shakur Billinghurst, 21, of Newark, previously arrested and charged by complaint on April 6, 2015.
The defendants were arraigned today before U.S. District Judge Jose L. Linares in Newark federal court.
According to the indictment, other documents filed in this case, and statements made in court:
During a drug trafficking investigation, special agents of the U.S. Drug Enforcement Administration (DEA) obtained information that the third-floor apartment of a building located in Newark was being used as a heroin mill. DEA special agents seized from the heroin mill more than one kilogram of heroin and a variety of drug paraphernalia and packaging materials.
Each of the two counts with which the defendants are charged carries a mandatory minimum term of 10 years in prison and a maximum term of life, and a $10 million fine.
U.S. Attorney Fishman credited special agents of DEA, under the direction of Special Agent in Charge Special Agent in Charge Carl Kotowski in Newark, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Barry A. Kamar of the U.S. Attorney’s Office General Crimes Unit in Newark.
Defense counsel:
Grimsley: Angelo Servidio Esq., Nutley, N.J.
Walker: David A. Holman AFPD, Newark
China: Peter R. Willis Esq., Jersey City, N.J.
Rudd: Vincent J. Lapaglia Esq., Hoboken, N.J.
Billinghurst: Bruce S. Rosen Esq., Florham Park, N.J.
grimsley_lateef_et_al._indictment.pdf (195.55 KB)
Five Charged in Nationwide Identity Theft SchemeRead the Press Release
MEDFORD, Ore. - Federal law enforcement agents arrested four individuals in conjunction with a series of search and arrest warrants executed in Maryland and Georgia based on an Oregon federal grand jury indictment unsealed today.
The individuals arrested were:
- Lateef Aina Animawun, 34, of Smyrna, Georgia;
- Oluwatobi Rueben Dehinbo, 30, of Marietta, Georgia;
- Oluwaseunara Temitope Osanyinbi, 34, of Marietta, Georgia; and
- Oluwamuyiwa Abolad Olawoye, 28, of Marietta, Georgia.
A warrant has been issued for the arrest of a fifth defendant, Emmanuel Oluwatosin Kazeem of Maryland. The remaining four defendants have made an initial appearance in Georgia, and will be arraigned in the District of Oregon at a date to be set by the Court.
The indictment alleges that, beginning at least as early as tax year 2012, the named defendants, along with others, engaged in an identity theft conspiracy, in Oregon and elsewhere, involving a scheme to obtain millions of dollars in fraudulent tax refunds from the IRS and the Oregon Department of Revenue. The allegations of the indictment detail how the conspirators spun a complex web of fraud involving the use of stolen personal identifying information (PII), falsified wage and withholding information, fraudulently generated electronic filing PINs, disposable email addresses to conceal the co-conspirators’ identities, and the receipt of fraudulent tax refunds through prepaid debit cards and third party bank accounts. “Attacking identity theft is among our highest priorities. Those who unlawfully obtain personal identifying information wreak havoc on the lives of innocent taxpayers and will be held fully accountable,” said Acting U.S. Attorney Billy J. Williams.
In total, defendants are alleged to have unlawfully obtained the identity information from a data breach of over 125,000 taxpayers and filed over 980 false federal tax returns seeking over $6.6 million in fraudulent refunds. Although the IRS rejected $4.6 million of the claimed refunds, the indictment alleges that the defendants successfully obtained $2 million in illegal refunds. “IRS Criminal Investigations Division is sworn to protect the tax system and bring to justice those who would steal from the Treasury. Would-be criminals should know: we’ve made identity theft related refund fraud our top priority,” stated Assistant Special Agent in Charge Thomas Gutierrez of IRS Criminal Investigation. “We understand that in these types of cases, the government is not the only victim. Identity theft can have a catastrophic emotional and financial impact on its victims. Our agents are determined to keep up the fight to eradicate identity theft and protect the honest taxpayers who would otherwise personally shoulder the immense burden of this crime.”
The indictment, which may be viewed here "kazeem_et_al_indictment.pdf", charges each defendant with one count of conspiracy to commit mail and wire fraud; seven counts of mail fraud; six counts of wire fraud; and thirteen counts of aggravated identity theft. The fraud and conspiracy charges are each punishable by up to 30 years in federal prison and a fine of up to $1 million. If convicted of the aggravated identity theft charges, defendants face a mandatory minimum penalty of two years in federal prison for each count of conviction. An indictment is only an allegation of a crime. Defendants are presumed innocent until proven guilty beyond a reasonable doubt.
This case results from a joint investigation by IRS-Criminal Investigations Division, the U.S. Department of Health and Human Services, Office of Inspector General, and the Federal Bureau of Investigation, with support provided by U.S. Immigration and Customs Enforcement, United States Postal Inspection Service, the U.S. State Department, and the Oregon Department of Revenue Fraud Unit. This case is being prosecuted by District of Oregon Assistant U.S. Attorneys Byron Chatfield and Nancy Olson.
Taxpayers are reminded to be vigilant in the protection of their personal identifying information. Anyone interested in more information on preventing or reporting suspected identity theft should review the IRS’s website at http://www.irs.gov/uac/Taxpayer-Guide-to-Identity-Theft.
Federal jury convicts physician's assistant for witness tamperingRead the Press Release
P.A. Was Employed by the Federal Bureau of Prisons
Beckley, W.Va. – United States Attorney Booth Goodwin announced that defendant Scotty Rose was convicted yesterday after a two-day jury trial in federal court in Beckley, West Virginia. Rose was convicted of tampering with a federal witness. Rose, 41, from Beckley worked in the Federal Correctional Institution in Beckley as a physician’s assistant. On February 6, 2013, Rose disclosed to an inmate that another inmate was wearing a wire and working for the FBI as an informant. The informant identified by Rose was, in fact, working with the FBI on a large scale methamphetamine trafficking investigation, and was wearing a recording device to further the investigation. News of the inmate informant spread quickly throughout the correctional facility, which placed the informant at risk. As a result, the informant was moved from the from the facility for his own safety, and the FBI investigation of the methamphetamine trafficking ring was abruptly terminated.
Rose faces up to three years in prison for witness tampering when he is sentenced on August 13, 2015. The Honorable Irene Berger presided over the trial.
The investigation was conducted by the Federal Bureau of Investigation, assisted by Bureau of Prison Investigators. Assistant United States Attorneys Erik S. Goes and Timothy Boggess were responsible for the prosecution.
El Paso Man Pleads Guilty to Robbing Midland BankRead the Press Release
In Midland this afternoon, 28–year-old Fabian Barrios of El Paso, TX, faces up to 20 years in federal prison after pleading guilty to robbing a bank in Midland announced Acting United States Attorney Richard L. Durbin, Jr., and Federal Bureau of Investigation (FBI) Special Agent in Charge Douglas E. Lindquist, El Paso Division.
Appearing before United States Magistrate Judge David Counts, Barrios pleaded guilty to one count of bank robbery. By pleading guilty Barrios admitted that on February 10, 2015, he robbed the Citibank, located at 1100 Andrews Highway in Midland. According to court records, Barrios and his accomplice, Alan Montes, approached a teller, displayed a weapon and demanded money. The teller complied and handed the men an undisclosed amount of money.
Co-defendant Alan Montes, also of El Paso, pleaded guilty on April 14, 2015, to the bank robbery charge. Both defendants remain in custody pending sentencing scheduled for June 24, 2015, before United States District Judge Robert Junell in Midland.
This case resulted from a joint investigation by the Federal Bureau of Investigation, Customs and Border Protection, the Texas Department of Public Safety in El Paso and the Midland Police Department. This case is being prosecuted by Assistant U.S. Attorney Austin Berry on behalf of the Government.
Dubuque Man Sentenced for Wire Fraud and Filing False Tax ReturnsRead the Press Release
A former Controller of a Dubuque company, who embezzled more $360,000, was sentenced on Monday, May 11, 2015, to more than two years in federal prison.
Michael Schute, age 51, from Dubuque, Iowa, received the prison term after a February 6, 2015 guilty plea to one count of wire fraud and one count of filing false tax returns.
In a plea agreement and at the sentencing hearing, Schute admitted he embezzled more than $365,000 from a privately-owned company between 2008 until he was fired in April 2013. Schute embezzled the money by writing checks on the company bank account to pay personal credit cards and other bills. Schute then concealed this conduct by falsifying the company books to make it appear the funds were expended on company debts. When filing his tax returns for the tax years 2008 through 2013, Schute falsely concealed the funds he received from the embezzlement for his own personal use. Illegal income is taxable. Schute owes more than $86,000 in taxes on the illegal income.
Schute was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Schute was sentenced to 33 months’ imprisonment. A special assessment of $200 was imposed, and he was ordered to make $306,848.56 in restitution to the company and its insurance company (Schute had previously paid back more than $56,000 in restitution to the victim company). Schute must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. Schute was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set.
The case was prosecuted by Assistant United States Attorney C.J. Williams and investigated by the Internal Revenue Service and the Dubuque Police Department.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-1003.
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Drexel Hill Man Charged with Massive Fraud SchemeRead the Press Release
PHILADELPHIA - David Fili, Jr., 45 of Drexel Hill, Pennsylvania, was charged today by information with 10 counts of wire fraud and two counts of bank fraud in a $9.7 million scheme, announced United States Attorney Zane David Memeger.
From 2005 to March 2013, Fili was co-owner of Capital Financial Mortgage Corporation (“CFMC”), based in Delaware County, Pennsylvania. According to the information, during that time, Fili defrauded numerous lenders into purchasing mortgages issued by CFMC that were represented as first mortgages but that were, in reality, worthless second mortgages. He also allegedly defrauded other lenders who loaned money to CFMC on a warehouse line of credit. The information alleges that Fili helped defraud lenders out of approximately $9.7 million, some of which Fili used to pay his own mortgage on a vacation home and for extensive casino and sports gambling.
If convicted, Fili faces a potential advisory sentencing guideline range of 78 months to 135 months in prison, a five-year period of supervised release, full restitution, a fine of up to $10.5 million, and a $1,200 special assessment.
The case was investigated by the Federal Bureau of Investigation and the Department of Housing and Urban Development, Office of Inspector General, and is being prosecuted by Assistant United States Attorney Michael S. Lowe.
An Information is an accusation. A defendant is presumed innocent unless and until proven guilty.
District of Columbia Man Sentenced to Prison for Role in Massive Identity Theft and Tax Fraud SchemeRead the Press Release
Worked With Others to Seek More Than $1.1 Million in Fraudulent Refunds
A 32-year-old Washington, D.C., man was sentenced today to serve more than three years in prison for various crimes he committed in a far-reaching identity theft and tax fraud scheme in which he and others filed fraudulent federal income tax returns seeking more than $1.1 million in refunds, the Justice Department announced.
James Nelson is among approximately 12 people who have pleaded guilty in the U.S. District Court for the District of Columbia to charges in one of the largest prosecutions to date involving the use of stolen identifying information. The overall case involves the filing of at least 12,000 fraudulent federal income tax returns that sought refunds of at least $40 million.
