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Wednesday 25 March 2015
Former D.C. Government Official Found Guilty of Fraud Involving $110,000 Grant That Funded a 2009 Inaugural BallRead the Press Release
WASHINGTON – Neil S. Rodgers, a former District of Columbia government official, has been found guilty by a jury of first-degree fraud stemming from his role in channeling $110,000 in youth and drug prevention grant funds that were used to pay for an inaugural ball.
The guilty verdict, which was returned March 16, 2015, by a jury in the U.S. District Court for the District of Columbia, was announced by U.S. Attorney Ronald C. Machen Jr., Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office, and Thomas J. Kelly, Special Agent in Charge of the Washington Field Office of the Internal Revenue Service-Criminal Investigation.
The jury later acquitted Rodgers of one federal count of wire fraud and was unable to reach a verdict on one federal count of theft concerning programs receiving federal funds. At a hearing today, the Honorable Senior Judge John D. Bates denied a defense motion to dismiss the guilty verdict and scheduled sentencing for June 16, 2015. The charge of first-degree fraud, a District of Columbia offense, carries a statutory maximum of 10 years in prison.
Rodgers, 62, of Washington, D.C., served as the Committee Director of the Council of the District of Columbia’s Committee on Libraries, Parks, Recreation and Planning. Before becoming Committee Director, Rodgers worked for many years at the District of Columbia Department of Parks and Recreation, serving as Chief of Staff and Acting Director.
Six others have pled guilty to charges in the overall investigation, which focused on activities involving former Council Member Harry L. Thomas, Jr. Thomas pled guilty in January 2012 to charges stemming from a scheme in which he used more than $350,000 in taxpayers’ money that was earmarked for the arts, youth recreation, and summer programs for his own personal benefit, including paying for vehicles, clothing, and trips. He resigned in January 2012 as a condition of his plea agreement and recently completed serving a 38-month prison sentence.
According to the government’s evidence, Rodgers aided Thomas in illegally securing funds for the 51st State Inaugural Ball, held on Jan. 20, 2009, at the Wilson Building.
“Neil Rodgers was convicted of fraud by a D.C. jury for helping Harry Thomas steal money from children to throw a black-tie party in the Wilson Building,” said U.S. Attorney Machen. “This guilty verdict makes Neil Rodgers the seventh and final person to be convicted in connection with Harry Thomas’s crimes. This conviction makes clear that the citizens of the District of Columbia will not tolerate government employees who break the law to facilitate the corrupt dealings of elected officials. Public servants owe it to the taxpayers to stand up against crooked politicians, not to enable them.”
“Public funds intended to improve the lives of District youth were illegally steered to host a party for the 2009 Presidential inauguration,” said Assistant Director in Charge McCabe. “Government officials are properly held to a higher standard of conduct and by undermining these laws they violated the integrity of our government. This verdict is a reminder to government officials that corruption will not be tolerated in our community – no matter the level, the amount, or the individuals involved.”
Thomas directed one of his staffers to plan the ball to celebrate the inauguration of President Obama. The 51st State Inaugural Ball was sponsored by Thomas, other council members and a local chapter of a political organization which was run by Thomas’s staffer who planned the ball. Ticket sales and other contributions failed to raise enough money to pay the expenses associated with the ball. Following the ball, the vendors who provided services for the ball were owed approximately $100,000.
Thomas asked Rodgers to help find funding for the money owed to the vendors. Thomas and Rodgers participated in a scheme to take money that was originally donated by D.C. taxpayers to the Children at Risk and Drug Prevention Fund to pay for the inaugural ball.
After the ball was over, Thomas and Rodgers contacted the president of a public-private partnership that provided grants to children and youth of the district. Thomas and Rodgers falsely stated that the ball had been a youth event. The private-public partnership organization agreed to provide funding for the ball based on these representations. It also agreed to use the Children at Risk and Drug Prevention Fund money to pay for the ball.
The Children at Risk and Drug Prevention Fund consisted of money that had accumulated at the D.C. Department of Parks and Recreation after years of tax donations by D.C. taxpayers. In 2008, the D.C. Council passed legislation that gave responsibility for distributing the money to the community to the public-private partnership organization. At the time of the ball, the money had not yet transferred to the public-private partnership. Rodgers used his influence to finalize the transfer of the money so that it could be used to pay for the inaugural ball.
Rodgers then submitted false paperwork to the public-private partnership that described the inaugural ball as a youth event. Rodgers provided multiple copies of budgets and supporting narratives that misled the public-private partnership and resulted in the issuance of the Children at Risk and Drug Prevention Fund money to pay for the inaugural ball.
In announcing the verdict, U.S. Attorney Machen, Assistant Director in Charge McCabe, and Special Agent in Charge Kelly commended the work of those who investigated the case from the FBI’s Washington Field Office and IRS-CI. They also acknowledged the work of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Tasha Harris, Heather Sales, Jessica Mundi, and Ida Anbarian; Litigation Technology Specialists Joshua Ellen and Ron Royal; and former Assistant U.S. Attorneys Jonathan Haray, Bridget Fitzpatrick, James Smith, and David Johnson. Finally, they expressed appreciation for the work of Assistant U.S. Attorneys Matthew Graves and Michelle Zamarin, who prosecuted the case.
Foli's Place Proprietor Sentenced to Probation with Home Detention for Income Tax EvasionRead the Press Release
PITTSBURGH - A resident of North Braddock, Pa., has been sentenced in federal court to four years probation, including 12 months of home detention, and ordered to perform 200 hours of community service, on his conviction of income tax evasion, United States Attorney David J. Hickton announced today.
Senior United States District Judge Gustave Diamond imposed the sentence on Thomas G. Foglia.
According to information presented to the court, Foglia, the proprietor of Foli’s Place, admitted to keeping two sets of books for the purpose of understating his income on tax returns. This led to a total tax loss, due to false Forms 1040 filed by Foglia for the years 2005 through 2009, of $193,518.00.
Prior to imposing sentence, Judge Diamond stated that a non-jail sentence was appropriate since the tax evasion and defendant’s business were both relatively small, and he had used the latter to raise money for popular causes.
Assistant United States Attorney Leo M. Dillon prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Internal Revenue Service, Criminal Investigation, for the investigation leading to the successful prosecution of Foglia.
Florida Man Admits Conspiring to Sell Firearms Purported to belong to the Family of Saddam HusseinRead the Press Release
NEWARK, N.J. - A Miami, Florida, man today admitted trying to sell seven firearms believed to have belonged to the family of Saddam Hussein, U.S. Attorney Paul J. Fishman announced.
David Philip Ryan, 50, pleaded guilty before U.S. District Judge Katharine S. Hayden to Count One of an indictment charging him with conspiracy to transport stolen firearms.
According to documents filed in this case and statements made in court:
In April 2012, law enforcement received information that valuable firearms allegedly belonging to members of the family of the late Iraqi president Saddam Hussein were available for sale (Hussein Family Firearms). The Hussein Family Firearms were believed to be kept in Florida, and Ryan and others attempted to find a buyer for them. The firearms had been appraised at $250,000 to $350,000. Seven firearms were shipped to New Jersey for viewing by potential buyers.
Federal law enforcement officers seized the following firearms in the course of the investigation:
(1) One Coonan Arms Inc., .357 semi-automatic pistol, nickel finish, made in St. Paul, Minn., with gold inlay and a medallion AQS@ on left side grip (believed to be the initials of Qusay Saddam Hussein al-Tikriti, the second son of former Iraqi President Saddam Hussein);
(2) One Korth, .357 magnum revolver (six shot) stamped AMade in W. Germany Waffenfabrik Koth Ratzeburg/LBG,@ with gold inlay, black finish, wood grips, which displays a drawing of a wild boar;
(3) One Korth, .357 magnum, revolver (six shot) stamped AMade in W. Germany Waffenfabrik Koth Ratzeburg/LBG,@ with gold inlay, black finish, wood grips, which displays a drawing of a moose;
(4) One Chinese State Factories type 64 pistol, .32 caliber semi-auto pistol, black finish, with Yemen flag icon on both sides of grip and Arabic writing on the slide;
(5) Two Cosmi, 12 gauge shotguns, break top, single barrel;
(6) One Llama Semiautomatic .45 ACP pistol with gold leaf and gold inlays, hand engraved, bearing the initials AQ.S.@
The count to which Ryan pleaded guilty carries a maximum penalty of 5 years’ imprisonment and a fine of $250,000. Sentencing is scheduled for June 22, 2015.
Three other individuals, Carlos Quirola-Ordonez, Karlo Sauer and Howard Blumenthal, have pleaded guilty to their roles in this conspiracy. Blumenthal has been sentenced, and Quirola-Ordonez and Sauer are awaiting sentencing.
U.S. Attorney Fishman credited special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of George P. Belsky; and Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), Newark Division, under the direction of Acting Special Agent in Charge Kevin Kelly, with the investigation leading to today’s guilty plea.
The case is being prosecuted by Assistant U.S. Attorney Joyce M. Malliet of the National Security Unit in Newark.
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Defense Counsel: Michael V. Gilberti Esq., Florham Park, New Jersey
Ryan, David Indictment
Female Bank Robber Faces Federal ChargeRead the Press Release
LUBBOCK, Texas — Starlene Delacruz, 31, of Lubbock, Texas, has been charged in a federal complaint with robbing the Prosperity Bank on University Avenue in Lubbock on Friday, March 13, 2015, announced John Parker, Acting U.S. Attorney for the Northern District of Texas.
Delacruz, who is in custody, made her initial appearance in federal court this afternoon in Lubbock, before U.S. Magistrate Judge Nancy M. Koenig.
According to the complaint filed, on March 13, 2015, at approximately 10:30 a.m., the Prosperity Bank located at 8232 University Avenue in Lubbock was robbed by a female wearing a white knit shirt, blue jeans and sunglasses. The robber, later identified as Delacruz, approached one of the tellers and placed a straw woven purse on top of the counter. Delacruz then stated, “I don’t want to freak anybody out, but my dad is waiting and if we don’t fill this up with all your money, then there are bombs and this will all blow up.” In response, the teller placed funds from her till into Delacruz’s bag. Delacruz then left the bank.
Following the robbery, an image of the bank robber, taken from video surveillance at the bank, was released to the media. An employee of Damron Motorcycle Company, located on South Loop 289 in Lubbock saw the released image at approximately 4:45 p.m. that afternoon. At approximately 5:05 p.m., a woman entered the dealership, and an employee thought she matched the image of the individual who had robbed the bank that morning. The employee contacted the Lubbock Police Department who dispatched officers to the dealership, where Delacruz was arrested.
A federal complaint is a written statement of the essential facts of the offenses charged, and must be made under oath before a magistrate judge. A defendant is entitled to the presumption of innocence until proven guilty. If convicted of this offense, however, Delacruz faces a maximum statutory penalty of not more than 20 years in federal prison, and a $250,000 fine. The U.S. Attorney’s office has 30 days to present the matter to a grand jury for indictment.
The FBI and the Lubbock Police Department are investigating. Assistant U.S. Attorney Jeffrey Haag is in charge of the prosecution.
Federal Jury Finds Husband and Wife Guilty of Operating A Clinic to Defraud MedicareRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces that a federal jury has found Miami residents Gladys Fuertes (40) and her husband, Mario Fuertes (38), guilty of conspiracy to commit health care fraud, health care fraud, and obstructing a health care investigation. They are facing a maximum penalty of 10 years in federal prison on the conspiracy count and on each of the 10 health care fraud counts, and up to five years in federal prison on each of the two obstruction counts. Gladys Fuertes was also convicted of four counts of aggravated identity theft and faces a mandatory sentence of two years in prison for those charges. The sentencing hearing has been scheduled for June 23, 2015. Both individuals were indicted on March 13, 2014, and arrested in Miami on March 26, 2014.
According to evidence presented during the seven-day trial, Gladys and Mario Fuertes established and operated a sham clinic, Gables Medical and Therapy Center, for the purpose of committing health care fraud. They employed unlicensed medical professionals and misused the Medicare billing numbers of other medical professionals, without their knowledge, in order to claim that they had rendered medical treatment to Gables patients. The Fuerteses also paid a co-conspirator to recruit Medicare beneficiaries for Gables, and to drive patients to the clinic for basic and sham medical services.
Once recruited, Gladys and Mario Fuertes urged the Gables patients to enroll in Universal’s Medicare Part C and Part D plans. They believed that Universal paid a relatively high percentage of its claims. The Fuerteses fraudulently billed Universal and caused Universal’s Medicare Part C plan to be billed for Gables patients’ supposed treatments. The treatments included expensive HIV-related treatments that patients never actually received. Gladys and Mario Fuertes also billed Universal and caused Universal to be billed for services that required a physician’s presence when no licensed physician was present or rendered the service. The Fuerteses billed Universal in excess of $900,000.