The sentencing was announced by Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division, Acting U.S. Attorney Vincent H. Cohen Jr. of the District of Columbia, Special Agent in Charge Thomas J. Kelly of the Internal Revenue Service-Criminal Investigation (IRS-CI) Washington, D.C. Field Office, Acting Inspector in Charge David M. McGinnis of the U.S. Postal Inspection Service’s (USPIS) Washington, D.C. Division, Assistant Inspector General for Investigations John L. Phillips of the U.S. Department of Treasury and Acting Special Agent in Charge James M. Murray of the U.S. Secret Service’s Washington, D.C. Field Office.
Nelson pleaded guilty on Jan. 29 to conspiracy to defraud the United States with respect to claims, aiding and abetting in the making of false claims for refund and aiding and abetting in fraud and related activity involving identification information. He was sentenced to serve 41 months in prison by the Honorable U.S. District Judge Ellen S. Huvelle of the District of Columbia. Upon completion of his prison term, he will be placed on three years of supervised release. In addition, as part of his plea agreement, Nelson must pay $636,026 in restitution to the IRS.
“One of the Tax Division’s highest priorities is prosecuting individuals who use stolen identities to file fictitious income tax returns and claim fraudulent refunds,” said Acting Assistant Attorney General Ciraolo. “As in this case, this street crime often victimizes the most vulnerable members of our communities. The Tax Division is committed to working with our partners in law enforcement to identify these schemes, dismantle the criminal operations and use all available tools to prosecute these offenders to the fullest extent of the law.”
“This criminal was part of a brazen scheme to flood the IRS with thousands of fake income tax returns and steal from honest taxpayers,” said Acting U.S. Attorney Cohen. “These thieves filed bogus tax returns with the stolen identities of people in nursing homes and prisons to generate fraudulent refunds. James Nelson is now headed to a federal penitentiary where he can no longer execute scams that drive up taxes on hardworking Americans who play by the rules.”
“Nelson’s greed will have a long-term impact on his victims and cause immeasurable harm to their financial well-being,” said IRS-CI Special Agent in Charge Kelly. “The selfish acts of criminals like Nelson have far-reaching consequences, and those like him, who steal from innocent victims and the U.S. Treasury, should be on notice that the government will aggressively pursue identity thieves and tax cheaters.”
“Today’s sentencing confirms that anyone who preys on citizens’ identification for financial gain, especially when they use the U.S. Mail to further their criminal activity, will be held accountable,” said Acting Postal Inspector in McGinnis. “The Postal Inspection Service values the collaboration with its law enforcement partners in the case.”
“This sentencing reinforces the commitment of Treasury’s Office of Inspector General and its law enforcement partners to pursue criminal charges against individuals and groups that prey on the public by stealing identities and fleecing the U.S. taxpayer and Treasury Department in their criminal schemes,” said Assistant Inspector General Phillips.
“The arrest of James Nelson is yet another example of how the Secret Service continues to successfully combat identity theft and financial crimes,” said Acting Special Agent in Charge Murray. “The Secret Service utilized state-of-the-art investigative techniques to dismantle this identity theft and tax fraud scheme. Our success in this case and other similar investigations is a result of extraordinary work of our investigators and our close work with our network of law enforcement partners.”
According to the government’s evidence, Nelson was among participants in a massive and sophisticated identity theft and false tax refund scheme involving an extensive network of more than 130 people, many of whom were receiving public assistance. The scheme started in 2006, and false claims for tax refunds were sought for tax years 2005 through 2012, often in the names of people whose identities had been stolen, including the elderly, people in assisted living facilities, drug addicts and incarcerated prisoners. In other cases, the refunds were sent to people who were willing participants in the scheme. The refunds listed more than 400 “taxpayer” addresses in the District of Columbia.
From December 2007 through January 2012, according to the government’s evidence, Nelson used his residential addresses in the District of Columbia to receive some of the fraudulently obtained tax refunds. He also recruited others to receive fraudulent refunds at their addresses. For example, Nelson paid one woman about $150 per check for each refund check delivered to her residential address in the District of Columbia.
Approximately 360 fraudulent federal income tax returns listing the addresses that were under Nelson’s control were filed with the IRS. The returns sought refunds of approximately $908,500. As a result, the IRS sent out 238 checks, totaling about $524,795, and 184 of those checks, totaling $432,804, were ultimately cashed.
Nelson also recruited others to negotiate at least 86 other refund checks, totaling approximately $203,222, causing a total intended loss to the U.S. Treasury of more than $1.1 million.
In announcing the sentence, Acting Assistant Attorney General Ciraolo, Acting U.S. Attorney Cohen, Special Agent in Charge Kelly, Acting Inspector in Charge McGinnis, Assistant Inspector General Phillips and Acting Special Agent in Charge Murray commended those who investigated the case. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office of the District of Columbia, including former Assistant U.S. Attorney Sherri L. Schornstein and Paralegal Specialist Donna Galindo. Finally, they expressed appreciation for the work of Assistant U.S. Attorney Ellen Chubin Epstein of the District of Columbia’s Fraud and Public Corruption Section and Trial Attorneys Jessica N. Moran and Jeffrey B. Bender of the Tax Division, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
District of Columbia Man Sentenced to 41 Months in Prison for Role in Massive Identity Theft and Tax Fraud SchemeRead the Press Release
WASHINGTON – James Nelson, 32, of Washington, D.C., was sentenced today to serve more than three years in prison for various crimes he committed in a far-reaching identity theft and tax fraud scheme in which he and others filed fraudulent federal income tax returns seeking more than $1.1 million in refunds, the Justice Department announced.
Nelson is among approximately 12 people who have pled guilty in the U.S. District Court for the District of Columbia to charges in one of the largest prosecutions to date involving the use of stolen identifying information. The overall case involves the filing of at least 12,000 fraudulent federal income tax returns that sought refunds of at least $40 million.
The sentencing was announced by Acting U.S. Attorney Vincent H. Cohen, Jr. of the District of Columbia, Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division, Special Agent in Charge Thomas J. Kelly of the Internal Revenue Service-Criminal Investigation (IRS-CI) Washington, D.C., Field Office, Acting Inspector in Charge David M. McGinnis of the U.S. Postal Inspection Service’s (USPIS) Washington, D.C., Division, Assistant Inspector General for Investigations John L. Phillips of the U.S. Department of Treasury, and Acting Special Agent in Charge James M. Murray of the U.S. Secret Service’s Washington, D.C., Field Office.
Nelson pled guilty on Jan. 29 to conspiracy to defraud the United States with respect to claims, aiding and abetting in the making of false claims for refund and aiding and abetting in fraud and related activity involving identification information. He was sentenced to 41 months in prison by the Honorable U.S. District Judge Ellen S. Huvelle of the District of Columbia. Upon completion of his prison term, he will be placed on three years of supervised release. In addition, as part of his plea agreement, Nelson must pay $636,026 in restitution to the IRS.
“This criminal was part of a brazen scheme to flood the IRS with thousands of fake income tax returns and steal from honest taxpayers,” said Acting U.S. Attorney Cohen. “These thieves filed bogus tax returns with the stolen identities of people in nursing homes and prisons to generate fraudulent refunds. James Nelson is now headed to a federal penitentiary where he can no longer execute scams that drive up taxes on hardworking Americans who play by the rules.”
“One of the Tax Division’s highest priorities is prosecuting individuals who use stolen identities to file fictitious income tax returns and claim fraudulent refunds,” said Acting Assistant Attorney General Ciraolo. “As in this case, this street crime often victimizes the most vulnerable members of our communities. The Tax Division is committed to working with our partners in law enforcement to identify these schemes, dismantle the criminal operations and use all available tools to prosecute these offenders to the fullest extent of the law.”
“Nelson’s greed will have a long-term impact on his victims and cause immeasurable harm to their financial well-being,” said IRS-CI Special Agent in Charge Kelly. “The selfish acts of criminals like Nelson have far-reaching consequences, and those like him, who steal from innocent victims and the U.S. Treasury, should be on notice that the government will aggressively pursue identity thieves and tax cheaters.”
“Today’s sentencing confirms that anyone who preys on citizens’ identification for financial gain, especially when they use the U.S. Mail to further their criminal activity, will be held accountable,” said Acting Postal Inspector in Charge McGinnis. “The Postal Inspection Service values the collaboration with its law enforcement partners in the case.”
“This sentencing reinforces the commitment of Treasury’s Office of Inspector General and its law enforcement partners to pursue criminal charges against individuals and groups that prey on the public by stealing identities and fleecing the U.S. taxpayer and Treasury Department in their criminal schemes,” said Assistant Inspector General Phillips.
“The arrest of James Nelson is yet another example of how the Secret Service continues to successfully combat identity theft and financial crimes,” said Acting Special Agent in Charge Murray. “The Secret Service utilized state-of-the-art investigative techniques to dismantle this identity theft and tax fraud scheme. Our success in this case and other similar investigations is a result of extraordinary work of our investigators and our close work with our network of law enforcement partners.”
According to the government’s evidence, Nelson was among participants in a massive and sophisticated identity theft and false tax refund scheme involving an extensive network of more than 130 people, many of whom were receiving public assistance. The refunds were sought since 2006 for tax years 2005 through 2012, often in the names of people, whose identities had been stolen, including the elderly, people in assisted living facilities, drug addicts and incarcerated prisoners. In other cases, the refunds were sent to people who were willing participants in the scheme. The refunds listed more than 400 “taxpayer” addresses in the District of Columbia.
From December 2007 through January 2012, according to the government’s evidence, Nelson used his residential addresses in the District of Columbia to receive some of the fraudulently obtained tax refunds. He also recruited others to receive fraudulent refunds at their addresses. For example, Nelson paid one woman about $150 per check for each refund check delivered to her residential address in the District of Columbia.
Approximately 360 fraudulent federal income tax returns listing the addresses that were under Nelson’s control were filed with the IRS. The returns sought refunds of approximately $908,500. As a result, the IRS sent out 238 checks, totaling about $524,795, and 184 of those checks, totaling $432,804, were ultimately cashed.
Nelson also recruited others to negotiate at least 86 other refund checks, totaling approximately $203,222, causing a total intended loss to the U.S. Treasury of more than $1.1 million.
In announcing the sentence, Acting U.S. Attorney Cohen, Acting Assistant Attorney General Ciraolo, Special Agent in Charge Kelly, Acting Inspector in Charge McGinnis, Assistant Inspector General Phillips and Acting Special Agent in Charge Murray commended those who investigated the case. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office of the District of Columbia, including former Assistant U.S. Attorney Sherri L. Schornstein and Paralegal Specialist Donna Galindo. Finally, they expressed appreciation for the work of Assistant U.S. Attorney Ellen Chubin Epstein of the District of Columbia’s Fraud and Public Corruption Section and Trial Attorneys Jessica N. Moran and Jeffrey B. Bender of the Tax Division, who prosecuted the case.
Detroit man sentenced on federal drug trafficking chargeRead the Press Release
CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced today that Terrance Wilson, 26, of Detroit, Michigan was sentenced to 15 months in federal prison after pleading guilty in February of 2015 to interstate travel in aid of drug trafficking. Wilson admitted that he transported heroin from Detroit to Charleston multiple times in November and December of 2014, with the intent to carry out an ongoing business enterprise involving the distribution of heroin in the Charleston area.
On four occasions between December 1 and December 4, 2014, Wilson sold heroin to a confidential informant working with the Metropolitan Drug Enforcement Network Team (“MDENT”).