The Fuerteses and their co-conspirators paid the Medicare beneficiaries, who were recruited to come to Gables for their Medicare identification numbers, to allow Gables to bill Universal for services that were never rendered. In addition, Gladys and Mario Fuertes facilitated the provision of fraudulent prescriptions for controlled substances, including oxycodone, to Gables patients. In some cases, the signatures on the prescriptions were forged. The patients who received these oxycodone prescriptions were assisted in filling them by a co-conspirator. The co-conspirator also purchased the pills from some of the patients and sold them on the street. These prescriptions were paid for as part of the beneficiaries’ Medicare Part D benefits.
Once they learned of the federal health care fraud investigation into their actions, the Fuerteses instructed Gables patients to lie to law enforcement agents and otherwise obstruct a federal investigation into health care fraud at the clinic. The Fuerteses also provided altered Medicare billing documentation to federal agents investigating their activities.
This case was investigated by the U.S. Department of Health and Human Services, Office of Inspector General and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys Mandy Riedel and Kelley Howard-Allen.
Since its inception in March 2007, the Medicare Strike Force, now operating in nine cities across the country, has charged more than 1,900 defendants who have collectively billed the Medicare Program for more than $6 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Team (HEAT), go to: http://www.stopmedicarefraud.gov/.
Federal Jury Convicts Colorado Man for Marijuana ConspiracyRead the Press Release
Jacksonville, Florida – U.S. Attorney A. Lee Bentley, III announces that a federal jury today convicted Gavin Harrill (45, Denver, Colorado) of conspiracy to cultivate and distribute marijuana. He faces a maximum penalty of 20 years’ imprisonment and a $1 million fine. A sentencing date has not yet been set.
According to testimony presented at trial, in late 2010, Harrill sold approximately 900 marijuana plants to a Jacksonville resident for distribution in Jacksonville Beach. The plants, with an approximate value of $1 million, were seized in Colorado grow houses by law enforcement officials prior to being delivered to Florida.
This conspiracy to distribute marijuana involved nine other individuals. They have also been convicted in federal court for their roles in this case. The conspiracy lasted from March 2010 to September 2011, and involved the purchase and transportation of hundreds of pounds of marijuana from California and Colorado to Florida.
This case was investigated by the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Jay Taylor.
Duval County Man Sentenced to Prison for Drug Offense at JAXPORTRead the Press Release
Jacksonville, Florida – Senior U.S. District Judge Harvey E. Schlesinger today sentenced Bobby Lee Smith (48, Jacksonville) to 96 months in federal prison for attempting to possess with intent to distribute cocaine. He pleaded guilty on October 31, 2014.
According to court documents, in 2012, Smith applied for and subsequently received a Transportation Security Administration (TSA) Transportation Worker Identification Credential (TWIC) card. The TWIC card allowed Smith to have unescorted access to various parts of the JAXPORT facility in Jacksonville. It also allowed him to escort individuals on and off JAXPORT.
Between January and early March 2014, a law enforcement officer acting in an undercover capacity (UC) conducted a series of meetings and recorded phone calls with Smith regarding drugs coming through JAXPORT. During these conversations, Smith stated that he could get anything on or off JAXPORT’s Blount Island Terminal.
On March 7, 2014, Smith agreed to meet with the UC’s partner at the Blount Island Terminal. Smith agreed to pick up a package containing five kilograms of cocaine and then deliver it to the UC. Later that day, Smith went to the JAXPORT Blount Island Terminal and, using his TWIC card, proceeded to the area where the UC’s partner was waiting. Smith then met with the UC’s partner and took possession of a package he believed contained the cocaine. Upon exiting the terminal, Smith headed in the opposite direction of the predetermined meeting site with the UC. Smith then examined the contents of the package and wrapped the purported cocaine in a t-shirt. During a subsequent traffic stop by law enforcement, the package of fake cocaine was recovered from the front passenger floorboard where Smith was seated.
This case was investigated by U.S. Immigrationa and Customs Enforcement's Homeland Security Investigations, U.S. Customs and Border Protection Air / Marine Branch, Coast Guard Investigative Service, and the Jacksonville Sheriff’s Office. It was prosecuted by Assistant United States Attorney Kevin C. Frein.
District Man Sentenced to Four Years in Prison for Robbing Man at Bus StopRead the Press Release
WASHINGTON – Lance Applewhite, 33, of Washington, D.C., was sentenced today to four years of incarceration for robbing a man in broad daylight at a bus stop in Northwest Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Applewhite was found guilty in January 2015 by a jury of a robbery charge, following a trial in the Superior Court of the District of Columbia. The Honorable Zoe Bush sentenced him today to a total of 15 years in prison, but suspended all but four years of that time on the condition that he successfully complete probation. Following his prison term, Applewhite will be placed on three years of supervised release.
According to the government’s evidence, on the afternoon of Sept. 17, 2014, the victim was on his way home from work and was making a purchase of food at a convenience store at 14th Street and Columbia Road NW. The victim had about $200 in cash in his wallet, and Applewhite was standing next to him as he took out money to pay for the purchase and received his change. Applewhite followed the victim out of the store, and went directly to the bus stop where the victim began waiting. At that point, Applewhite took out a knife and threatened to kill the victim if he did not turn over his money and cell phone.
The victim complied, and Applewhite ran away. The victim quickly flagged down a passer-by so that he could call police and report the robbery. Police reviewed surveillance footage from the convenience store, leading to Applewhite’s arrest.
In announcing the sentence, U.S. Attorney Machen commended the work of those who investigated the case from the Metropolitan Police Department. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Michael Marando, who assisted in the investigation; Paralegal Specialist Shirrel Jackson, and Litigation Technology Specialists Anisha Bhatia and Leif Hickling. Finally, he expressed appreciation for the work of Assistant U.S. Attorney Marco A. Palmieri, who investigated and prosecuted the case.
Corrections Officer Sentenced to 18 Months in Prison for Accepting Cash BribesRead the Press Release
TRENTON, N.J. – An Essex County corrections officer was sentenced today to 18 months in prison for his involvement in a scheme to smuggle marijuana, cell phones and tobacco into the Essex County Correctional Facility, a federal pretrial detention facility, in exchange for cash bribe payments, U.S. Attorney Paul J. Fishman announced.
Stephon Solomon, 27, of Irvington, New Jersey, previously pleaded guilty before U.S. District Judge Mary L. Cooper in Trenton federal court to an information charging him with one count of conspiring to commit extortion under color of official right. Judge Cooper imposed the sentence today in Trenton federal court.
According to the documents filed in this and other cases and statements made in court:
On multiple occasions between October 2013 and May 2014, Solomon, a corrections officer at the Essex County Correctional Facility, smuggled contraband – including cell phones, tobacco, and marijuana – to Quasim Nichols, 29, a federal pretrial detainee, in exchange for cash bribes. Darsell Davis, 29, and Dwayne Harper, 30, friends of Nichols, aided in the smuggling scheme by collecting the contraband to be smuggled into the facility. Solomon received the contraband and cash bribes from Davis and then smuggled the contraband to Nichols, who ultimately sold some of the marijuana and cell phones to other inmates. The inmates purchasing marijuana and cell phones from Nichols had their friends and family pay for the items by sending Western Union money transfers to Nichols, who enlisted Davis and others to retrieve those payments for him.
In addition to the prison term, Judge Cooper sentenced Solomon to three years of supervised release.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Richard M. Frankel in Newark, and investigators with the Internal Affairs Division of Essex County Correctional Facility, under the leadership of Warden Roy Hendricks, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorneys Rahul Agarwal of the U.S. Attorney’s Office Special Prosecutions Division and Rob Frazer of the Criminal Division, Organized Crime/Gangs Unit, in Newark.
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Defense counsel: Jason Orlando Esq., Jersey City, N.J.Connecticut Man Sentenced on Gambling ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Mark Ruff, 40, of Connecticut, who was convicted of conducting an illegal gambling business and conspiracy to commit money laundering, was sentenced to nine years n prison and three years supervised release by Chief U.S. District Judge Frank P. Geraci, Jr. Ruff was also ordered to forfeit $230,000.Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that Mark Ruff conducted an illegal gambling business with his brother Joseph Ruff, 32, and Paul Borrelli, 67, both of Rochester. The gambling operation involved sports betting through multiple offshore internet gambling websites. Mark Ruff also conspired with Joseph Ruff and others to launder $230,000 in illegal gambling proceeds. Ruff transferred the gambling proceeds from Rochester to an associate in Connecticut to conceal their source by depositing proceeds into a credit line and making subsequent cash withdrawals and writing checks from the credit line for Mark Ruff and Joseph Ruff. Those checks included $40,000 to a local country club for Joseph Ruff which the federal government seized on August 11, 2014.
On June 24, 2014, the defendant was indicted by a federal grand jury along with Joseph Ruff and Paul Borrelli. Joseph Ruff was convicted and is awaiting sentencing on April 15, 2015. The charges against Paul Borrelli are pending. 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.
The sentencing is the culmination of an investigation conducted by the Organized Crime Drug Enforcement Task Force, which included the Federal Bureau of Investigation, Internal Revenue Service, under the direction of Shantelle P. Kitchen, Special Agent in Charge, New York Field Office, Rochester Police Department, under the direction of Chief Michael Ciminelli, Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division, Greece Police Department, under the direction of Chief Patrick Phelan, the Webster Police Department, under the direction of Chief Gerald Pickering, and Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley.
Colombian National Charged with Smuggling Stolen Firearms from Atlanta to Medellin-Based Drug CartelRead the Press Release
ATLANTA - David Andres Perez-Pelaez, a/k/a Andres Zapata has been arraigned on federal charges of unlawfully exporting firearms and fraudulently shipping firearms to Medellin, Colombia, and possessing and disposing of stolen firearms, including a handgun stolen from the Clayton County Police Department. Perez-Pelaez was indicted by a federal grand jury on March 10, 2015.
“Illegal gun trafficking is a major problem in Georgia, but what makes this case even worse is that the defendant is alleged to have shipped stolen guns to Medellin Cartel members in Colombia,” said Acting U.S. Attorney John Horn. “Colombian cartels don’t need more guns to promote their violent activities, and we at home don’t need a market to reward gun thieves for adding dangerous weapons to the drug trade. This defendant is alleged to have done both.”
“This arrest is a result of the collaborative efforts of ATF and our American and International law enforcement partners to protect communities from violent criminal organizations,” said ATF Special Agent in Charge Carl Walker. “During the course of this two year investigation, we utilized every available resource to eradicate firearms violence which threatens citizens both domestically and internationally.”
“This investigation and the charges being brought are excellent examples of law enforcement agencies working together to target firearms smuggling around the world,” said Douglas Hassebrock, Director of the Department of Commerce's Office of Export Enforcement.
“The illegal export of firearms from the United States to violent criminal organizations creates significant public safety hazards throughout the world,” said Acting Special Agent in Charge Ryan L. Spradlin from ICE Homeland Security Investigations in Atlanta. “With this arrest, American and Colombian law enforcement agencies worked together to identify and seal off an alleged source of weapons for these dangerous criminals.”
According to Acting U.S. Attorney Horn, the charges, and other information presented in court: On March 1, 2013, Colombian Direccion de Antinarcoticos (DIRAN) personnel intercepted a package sent from Marietta, Georgia, destined for Medellin, Colombia, at the El Dorado International Airport in Bogota, Colombia. The package contained three disassembled firearms—two .40 caliber Glock pistols and a 9mm Taurus pistol—as well as five pistol magazines and a variety of ammunition, all concealed inside a piece of equipment. One of the Glock pistols was stamped as property of the Clayton County, Georgia, Police Department, and had been reported stolen. The other Glock pistol, also reported stolen, traced back to a seller and purchaser in Milledgeville, Georgia. The Taurus pistol had been reported stolen from a gun shop in Marietta, Georgia. The firearms and ammunition were not declared on customs or shipping labels, in violation of both U.S. and Colombian law, and the intended recipient was not a licensed firearm dealer.
Subsequent investigation by American and Colombian authorities revealed that the package had been sent, under the alias “Andres Zapata,” by the defendant, David Andres Perez-Pelaez, and was destined for individuals connected to the La Oficina de Envigado drug cartel, operating out of the Colombian cities of Medellin and Envigado. La Oficina de Envigado is known to be involved in international drug trafficking, extortion, and the collection of payments for criminal organizations in Antioquia, Colombia.