United States District Judge John T. Copenhaver, Jr. presided over this case. The case was investigated by MDENT.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill and heroin trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
Department of Justice Announces New Acting Administrator of Drug Enforcement AdministrationRead the Press Release
The Department of Justice today announced the appointment of Chuck Rosenberg to serve as Acting Administrator of the Drug Enforcement Administration (DEA).
“Throughout his distinguished career in law enforcement and public service, Chuck has earned the trust and the praise of his colleagues at every level,” said Attorney General Loretta E. Lynch. “He has proven himself as an exceptional leader, a skilled problem-solver, and a consummate public servant of unshakeable integrity. And he has demonstrated, time and again, his deep and unwavering commitment not only to the women and men who secure our nation, but to the fundamental values that animate their service. As Acting Administrator of the DEA, Chuck will play a vital role in the work of this Administration and this Department of Justice to pursue American priorities, protect American interests, and safeguard our way of life. I can think of no better individual to lead this storied agency, and I have no doubt that his tenure will be defined by the same commitment to honor and excellence that has guided him throughout his distinguished career. I congratulate him once again on this well-deserved appointment, and look forward to all that he will achieve in the days ahead.”
A veteran of the Justice Department, Rosenberg currently serves as Chief of Staff to the Director of the FBI. In this role, he works closely with Director James B. Comey and other senior FBI officials on counterterrorism, intelligence, cyber and criminal investigative issues, including with international, federal, state and local law enforcement partners. He also works closely with Director Comey on management, policy and personnel issues.
“Chuck Rosenberg is one of the finest people and public servants I have ever known,” said Director Comey. “His judgment, intelligence, humility, and passion for the mission will be sorely missed at FBI. I congratulate our friends at the Drug Enforcement Administration. This is good for the entire Department of Justice and the country.”
Rosenberg was presidentially appointed and confirmed as the U.S. Attorney of the Eastern District of Virginia, from 2006 through 2008, and appointed by the Attorney General to serve as the U.S. Attorney of the Southern District of Texas, from 2005 through 2006.
Rosenberg was hired out of law school through the Attorney General’s Honors Program and has served in numerous positions throughout the Department of Justice, including Chief of Staff to the Deputy Attorney General from 2004 through 2005, Counselor to the Attorney General from 2003 through 2004, Counsel to the Director of the FBI from 2002 through 2003, an Assistant U.S. Attorney in the Eastern District of Virginia from 1994 through 2000, and a Trial Attorney for the Tax Division’s Criminal Enforcement Section from 1990 through 1994.
Rosenberg has also spent time working in private practice as Counsel at Hunton and Williams, from 2000 through 2002, and as a partner at Hogan Lovells US LLP (2008-2013).
During his years as a federal prosecutor, Rosenberg conducted grand jury investigations and has been the lead trial lawyer in many federal prosecutions involving espionage, kidnapping, murder, crimes against children and complex financial fraud cases.
Rosenberg received his B.A. from Tufts University, his M.P.P. from Harvard University and his J.D. from the University of Virginia.
Rosenberg will assume the role of Acting Administrator on May 18, 2015. He will replace Administrator Michele Leonhart, who previously announced her retirement.
“Michele has devoted her professional career to the security of our nation and the protection of the American people,” said Attorney General Lynch. “I want to thank her for her 35 years of service to the DEA, to the Department of Justice and to the country, and I wish her well as she embarks on a new chapter in her already extraordinary life.”
Denver Gang Member Arrested for Being A Felon in Possession of A FirearmRead the Press Release
DENVER – David Nunez-Hernandez, age 21, of Denver, Colorado, has been ordered held without bond following his arrest on the charge of being a felon in possession of a firearm, U.S. Attorney John Walsh and ATF Denver Division Special Agent in Charge Luke Franey announced. Nunez-Hernandez was first arrested on April 29, 2015. He was then charged federally based on a Criminal Complaint on May 1, 2015. He was indicted by a federal grand jury in Denver on May 5, 2015. On May 8, 2015, following a contested detention hearing, U.S. Magistrate Judge Nina Y. Wang ordered he be held without bond pending a resolution of his case.
According to court documents and information proffered to the court during the defendant’s detention hearing, on April 29, 2015 at 5:00 p.m. a Denver Police officer, while on patrol, observed a vehicle without a state-mandated front license plate. The officer then conducted a traffic stop. During the traffic stop the officer learned the driver, David Nunez-Hernandez was driving without a license, which had been revoked based on a car insurance violation. The officer learned that Nunez-Hernandez was going to his friend’s house because his “homie” just got shot. It was later determined that Nunez-Hernandez’s cousin was the one who was shot.
Denver Police obtained permission from Nunez-Hernandez to search his vehicle. While searching the trunk of the car, the officer observed the handle of a firearm. The firearm turned out to be a loaded Smith and Wesson, model 686, .357 magnum caliber revolver. Further investigation revealed that Nunez-Hernandez had been previously convicted of a felony offense, and was therefore prohibited from possessing firearms. Nunez-Hernandez had two convictions out of Denver District Court, one in 2011 for attempted escape from community corrections, and one in 2009 for possession of a Schedule 2 controlled substance. He also had a conviction in Adams County District Court in 2009 for felony menacing real/simulated weapon. Nunez-Hernandez was arrested and charged with being a felon in possession of a firearm.
Nunez-Hernandez then made several appearances in U.S. District Court, including his advisement. During his detention hearing, additional information came out about his background, including the fact that he is an “Eastside Playboy Crip” and that he uses marijuana three times a day.
“Combatting violent street crime requires the close cooperation of federal, state and local law enforcement,” said U.S. Attorney John Walsh. “This arrest is part of federal law enforcement’s ongoing effort to work with our Metro Denver partners to address gang-related gun violence.”
“ATF and our partners at the Denver Police Department will continue to have zero tolerance for convicted felons who possess firearms in our community,” said ATF Special Agent in Charge Luke Franey.
Nunez-Hernandez faces one count of being a felon in possession of a firearm. If convicted on that count he faces not more than 10 years in federal prison, and up to a $250,000 fine.
This case was investigated by the Project Safe Neighborhood Task Force, which includes the ATF, the Denver Police Department, and the Lakewood Police Department.
The defendant is being prosecuted by Assistant U.S. Attorney Robert Brown.
The charges contained in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty.
Defendant Sentenced to over a Year in Prison for Growing Marijuana and Destruction of the Plumas National ForestRead the Press Release
SACRAMENTO, Calif. — Alejandro Soto-Silva, 24, a Mexican national, was sentenced today by United States District Judge Kimberly J. Mueller to one year and six months in prison and restitution of $9,572 for growing marijuana and for depredation of public lands, United States Attorney Benjamin B. Wagner announced.
According to court documents, on July 30, 2014, a team of Plumas County Sheriff’s Office deputies and U.S. Forest Service agents raided a large marijuana cultivation site near the Soda Creek drainage on the Plumas National Forest. After entering the marijuana cultivation site, agents and deputies observed Soto-Silva nearby. Shortly after spotting Soto-Silva, deputies and agents arrested him in an area of the marijuana cultivation site used to process marijuana. Close to where they arrested Soto-Silva, law enforcement observed 30-40 pounds of processed marijuana in black plastic bags.
Law enforcement surveyed the marijuana cultivation site and counted 3,724 growing marijuana plants. They also documented habitat destruction to the Plumas National Forest caused by activities associated with marijuana cultivation, including trail building, forest clearing, irrigation, pesticide use, and extensive garbage throughout the cultivation site. Further, law enforcement observed water being diverted from forest waterways in order to cultivate marijuana. Rehabilitating and remediating the National Forest habitat injured by the marijuana cultivation will cost the U.S. Forest Service at least $9,572.
This case was the product of an investigation by the Plumas County Sheriff’s Office and the U.S. Forest Service. Assistant United States Attorney Christiaan Highsmith prosecuted the case.
Collin County Woman Sentenced in Plano ISD Embezzlement SchemeRead the Press Release
PLANO, Texas – A 68-year-old Prosper, Texas woman has been sentenced to federal prison in connection with her role in a conspiracy to embezzle millions from the Plano Independent School District, announced U.S. Attorney John M. Bales today.
Carol Ann LaRue pleaded guilty on June 24, 2014, to conspiracy to commit federal program fraud and was sentenced to 30 months in federal prison today by U.S. District Richard Schell. LaRue was also ordered to pay restitution in the amount of $1,252,556 to Plano ISD.
According to information presented in court, LaRue owned and operated Fire Systems Specialists (FSS) and Digital Security Solutions (DSS), companies supposedly in the business of maintaining fire safety systems and security systems. Between May 2011 and December 2013, LaRue conspired with Plano Independent School District employee, Kris Wilson Gentz, to defraud Plano ISD by submitting fraudulent invoices for services that were not rendered and products that were not provided. When payment was made to FSS and DSS, LaRue and Gentz would split the profits between themselves. As a result of the fraudulent scheme, LaRue is responsible for losses to Plano ISD of $1.2 million and Gentz was responsible for losses of $2.6 million. Gentz pleaded guilty to the same charges and was sentenced to 51 months in federal prison on Apr. 16, 2015.
This case was investigated by the Federal Bureau of Investigation and the Department of Education and prosecuted by Assistant U.S. Attorney Christopher A. Eason.
Charleston man sentenced to federal prison for home invasion robberyRead the Press Release
Charleston, W.Va. – United States Attorney Booth Goodwin announced today that Robert J. Smith, 36, of Charleston, West Virginia was sentenced in federal court in Charleston for aiding and abetting a robbery affecting interstate commerce. On April 22, 2012, Smith, Robert Barcliff, Keith Glenn, and William Seltzer carried out an armed, home-invasion robbery in Marmet, West Virginia, of drug dealers they believed to be from Detroit, Michigan, and who they expected to have drugs and cash from the illegal drug sales. Barcliff and Smith dressed in dark clothing and stormed the apartment at gunpoint. They stole drug proceeds from the apartment and then fled from the scene. During the robbery, a firearm was discharged inside the apartment.
Smith was sentenced to 70 months in prison for the armed robbery, and upon completion of that sentence, to serve an additional 37 months for violation of a period of supervised release. Smith was on supervised release at the time of the home invasion for a previous drug conviction.
The Federal Bureau of Investigation, South Charleston Police Department, and Charleston Police Department conducted the investigation. Assistant United States Attorney Monica D. Coleman is in charge of the prosecution.
Buffalo Man Sentenced on Drug ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Ivan Rosario, 20, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute and to distribute 100 grams or more of heroin, was sentenced to 84 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Edward H. White, who handled the case, stated that from 2011 through February 4, 2014, the defendant conspired with others to possess and distribute 100 grams or more of heroin and fentanyl, a Schedule II controlled substance. As part of the conspiracy, Rosario maintained a residence in Buffalo for the purpose of distributing heroin and fentanyl to his customers. The defendant sold the drugs on a daily basis and received cash paid by customers.
The plea was the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division.
Bloomfield Man Sentenced to Federal Prison for Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Richard Archuleta, 33, of Bloomfield, N.M., was sentenced today in federal court in Albuquerque, N.M., to 51 months in federal prison followed by three years of supervised release for his drug trafficking conviction. Archuleta was also ordered to forfeit 64 firearms seized from his residence pursuant to a search warrant.
Archuleta was one of 29 individuals charged with drug trafficking offenses as the result of a multi-agency investigation targeting drug trafficking in northwestern New Mexico. The investigation originally culminated on Feb. 26, 2014, when 26 of the defendants were arrested during a law enforcement operation led by Homeland Security Investigation (HSI) and the HIDTA Region II Narcotics Task Force. Two other defendants were arrested during the course of the investigation and the final defendant was arrested on March 3, 2014.
The 29 defendants were charged as a result of Operation “Brown Ice,” a year-long investigation that initially targeted a methamphetamine trafficking organization led by Isaac Anaya that distributed quantities of methamphetamine throughout San Juan County and expanded to include other drug trafficking activity in the area. The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
Thirteen of the defendants, including ringleader Isaac Anaya, 31, of Farmington, were charged in a 15-count federal indictment alleging a conspiracy to distribute methamphetamine in San Juan County from May 2013 through Sept. 2013. The remaining 16 defendants were charged with state drug trafficking and firearms offenses based on criminal complaints. During the course of the investigation, officers seized approximately five pounds of methamphetamine and five firearms. The law enforcement operation on Feb. 24, 2014, included the execution of eleven federal search warrants at two Bloomfield residences, four Farmington residences, two residences in San Juan County, two Bloomfield businesses, two Farmington businesses and a storage unit in Bloomfield. It also included the execution of three state search warrants at two residences in San Juan County and one Farmington residence. Officers seized numerous firearms, including a fully automatic Glock 19, a short-barreled rifle and a carbine with an obliterated serial number, four blasting caps, four small binary explosives and approximately 31.7 grams of methamphetamine during the execution of the search warrants and the law enforcement operation.
On Sept. 12, 2014, Archuleta pled guilty to conspiracy to distribute a controlled substance. In entering the guilty plea, Archuleta admitted that from May 28, 2013 through Sept. 25, 2013, he and his co-defendants conspired to distribute methamphetamine in San Juan County. Under the terms of his plea agreement, Archuleta was ordered to forfeit 31 rifles, 22 pistols, eight shotguns, two revolvers, firearm magazines and all ammunition that was seized by law enforcement from Archuleta’s residence on Feb. 26, 2014.
The federal and state cases filed as a result of Operation “Brown Ice” were investigated by the HSI office in Albuquerque, San Juan County Sheriff’s Office, HIDTA Region II Narcotics Task Force, Bloomfield Police Department, Farmington Police Department and Aztec Police Department. Assistant U.S. Attorney Reeve L. Swainston is prosecuting the federal case, and Assistant District Attorney David Cowen of the 11th Judicial District Attorney’s Office is prosecuting the state cases.
The HIDTA Region II Task Force is comprised of officers and investigators from the Farmington Police Department, San Juan County Sheriff’s Office, Bloomfield Police Department and Aztec Police Department, and is part of the High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Belleville Woman Pleads Guilty to Scheme to Defraud U.S. Marshals Survivors Benefit Fund and the Backstoppers, Inc.Read the Press Release
Pamela Denise Robtoy, 55, Belleville, Illinois, entered pleas of guilty to Mail Fraud and Wire Fraud in a Scheme to Defraud and Embezzle from the U.S. Marshals Survivors Benefit Fund and The BackStoppers, Inc., the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today. Robtoy faces a prison sentence of up to 40 years, a fine of up to $500,000, up to 3 years’ supervised release after serving her sentence, and a mandatory order of restitution. Sentencing has been set for August 28, 2015.
Robtoy admitted as part of her pleas of guilty that she embezzled funds from the 3rd Annual John Perry Golf Benefit held in October of 2013. The proceeds from the charitable event were to benefit the U.S. Marshals Survivors Benefit Fund and The BackStoppers, Inc. The Annual John Perry Golf Benefit Tournament was a charitable benefit held annually to remember Deputy U.S. Marshal John Brookman Perry, who was killed in the line of duty on March 8, 2011. The wire fraud count charged that Pamela Denise Robtoy sent an email to a Deputy United States Marshal falsely indicating that the checks to the U.S. Marshals Survivors Benefit Fund and The BackStoppers, Inc. had been reissued in an effort to avoid detection of her scheme.
The investigation was conducted by the Postal Inspection Service with the assistance of other federal agencies. The case is being prosecuted by Assistant United States Attorney Norman R. Smith.
Beckley area man sentenced to nine years for distributing oxycodoneRead the Press Release
BECKLEY, W.Va. – United States Attorney Booth Goodwin announced today that Boyd Wendell Clark, age 31, of Daniels, West Virginia, was sentenced in federal court in Beckley to nine years of imprisonment, followed by a 5-year term of supervised release. Clark previously pled guilty in January of 2015, to distributing oxycodone to a person cooperating with law enforcement authorities. The drug deal took place on Pine Grove Circle in Daniels, West Virginia. Clark was sentenced under the federal “career offender” guideline, which provides for enhanced sentencing based upon the defendant’s criminal history. This case was investigated by the Beckley Raleigh County Drug and Violent Crime Task Force and is being prosecuted under the Beckley Pill Initiative directed by the United States Attorney’s Office.
This case is part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of pills and heroin in communities across the Southern District.
The sentence was imposed by the Honorable Irene C. Berger.
Baltimore Man Admits to Robbing Six Businesses in Two DaysRead the Press Release
Baltimore, Maryland – Nick Hornberger, age 33, of Baltimore, pleaded guilty today to three counts of robbery.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; Chief James W. Johnson of the Baltimore County Police Department; Baltimore County State’s Attorney Scott Shellenberger; Baltimore City State’s Attorney Marilyn Mosby; and Baltimore Police Commissioner Anthony W. Batts.
According to his plea agreement, on March 5, 2014, from 12:40 a.m. to 2:35 p.m. Hornberger robbed the following five stores, stealing a total of $162 from four of these stores:
Royal Farms, Dundalk Avenue, Baltimore County;
Royal Farms, O’Donnell Street, Baltimore City;
7-11, Eastern Boulevard, Baltimore County;
7-11, Wise Avenue, Baltimore County; and
Dunkin Donuts, Kenwood Avenue, Baltimore County.
The following day, Hornberger robbed a pizza restaurant on Holabird Avenue in Baltimore County of $450.
In each robbery, the cashier or employee from whom Hornberger demanded money believed that Hornberger had a weapon, or was pointing a gun or assault rifle from inside of a white plastic bag. Following his arrest, Hornberger identified himself in photos taken from video surveillance at each robbery. A search warrant was executed at Hornberger’s motel room and a car used in the robberies. Law enforcement seized a toy black assault style rifle stuffed inside a white plastic bag.
Hornberger and the government have agreed that if the Court accepts the plea agreement, Hornberger will be sentenced to between 60 to 151 months in prison. U.S. District Judge Richard D. Bennett has scheduled sentencing for August 25, 2015 at 3:00 p.m.
United States Attorney Rod J. Rosenstein commended the FBI, Baltimore City and County Police Departments and Baltimore City and County State’s Attorney’s Offices for their work in the investigation. Mr. Rosenstein thanked Special Assistant United States Attorney Piper F. McKeithen, a cross-designated Baltimore Assistant State’s Attorney assigned to Exile cases, and Assistant United States Attorney Bonnie S. Greenberg, who are prosecuting the case.
Baltimore Drug Dealer Sentenced to 10 Years in PrisonRead the Press Release
Baltimore, Maryland – U.S. District Judge William D. Quarles, Jr. sentenced Earl Hamman Musheer, age 60, of Baltimore, today to 10 years in prison followed by five years of supervised release for conspiring to possess with the intent to distribute five kilograms or more of cocaine.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Assistant Special Agent in Charge Gary Tuggle of the Drug Enforcement Administration, Baltimore District Office; and Baltimore Police Commissioner Anthony W. Batts.
According to his plea agreement, Musheer had a co-conspirator retrieve packages containing a total of at least five kilograms of cocaine from a store in Baltimore County, Maryland. The cocaine was destined for sale in and around Baltimore.
On November 6, 2014, DEA investigators became aware that a suspicious package was in route to the store. When the parcel was delivered a couple days later to the store, the investigators detected a strong odor emanating from the box. A drug detection dog alerted on the parcel, indicating the presence of a controlled substance. The investigators subsequently opened the parcel pursuant to a search and seizure warrant. The parcel contained more than five kilograms of cocaine, which has a wholesale value of roughly $150,000. After obtaining a second warrant authorizing the installation of a tracking device within the parcel, the investigators inserted the tracking device and returned the package to the store.
On November 10, 2014, the co-conspirator retrieved the package, and was observed driving to meet Musheer in Baltimore City. Musheer placed the package in his own car, after which both were arrested. At the time of his arrest, Musheer had over $40,000 in cash and numerous pre-paid cell phones in his car.
United States Attorney Rod J. Rosenstein praised the DEA and Baltimore Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorneys James G. Warwick and Joshua T. Ferrentino, who prosecuted the case.
12 May 2015
Waterbury Man Sentenced to 5 Years in Federal Prison for Firearm and Narcotics OffensesRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that BRANDON SAPP, 28, of Waterbury, was sentenced yesterday by U.S. District Judge Janet Bond Arterton in New Haven to 60 months of imprisonment, followed by three years of supervised release, for possessing a firearm and heroin.
According to court documents and statements made in court, on August 5, 2014, Watertown Police observed SAPP drive up to a residence on Franklin Avenue and conduct what appeared to be a narcotics transaction with another individual standing outside of the home. When officers attempted to stop his car, SAPP pulled away at a high rate of speed. In the ensuing pursuit, SAPP struck a police vehicle, exited his car and fled on foot. He was apprehended a short time later.
A search of the route through which SAPP had fled revealed a 9mm semi-automatic pistol, and a search of his car revealed three 9mm firearm magazines, 15 rounds of 9mm ammunition and approximately 375 baggies of heroin, many of which were marked with the label “Obsession.” SAPP also possessed approximately $990 in cash.
On January 22, 2015, SAPP pleaded guilty to one count of possession of heroin with the intent to distribute, and one count of possession of a firearm in furtherance of a drug trafficking crime.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Watertown Police Department. The case was prosecuted by Assistant U.S. Attorney Gabriel J. Vidoni.
United States Settles Disability Discrimination Case Involving Residents of a Continuing Care Retirement CommunityRead the Press Release
The United States announced today the filing of a consent order that resolves allegations that Fort Norfolk Retirement Community Inc. (Fort Norfolk) violated the Fair Housing Act by instituting policies that discriminated against residents with disabilities at Harbor’s Edge, a continuing care retirement community in Norfolk, Virginia.
The consent order, which still needs to be approved by the court, was filed yesterday, along with a complaint, in the U.S. District Court of the Eastern District of Virginia. The complaint alleges that beginning in May 2011, Fort Norfolk instituted a series of policies that prohibited, and then limited, residents in the assisted living, nursing and memory support units at Harbor’s Edge from dining in dining rooms or attending community events with independent living residents. The complaint also alleges that when residents and family members complained about these policies, Fort Norfolk retaliated against them. In addition, the complaint alleges that Fort Norfolk had polices that discriminated against residents who used motorized wheelchairs by requiring those residents to pay a non-refundable fee, obtain liability insurance and obtain Fort Norfolk’s permission.