The investigation revealed that Perez-Pelaez started smuggling firearms to Colombia in June 2011, and continued through 2013. Perez-Pelaez hid the firearms and ammunition in everyday objects, such as garage door openers, and shipped them—without a truthful declaration of contents—via the freight carriers to Colombia. The defendant initially acquired these firearms from licensed firearms dealers and gun shows, but eventually started buying stolen firearms from the secondary market, so as to avoid detection. The defendant illegally shipped approximately 15 firearms in total, including 5.56 caliber rifles, 9mm and .40 caliber semiautomatic pistols, and other firearms and ammunition. Perez-Pelaez would receive payment from his Colombian buyers via Western Union, and would make up to $3,500 profit per rifle, and up to $2,000 per pistol.
David Andres Perez-Pelaez, a/k/a Andres Zapata, 30, a Colombian national living in Marietta, Georgia, was arraigned before U.S. Magistrate Court Judge Janet F. King on Tuesday, March 24, 2015.
Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Bureau of Industry and Security’s Office of Export Enforcement, and the Department of Homeland Security, Homeland Security Investigations, with assistance from Colombian authorities, including Direccion de Antinarcoticos, and Unidad Nacional de Fiscalias Contra el Terrorismo.
Assistant United States Attorneys Tracia M. King and John S. Ghose are prosecuting 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/.
Cleveland man sentenced to 15 years in prison for firearms convictionRead the Press Release
A Cleveland man was sentenced to 15 years in federal prison today for illegally having a firearm, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio, Cleveland Police Chief Calvin D. Williams and ATF Special Agent in Charge Donald Soranno.
Malcolm L. Hoyle, 27, pleaded guilty last year to one count of being a felon in possession of a firearm and ammunition.
Hoyle possessed a .40-caliber pistol and ammunition on July 8, 2014, despite convictions in the Cuyahoga County Court of Common Pleas for involuntary manslaughter (2003), felonious assault (2005), two convictions for trafficking (both 2008) and attempted failure to comply (2009), according to court documents.
“We will continue to prosecute the worst of the worst, violent offenders who are prohibited from having firearms but carry them anyway,” Dettelbach said. “The Cleveland Division of Police and ATF are to be commended for getting a violent criminal off the street.”
“The Cleveland Division of Police in partnership with the U.S. Attorney's Office work diligently to protect the public from violent offenders,” Williams said. “It is imperative that the resulting cases are prosecuted to the fullest, as in this case, where together we will take a career criminal off of our streets for a substantial time.”
“I would like to recognize the dedicated work of the Cleveland Division of Police on this case,” Soranno said. “Cooperation with our law enforcement partners acts as a multiplier in our efforts to remove violent criminals from the streets and make our communities safer.”
This case is being prosecuted by Assistant U.S. Attorney Kelly L. Galvin following an investigation by the Cleveland Division of Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Claycomo Woman Sentenced for $5 Million Mortgage Fraud SchemeRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Claycomo, Mo., woman who operated a real estate business was sentenced in federal court today for her role in a $5 million mortgage fraud scheme.
Teresa Jean Whitten, 41, of Claycomo, was sentenced by U.S. District Judge Dean Whipple to six years in federal prison without parole. The court also ordered Whitten to pay $1,527,607 in restitution.
On Nov. 21, 2013, Whitten pleaded guilty to wire fraud, money laundering and theft of government money.
Whitten was doing business under the name Leadership to Homeownership. Whitten engaged in a mortgage fraud scheme from early to mid-2007 through Feb. 23, 2009, in which mortgage lenders loaned borrowers approximately $5,088,224. Whitten obtained in excess of $400,000 from the loan proceeds.
Whitten solicited potential buyers by advertisements, flyers, a Web site, and other means, claiming that she had a program through which people could purchase houses without putting money down and could qualify and obtain mortgage loans for which they would not otherwise qualify. Whitten’s scheme relied on false and fraudulent loan applications and supporting documents. The false and fraudulent representations and omissions included borrowers’ income, employment, assets, liabilities and intent to occupy the property as their primary residence.
Loan applications falsely claimed the borrowers were making a down payment and were bringing money to closing, when in fact the funds were supplied by Whitten. As part of the scheme, Whitten gave cash to borrowers so they could obtain cashier’s checks from their banks to take to closings. From the loan proceeds, after closing Whitten received funds both for her fee and reimbursement for the funds she advanced, none of which was disclosed to the lenders.
In addition to the mortgage fraud scheme, Whitten engaged in a Social Security fraud scheme. Whitten received $78,964 in disability insurance benefits and auxiliary payments for her children to which she was not entitled, as well as a $250 Recovery Act payment, for a total of $79,214. Whitten concealed from the Social Security Administration that she was working in real estate, doing business as Leadership to Homeownership and earning income and money as a result of that work. She concealed her income and earnings for the purpose of obtaining federally-funded benefits she knew she was not eligible to receive
This case was prosecuted by Assistant U.S. Attorney Kathleen D. Mahoney. It was investigated by IRS-Criminal Investigation, HUD – Office of Inspector General, the Social Security Administration – Office of Inspector General and the FBI.
Cedar Hill Man Sentenced to 72 Months in Federal Prison on Child Pornography ConvictionRead the Press Release
DALLAS — A 32-year-old Cedar Hill, Texas man, Michael Stratton, who pleaded guilty in June 2014 to an Information charging one count of receipt of child pornography, was sentenced this morning by U.S. District Judge Ed Kinkeade to 72 months in federal prison. The announcement was made today by John Parker, Acting U.S. Attorney for the Northern District of Texas.
Stratton was ordered to surrender to the Bureau of Prisons on April 22, 2015.
According to documents filed in the case, the investigation began in October 2013 while a detective with the Sherman, Texas, Police Department was investigating individuals using a specific file-sharing program and the internet to receive and distribute child pornography. The investigation linked Stratton to a computer that had made available to share images and videos of child pornography. Special agents with U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) executed a search warrant at Stratton’s home and seized a laptop computer, camera, hard drives and a thumb drive.
Stratton admitted that he had been using the file-sharing network to view and download images and videos of child pornography since 2009. He further admitted that his collection was mostly of prepubescent children.
An analysis revealed more than 180 videos and 20 images of child pornography on Stratton’s computer, hard drives and thumb drive. Included in the collection were nine videos of sado-masochistic conduct and at least one depicting infants or toddlers.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about Internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
ICE HSI and the Sherman Police Department investigated the case. Assistant U.S. Attorney Camille Sparks prosecuted.
Canadian Antiques Dealer Sentenced to 30 Months in Prison for Smuggling Rhinoceros Horns, Elephant Ivory and CoralRead the Press Release
“Wildlife smuggling is a transnational crime that knows no borders and requires an international response,” said Assistant Attorney General Cruden. “Cooperation between the United States and Canadian law enforcement was crucial to cracking this case. The United States greatly appreciates the assistance of Environment Canada in bringing Guan to justice. International law enforcement collaboration is essential if we are to prevent elephant and rhino species from being extinguished in our own lifetime.”
“Trafficking in rhinoceros horns and elephant ivory poses a literally existential threat to these endangered or vulnerable species, who die a cruel, pointless death due to greed,” said U.S. Attorney Bharara. “These living creatures are not among us as a source of wanton plunder. Without strict enforcement of international agreements and U.S. laws, these extraordinary animals may disappear from the face of the earth. Tony Guan has learned the price of putting profit over the prolonged existence of rhinos and elephants.”
“The illegal trade in rhinoceros horns is the number one threat to many populations of African rhinos, and is driving the species towards extinction,” said U.S. Fish and Wildlife Director Dan Ashe. “The wholesale slaughter of these magnificent animals in the wild is taking place so a few callous individuals can line their own pockets. But global law enforcement cooperation through avenues such as the Fish and Wildlife Service’s Operation Crash is bringing people like Guan to justice, and we thank our Canadian and other international partners for the critical role they play in cases such as this. Together we will end the scourge of rhino horn and other wildlife trafficking.”
“The successful outcome of this investigation, and the ongoing success of Operation Crash, is another example of the strong collaboration that exists between Environment Canada’s Enforcement Branch, the U.S. Fish and Wildlife Service, and our partners in conservation enforcement agencies across Canada and the United States,” said Chief Enforcement Officer Gord Owen of Environment Canada.
Calling it “a very serious offense” Judge Swain said that Guan “helped to feed a hot market for these goods" and further stated that the defendant's conduct “feeds demand for the slaughter of rare and already endangered species.”
According to the indictment, other documents filed in federal court and statements made at various proceedings in this case, including today’s sentencing:
Guan was arrested in March 2014, as part of “Operation Crash,” a nationwide crackdown on the illegal trafficking in rhinoceros horns, for Guan’s role in smuggling and attempting to smuggle rhinoceros horns, as well as items carved from elephant ivory and coral, from auction houses throughout the United States to Canada.
Guan, the president and owner of Bao Antiques in Richmond, British Columbia, was arrested after flying from Vancouver, Canada, to New York City and purchasing two endangered black rhinoceros horns from undercover special agents with the U.S. Fish and Wildlife Service at a storage facility in the Bronx, New York. After purchasing the horns, Guan had the undercover agents drive him and a female accomplice acting as his interpreter to a nearby express mail store where he mailed the horns to an address in Point Roberts, Washington, less than a mile from the Canadian border and 17 miles from his business. Guan falsely labeled the box of black rhinoceros horns as containing “handicrafts.” Guan indicated that he had people who could drive the horns across the border and that he had done so many times before.
At the same time Guan was arrested in the United States, Canadian authorities executed a search warrant at his antique business in Richmond. Canadian law enforcement seized various wildlife objects from the business, nine of which have been positively identified as wildlife objects purchased in the United States via a New York City-based internet auction business. These items, made from elephant ivory and coral, were smuggled out of the Unites States and into Canada without the required declaration or Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) permits. Some were shipped directly to Canada and others were sent, at Guan’s direction, to addresses near the U.S./Canadian border in Point Roberts. Guan also recruited college-age family members and acquaintances to assist him with smuggling the wildlife items. Photos of some of the smuggled wildlife artifacts are enclosed. In addition, during the search of Guan’s business, Canadian law enforcement also discovered illegal narcotics, including approximately 50,000 ecstasy pills.
The rhinoceros is an herbivore species of prehistoric origin and one of the largest remaining mega-fauna on earth. They have no known predators other than humans. All species of rhinoceros are protected under U.S. and international law. Since 1976, trade in rhinoceros horn has been regulated under CITES, a treaty signed by over 170 countries around the world to protect fish, wildlife and plants that are or may become imperiled due to the demands of international markets. Rhinoceros are also protected under the U.S. Endangered Species Act which further regulates trade and transport.
Operation Crash is a continuing investigation by the Department of the Interior’s Fish and Wildlife Service, in coordination with the Department of Justice. A “crash” is the term for a herd of rhinoceros. Operation Crash is an ongoing effort to detect, deter and prosecute those engaged in the illegal killing of rhinoceros and the unlawful trafficking of rhinoceros horns.
The case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorney Janis M. Echenberg of the Southern District of New York and Senior Litigation Counsel Richard A. Udell with the Environmental Crimes Section of the Department of Justice are in charge of the prosecution.
Canadian Antiques Dealer Sentenced in Manhattan Federal Court to 30 Months in Prison for Smuggling Rhinoceros Horns, Elephant Ivory, and CoralRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, John C. Cruden, the Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice, and Dan Ashe, the U.S. Fish and Wildlife Director, announced that XIAO JU GUAN, a/k/a “Tony Guan,” 39, of Richmond, British Columbia, was sentenced today in Manhattan federal court to 30 months in prison for smuggling rhinoceros horns, elephant ivory, and coral from the United States to Canada. In addition to the prison term, Judge Swain ordered Guan to forfeit wildlife items found during a search of his Canadian antiques business.
Manhattan U.S. Attorney Preet Bharara said: “Trafficking in rhinoceros horns and elephant ivory poses a literally existential threat to these endangered or vulnerable species, who die a cruel, pointless death due to greed. These living creatures are not among us as a source of wanton plunder. Without strict enforcement of international agreements and U.S. laws, these extraordinary animals may disappear from the face of the earth. Tony Guan has learned the price of putting profit over the prolonged existence of rhinos and elephants.”
Assistant Attorney General John C. Cruden said: “Wildlife smuggling is a transnational crime that knows no borders and requires an international response. Cooperation between the United States and Canadian law enforcement was crucial to cracking this case. The United States greatly appreciates the assistance of Environment Canada in bringing Guan to justice. International law enforcement collaboration is essential if we are to prevent elephant and rhino species from being extinguished in our own lifetime.”
U.S. Fish and Wildlife Director Dan Ashe said: “The illegal trade in rhinoceros horn is the number one threat to many populations of African rhinos, and is driving the species towards extinction. The wholesale slaughter of these magnificent animals in the wild is taking place so a few callous individuals can line their own pockets. But global law enforcement cooperation through avenues such as the Fish and Wildlife Service’s Operation Crash is bringing people like Guan to justice, and we thank our Canadian and other international partners for the critical role they play in cases such as this. Together we will end the scourge of rhino horn and other wildlife trafficking.”
“The successful outcome of this investigation, and the ongoing success of Operation Crash, is another example of the strong collaboration that exists between Environment Canada’s Enforcement Branch, the U.S. Fish and Wildlife Service, and our partners in conservation enforcement agencies across Canada and the United States,” said Gord Owen, Chief Enforcement Officer, Environment Canada.
Calling it "a very serious offense," Judge Swain said that Guan "helped to feed a hot market for these goods" and further stated that the defendant's conduct "feeds demand for the slaughter of rare and already endangered species."
According to the Indictment, other documents filed in Manhattan federal court, and statements made at various proceedings in this case, including today’s sentencing:
GUAN was arrested in March 2014 as part of “Operation Crash,” a nationwide crackdown on the illegal trafficking in rhinoceros horns, for GUAN’s role in smuggling and attempting to smuggle rhinoceros horns, as well as items carved from elephant ivory and coral, from auction houses throughout the United States to Canada.
GUAN, the president and owner of Bao Antiques in Richmond, British Columbia, was arrested after flying from Vancouver to New York and purchasing two endangered black rhinoceros horns from undercover special agents with the U.S. Fish and Wildlife Service at a storage facility in the Bronx. After purchasing the horns, GUAN had the undercover agents drive him and a female accomplice acting as his interpreter to a nearby express mail store where he mailed the horns to an address in Point Roberts, Washington, less than a mile from the Canadian border and 17 miles from his business. GUAN falsely labeled the box of black rhinoceros horns as containing “handicrafts.” GUAN indicated that he had people who could drive the horns across the border and that he had done so many times before.
At the same time GUAN was arrested in the United States, Canadian authorities executed a search warrant at his antique business in Richmond, B.C. Canadian law enforcement officers seized various wildlife objects from the business, nine of which have been positively identified as wildlife objects purchased in the U.S. via a Manhattan-based internet auction business. These items, made from elephant ivory and coral, were smuggled out of the U.S. and into Canada without the required declaration or permits under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (“CITES”). Some were shipped directly to Canada and others were sent, at GUAN’s direction, to addresses near the U.S./Canadian border in Point Roberts, Washington. GUAN also recruited college-age family members and acquaintances to assist him with smuggling the wildlife items. Photos of some of the smuggled wildlife artifacts are enclosed. In addition, during the search of GUAN’s business, Canadian law enforcement also discovered illegal narcotics, including approximately 50,000 ecstasy pills.
The rhinoceros is an herbivore species of prehistoric origin and one of the largest remaining mega-fauna on earth. They have no known predators other than humans. All species of rhinoceros are protected under U.S. and international law. Since 1976, trade in rhinoceros horn has been regulated under CITES, a treaty signed by over 170 countries around the world to protect fish, wildlife, and plants that are or may become imperiled due to the demands of international markets. Rhinoceros are also protected under the U.S. Endangered Species Act which further regulates trade and transport.
Operation Crash is a continuing investigation by the Department of the Interior’s Fish and Wildlife Service, in coordination with the Department of Justice. A “crash” is the term for a herd of rhinoceros. Operation Crash is an ongoing effort to detect, deter, and prosecute those engaged in the illegal killing of rhinoceros and the unlawful trafficking of rhinoceros horns.
* * *
Mr. Bharara commended the U.S. Fish and Wildlife Service for its outstanding work in this investigation. He also thanked the Department of Justice’s Environment and Natural Resources Division, and Canada’s Wildlife Enforcement Directorate.
The case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant United States Attorney Janis M. Echenberg and Senior Litigation Counsel Richard A. Udell with the Environmental Crimes Section of the Department of Justice are in charge of the prosecution.
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Canadian Antiques Dealer Sentenced in Manhattan Federal Court to 30 Months in Prison for Smuggling Rhinoceros Horns, Elephant Ivory, and CoralRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, John C. Cruden, the Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice, and Dan Ashe, the U.S. Fish and Wildlife Director, announced that XIAO JU GUAN, a/k/a “Tony Guan,” 39, of Richmond, British Columbia, was sentenced today in Manhattan federal court to 30 months in prison for smuggling rhinoceros horns, elephant ivory, and coral from the United States to Canada. In addition to the prison term, Judge Swain ordered Guan to forfeit wildlife items found during a search of his Canadian antiques business.
Manhattan U.S. Attorney Preet Bharara said: “Trafficking in rhinoceros horns and elephant ivory poses a literally existential threat to these endangered or vulnerable species, who die a cruel, pointless death due to greed. These living creatures are not among us as a source of wanton plunder. Without strict enforcement of international agreements and U.S. laws, these extraordinary animals may disappear from the face of the earth. Tony Guan has learned the price of putting profit over the prolonged existence of rhinos and elephants.”
Assistant Attorney General John C. Cruden said: “Wildlife smuggling is a transnational crime that knows no borders and requires an international response. Cooperation between the United States and Canadian law enforcement was crucial to cracking this case. The United States greatly appreciates the assistance of Environment Canada in bringing Guan to justice. International law enforcement collaboration is essential if we are to prevent elephant and rhino species from being extinguished in our own lifetime.”
U.S. Fish and Wildlife Director Dan Ashe said: “The illegal trade in rhinoceros horn is the number one threat to many populations of African rhinos, and is driving the species towards extinction. The wholesale slaughter of these magnificent animals in the wild is taking place so a few callous individuals can line their own pockets. But global law enforcement cooperation through avenues such as the Fish and Wildlife Service’s Operation Crash is bringing people like Guan to justice, and we thank our Canadian and other international partners for the critical role they play in cases such as this. Together we will end the scourge of rhino horn and other wildlife trafficking.”
“The successful outcome of this investigation, and the ongoing success of Operation Crash, is another example of the strong collaboration that exists between Environment Canada’s Enforcement Branch, the U.S. Fish and Wildlife Service, and our partners in conservation enforcement agencies across Canada and the United States,” said Gord Owen, Chief Enforcement Officer, Environment Canada.
Calling it "a very serious offense," Judge Swain said that Guan "helped to feed a hot market for these goods" and further stated that the defendant's conduct "feeds demand for the slaughter of rare and already endangered species."
According to the Indictment, other documents filed in Manhattan federal court, and statements made at various proceedings in this case, including today’s sentencing:
GUAN was arrested in March 2014 as part of “Operation Crash,” a nationwide crackdown on the illegal trafficking in rhinoceros horns, for GUAN’s role in smuggling and attempting to smuggle rhinoceros horns, as well as items carved from elephant ivory and coral, from auction houses throughout the United States to Canada.
GUAN, the president and owner of Bao Antiques in Richmond, British Columbia, was arrested after flying from Vancouver to New York and purchasing two endangered black rhinoceros horns from undercover special agents with the U.S. Fish and Wildlife Service at a storage facility in the Bronx. After purchasing the horns, GUAN had the undercover agents drive him and a female accomplice acting as his interpreter to a nearby express mail store where he mailed the horns to an address in Point Roberts, Washington, less than a mile from the Canadian border and 17 miles from his business. GUAN falsely labeled the box of black rhinoceros horns as containing “handicrafts.” GUAN indicated that he had people who could drive the horns across the border and that he had done so many times before.
At the same time GUAN was arrested in the United States, Canadian authorities executed a search warrant at his antique business in Richmond, B.C. Canadian law enforcement officers seized various wildlife objects from the business, nine of which have been positively identified as wildlife objects purchased in the U.S. via a Manhattan-based internet auction business. These items, made from elephant ivory and coral, were smuggled out of the U.S. and into Canada without the required declaration or permits under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (“CITES”). Some were shipped directly to Canada and others were sent, at GUAN’s direction, to addresses near the U.S./Canadian border in Point Roberts, Washington. GUAN also recruited college-age family members and acquaintances to assist him with smuggling the wildlife items. Photos of some of the smuggled wildlife artifacts are enclosed. In addition, during the search of GUAN’s business, Canadian law enforcement also discovered illegal narcotics, including approximately 50,000 ecstasy pills.
The rhinoceros is an herbivore species of prehistoric origin and one of the largest remaining mega-fauna on earth. They have no known predators other than humans. All species of rhinoceros are protected under U.S. and international law. Since 1976, trade in rhinoceros horn has been regulated under CITES, a treaty signed by over 170 countries around the world to protect fish, wildlife, and plants that are or may become imperiled due to the demands of international markets. Rhinoceros are also protected under the U.S. Endangered Species Act which further regulates trade and transport.
Operation Crash is a continuing investigation by the Department of the Interior’s Fish and Wildlife Service, in coordination with the Department of Justice. A “crash” is the term for a herd of rhinoceros. Operation Crash is an ongoing effort to detect, deter, and prosecute those engaged in the illegal killing of rhinoceros and the unlawful trafficking of rhinoceros horns.
Mr. Bharara commended the U.S. Fish and Wildlife Service for its outstanding work in this investigation. He also thanked the Department of Justice’s Environment and Natural Resources Division, and Canada’s Wildlife Enforcement Directorate.
The case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant United States Attorney Janis M. Echenberg and Senior Litigation Counsel Richard A. Udell with the Environmental Crimes Section of the Department of Justice are in charge of the prosecution.
California Man Sentenced to Prison for Possessing Methamphetamine and A Gun in Wayne CountyRead the Press Release
Thomas Gregory Lilley, 36, of Fontana, California, was sentenced today in United States District Court in Benton to 14 years in prison for possessing with intent to distribute ½ ounce of highly pure methamphetamine (commonly known as "crystal" or "ice") and possessing a firearm in relation to a drug trafficking crime, announced Stephen R. Wigginton, United States Attorney for the Southern District of Illinois.
Evidence introduced in support of the guilty plea and sentence showed that in April 2014, Lilley followed his estranged wife from California to Wayne County where she had obtained a restraining order against him. Lilley violated that restraining order on April 23
rd and upon his arrest by the Wayne County Sheriff’s Department he was found to be in possession of ½ ounce of methamphetamine and a loaded 7.65 mm caliber pistol. The methamphetamine was concealed in the wheel well of his car and the firearm was hidden in the vehicle’s air breather. Lilley admitted that he brought the methamphetamine from California intending to sell it to others and that he possessed the firearm for protection. Laboratory tests conducted by the United States Drug Enforcement Administration showed that the methamphetamine was 100% pure.
In addition to the 14 year prison sentence, Lilley was ordered to pay fines and special assessments totaling $400 to the United States, was placed on a 3 year term of supervised release to follow his incarceration, and was ordered to forfeit the firearm to the United States for destruction. Following his sentencing, Lilley was returned to the custody of the United States Marshal, where has been held without bond since his arrest on the federal charges in May, to await designation to a Federal Bureau of Prisons facility.
The case was investigated by the Carmi office of the Southern Illinois Drug Task Force and the Wayne County Sheriff’s Department, with the assistance of the DEA. The case was prosecuted by Assistant United States Attorney James M. Cutchin.
Buffalo Woman Sentenced for Wire FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Destinee McBride, 24, of Buffalo, NY, who was convicted of wire fraud affecting a financial institution, was sentenced to six months home detention and two years supervised release by Senior U.S. District Judge William M. Skretny. The defendant was also ordered to pay restitution totaling $59,077.Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that the defendant was part of a scheme to defraud the government by obtaining money from the filing of false tax returns. McBride received the proceeds from one of the fraudulent tax returns which was filed with the Internal Revenue Service and for which the refund was placed on a prepaid debit card. The defendant used that card to obtain cash from an ATM and merchandise from private businesses. As a result of the scheme, losses to the Internal Revenue Service totaled $534,782.00.
This case is the culmination of an investigation on the part of the Special Agents of the Internal Revenue Service, Criminal investigation Division under the direction of Special Agent in Charge Shantelle P. Kitchen, and the United States Postal Inspection Service, under the direction of Shelly Binkowski, Inspector in Charge, Boston Division.