Under the consent order, Fort Norfolk will pay $350,000 into a settlement fund to compensate residents and family members who were harmed by these policies. Fort Norfolk will also pay a $40,000 civil penalty to the United States. In addition, Fort Norfolk will appoint a Fair Housing Act compliance officer and will implement a new dining and events policy, a new reasonable accommodation policy and a new motorized wheelchair policy.
“This consent order will ensure that all residents with disabilities at Harbor’s Edge are treated equally and that spouses and friends will be able to eat and socialize together,” said Principal Deputy Assistant Attorney General Vanita Gupta of the Civil Rights Division. “We are very pleased with Fort Norfolk’s willingness to work with us to achieve this important resolution.”
Individuals who are entitled to share in the settlement fund will be identified through a process established in the consent order. Persons who believe they were subjected to unlawful discrimination at Harbor’s Edge should contact the Justice Department toll-free at 1-800-896-7743 mailbox #5 or e-mail the Justice Department at [email protected].
The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. Individuals who believe that they may have been victims of housing discrimination can call the Justice Department at 1-800-896-7743, e-mail the Justice Department at [email protected], or contact the Department of Housing and Urban Development at 1-800-669-9777 or through its website at http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp.
United States Joins Lawsuit Against Bay Area Sleep ClinicsRead the Press Release
SAN JOSE – The United States has joined a whistleblower action pending in the Northern District of California against the owners and operators of Bay Sleep Clinic and their related businesses, Qualium Corporation and Amerimed Corporation, announced United States Attorney Melinda Haag and U.S. Department of Health and Human Services Special Agent in Charge, Ivan Negroni.
The action alleges that Saratoga, Calif., residents Anooshiravan Mostowfipour, 57, and Tara Nader, 56, fraudulently billed the Medicare program for diagnostic sleep tests. Defendants Mostowfipour and Nader own Qualium Corporation, which operates sixteen sleep clinics doing business as Bay Sleep Clinic. The defendants also own Amerimed Corporation, which distributes durable medical equipment under the name Amerimed Sleep Diagnostics. The defendants are alleged to have billed Medicare for tests that were conducted at unapproved locations and performed by technicians lacking the licenses or certifications required by Medicare payment rules and regulations. The government also alleges that the defendants fraudulently billed Medicare for medical devices in violation of Medicare rules and regulations that prohibit providers of diagnostic sleep tests from supplying medical devices and from sharing a sleep laboratory location with a durable medical equipment supplier.
The whistleblower action, captioned United States ex rel. Dresser v. Qualium Corp., et al., Civil Action No. 12-1745 (N.D. Cal.), was filed under the qui tam provisions of the False Claims Act. The False Claims Act allows for private persons, such as Elma F. Dresser in this case, to file actions to provide the government information about wrongdoing. Under the statute, if it is established that a person has submitted or caused others to submit false or fraudulent claims to the United States, the government can recover treble damages and $5,500 to $11,000 for each false or fraudulent claim filed. If the government is successful in resolving or litigating its claims, the whistleblower who initiated the action can receive a share of between 15 percent to 25 percent of the amount recovered.
The whistleblower action in this case contained additional allegations. However, the United States is intervening only with regard to allegations that Qualium Corporation (doing business as Bay Sleep Clinic), Amerimed Corporation (doing business as Amerimed Sleep Diagnostics), Tara Nader, and Anooshiravan Mostowfipour submitted false claims to Medicare for durable medical equipment and for sleep tests performed at unapproved locations or by unqualified technicians. The United States is not pursuing the whistleblower’s additional claims against the third-party company used by the defendants to submit claims to Medicare nor claims regarding alleged improper payments made by the defendants to medical providers.
Assistant U.S. Attorney Kimberly Friday is handling the case, with assistance from Financial Fraud Investigator Michael Zehr. The investigation was conducted by the U.S. Attorney’s Office for the Northern District of California and the Office of Inspector General of the Department of Health and Human Services.
The claims asserted in the complaint are allegations only, and there has been no determination of liability.
U.S. Attorney Recognizes National Police Week 2015: Honoring and Remembering Our Fallen Law Enforcement OfficersRead the Press Release
Again this year, communities across the United States will come together during National Police Week—May 10-16—to honor and remember those law enforcement officers who made the ultimate sacrifice, as well as the family members, friends, and fellow officers they left behind.
This year, the names of 273 officers killed in the line of duty are being added to the National Law Enforcement Officers Memorial in Washington, DC. These 273 officers include 117 officers who were killed during 2014, plus 156 officers who died in previous years but whose stories of sacrifice had been lost to history until now.
The fallen officers include Deputy U.S. Marshal Josie Wells. DUSM Wells was shot and killed while in Baton Rouge attempting to arrest a fugitive for a double homicide. Just last week, police officers Liquori Tate and Benjamin Deen were killed in the line of duty in nearby Hattiesburg, Mississippi.
All fallen law enforcement officers will be remembered during the following local Police Week services:
- Louisiana State Police Headquarters in Baton Rouge on Thursday, May 14, at 6:00 p.m.;
- Ascension Parish Sheriff’s Office, APSP Training Center on St. Landry Road, on Friday, May 15, at 10:00 a.m.
- Baton Rouge Police Department and East Baton Rouge Sheriff’s Office, Behind Baton Rouge City Hall near Statutes, on Friday, May 15, at 10:00 a.m.
U.S. Attorney Walt Green stated: “This week is a sober reminder of the very real dangers that our brave men and women in law enforcement face every single day. Their dedication to protecting our communities and families despite such dangers is inspiring and humbling. We must never forget their sacrifices and those of their families. I encourage all of us to show our appreciation to those who protect and serve during the events of this week and beyond.”
The names of all 273 fallen officers nationwide will be formally dedicated on the National Law Enforcement Officers Memorial in Washington, DC, during the 27th Annual Candlelight Vigil on the evening of May 13, 2015. So that people across the country can experience this unique and powerful ceremony, the vigil will be webcast live over the Internet beginning at 8 pm (EDT) on May 13th. To register for this free online event, visit www.LawMemorial.org/webcast.
The Candlelight Vigil is one of many commemorative events taking place in the nation’s capital during National Police Week 2015. The national observance is organized by a group of organizations led by the National Law Enforcement Officers Memorial Fund (NLEOMF), Concerns of Police Survivors, the Fraternal Order of Police and the Fraternal Order of Police Auxiliary.
On May 15th each year, the Fraternal Order of Police and the Fraternal Order of Police Auxiliary host a ceremony on the west steps of the U.S. Capitol to honor fallen law enforcement officers and their families.
In tribute to American law enforcement officers and at the request of the National Law Enforcement Officers Memorial Fund, Public Law 103-322 designates May 15th National Peace Officers Memorial Day, which is one of only two days each year during which government agencies, businesses and residents are to fly their U.S. flags at half-staff.
For more information about National Police Week, please visit www.LawMemorial.org/policeweek.
U.S. Attorney Issues Police Week Message to Baltimore City Police OfficersRead the Press Release
U.S. Attorney Rod J. Rosenstein sent the following message to police officers serving in Baltimore City today:
During National Police Week, we pay tribute to police officers who have died in the line of duty and give thanks to officers who faithfully protect and serve.
In particular, I want to express my gratitude to every police officer who serves with honor and integrity in Baltimore City. Criticism of your department, whether or not justified, should not obscure the good that so many of you do every day. The murder rate in Baltimore City fell dramatically over the past decade, along with most types of crime, thanks in large part to superb work by outstanding officers of the Baltimore Police Department. You have saved many lives.
Some criminals have taken advantage of recent events. Although many agencies are working on long-term solutions, only the Baltimore Police Department can stop criminals from harming victims today. Good police work is essential to hold criminals accountable and deter them from committing more crimes and creating more victims.
Baltimore City police officers have one of the most challenging and most important jobs in Maryland. Thank you for your courage and for your devotion to justice.
U.S. Attorney and Fbi Statement Regarding Identity of Longhorn BanditRead the Press Release
DENVER – U.S. Attorney John Walsh and FBI Denver Special Agent in Charge Thomas Ravenelle today confirmed the individual found dead at the Essex House Motel in Littleton, Colorado, on the evening of Friday, May 8, 2015, was believed by law enforcement to be the person responsible for a string of Metro Denver bank robberies, who had been dubbed by the FBI as the “Longhorn Bandit.” Yesterday, Arapahoe County Coroner Kelly C. Lear-Kaul, M.D. released the identity of the individual as 19 year old Jesus Emmanuel Avila. Earlier last week, the FBI and U.S. Attorney’s Office obtained a sealed Criminal Complaint – now unsealed – charging Avila with one count of bank robbery, and alleging in the complaint he committed two other bank robberies.
Thanks to the investigative work of the FBI and Rocky Mountain Safe Streets Task Force (RMSSTF), Special Agents and Task Force Officers were first able to identify the Longhorn Bandit as Avila. They later determined the location where Avila was believed to be staying. The FBI SWAT Team and RMSSTF members went to the location, the Essex House Motel, in Littleton, Colorado, to execute the arrest warrant. In the process of affecting the arrest of Avila, the defendant shot an FBI SWAT Team member in the leg. The injured FBI Special Agent was immediately transported to a local hospital, where it was determined his injuries were not life threatening. After Avila shot the FBI Agent, he turned the gun on himself. He died from a single gunshot wound to the head (manner of death classified as suicide), according to the Arapahoe County Coroner.
“The hard work of the FBI and the Safe Streets Task Force led to the identification and location of a serial bank robber,” said U.S. Attorney John Walsh. “As the subject’s actions firing on law enforcement agents and wounding an FBI agent show, the robber was armed, dangerous and posed a grave risk to the public. Our thoughts are with the injured FBI Special Agent, with best wishes for a speedy recovery.”
“On behalf of the FBI, I want to express my sincere gratitude to those Agents, Officers, Paramedics and agencies, especially the Littleton Police Department, who provided invaluable assistance in response to the shooting on Friday,” said Special Agent in Charge Thomas Ravenelle. “We are very thankful the wounds sustained by our Agent are not more serious. He has received outstanding treatment from the professionals at the Swedish Medical Center, and we look forward to his return to duty upon recovering from his injuries.”
The Criminal Complaint charging Avila has been unsealed and dismissed as a result of the defendant’s suicide.
Two More Defendants from Georgia Plead Guilty in Credit Card Fraud SchemeRead the Press Release
BOISE – Rashine Kale, 38, and Jean Estinville, 26, both of Lawrenceville, Georgia, each pleaded guilty today to one count of conspiracy to commit wire fraud and one count of aggravated identity theft for their roles in a credit card fraud scheme that targeted local retailers in October of 2014, U.S. Attorney Wendy J. Olson announced.
According to the plea agreements, Kale and Estinville each admitted to traveling to the District of Idaho, along with their co-defendants, for the purpose of making fraudulent purchases of gift cards and prepaid debit cards from retail stores, using stolen credit card numbers encoded onto stock debit cards. Both Kale and Estinville admitted to obtaining the stock debit cards encoded with unauthorized credit card numbers, and making purchases at retail stores on October 5, 2014.
In his plea agreement, Kale admitted to traveling to seven separate retail stores, and making 21 total purchases, using eight different credit card numbers that he was not authorized to use. Upon his arrest, officers found 188 access devices in his rental vehicle, consisting of various gift cards and pre-paid debit cards, and three gift cards in his possession. Sentencing is set for July 22, 2015, before Chief U.S. District Judge B. Lynn Winmill.
In his plea agreement, Estinville admitted to traveling to three separate retail stores, and making 14 total purchases, using six different credit card numbers that he was not authorized to use. Upon his arrest, officers found 55 access devices in his rental vehicle, consisting of various gift cards and pre-paid debit cards, as well as a Citizen EcoDrive watch in his possession that was purchased with an unauthorized credit card number. Sentencing is set for August 4, 2015, before Judge Winmill.
Conspiracy to commit wire fraud is punishable by up to 20 years imprisonment, a $250,000 fine, a term of supervised release of not more than three years, and a $100 special assessment. Aggravated identity theft is punishable by a mandatory minimum term of imprisonment of two years, a term of supervised release of not more than one year, a maximum fine of $250,000, and a special assessment of $100. As part of their pleas, the defendants also agreed to forfeit $49,953.41 in cash proceeds of the charged offenses.
Kale and Estinville were indicted, along with Rakeen Anderson, 31, of Atlanta, Georgia, Kyandre Banks, 34, of Lilburn, Georgia, Clarence Collins, 34, of Douglasville, Georgia, Mikki Williams, 24, of Atlanta, Georgia, Charles Moore, 25, of Stone Mountain, Georgia, Jonathan Penn, 20, of Suwanee, Georgia, Terrance Barimah, 26, of Floranceville, Georgia, and Brian Treadwell, 25, of Buford, Georgia, on charges relating to a wire fraud and identity theft scheme. Collins, Banks, Estinville, Kale, Moore, Penn, Williams and Treadwell were each charged with conspiracy to commit wire fraud, wire fraud, and aggravated identity theft. Anderson was charged with conspiracy to commit wire fraud and wire fraud. Barimah was charged with conspiracy to commit wire fraud and illegal possession of device-making equipment.
Co-Defendant Rakeen Anderson is scheduled for a change of plea hearing before Chief U.S. Magistrate Candy W. Dale on May 26, 2015. Co-defendants Treadwell and Williams are scheduled for sentencing on June 16, 2015. Co-defendant Clarence Collins is scheduled for sentencing on June 17, 2015. Co-defendant Charles Moore is scheduled for sentencing on July 7, 2015. Co-defendants Jonathan Penn and Terrance Barimah are scheduled for sentencing on July 8, 2015. The defendants will be sentenced before Judge Winmill. Co-defendant Kyandre Banks remains a fugitive.
The case was investigated by the United States Secret Service and the Boise Police Department.
Two Former Hall County Sheriff's Office Employees Plead Guilty to Bribery and Possession of DrugsRead the Press Release
GAINESVILLE, Ga. - David M. Treadwell and Austin Herring have pleaded guilty in separate cases to criminal charges arising from corrupt actions they took when they were employed by the Hall County Sheriff's Office. Treadwell pleaded guilty to accepting a bribe to tip off a person he believed was a drug dealer, if the person came under investigation by Hall County law enforcement. Herring pleaded guilty to attempting to possess cocaine with intent to distribute.
“Both of these defendants breached the trust of the people of Hall County by taking actions that—had they occurred outside the context of an undercover investigation—could have endangered others or permitted other crimes to occur,” said Acting U.S. Attorney John A. Horn. “Each defendant has now forfeited his career in law enforcement, and could face prison as a result of his corrupt actions.”
“Ethics and integrity is paramount for those working within law enforcement due to the many temptations that can arise and lead to an officer violating their oath of office as well as the law,” said J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office. “These guilty pleas represent two cases where two promising law enforcement officers gave in to those temptations and now face serious consequences for their criminal actions.”
“Few crimes are as reprehensible as those committed by officers who violate the very laws they are sworn to uphold,” said Hall County Sheriff Gerald Couch. “The actions of David Treadwell and Austin Herring undermines the efforts of all law enforcement that honorably perform their duties.”
According to Acting United States Attorney Horn, the charges, and other information presented in court: In late 2014, while Treadwell was employed as a deputy sheriff with the Hall County Sheriff's Office, he accepted $200 or $300 on five occasions from a person he believed was a drug dealer. In exchange for the money, Treadwell agreed to alert the drug dealer if Treadwell learned that the drug dealer was under investigation in Hall County.
In February 2015, while Herring was employed as a jailer with the Hall County Sheriff's Office, he was paid $500 on two occasions to take a package he was told contained cocaine to an inmate inside the jail. On each occasion Herring took the package to the inmate who was cooperating with the investigation. The inmate then turned the package over to investigators. Herring did not open or tamper with either package, but on each occasion he was specifically told by the person who gave it to him that the package contained cocaine from Mexico. In actuality, neither package contained a controlled substance.
David M. Treadwell, 33, of Gainesville, Georgia, and Austin Herring, 19, of Murrayville, Georgia, have both been fired by the Hall County Sheriff's Office.
Both cases are being investigated by the Federal Bureau of Investigation with assistance from the North Georgia Major Offenders Task Force which includes deputy sheriffs from the Hall County Sheriff's Office.
Assistant United States Attorney William L. McKinnon, Jr. is prosecuting both cases.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the home page for the U.S. Attorney’s Office for the Northern District of Georgia Gainesville Division is http://www.justice.gov/usao/gan/.
Twenty-three Defendants Charged in Heroin Distribution OrganizationRead the Press Release
United States Attorney James L. Santelle announced today that the following twenty-three (23) defendants have been charged in a criminal complaint with drug trafficking offenses related to the distribution of heroin:
Rayford WILLIAMS, age 43
David WILLIAMS, age 45
Mark HAYNIE, age 42
William PHILLIPS, age 51
Margaree CAMPBELL, age 59
George SEALS, age 50
Kendall MCCLURE, age 45
Michael SMITH, age 47
Larry HINES, age 66
Jahir MURPHY, age 26
Brenda NORTH, age 38
Darnell WALKER, age 43
Lionel WATKINS, age 50
Sharon YOUNG, age 50
Yolanda PARKER, age 38
Rashid TALIB, age 51
Antwon CONEY, age 33
Walton WILLIAMS, age 52
Tom HORTON, age 54
Melvin YOUNG, age 53
Alvera GADDIS, age 43
Freddie L. FOSTER, age 42
Pakeeta SKEETS, age 47.All of the defendants except Haynie, Phillips, and Campbell reside in the greater Milwaukee area. Haynie, Phillips and Campbell all reside in Chicago, Illinois.
The defendants are charged with drug offenses including: distribution of and possession with intent to distribute controlled substances and conspiracy. If proven that the offenses involved more than a kilogram of heroin, each defendant will face up to life in prison, with a mandatory minimum sentence of ten years in prison. A number of the defendants charged are believed to be members of the Four Corner Hustlers Street Gang, and all of them operated in either Milwaukee, Wisconsin, or Chicago, Illinois.
Today, law enforcement officers arrested twenty-one of these defendants. Two are still at large, including: Jahir Murphy and Freddie Foster. In addition, law enforcement located and arrested a fugitive in an unrelated case.
In addition to today’s arrests, law enforcement officers executed 10 federal search warrants in Milwaukee, Wisconsin, and one in Chicago, Illinois, targeting members of this organization. Approximately 200 federal and state officers participated in these arrests and searches. Law enforcement recovered approximately ½ ounce of heroin, one pound of marijuana, nine firearms, $2300, two vehicles, and drug paraphernalia.
In making today’s announcement about the federal charges, searches, and defendant arrests, United States Attorney Santelle stated: “These charges are the result of an aggressive, multi-state, coordinated approach to eradicate heroin trafficking organizations from the streets of Milwaukee and across state lines. Anyone who assists these organizations, whether through providing, selling or transporting heroin will be held accountable. Make no mistake, with our partners in law enforcement, my office will use all lawful tools to stem the onslaught of heroin distribution in the Eastern District of Wisconsin.” United States Attorney Santelle specifically commended all of the federal, state, and local law enforcement officers and units involved in the investigation for their hard work and inter-agency cooperation.
The investigating agencies included the U.S. Department of Justice, the Drug Enforcement Administration (DEA), Milwaukee Police Department (MPD), Wisconsin Department of Justice – Division of Criminal Investigation (DCI), the Waukesha County Sheriff’s Department, Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), West Allis Police Department, Wisconsin State Patrol, South Milwaukee Police Department, Chicago Police Department, Wisconsin HIDTA, and Chicago HIDTA. The United States Marshals Service, the Milwaukee County Sheriff’s Office, Oak Creek Police Department, Racine Police Department, Greenfield Police Department, and the Wisconsin Department of Corrections also assisted with the arrests and search warrants.
This case is being prosecuted by Assistant United States Attorneys Gail J. Hoffman and Benjamin W. Proctor.
An indictment is merely the formal method of charging an individual and does not constitute inference of his or her guilt. An individual is presumed innocent until such time, if ever, that the government establishes his or her guilt beyond a reasonable doubt.
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Three Members of al-Shabaab Plead Guilty to Conspiring to Provide Material Support to the Terrorist OrganizationRead the Press Release
Earlier today, Madhi Hashi, 25, of Somalia, Ali Yasin Ahmed, 30, of Sweden, and Mohamed Yusuf, 32, of Sweden, pleaded guilty to conspiring to provide material support to a designated foreign terrorist organization, al-Shabaab.
The guilty plea was announced by Assistant Attorney General for National Security John P. Carlin, Acting U.S. Attorney Kelly T. Currie of the Eastern District of New York and Assistant Director in Charge Diego Rodriguez, of the FBI’s New York Field Office.
The guilty plea took place before U.S. District Judge John Gleeson of the Eastern District of New York. At sentencing, each of the defendants faces a maximum of 15 years in prison and automatic removal from the United States.
As stated in court today and according to court documents, between approximately December 2008 and August 2012, the defendants served as members of al-Shabaab in Somalia, where they agreed with others to support al-Shabaab and its extremist agenda. Defendants Mohamed Yusuf and Ali Yasin Ahmed fought in battles in Somalia against African Union forces. Defendant Madhi Hashi was a close associate of American-born jihadist Omar Hammami, with ties to a known al-Shabaab suicide bomber. In addition, defendant Yusuf is featured in an al-Shabaab propaganda video titled “Inspire the Believers.”
In early August 2012, the defendants were apprehended together in East Africa by local authorities shortly after leaving Somalia on their way to Yemen. On Nov. 14, 2012, the FBI took custody of the defendants and brought them to the Eastern District of New York for prosecution.
“Hashi, Ahmed and Yusuf all pleaded guilty to conspiring to provide material support to a designated foreign terrorist organization, al-Shabaab,” said Assistant Attorney General Carlin. “The National Security Division remains committed to identifying, disrupting and holding accountable all who seek to provide material support to terrorists both at home and abroad. I would like to thank all of the agents, analysts and prosecutors who are responsible for this case.”