Buffalo Man Pleads Guilty to Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr., announced today that Renwick Samuel, 50, of Buffalo, NY, pleaded guilty before Senior U.S. District Judge William M. Skretny, to conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, a fine of $10,000,000.00, or both.Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that between 2006 and December 2012, the defendant conspired with three co-defendants to possess and distribute cocaine in Buffalo. Samuel was arrested in December 2012 along with Angel Gonzalez and Mica Donadelle. Another co-defendant, Kevin Liburd, was arrested in 2014 in the Virgin Islands and extradited to the Western District of New York. Gonzales was convicted and is awaiting sentencing. Charges are pending against Liburd and Donadelle. 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.
The plea is the culmination of an investigation on the part of the Safe Streets Task Force of the Federal Bureau of Investigation.
Sentencing is scheduled for July 15, 2015 at 9:00 a.m. before Judge Skretny.
Armed Drug Trafficker Pleads GuiltyRead the Press Release
PROVIDENCE, R.I. – Kevin Bates, 38, of Attleboro, Mass., pleaded guilty in federal court in Providence on Tuesday to being an armed drug trafficker, and faces statutory penalties of up to life in federal prison when he is sentenced in June, announced United States Attorney Peter F. Neronha and Providence Police Chief Colonel Hugh T. Clements, Jr.
Bates was arrested by Providence Police in October 2013, after a routine traffic stop resulted in the discovery of nearly 245 grams of cocaine and a loaded firearm in Bates’ vehicle.
According to court documents, shortly after midnight on October 19, 2013, Providence police, who had increased patrols on the East Side because of a spate of thefts, saw a car slowly circling in the area. The car repeatedly failed to indicate its turns with a turn light or signal. Due to the traffic violations and the late night circling in the residential neighborhood, police stopped the car. As detectives approached the car, Bates appeared startled and nervous. Detectives saw Bates reaching down beneath the driver's seat.
A search of the vehicle resulted in the discovery of a plastic bag containing nearly 245 grams of cocaine, a loaded .380 caliber handgun under the front seat and $2,500 in cash. Bates admitted to police and to the court that the firearm was his, and that he had purchased it for $500 for protection. The firearm had previously been reported stolen.
Bates, who previously was convicted of drug trafficking and firearm charges, pleaded guilty on Tuesday to one count each of possession of cocaine with the intent to distribute, being a felon in possession of a firearm and being in possession of a firearm in furtherance of a drug trafficking crime.
Bates, who faces statutory sentences of up to 30 years in prison for possession of cocaine with the intent to distribute and being a felon in possession of a firearm, and a statutory consecutive sentence of a maximum of life imprisonment with a mandatory minimum term of 5 years imprisonment, is scheduled to be sentenced by U.S. District Court Chief Judge William E. Smith on June 12, 2015.
The case is being prosecuted by Assistant U.S. Attorney Milind M. Shah.
The Bureau of Alcohol, Tobacco, Firearms and Explosives assisted Providence Police in the investigation of this matter.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]10th Street Gang Member Sentenced to Life in Prison for Murder, Racketeering and Narcotics TraffickingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. U.S. Attorney William J. Hochul, Jr. announced today that Jonathan Delgado, 26, of Buffalo, NY, who was convicted following a seven week jury trial of Racketeering Influenced Corrupt Organizations conspiracy, was sentenced to life in prison plus five years by U.S. District Judge Richard J. Arcara.According to Assistant U.S. Attorneys Joseph M. Tripi and John M. Alsup, who handled the prosecution of the case, stated that the defendant was a member of the 10th Street Gang which was responsible for multiple acts of violence and the trafficking of various controlled substances on Buffalo’s West Side. Specifically, Delgado, directly or by helping his fellow gang members, participated in the murders of Brandon McDonald and Darinell Young and the attempted murders of 12 others.
The defendant was a member of the 10th Street Gang between 2000 and 2012 and participated in other acts of violence including robbery, burglary, drug distribution and possession of firearms.
Delgado is one of 44 10th Street Gang members and associates charged and convicted in this case.
Today’s convictions are the culmination of an investigation on the part of Special Agents of the FBI Safe Streets Task Force, the New York State Police, under the direction of Major Michael Cerretto, the Buffalo Police Department under the direction of Commissioner Daniel Derenda and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division.
Tuesday 24 March 2015
Woman Sentenced for Preparing False Income Tax ReturnRead the Press Release
HOUSTON – Nina Thompson aka Nina Thompson Price has been ordered to federal prison following her conviction of willfully aiding and assisting in the preparation and presentation of a false U.S. Individual Income Tax Return, announced U.S. Attorney Kenneth Magidson and Special Agent in Charge Lucy Cruz of Internal Revenue Service – Criminal Investigation (IRS-CI). Thompson pleaded guilty Dec. 29, 2014.
Today, U.S. District Judge David Hittner, who accepted the guilty plea, handed Thompson a 24-month sentence to be immediately followed by one year of supervised release. She was further ordered to pay $226,884 in restitution to the IRS.
According to the plea agreement filed in the record of the case, Thompson was in the business of preparing income tax returns and operated under the name N.M. & T. Tax Service located on Bellaire Boulevard in Houston. Thompson admitted she willfully placed numerous false items on her clients’ income tax returns in an attempt to lower their income tax liabilities.
The return she prepared that formed the basis of the charges against her resulted in a tax loss to the United States of $7,428. As part of her plea, she admitted that as a result of her actions, the total relevant conduct for sentencing purposes is $226,884. She has agreed to pay that amount in restitution to the IRS.
Previously released on bond, Thompson was taken into custody following the sentencing today where she will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.IRS-CI investigated. Assistant U.S. Attorney Charles J. Escher is prosecuting the case.
Verdict Against Baltimore Man UpheldRead the Press Release
Contact Person: John Potterfield (803) 929-3000
Columbia, South Carolina---- United States Attorney Bill Nettles stated today that a guilty verdict against Charles Brown, of Baltimore, Maryland was upheld.
Evidence presented at the trial established that the Department of Veteran's Affairs invited bids on a contract which was set aside for Service Disabled Veteran Owned Small Businesses. The defendant, Charles Brown, bid on the contract, asserting that Executive Medical Transport, LLC, a Columbia based company qualified as disabled veteran owned. The evidence produced at trial further established that although a disabled veteran was listed as an owner of the company, that veteran rarely visited the company and did not exercise control over the operations of the company.
On February 11, 2015, Brown was convicted of seven counts of Wire Fraud. Brown moved to have those verdicts set aside. Today, that motion was denied and the verdicts of the jury upheld.
The case was investigated by agents of the Department of Veteran's Affairs Office of Inspector General. Assistant United States Attorney John C. Potterfield of the Columbia office prosecuted the case.#####
U.S. Attorney's Office Joins TwitterRead the Press Release
Tampa, FL - United States Attorney A. Lee Bentley, III announces today that his office has joined Twitter to assist in providing news, announcements, and other information to the public. To follow us on Twitter, go to https://twitter.com/USAO_MDFL, or add our Twitter address, @USAO_MDFL, to the Twitter app on your mobile device. In addition to Twitter, the U.S. Attorney’s Office also maintains a website, which remains the primary source of information for our office.
Two Men Plead Guilty to Bank Robbery in Twin FallsRead the Press Release
BOISE - Juan Loredo, 22, and Shawn Smith,19, both from Salinas, California, pleaded guilty today to bank robbery by use of dangerous weapons and brandishing of firearms during the commission of a felony offense, U.S. Attorney Wendy J. Olson announced.
According to the plea agreement, on November 20, 2014, the defendants robbed the First Federal Bank in Twin Falls, Idaho. As the men entered the bank, Loredo brandished a sawed-off shotgun, and Smith brandished a semi-automatic pistol at the tellers and manager. They stole more than $7,000, all of which was recovered by police when the men were arrested after a high-speed vehicle chase, and foot pursuit.
Sentencing is set for June 9, 2015, before U.S. District Judge Edward J. Lodge. The men will continue to be held in custody awaiting their sentences.
The charge of bank robbery by use of a dangerous weapon is punishable by up to 25 years in prison, and a maximum fine of $250,000. In addition to the bank robbery, Juan Loredo faces an additional period of not less than 10 years of incarceration consecutive to any other punishment, and a maximum fine of $250,000 for brandishing the short-barreled shotgun during the crime of violence. Shawn Smith faces an additional period of not less than seven years consecutive to any other punishment for brandishing the pistol during the crime of violence.
“Those who use firearms to commit violent crimes will be vigorously investigated and prosecuted,” said Olson.
The men were apprehended by, and the case was investigated by, the Twin Falls Police Department. The Bureau of Alcohol, Tobacco and Firearms assisted in the investigation and prosecution of these offenses.
Two Brothers Charged in $1 Million Drug-Trafficking ConspiracyRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that two more Kansas City, Mo., men were indicted by a federal grand jury today for their roles in a 15-member conspiracy to distribute more than $1 million worth of cocaine, methamphetamine and marijuana.
Jesse F. Vasquez, 40, and his brother, Jonathan Anthony Vasquez, 34, both of Kansas City, were charged in an eight-count superseding indictment returned by a federal grand jury in Kansas City, Mo.
Today’s indictment replaces a Nov. 18, 2014, indictment and includes the original defendants along with additional charges. Those previously charged are Christopher Brian Padilla, 30, Natalie N. Tinoco, 29, Oswaldo Ulises Lopez, 24, Edward Francis Diaz, Jr., 47, Edward Francis Diaz III, 28, Mary Eloisa Steward, 33, Heriberto Muzquiz III, 43, Nicholas Salinas, 47, and Terry L. Diaz, 50, all of Kansas City, Mo.; Sergio Ibarra-Hernandez, 44, Jose Tereso Salinas-Covarrubias, 46, and Martin Fernando Espinoza-Arevalo, 26, all of whom are citizens of Mexico residing in Kansas City, Mo.; and Adan Rogelio Hernandez-Aceves, also known as Jose Delgado-Hernandez, 44, a citizen of Mexico residing in Kansas City, Kan.
The federal indictment alleges that all of the defendants participated in a conspiracy to distribute cocaine, methamphetamine and marijuana from Jan. 1, 2012, to Nov. 19, 2014. The indictment alleges that conspirators distributed at least 15 kilograms of cocaine, two kilograms of methamphetamine and 1,000 kilograms of marijuana.
As in the original indictment, Padilla also is charged with one count of illegally possessing firearms. Padilla allegedly possessed and used a loaded .357-caliber Glock semi-automatic pistol, a Taurus .38-caliber revolver and a Glock .40-caliber semi-automatic pistol in furtherance of a drug-trafficking crime. Padilla is also charged with selling a Taurus .38-caliber revolver and a Glock .40-caliber semi-automatic pistol to a buyer who was prohibited from possessing a firearm because he was a felon.
Today’s superseding indictment contains several new charges against various defendants.
Salinas and Jonathan Vasquez are charged with possessing cocaine with the intent to distribute. Ibarra-Hernandez and Salinas-Covarrubias are charged with possessing methamphetamine with the intent to distribute.
Ibarra-Hernandez, Salinas-Covarrubias and Jonathan Vasquez are charged with being drug users in possession of firearms and ammunition. The indictment alleges that the three men, who were addicted to marijuana, cocaine, methamphetamine and other controlled substances, were in possession of a Ruger semi-automatic handgun, a Smith and Wesson .357-caliber handgun and ammunition.
Ibarra-Hernandez and Salinas-Covarrubias are charged with being illegal aliens in possession of firearms and ammunition.
Ibarra-Hernandez, Espinoza-Arevalo and Hernandez-Aceves are also charged with illegally reentering the United States after having been deported.
The federal indictment also contains a forfeiture allegation, which would require the defendants to forfeit to the government any property derived from the proceeds of the drug-trafficking conspiracy or used to facilitate the commission of the drug-trafficking conspiracy, including a money judgment of $1,050,000 for which all of the defendants are jointly and severally liable. This sum, in aggregate, allegedly was received in exchange for the unlawful distribution of cocaine, methamphetamine and marijuana, based on a conservative average street price of $32,000 per kilogram of cocaine, $1,000 per ounce of methamphetamine and $500 per pound of marijuana and the total conspiracy distribution of at least 15 kilograms of cocaine, two kilograms of methamphetamine and 1,000 kilograms of marijuana.
The forfeiture allegation would also require the defendants to forfeit two residential properties owned by Salinas, a 2007 Chevrolet Avalanche pick-up owned by Hernandez-Aceves and $59,708 seized by law enforcement officers.
Dickinson cautioned that these charges 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 Bruce Rhoades. It was investigated by the Kansas City, Mo., Police Department and the FBI.
Supreme Court Denies Petition in Animal Crush Video Case – Case Returns to Houston Federal CourtRead the Press Release
HOUSTON – The U.S. Supreme Court has denied a petition for a writ of certiorari in the case involving a Texas couple who allegedly created and distributed “animal crush videos,” announced U.S. Attorney Kenneth Magidson. The case will now again be set for trial in federal court in Houston.
A federal grand jury returned an indictment Nov. 28, 2012, against Ashley Nicole Richards, 24, and Brent Justice, 53, both of Houston. They were charged with multiple counts of creating animal crush videos and distribution of those videos among other charges.
A U.S. district judge later dismissed the crush video charges, citing constitutionality issues. The government appealed that decision to the 5th Circuit Court of Appeals in New Orleans which subsequently overturned the decision of the District Court. The defendants then filed a petition for a writ of certiorari to the U.S. Supreme Court challenging the 5th Circuit’s ruling. The U.S. Supreme Court has denied that petition and the case is remanded back to the District Court for prosecution. A new trial date has not yet been set.
The indictment alleges Richards and Justice created and distributed animal crush videos which were obscene in nature. The charges mention eight videos which allegedly involve puppies, chickens and kittens being tortured and killed. The indictment alleges the videos were created at varying times between February 2010 and August 2012.
The term "animal crush video" is defined under federal law as any photograph, motion-picture film, video or digital recording, or electronic image that depicts actual conduct in which one or more living non-human mammals, birds, reptiles or amphibians is intentionally crushed, burned, drowned, suffocated, impaled or otherwise subjected to serious bodily injury, and is obscene.
This is the first known case to be indicted in federal court since the statute was amended in 2010.
If convicted of these charges, Richards and Justice face up to seven years in federal prison on each count. They also face a possible $250,000 fine and at least three years of supervised release following completion of any prison term imposed.
Both have remained in state custody on related animal cruelty charges following their arrests on Aug. 15, 2012.
Oral arguments are available online. The arguments presented in this case before the 5th Circuit Court of Appeals on March 11, 2014, can be heard at http://www.ca5.uscourts.gov/OralArgRecordings/13/_13-20265_3-11-2014.MP3
This case was originally investigated by the Houston Police Department who is working in conjunction with the Houston office of the FBI. The case is being prosecuted by Assistant U.S. Attorney Sherri L. Zack. Trial Attorney John Pellettieri of the Department of Justice’s Criminal Division handled the appeal.
A defendant is presumed innocent unless convicted through due process of law.Stroudsburg Woman Enters Guilty Plea to Federal Charge for Allowing Her Residence to Be Used for Methamphetamine TraffickingRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Stroudsburg woman pleaded guilty today in Scranton before Senior United States District Judge Edwin M. Kosik, to a charge involving the use of her residence for methamphetamine trafficking.
According to United States Attorney Peter Smith, Jeannine Altemose, age 53, of Stroudsburg, Monroe County, entered a guilty plea to the charge of maintaining drug involved premises. Altemose admitted to allowing a co-defendant to store and distribute methamphetamine from her residence in Stroudsburg in 2013 and 2014.
Altemose was one of seven individuals indicted by a federal grand jury in April 2014, after a several month investigation conducted jointly by the Drug Enforcement Administration, the Pennsylvania State Police and the Stroud Regional Police Department regarding methamphetamine trafficking in Monroe County.
The charges against the remaining defendants are currently pending.
The cases are being prosecuted by Assistant United States Attorney Robert J. O’Hara.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.In this case, the maximum penalty for all charges under the federal statutes is imprisonment for 20 years, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public, and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
St. Croix Man Arrested on Charges of Illegal Receipt of FirearmsRead the Press Release
St. Croix, USVI – Gregory Williams, Jr., 23, of St. Croix, was arrested today and charged in District Court with illegal receipt of firearms, possession of a firearm with an obliterated serial number and unauthorized possession of firearm, announced United States Attorney Ronald W. Sharpe. Williams made his initial appearance before U.S. Magistrate Judge Cannon and was detained pending a detention hearing scheduled for Thursday, March 26, 2015.
Williams was arrested pursuant to a warrant issued after he was indicted by a federal grand jury on Tuesday, March 17, 2015, in three-count indictment.
If convicted of illegal receipt of firearms, Williams faces a maximum of 10 years in prison and a $250,000 fine. If convicted of possession of a firearm with an obliterated serial number, he faces a maximum of five years in prison and a $250,000 fine. If convicted of unauthorized possession of a firearm, he faces a maximum sentence of five years in prison.
The three-count indictment is the result of investigative work by U. S. Customs and Border Protection (CBP), Department of Homeland Security (DHS), United States Postal Inspection Service (USPIS), and the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The case is being prosecuted by Assistant U.S. Attorney Rami S. Badawy.
United States Attorney Sharpe reminds the public that an indictment is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless found guilty.
Springfield Man Pleads Guilty to Cocaine DistributionRead the Press Release
BOSTON – Stephen Tavernier, 27, of Springfield, pleaded guilty yesterday to conspiracy to possess with intent to distribute and to distribute cocaine, and distribution of cocaine. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for June 29, 2015.
On Aug. 6, 2013, Tavernier sold cocaine to an undercover federal agent on Main Street in Springfield, just yards from the state courthouse. Tavernier also admitted that, during the transaction, he removed a bag of crack cocaine from his mouth and handed it to the agent. The drug purchase was captured on video.
The charge of conspiracy to possess with intent to distribute cocaine provides a sentence of no greater than 20 years in prison, 3-5 years of supervised release, and a fine of $1 million. The charge of distribution of cocaine provides a sentence of no greater than 20 years in prison, 3-5 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 Daniel J. Kumor, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division, made the announcement. The case is being prosecuted by Assistant U.S. Attorney Deepika Bains Shukla of Ortiz’s Springfield Branch Office.
Sioux Falls Man Charged in Dacotah Bank RobberyRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Bank Robbery.
Rickey Daniel Starks, age 45, was indicted on March 17, 2015. He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 18, 2015, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
On March 5, 2015, the Sioux Falls Police Department responded to a call that there had been an armed robbery at Dacotah Bank on East 10th Street in Sioux Falls. Information relayed to the officers was that a man walked in the front door of the bank wearing distinctive clothing, a ski mask, and carrying a backpack. He demanded money and waved what appeared to be a gun in the air. Video from the bank’s surveillance cameras confirmed the information the police had received. Portions of the video were released to the local news media and several sources contacted law enforcement to help identify the person.
The charge is merely an accusation and Starks is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Sioux Falls Police Department, South Dakota Highway Patrol, and the Federal Bureau of Investigation. Assistant U.S. Attorney Dennis R. Holmes is prosecuting the case.
Starks was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Shiprock Man Sentenced to Federal Prison for Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Lorin Nelson Dee, 49, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced today in federal court in Albuquerque, N.M., to 30 months in federal prison followed by five years of supervised release for his federal abusive sexual contact conviction.
Dee was arrested in April 2014, on a criminal complaint charging him with aggravated sexual abuse and abusive sexual contact. Dee subsequently was indicted on those two charges on May 7, 2014. According to court filings, Dee forced a Navajo woman to engage in a sexual act on April 23, 2014, at a location within the Navajo Indian Reservation in San Juan County, N.M.
On Dec. 8, 2014, Dee pled guilty to Count 2 of the indictment, charging him with abusive sexual contact. In his plea agreement, Dee admitted using force to sexually abuse the victim by intentionally touching and rubbing her breast on April 23, 2014.
This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback.
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.
Seven Additional Schuele Boys Gang Members and Associates Charged with Drug TraffickingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. — U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned three separate indictments charging seven additional members and associates of the Schuele Boys Gang, a group which operated in the Schuele Street area of the East Side of Buffalo. The charges, which include conspiracy to distribute and distribute crack cocaine, cocaine and marijuana, carry a maximum penalty of 20 years in prison, and a fine of $1,000,000.“As I have stated many times before, this Office and our law enforcement partners stand ready to remove any organized group of individuals that threatens to harm our community through narcotics trafficking and acts of violence,” said U.S. Attorney Hochul. “Our dismantling of the 10th Street Gang on Buffalo’s West Side and other multiple successful gang prosecutions should serve as a warning that will be aggressive in removing these threats from our neighborhoods.”
Charged in the indictments are:
• Eric Sears, 47, Buffalo
• Andre Jackson, 28, Buffalo
• Tyrell Skipper, 25, Buffalo
• Willie Griffin, 25, Buffalo
• Robert Brown, 52, Buffalo
• Samuel Walker, 50, Buffalo
• Tywone Smothers, 36, Buffalo
Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that according to the indictments, between June 2013 and July 2014, the defendants sold controlled substances, including crack cocaine, cocaine and marijuana, primarily on the East Side of Buffalo.
The investigation utilized wire and electronic communications, confidential sources, and physical and video surveillance, to identify conspirators associated with the Schuele Boys Gang distribution network.
In July, 2014, 17 Schuele Boys members and associates were arrested and charged with narcotics trafficking including:
• Antwan Garner, 29, Buffalo
• Aaron Glenn, 41, North Tonawanda
• Jerome Grant, 33, Buffalo
• James Hicks, 44, Buffalo
• Xavier Hill, 42, Buffalo
• Demetrius Holmes, 23, Buffalo
• Damario James, 32, Buffalo
• Fred Johnson, 21, Buffalo
• Ikeem Lyons, 21, Buffalo
• Benjamin Peoples, 25, Buffalo
• Demario Robbins, 23, Buffalo
• Michael Robertson, 24, Buffalo
• Spencer Rogers, 50, Buffalo
• Antwon Steward, 31, Buffalo
• Shawntorrian Travis, 34, Buffalo
• Andre Wise, 36, Buffalo
• Marcel Worthy, 30, Buffalo
The indictments are the culmination of an investigation on the part of the FBI's Safe Streets Task Force which includes representatives of the Amherst Police Department; the Buffalo Police Department; U.S. Border Patrol, the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Cheektowaga Police Department; the Erie County Sheriff’s Department; the Hamburg Police Department; the Lancaster Police Department; the Niagara Frontier Transportation Authority Police; the New York State Department of Correctional Services; the New York State Police; and U.S. Immigration and Customs Enforcement, Homeland Security Investigations. Additional assistance was provided by the Drug Enforcement Administration; U.S. Customs and Border Protection, the United States Marshal Service, the Lackawanna Police Department, and the Niagara County Sheriff’s Department.
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.
Rochester Man Sentenced on Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Miguel Calixto, 28, of Rochester, NY, who was convicted of possession of a firearm by a convicted felon, was sentenced to 10 years in prison by Chief U.S. District Court Judge Frank P. Geraci, Jr.Assistant U.S. Attorney Jennifer Noto, who handled the case, stated that on July 2, 2013, Rochester Police officers observed the defendant in possession of a 380 caliber Smith and Wesson semiautomatic pistol. Calixto was previously convicted of a felony weapons offense, and was therefore prohibited from legally possessing a firearm under federal law.
The defendant used the pistol on June 8, 2013 on Wadsworth Street in Rochester to shoot another individual four times, resulting in the victim’s permanent paralysis from the waist down. In conjunction with his plea in federal court, Calixto was convicted of Assault in the First Degree in Monroe County Court.
The sentencing is the culmination of an investigation on the part of Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid and the Rochester Police Department, under the direction of Chief Michael Ciminelli.
Rochester Man Sentenced for Drug TraffickingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Adminda Poole, a/k/a Adminda Lopez, 39, of Rochester, NY, who was convicted of conspiracy to distribute, and possession with intent to distribute, heroin and cocaine, was sentenced to 125 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Frank H. Sherman, who handled the case, stated that the defendant participated in a conspiracy between December 2013 and February 2014, to sell at least 200 grams of heroin and a kilogram of cocaine in Rochester. On February 7, 2014, Rochester police executed a search warrant at a residence on Clay Avenue in Rochester used by Poole and found heroin and cocaine, as well as drug paraphernalia. In addition officers found $36,822 in cash. The defendant agreed to the forfeiture of the cash as part of her sentence.
The sentencing is the culmination of an investigation on the part of the Rochester Police Department, under the direction of Chief Michael Ciminelli.
Rhode Island Man Pleads Guilty in Federal Court to Sex TraffickingRead the Press Release
PROVIDENCE, R.I. – Ricky Wallace, a/k/a Justice, 33, of Pawtucket, R.I., pleaded guilty in federal court in Providence on Monday to trafficking a 17-year-old woman from the Boston area to Pawtucket for the purposes of commercial sexual activity, announced United States Attorney Peter F. Neronha; Vincent B. Lisi, Special Agent in Charge of the Boston field office of the FBI; Pawtucket Police Chief Paul King; Colonel Steven G. O’Donnell, Superintendent of the Rhode Island State Police; United States Marshal Jamie A. Hainsworth; and Arlington, Mass., Police Chief Frederick Ryan.