“The defendants were committed supporters of al-Shabaab, a violent terrorist organization that has demonstrated its capabilities and motives in numerous terrorist attacks overseas, and has publicly called for attacks against the United States,” said Acting U.S. Attorney Currie. “We will use every tool at our disposal to combat terrorist groups, deter terrorist activity, and incapacitate individual terrorists around the world. Today’s convictions demonstrate that criminal prosecution is an effective tool in our efforts to combat international terrorism.”
Assistant Attorney General Carlin joined Acting U.S. Attorney Currie in thanking the federal, state and local law enforcement agencies who participate in the FBI’s Joint Terrorism Task Force in New York.
The government’s case is being prosecuted by Assistant U.S. Attorneys Shreve Ariail, Seth D. DuCharme and Richard M. Tucker of the Eastern District of New York and Trial Attorney Annamartine Salick of the National Security Division's Counterterrorism Section. Trial Attorneys Shanna Batten Aguirre and Dan Stigall of the Justice Department’s Office of International Affairs provided valuable assistance.
Three Members of Al-Shabaab Plead Guilty to Conspiring to Provide Material Support to the Terrorist OrganizationRead the Press Release
Earlier today, Madhi Hashi, Ali Yasin Ahmed and Mohamed Yusuf pleaded guilty to conspiring to provide material support to al-Shabaab, a designated foreign terrorist organization. Today’s plea took place before United States District Judge John Gleeson. At sentencing, each of the defendants faces a maximum of 15 years in prison and automatic removal from the United States.
The guilty pleas were announced by Kelly T. Currie, Acting United States Attorney for the Eastern District of New York, John P. Carlin, Assistant Attorney General for National Security and Diego Rodriguez, Assistant Director-in-Charge of the Federal Bureau of Investigation, New York Field Office.
As stated in court today and according to court documents, between approximately December 2008 and August 2012, the defendants served as members of al-Shabaab in Somalia, where they agreed with others to support al-Shabaab and its extremist agenda. In early August 2012, the defendants were apprehended in East Africa by local authorities while on their way to Yemen. On November 14, 2012, the Federal Bureau of Investigation took custody of the defendants and brought them to the Eastern District of New York for prosecution.
“The defendants were committed supporters of al-Shabaab, a violent terrorist organization that has demonstrated its capabilities and motives in numerous terrorist attacks overseas, and has publicly called for attacks against the United States,” stated Acting U.S. Attorney Kelly T. Currie. “We will use every tool at our disposal to combat terrorist groups, deter terrorist activity, and incapacitate individual terrorists around the world. Today’s convictions demonstrate that criminal prosecution is an effective tool in our efforts to combat international terrorism.”
“Hashi, Ahmed and Yusuf all pleaded guilty to conspiring to provide material support to a designated foreign terrorist organization, al-Shabaab,” said Assistant Attorney General Carlin. “The National Security Division remains committed to identifying, disrupting and holding accountable all who seek to provide material support to terrorists both at home and abroad. I would like to thank all of the agents, analysts and prosecutors who are responsible for this case.”
During the time of the charged conspiracy (and thereafter), al-Shabaab successfully recruited individuals from around the world, like the defendants, to come to Somalia and join the organization. These individuals, known within al-Shabaab as “foreign fighters” and muhajireen, lived, trained, and often fought separately from, but in coordination with, other al-Shabaab fighters. They were also especially valuable to al-Shabaab for several reasons. For example, al-Shabaab frequently made Western foreign fighters the face of its fund-raising and propaganda efforts as part of a broader strategy of emphasizing that the conflict in Somalia was part of a global jihad aimed at creating an Islamic caliphate. Indeed, one of the defendants, Mohamed Yusuf, is featured in an al-Shabaab propaganda video in which he encouraged young men to travel to Somalia and join al-Shabaab and threatened a cartoonist who had depicted the prophet Mohammad. In addition, Yusuf and defendant Ali Yasin Ahmed fought in battles in Somalia against African Union forces. Defendant Madhi Hashi was a close associate of American-born al-Shabaab leader Omar Hammami.
Assistant Attorney General Carlin joined Acting U.S. Attorney Currie in thanking the federal, state and local law enforcement agencies who participate in the FBI’s Joint Terrorism Task Force in New York.
The government’s case is being handled by the Office’s National Security and Cybercrime Section. Assistant United States Attorneys Shreve Ariail, Seth D. DuCharme, and Richard M. Tucker, along with Trial Attorney Annamartine Salick of the Department of Justice’s Counterterrorism Section, are in charge of the prosecution. Trial Attorneys Shanna Batten and Dan Stigall of the Department of Justice’s Office of International Affairs also provided invaluable assistance.
The Defendants:
MADHI HASHI, also known as “Talha”
Age: 25
Nationality: Somali
ALI YASIN AHMED, also known as “Ismail”
Age: 30
Nationality: Swedish
MOHAMED YUSUF, also known as “Abu Zaid,” “Hudeyfa” and “Mohammed Abdulkadir”
Age: 32
Nationality: Swedish
Telephone Customer Service Representative Pleads Guilty to Wire Fraud ConspiracyRead the Press Release
Michael J. Moore, United States Attorney for the Middle District of Georgia, announced that Lavrinda Hamilton, aged 40, of Albany, Georgia, entered a plea of guilty on May 12, 2015, to an information charging her with conspiracy to commit wire fraud before the Honorable Leslie J. Abrams, U.S. District Court Judge, in Albany, Georgia.
According to the information, between March 2011 and September 2012, Ms. Hamilton accessed personal identity and customer account data for over fifty different telephone customers from a computer at her job site at Teleperformance in Albany, Georgia. She then sent the account and identity data to unknown conspirators and received payment via pre-paid debit cards. The unknown conspirators filed insurance claims for lost or stolen phones and received replacement phones at third-party addresses.
Ms. Hamilton faces a maximum sentence of 20 years imprisonment, a maximum fine of $250,000, or both. She will be sentenced in about 60 days following a pre-sentence investigation by the U.S. Probation Office.
The case was investigated by the United States Secret Service and the Federal Bureau of Investigation. Assistant U.S. Attorney Jim Crane is prosecuting the case for the Government.
“Identity theft is one of the most prolific crimes in the country and in the seventy counties of the Middle District of Georgia. This is the second case my office has seen in a week where an employee has abused the trust placed in them by both the employer and the customer to perpetrate a fraud for personal gain. We will vigorously prosecute these cases whenever they come to us,” said United States Attorney Michael Moore.
"As identity theft becomes more prevalent, the Secret Service will remain steadfast in aggressively investigating those responsible for using stolen identities to commit fraud. Along with our law enforcement partners, we will continue to pursue those committing these crimes," said Resident Agent in Charge Clint Bush, U.S. Secret Service, Albany, Georgia.
Questions concerning this case should be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603.
Tax Preparer Sentenced to 30 Months in Federal PrisonRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. sentenced Aaron Valley yesterday to 30 months in federal prison for aiding in the preparation of false tax returns. As part of his sentence, he was also ordered to pay $265,000 in restitution to the IRS. Valley pleaded guilty on February 19, 2015.
According to his plea agreement, Valley prepared tax returns from his home for clients for tax years 2009 and 2010. As part of his scheme, Valley did not identify himself as the paid preparer on any of the tax returns. He was able to generate large refunds for his clients by preparing tax returns that claimed false filing status, fraudulent W-2 earnings, false Schedule C business expenses, and losses to maximize the earned income tax credit allowed to certain taxpayers. He charged up to $1,000 to prepare the tax returns. To ensure that he could collect his fees, Valley had the refunds deposited into a number of different bank accounts that he controlled or was able to access.
This case was investigated by the Internal Revenue Service – Criminal Investigation. It was prosecuted by Assistant United States Attorney Shawn P. Napier.
Summer Camps Must Reasonably Accommodate Children with DisabilitiesRead the Press Release
Summer camps are legally required to make reasonable accommodations to accept children with disabilities, U.S. Attorney Deb Gilg announced today.
With summer approaching, parents are beginning to think about sending their children to summer camps. To help ensure that children with disabilities receive the opportunity to attend summer camp, the U.S. Attorney’s Office will be sending a flyer to summer camps located within the District of Nebraska reminding them of their obligations under the Americans with Disabilities Act (“ADA”).
Under the ADA, summer camps, both private and those run by municipalities, must make reasonable modification to enable campers with disabilities to participate fully in all camp programs and activities. This generally means that children with disabilities are entitled to attend any camp or activity that non-disabled children attend, that camps must evaluate each child on an individual basis, and that camps must train their staff in the requirements of the ADA. Camps are obligated to pay for the cost of any reasonable modifications necessary for disabled children to participate in camp activities, and parents should not be charged any additional fee beyond standard camp enrollment costs.
“Summer camps present tremendous growth opportunities for children to learn independence, try new activities and gain self-confidence,” Gilg said. “The law requires camps to provide equal opportunities to disabled children whose needs can be reasonably accommodated.”
Additional information about the ADA is available at www.ada.gov, or through contacting the Department of Justice ADA Information Line at 800-514-0301 (voice); 800-514-0383 (TTY) or the U.S. Attorney’s Office at (402) 661-3700.
Springfield Man Pleads Guilty to Distributing Crack CocaineRead the Press Release
Boston – Dmitri Major, 37, pleaded guilty to distributing crack cocaine after being indicted in June 2014. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Sept. 3, 2015.
On Oct. 9 and 17, 2013, Major sold crack cocaine to an undercover law enforcement officer next to the Indian Motorcycle Building in Springfield.
The charging statute provides a sentence of no greater than 20 years in prison, five years of supervised release, and a fine of $1 million. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz, and Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Kevin O’Regan, Chief of Ortiz’s Springfield Branch Office.
Six Sentenced for Narcotic Distribution and Firearm ViolationsRead the Press Release
GREENVILLE - United States Attorney Thomas G. Walker announced that CEDRIC SHARROD WILLIAMS, 32, of Scotland Neck, ALONZO KEITH CARTER, 36, of Rocky Mount, DERRICK LAMONT HANNON, 24, of Scotland Neck, HERMAN LEE COLEY, III, 40, of Rocky Mount, JERRY KEITH PITTMAN, JR., 26, of Sharpsburg, and JOSEPH LAMAR NORRIS, 31 of Rocky Mount, were each sentenced resulting from their earlier guilty pleas to distributing large quantities of heroin, cocaine and cocaine base (crack). The charges involved a large scale narcotics ring responsible for selling 2,493 grams of heroin, 255.15 grams of cocaine, and 49 grams of crack from sometime in 2011 until February 2014 centered in the Rocky Mount area.
“We are making a difference when it comes to getting major drug dealing organizations out of communities. We are working toward diminishing the quantity of illegal drugs that enter our city,” said Rocky Count Police Chief James Moore. “However it’s not just a Rocky Mount problem. It’s a North Carolina and an America problem – and until we address the issue of the unquenchable thirst for drugs in this country, it will be a perpetual cycle of apprehension and distribution, no matter how much enforcement we do.”
All 6 defendants were sentenced by Senior Judge Malcolm J. Howard. WILLIAMS was sentenced to 480 months. CARTER was sentenced to 120 months; HANNON was sentenced to 66 months imprisonment; COLEY was sentenced to 60 months imprisonment; PITTMAN was sentenced to 41 months; and NORRIS was sentenced to 18 months imprisonment.