Wallace admitted to the court that in addition to trafficking the 17-year-old, he also brought a 20-year-old woman from the Boston area to Rhode Island where she posed in photos posted on Backpage.com and offered her for commercial sexual activity.
According to court documents, the 17-yerar-old victim was taken from South Station in Boston in the early morning hours of August 19, 2014, and driven to Rhode Island for the purposes of being trafficked for commercial sexual activity. According to the victim, she was driven to the same Pawtucket residence where she was located on August 25, 2014, and rescued by FBI agents, Pawtucket Police and Central Falls Police, after she contacted a group home in the Boston area in which she resided. The group home contacted the FBI.
Additionally, according to court documents, on August 22, 2014, Wallace offered a 20-year-old Boston area woman a ride from South Station in Boston to nearby Cambridge, Mass. Instead of driving her to Cambridge, she was driven to Pawtucket and then to a motel in Seekonk, Mass., where she was photographed and offered on Backpage.com for commercial sexual activity. The woman repeatedly asked that she be driven back to the Boston area. The next day the woman was able to get away from Wallace and had contact with Seekonk Police. Rhode Island State Police also assisted in the investigation.
Appearing before U.S. District Court Judge Mary M. Lisi, Wallace pleaded guilty to one count each of conspiracy, sex trafficking of a child, transportation of a minor for sexual activity, and two counts of transportation of an individual for sexual activity.
Wallace, who has been detained since his arrest on August 29, 2014, is scheduled to be sentenced on June 25, 2015.
The case is being prosecuted in federal court by Assistant U.S. Attorney Pamela E. Chin. The U.S. Attorney’s Office is also working in conjunction with the Rhode Island Department of Attorney General in the prosecution of this matter. Wallace also faces charges in Rhode Island state court in an unrelated matter.
The FBI, Pawtucket Police and Rhode Island State Police were assisted in the investigation of this matter by the United States Marshal Service and the Arlington, Mass., Police Department.###
To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Opening Statement of Acting Deputy Attorney General Sally Quillian Yates at US Senate Confirmation HearingRead the Press Release
Acting Deputy Attorney General Sally Quillian Yates released the following statement today at the opening of the U.S. Senate confirmation hearing:
“Chairman Grassley, Ranking Member Leahy and Members of the Committee, it is an honor to appear before you today. I am very grateful for this opportunity and for President Obama’s nomination. I would also like to thank Senator Isakson, Senator Perdue and Congressman Lewis for their kind and generous introductions. They have led remarkable lives of service to Georgia and to our country, and I am humbled by their confidence in me.
“It is particularly meaningful for me to appear before you today surrounded by my family – my husband Comer, my daughter Kelley and my son Quill. I am not only grateful to all of them for their love and support, but I am also incredibly proud of each of them. My husband Comer, a lawyer by training, followed his heart and runs a school for children with learning disabilities and children who are deaf and hard of hearing. My daughter Kelley is in her first year as a special education teacher. My son, Quill, is a sophomore in college where he is studying political science and environmental policy.
“My only regret is that my parents, both of whom have passed away, are not here today. They instilled in me a love of the law and a call to public service. I come from a long line of lawyers on both sides of my family – lawyers and Methodist preachers. Even my grandmother was a lawyer; in fact she was one of the earliest women admitted to the Georgia Bar. And even though she was probably the smartest one in the bunch, law firms didn’t hire many women to practice law in those days, so she was a legal secretary instead. My father and his father before him were state appellate court judges, and they demonstrated by example that the law is an instrument for ensuring that right is done in the world. My father died shortly before I graduated from law school, but I vividly recall him counseling me while I was in school to make sure that the work I chose when I graduated was more than just a job or a way to earn a living. Rather, he believed that we have an obligation to use our legal education for a greater good and he encouraged me to find a path where I could make a real difference in the world.
“That path took me to the Department of Justice. I joined the U. S. Attorney’s Office in Atlanta in the fall of 1989, and the Department of Justice has been my home ever since. When I joined the U.S Attorney’s Office, I certainly didn’t expect that I would still be with the Department of Justice 25 years later. But once I experienced the privilege of representing the people of the United States – of doing what I believed was right, and fair and just in every case – anything else would have felt like just a job.
“Bob Barr, then the U.S. Attorney of the Northern District of Georgia, entrusted me with my first position in the department – that of a line prosecutor. I began the way all young prosecutors do – by investigating and trying cases; by working with agents and witnesses and victims to keep my fellow citizens safe and to ensure that those who harmed our community were held accountable. Over time, my cases became more complex and I assumed leadership positions within the office – Chief of the Fraud and Public Corruption Section; First Assistant U.S. Attorney; and eventually the first female United States Attorney for the Northern District of Georgia. Throughout this time, I carried with me the values instilled by my family – that the law can be an instrument for good, but only when it is applied fairly, thoughtfully and objectively. I believe it is a credit to the institution I love that I have held leadership positions through Republican and Democratic administrations, and that I have witnessed career men and women of the department consistently following the facts and the law with great distinction and without regard to politics.
“Over the years, I have seen the department from a variety of vantage points. I personally prosecuted public corruption, regardless of party, and led our team in holding accountable the Olympic bomber, Eric Rudolph. As a supervisor, I have ensured that our office had the expertise, resources and focus to go after worst of the worst, whether they were international gangs, human trafficking rings or cybercriminals. As the U.S. Attorney, I was the vice chair of the Attorney General’s Advisory Committee, and gained additional insight into the unique challenges each U.S. Attorney’s Office across the country faces—challenges that I know you each hear about from your constituents. When the President nominated me, a career prosecutor, to be the Deputy Attorney General, it was the greatest honor that I could imagine.
“I am proud to say that in the brief period during which I have served as the Acting Deputy Attorney General, I have seen on a national scale the same skill, care and dedication in our attorneys that I knew in the Northern District of Georgia. In taking on the day-to-day operations of the department, its $27 billion budget, and its 114,000 employees, I also understand that we face critical national security and public safety challenges. I believe that we can work together on these challenges, and in my role as Chief Operating Officer of the department, I will be committed to ensuring that the resources Congress provides to the department are used as effectively as possible to protect public we all serve.
“I know that several of you have served previously at the department and share my love of this great institution. As you all know, the Department of Justice is unique among cabinet agencies; it is, and must be, independent and non-partisan. We don’t represent an ordinary client, and as representatives of the people, we must always be governed by doing what is just. This has been my life’s work. And if I am fortunate enough to be confirmed, I can promise you that I will spend each and every moment guided solely by the department’s singular mission to seek justice.
“Thank you. I look forward to your questions.”
Notice of Court ProceedingsRead the Press Release
Contact Person: Winston Holliday (803) 929-3000
WHEN: Wednesday, March 25, 2015, 9:30 a.m. WHERE:
COLUMBIA, SOUTH CAROLINA -- United States Attorney Bill Nettles stated today that a sentencing hearing has been scheduled in the case of United States v. Lester Woods and Michael Johnson, Case No. 3:14-0093. Chief United States District Court Judge Terry L. Wooten will preside.Matthew J. Perry Courthouse
901 Richland Street, Courtroom # 5, Columbia, SC
# # # #
Newark, New Jersey, Man Sentenced to 12 Years in Prison for Armed CarjackingRead the Press Release
NEWARK, N.J. – A Newark man was sentenced today to 144 months in prison for his role in a shotgun carjacking in Little Falls, New Jersey, on Oct. 30, 2011, U.S. Attorney Paul J. Fishman announced.
Hanzah Darby, 26, previously pleaded guilty before U.S. District Judge Susan D. Wigenton to an indictment charging him with one count of theft of a motor vehicle by force, violence, and intimidation and one count of use of a firearm in furtherance of a crime of violence. Judge Wigenton imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:
On Oct. 30, 2011, Darby, and Ivan Lee, 26, of Newark, were in the Little Falls area when they spotted a parked 2008 BMW 335 with passengers inside. Darby and Lee – who brandished a shotgun – approached the car and ordered the occupants out of the vehicle at gunpoint. Darby and Lee then took the car and fled the area. Law enforcement officers recovered the car in Newark on Nov. 7, 2011. Darby was standing next to it at the time.
In addition to the prison term, Judge Wigenton sentenced Darby to serve three years of supervised release.
Lee, who was charged with Darby in the indictment, previously pleaded guilty to one count of theft of a motor vehicle by force and was found guilty of the brandishing a firearm charge following a one-week trial before Judge Wigenton. Lee was sentenced to 14 years in prison on Feb. 11, 2015.
U.S. Attorney Fishman credited special agents with the FBI, under the direction of Special Agent in Charge Richard M. Frankel in Newark; officers of the Little Falls Police Department, under the direction of Chief John Dmuchowski; the N.J. State Police, under the direction of Col. Rick Fuentes; and the Passaic County Prosecutor’s Office, under the direction of Prosecutor Camelia M. Valdes, with the investigation leading to today’s sentencing. He also thanked the Passaic County Sheriff’s Department, under the direction of Sheriff Richard H. Berdnik for its assistance.
The government is represented by Assistant U.S. Attorney Cari Fais and Special Assistant U.S. Attorney Thomas S. Kearney of the U.S. Attorney’s Office General Crimes Unit in Newark.
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Defense counsel: Timothy Donohue Esq., West Orange, New Jersey.New Orleans Woman Charged with Stealing Federal Grant Money from Open World Family ServicesRead the Press Release
U.S. Attorney Kenneth A. Polite announced that KIM CASSELL, age 42, of New Orleans, was charged in a one-count Bill of Information last Friday with stealing money from Open World Family Services, Inc. (“Open World”). Open World was a non-profit 501(c)(3) charitable corporation organized for the purpose of helping students in the greater New Orleans area grow academically.
According to the Bill of Information, from March 2010 until June 2012, CASSELL knowingly used more than $140,000 in federal grant money for her personal benefit, rather than for its intended educational purposes.
If convicted, CASSELL faces a maximum term of imprisonment of ten years, three years of supervised release following any term of imprisonment, a $250,000 fine, and restitution to the United States Department of Education.
U. S. Attorney Polite reiterated that the Bill of Information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the U.S. Department of Education, the Federal Bureau of Investigation, and the Office of the Louisiana Legislative Auditor in investigating this matter. Assistant U.S. Attorney Sharan E. Lieberman is in charge of the prosecution.
New Hartford Man Sentenced to Federal PrisonRead the Press Release
A man who failed to appear for a supervised release revocation hearing in U.S. District Court was sentenced today to more than a year in federal prison.
Jeremiah Wroblewski, 36, from New Hartford, Iowa, received the prison term after a September 12, 2014, guilty plea to one count of failure to appear.
Wroblewski was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Wroblewski was sentenced to 21 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Wroblewski is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Matthew J. Cole.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-89.
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Native of Dominican Republic Charged in Gun CaseRead the Press Release
PHILADELPHIA - Amin De Castro, 39, of Philadelphia, PA was charged today by Indictment with being an illegal alien in possession of a firearm, announced United States Attorney Zane David Memeger. The indictment alleges that on or about September 22, 2014, De Castro, an alien, and native and citizen of the Dominican Republic, was found in the United States in possession of a .380 caliber firearm.
If convicted the defendant faces a maximum possible sentence of ten years imprisonment.
The case was investigated by Immigration and Customs Enforcement, Enforcement and Removal Operations ("ERO") and is being prosecuted by Assistant United States Attorney Virgil B. Walker.
Naples Man Pleads Guilty to Three Armed Bank RobberiesRead the Press Release
Fort Myers, Florida – United States Attorney A. Lee Bentley, III announces that John Robert Haldemann (31, Naples) today pleaded guilty to three counts of armed bank robbery. He faces a maximum penalty of 25 years in federal prison for each count. A sentencing date has not yet been set.
According to court documents, Haldemann committed three armed bank robberies last summer. On June 4, 2014, he robbed a Capital Bank in Venice. He then committed an armed robbery at a Wells Fargo Bank in Naples on July 12, 2014. And, in Punta Gorda on July 25, 2014, he robbed a Bank of America. During each armed bank robbery, Haldemann displayed what appeared to be a firearm and demanded money from bank employees.
This case was investigated by the Federal Bureau of Investigation Violent Crimes Task Force, the Punta Gorda Police Department, the Naples Police Department, the Collier County Sheriff’s Office, the Venice Police Department, and the Sarasota County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney David G. Lazarus.
Mexican National Sentenced for Methamphetamine and Cocaine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Miguel Angel Tinajero-Martinez, 25, a Mexican national illegally in the United States, was sentenced today in federal court in Las Cruces, N.M., to 51 months in federal prison for his methamphetamine and cocaine trafficking convictions. He will be deported after he completes his prison sentence.
Tinajero-Martinez was indicted on Feb. 19, 2014, under the moniker “4 Runner” and was charged with conspiracy and distribution of methamphetamine. He was arrested on Feb. 27, 2014, and has been in federal custody since that time.
On July 24, 2014, Tinajero-Martinez entered a guilty plea to a four-count felony information charging him with (1) conspiracy; (2) distribution of methamphetamine in Doña Ana County, N.M., on Jan. 27, 2014; (3) distribution of methamphetamine in Doña Ana County, N.M., on Feb. 27, 2014; and (4) possession of cocaine with intent to distribute in El Paso County, Texas, on Feb. 27, 2014.
According to court records, Tinajero-Martinez conspired with others to distribute three kilograms of methamphetamine in Doña Ana County, N.M., between Dec. 2, 2013 and Feb. 27, 2014. More specifically, Tinajero-Martinez distributed a kilogram of methamphetamine to an undercover agent on Jan. 27, 2014, and two kilograms of methamphetamine to undercover agents on Feb. 27, 2014. The drug transactions were negotiated by Tinajero-Martinez’s co-conspirators and Tinajero-Martinez delivered the methamphetamine to the agents. Tinajero-Martinez also possessed seven kilograms of cocaine at his home in Horizon, Texas; he waived venue to permit him to enter his guilty plea in federal court in New Mexico.
The indictment in this case was the result of a multi-agency investigation that was designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program. OCDETF is 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.
This case was investigated by the Las Cruces office of the FBI and Las Cruces/Doña Ana County Metro Narcotics Agency, and is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
Mexican National Pleads Guilty to Federal Heroin Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Yareli Jasmin Bustamante-Conchas, 28, a Mexican citizen illegally residing in Albuquerque, N.M., pleaded guilty this morning to a federal heroin trafficking charge.
Bustamante-Conchas was arrested on a criminal complaint on Aug. 29, 2014, in Bernalillo County, N.M., after DEA agents seized approximately 745.4 grams of heroin, drug packaging materials and $42,818.47 in U.S. currency from Bustamante-Conchas’ residence during a consensual search.
Bustamante-Conchas was subsequently indicted on Sept. 23, 2014, and charged with possession of heroin with intent to distribute. The indictment included forfeiture provisions seeking an order requiring Bustamante-Conchas to forfeit $102,000.00 representing drug proceeds in addition to the $42,818.47 seized from her home on Aug. 29, 2014.
During today’s proceedings, Bustamante-Conchas pled guilty to the indictment and admitted that on Aug. 28, 2014, DEA agents seized 745.4 grams of heroin, approximately $42,818.47 in cash and drug packaging materials from her home. Bustamante-Conchas also admitted that she was illegally present in the United States and had been making approximately $3,000.00 a week by distributing heroin since Dec. 2013.
Bustamante-Conchas has been in federal custody since her arrest and remains detained pending a sentencing hearing which has yet to be scheduled. At sentencing, Bustamante-Conchas faces a mandatory minimum of five years and a maximum of 40 years in prison. She will be deported after completing her prison sentence.
This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Nicholas Jon Ganjei.
This case was prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Members of Manchester-Based Oxycodone RingRead the Press Release
Plead Guilty To Federal Drug Trafficking Charges
CONCORD, NEW HAMPSHIRE – Five members of a Manchester-based oxycodone distribution ring plead guilty in United States District Court for the District of New Hampshire, announced United States Attorney John P. Kacavas.
Samuel Garcia (35), Jennifer Nunez (24), Johanna Nunez (28), Jose Nunez (59), and Raul Hernandez (27), each admitted to their participation in a conspiracy to distribute, and possess with intent to distribute, oxycodone, as well as other federal criminal charges.
The defendants were arrested after a law enforcement investigation that lasted from 2013 to August of 2014. The investigation included the use of cooperating individuals to purchase oxycodone pills, as well as the use of wiretaps and search warrants. Most of the defendants were arrested on August 27, 2014. Hernandez was arrested as he attempted to deliver over 600 oxycodone pills to the residence of Samuel Garcia and Jennifer Nunez on Eastern Avenue in Manchester, New Hampshire. A search warrant was executed at that residence and hundreds of additional pills, as well as over $30,000 in cash, and three firearms were recovered from that location. Garcia, Jennifer Nunez, and Johanna Nunez were arrested that day. Jose Nunez was arrested in October of 2014, after returning to the United States from the Dominican Republic.
Garcia pleaded guilty on March 24, 2015, to: (1) Conspiracy to Distribute, and Possess with Intent to Distribute, a Controlled Substance; (2) Possession of a Controlled Substance with Intent to Distribute; (3) Conspiracy to Launder Monetary Instruments; and (4) Possession of a Firearm During a Drug Trafficking Crime. He is scheduled to be sentenced on June 24, 2015.
Jennifer Nunez pleaded guilty on March 24, 2015, to:(1) Conspiracy to Distribute, and Possess with Intent to Distribute, a Controlled Substance; (2) Possession of a Controlled Substance with Intent to Distribute; (3) Distribution of a Controlled Substance; and (4) Possession of a Firearm During a Drug Trafficking Crime. She is scheduled to be sentenced on June 23, 2015.
Johanna Nunez pleaded guilty on March 24, 2015, to: (1) Conspiracy to Distribute, and Possess with Intent to Distribute, a Controlled Substance; and (2) four counts of Distribution of a Controlled Substance. She is scheduled to be sentenced on June 23, 2015.
Jose Nunez pleaded guilty on March 6, 2015, to: (1) Conspiracy to Distribute, and Possess with Intent to Distribute, a Controlled Substance; (2) four counts of Distribution of a Controlled Substance; (3) Conspiracy to Launder Monetary Instruments; and (4) Possession of a Firearm During a Drug Trafficking Crime, in violation of 18 U.S.C. § 924(c). He is scheduled to be sentenced on June 19, 2015.Raul Hernandez pleaded guilty on March 17, 2015, to: (1) Conspiracy to Distribute, and Possess with Intent to Distribute, a Controlled Substance and (2) Possession of a Controlled Substance with Intent to Distribute. He is scheduled to be sentenced on June 23, 2015.
An additional defendant, Edward Anthony Hiciano Beltre, is a fugitive.
The defendants each face a maximum sentence of twenty years on each of the drug and money laundering charges. The firearms charges carry a mandatory minimum term of five years in prison, which must be served consecutive to the sentences on the remaining charges.
In addition to these defendants, separate federal drug conspiracy charges remain pending against other Manchester residents who were arrested as part of this investigation, including Ryan Demers (31), William Alba (24), Bonnie Labrie (50), Krystal Mailhot (27), and Yonajaira Galarza Ramos (30).
This investigation was the product of an investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. This particular investigation involved cooperative efforts of federal and local law enforcement entities, including the Drug Enforcement Administration, the Manchester Police Department, the New Hampshire State Police, the Massachusetts State Police, and the Hillsborough County Attorney’s Office. The case is being prosecuted by Assistant U.S. Attorneys John J. Farley and Debra M. Walsh.
Member of Drug Trafficking Organization Admits to Conspiring to Sell Heroin in New JerseyRead the Press Release
TRENTON, N.J. – A member of a large-scale drug trafficking organization today admitted conspiring to distribute heroin in Ocean and Monmouth counties and elsewhere in New Jersey, U.S. Attorney Paul J. Fishman announced.
Jonathan Thomas, a/k/a “Life,” 39, of Asbury Park, New Jersey, pleaded guilty before U.S. District Judge Peter G. Sheridan in Trenton federal court to an information charging him with one count of conspiring to distribute heroin.In March 2014, 20 other alleged members of the drug trafficking organization of which Thomas was a member were charged by criminal complaint with conspiring to distribute heroin. The complaint referred to the drug trafficking organization as the “Britt-Young DTO,” after its leaders, Robert Britt, a/k/a “True,” and Rufus Young, a/k/a “Equan,” a/k/a “E-Money,” a/k/a “Kintock.” Of those individuals, eight have pleaded guilty.
According to documents filed in this case and statements made in court:
Between September 2013 and March 2014, Thomas conspired with others to distribute heroin in Ocean and Monmouth counties. Thomas was one of the Britt-Young DTO’s heroin suppliers. Thomas admitted supplying between 100 and 400 grams of heroin to the Britt-Young DTO during the conspiracy. Although he was incarcerated in New Jersey during the conspiracy, he continued to supply narcotics to the Britt-Young DTO through another conspirator, who picked up heroin from New York City and delivered it on Thomas’ behalf.
The narcotics conspiracy charge to which Thomas pleaded guilty carries a maximum penalty of 20 years in prison and $1 million fine. Sentencing is scheduled for June 30, 2015.
U.S. Attorney Fishman credited special agents of the FBI, Red Bank Resident Office, under the direction of Special Agent in Charge Richard M. Frankel, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Nicholas Grippo of the U.S. Attorney’s Office Criminal Division in Newark.
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Defense Counsel: Kim A. Otis Esq., Princeton, New Jersey
Thomas, Jonathan Information
Medical Office Receptionist Sentenced to 34 Months in Prison for Embezzlement, Credit Card Fraud and Tax EvasionRead the Press Release
NEWARK, N.J. – A receptionist previously employed by a medical office in Kearny, New Jersey, was sentenced today to 34 months in prison for embezzling more than $446,000 from her former employer, using fraudulent credit cards to obtain more than $200,000 in goods and services and evading taxes on that illegal income, U.S. Attorney Paul J. Fishman announced.
Gwendolyn Muller, 53, formerly of Kearny, previously pleaded guilty before U.S. District Judge William J. Martini to an information charging her with one count each of embezzlement, credit card fraud and tax evasion. Judge Martini imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:
From 2007 through 2011, Muller used her position at the medical practice to take, cash, and conceal more than $446,000 in checks paid by insurance companies to the medical practice for services to patients. At various times during this same period, Muller also fraudulently obtained 10 credit cards in the name of a principal of the medical practice and used those cards to charge more than $218,000 in goods and services – a portion of which Muller paid for with embezzled funds. Muller also admitted to filing a false tax return to evade the payment of taxes on this illegally obtained income.
In addition to the prison term, Judge Martini sentenced Muller to three years of supervised release and ordered her to pay restitution of $556,000.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Richard M. Frankel, and IRS–Criminal Investigation, under the direction of Special Agent in Charge Jonathan D. Larsen, with the investigation leading to today’s sentencing.The government is represented by Senior Litigation Counsel Andrew Leven of the U.S. Attorney’s Office Health Care and Government Fraud Unit in Newark.
U.S. Attorney Fishman reorganized the health care fraud practice at the New Jersey U.S. Attorney’s Office shortly after taking office, including creating a stand-alone Health Care and Government Fraud Unit to handle both criminal and civil investigations and prosecutions of health care fraud offenses. Since 2010, the office has recovered more than $635 million in health care fraud and government fraud settlements, judgments, fines, restitution and forfeiture under the False Claims Act, the Food, Drug and Cosmetic Act and other statutes.
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Defense counsel: Donald Rinaldi Esq., Nutley, New Jersey
Man Sentenced to Life in Prison for Murdering his ParentsRead the Press Release
A man who used a machete to murder his parents on the Meskwaki Nation Settlement was sentenced today to life in federal prison without the possibility of parole.
Gordon Lasley, Jr., age 26, from the Meskwaki Nation Settlement, Iowa, received the prison term after a December 17, 2014, jury verdict finding him guilty of two counts of Second Degree Murder.
The evidence at trial showed that, on February 5, 2014, Lasley murdered Gordon Lasley, Sr. and Kim Renee Lasley at their home on the Meskwaki Nation Settlement by striking them each multiple times with a machete. Lasley’s attorneys unsuccessfully argued Lasley was insane at the time of the murders and should not be held criminally responsible for the murders.
Lasley was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Lasley was sentenced to a term of life imprisonment on each count, with the prison terms to run consecutively. A special assessment of $200 was imposed, and he was ordered to make $156.80 in restitution to the Iowa Crime Victim Compensation program. There is no parole in the federal system.
Lasley is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorneys CJ Williams and Anthony Morfitt and was investigated by the Meskwaki Nation Tribal Police Department, the Tama County Sheriff’s Office, the Iowa Division of Criminal Investigation, and the Federal Bureau of Investigation.
Court file information is available at https://ecf.iand.uscourts.gov/. The case file number is 14-CR-00045.
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