According to the investigation, the co-conspirators were members of a heroin trafficking organization, organized by WILLIAMS, and centered in the Rocky Mount, North Carolina, area. The conspirators were involved in the distribution of heroin from sometime in 2011 until February 2014. Further investigation revealed that WILLIAMS maintained a source of supply for heroin in New Jersey and he traveled to New Jersey on multiple occasions with HANNON, COLEY, and others to obtain heroin for sale in the Rocky Mount area.
On June 15, 2012, agents received information from a confidential informant (CI) that WILLIAMS returned the previous day from New Jersey with a large quantity of heroin. Agents conducted surveillance of WILLIAMS and they observed him conduct multiple drug transactions from a vehicle on Sunset Avenue in Rocky Mount. Officer’s conducted traffic stops on three individuals who had purchased narcotics from WILLIAMS. All three individuals, who were arrested on state charges, admitted that they purchased heroin from WILLIAMS. Officers recovered 72 bindles (1.44 grams) of heroin from the occupants of the vehicle. Upon his arrest, WILLIAMS confessed to agents that he traveled to New Jersey with HANNON and COLEY on June 13, 2012, to purchase heroin. WILLIAMS advised agents that there was heroin, money, and a shotgun at his residence in Rocky Mount. During a search of the residence officers recovered 22 bricks (22 grams) of heroin, a 12 gauge shotgun, one box of .45 caliber ammunition, two boxes of 12 gauge shotgun shells, and $4,358. WILLIAMS also admitted to having thrown drugs out of his vehicle prior to being arrested. As a result, agents were able to recover an additional 60 bindles (1.2 grams) of heroin. During the conspiracy, WILLIAMS confessed to purchasing approximately 20 grams per week from his source in New Jersey. Over the course of the investigation, WILLIAMS was caught possessing numerous illegal firearms in furtherance of his drug trafficking activities.
Investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), Drug Enforcement Administration-Raleigh, Rocky Mount Police Department, and the Nash County Sheriff’s Office. Assistant United States Attorney James Kurosad is handling the prosecution for the government.
Shreveport woman sentenced to 27 months in prison for health care fraud, wire fraudRead the Press Release
SHREVEPORT, La. – United States Attorney Stephanie A. Finley announced that the owner and operator of a Shreveport intensive outpatient program company was sentenced Monday to 27 months in prison for charging Medicare for services never rendered.
Sharon Monroe, 43, of Shreveport, was sentenced by U.S. District Judge S. Maurice Hicks Jr. for one count of health care fraud and one count of wire fraud. She was also sentenced to three years of supervised release and was ordered to pay $992,479.08 restitution. According to evidence presented at the September 11, 2014 guilty plea, Monroe, owner of Monroe Medical Management LLC, submitted fraudulent claims to Medicare for Part B psychotherapy services from 2007 to 2011. As a result of the fraudulent claims, she improperly received payments from Medicare. Monroe filed claims for psychotherapy services that were never performed. She also used physicians’ Medicare provider numbers to submit claims without the physicians’ knowledge. In some cases, she claimed her employees rendered services in excess of 24 hours a day, that some of her employees were qualified to perform services when they were not, and that some of the services were performed at medical offices when they were not.
The FBI and Health and Human Services, Office of Inspector General, conducted the investigation. Assistant U.S. Attorney Earl M. Campbell prosecuted the case.
Settlement with Honolulu to Prevent Hazardous Air Emissions at Kapaa LandfillRead the Press Release
The Department of Justice and the Environmental Protection Agency (EPA) today announced a settlement with the city and county of Honolulu to resolve air violations at its closed Kapaa Landfill in Kailua, Oahu, by requiring the city and county of Honolulu to pay a civil penalty of $875,000 and build a $16.1 million solar power system. This environmental project involves the installation of photovoltaic arrays on more than 250,000 square feet of buildings and open space area at the city’s waste-to-energy H-POWER (Honolulu Program of Waste Energy Recovery) facility by 2020.
Because decomposing refuse in a large landfill generates hazardous air pollutants such as benzene, carbon tetrachloride, chloroform, ethylene dichloride, perchloroethylene, trichloroethylene, vinyl chloride and vinylidene chloride, the federal Clean Air Act requires a system to collect and control the gases. The city failed to install and operate the gas collection and control system by its deadline in 2002. The gas collection and control system at the landfill was not in place until April 2013 and is currently operational.
“This settlement holds Honolulu accountable for past failures to collect and control toxic gases and greenhouse gas emissions from the Kapaa Landfill, but it also lays the foundation for better environmental stewardship in the future,” said Assistant Attorney General John C. Cruden for the Department of Justice’s Environment and Natural Resources Division. “Residents who call Oahu home will realize the benefits of this agreement – which includes clean solar power production and reduced reliance on fossil fuels – for many years to come.”
“Air emissions from a closed landfill are toxic and can contribute to global warming,” said Administrator Jared Blumenfeld of EPA for the Pacific Southwest. “If the proper systems had been in place at the landfill, over 343,000 tons of methane and 6,800 tons of hazardous air pollutants and volatile organics, would not have escaped to the atmosphere.”
Honolulu is the owner/operator of the landfill encompassing approximately 215 acres that includes the smaller Kalaheo Landfill. The landfill first received solid waste in 1969 and closed in May 1997. From 1990 to 2002, Gas Recovery Systems Inc. installed and operated a gas collection system and turbine on behalf of the city for the generation of electric energy. Gas Recovery Systems Inc. ceased operation of the gas turbine due to its failure in 2002.
Effective gas controls at a landfill reduce the release of these hazardous gases and poorly controlled gas. Many air pollutants identified in landfill gas are either known or suspected carcinogens. Air emissions of methane from landfills can also contribute to global methane emissions, a greenhouse gas with about 25 times the global warming potential of carbon dioxide.
The solar panels will be installed at the city’s H-POWER facility in Campbell Industrial Park. The new solar panels will have a capacity of 3.1 megawatts and will generate over five million kilowatt-hours of electricity per year, enough to power 800 Oahu households on average. This action will lead to less reliance on fossil fuels on Oahu.
Today’s proposed Clean Air Act consent decree, lodged in the U.S. District Court in Hawaii, is subject to a 30-day public comment period and court approval and is now available for review at www.justice.gov/enrd/Consent_Decrees.html
For more information about Clean Air Act landfill regulations, please visit the EPA’s web site at www.epa.gov/outreach/lmop/faq/landfill-gas.html
San Felipe Pueblo Man Pleads Guilty to Assaulting His Intimate PartnerRead the Press Release
ALBUQUERQUE – Michael V. Tenorio, 23, a member and resident of San Felipe Pueblo, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to assaulting his intimate partner. Under the terms of his plea agreement, Tenorio will be sentenced to 24 months in federal prison followed by a term of supervised release to be determined by the court.
Tenorio was arrested on Nov. 18, 2014, on a criminal complaint charging him with assaulting an intimate partner by strangulation and assault with a dangerous weapon. According to the complaint, on Nov. 7, 2014, BIA agents responded to call reporting an assault occurring on San Felipe Pueblo in Sandoval County, N.M. The complaint alleged that Tenorio assaulted the victim, a non-Indian woman, by threatening her with a rifle and choking her. Tenorio was subsequently indicted on Dec. 16, 2014, and charged with assault of an intimate partner by strangulation and assault with a dangerous weapon.
During today’s proceedings, Tenorio pled guilty to assault of an intimate partner by strangulation. In entering his guilty plea, Tenorio admitted that on Nov. 7, 2014, he choked the victim by wrapping his hands around her neck and squeezing, causing her breathing to be affected by the pressure.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and is being prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Rochester Man Pleads Guilty to Sex Crime Against MinorRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Todd Glenn Dean, 50, of Rochester, NY, pleaded guilty to enticing a minor to engage in illegal sexual activity before U.S. District Judge David G. Larimer. The charge carries a minimum penalty of 10 years in prison, a maximum of life, and a $250,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that in September 2014, a minor male was approached by the defendant. Dean handed the minor a piece of paper with his telephone number on it. The minor then reported the incident to his mother who exchanged text messages with the defendant. Based on the exchanges, the mother notified law enforcement.
In October 2014, a law enforcement officer, posing as a 15 year old male, exchanged texts with Dean. The two arranged to meet in Genesee Valley Park for the purpose of having sex. The defendant was arrested when he arrived at the park.
The plea is the result of an investigation by the Federal Bureau of Investigation’s Child Exploitation Task Force which includes the Monroe County Sheriff’s Office, the Rochester Police Department, and U.S. Immigration and Customs Enforcement, Homeland Security Investigations.
Sentencing is scheduled for August 18, 2015 at 10:00 before Judge Larimer.
Rochester Man Pleads Guilty to Possession of Counterfit MoneyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Terrance Williams, 25, of Rochester, NY, pleaded guilty to possession of counterfeit money before District Court Judge David G. Larimer. The charges carry a maximum penalty of 20 years in prison and a $250,000fine.
Assistant U.S. Melissa M. Marangola, who is handling the case, stated that on March 1, 2015, law enforcement officers responded to 453 Hollenbeck Street in Rochester to investigate a possible burglary in progress. As officers approached the defendant, they learned he had an outstanding warrant on an unrelated matter. Williams was arrested and taken to the Monroe County Jail. While there, officers removed $1,140.00 in counterfeit United States currency the defendant. The money was then examined by Secret Service agents who determined it was counterfeit.
The plea is the culmination of an investigation on the part of the Secret Service, under the direction of C. Todd Laster.
Sentencing is scheduled for August 8, 2015 at 12:00 p.m. before Judge Larimer.
ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Terrance Williams, 25, of Rochester, NY, pleaded guilty to possession of counterfeit money before District Court Judge David G. Larimer. The charges carry a maximum penalty of 20 years in prison and a $250,000fine.Assistant U.S. Melissa M. Marangola, who is handling the case, stated that on March 1, 2015, law enforcement officers responded to 453 Hollenbeck Street in Rochester to investigate a possible burglary in progress. As officers approached the defendant, they learned he had an outstanding warrant on an unrelated matter. Williams was arrested and taken to the Monroe County Jail. While there, officers removed $1,140.00 in counterfeit United States currency the defendant. The money was then examined by Secret Service agents who determined it was counterfeit.
The plea is the culmination of an investigation on the part of the Secret Service, under the direction of C. Todd Laster.
Sentencing is scheduled for August 8, 2015 at 12:00 p.m. before Judge Larimer.Rochester Man Charged with Participating in Jamaican Lottery ScamRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Charles Hanks, 46, of Rochester, NY, was arrested and charged by criminal complaint with mail fraud. The charge carries a maximum penalty of 20 years in prison, and a $250,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the complaint, Hanks participated in a Jamaican lottery scam. In this fraud, individuals were told that they had won a lottery and other prizes, and in order to collect the winnings, they needed to remit thousands of dollars in “fees.” The scam targeted the elderly, some of whom lost their life savings. The defendant received money from the victims which he then forwarded to Jamaica after keeping a portion of the funds for himself.
The defendant made an initial appearance today before Magistrate Judge Jonathan W. Feldman. Hanks was released on conditions pending further proceedings on July 14, 2015, at 11:00 a.m.
The criminal complaint is the culmination of an investigation on the part of the United States Postal Inspection Service, under the direction of Shelly Binkowski, Inspector in Charge, Boston Division.
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.