Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
Tuesday 3 March 2015
Framingham Man Charged with Child PornographyRead the Press Release
BOSTON – A Framingham man was charged today in U.S. District Court in Boston with child pornography offenses.
Stephen John Hallissey, 37, was charged by criminal complaint with possession and receipt of child pornography. At the initial appearance in federal court before Magistrate Judge David H. Hennessy, Hallissey agreed to pretrial detention, and waived his right to a preliminary hearing, at which the government would have had to establish probable cause that Hallissey committed the two charged child pornography offenses.
The affidavit filed in support of the charges alleged that Hallissey was arrested after law enforcement officers executed a federal search warrant at his Framingham home. A preliminary review of Hallissey’s computer revealed over 10,000 images and videos of child pornography. According to the affidavit, Hallissey admitted to the law enforcement officers that on a weekly basis he downloads child pornography from the Internet to his computer, and uploads child pornography from his computer to websites featuring sexually explicit content of minors.
United States Attorney Carmen M. Ortiz and Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. The case is being prosecuted by Assistant United States Attorneys David G. Tobin and Seth Orkand of Ortiz’s Major Crimes Unit.
The case was investigated by the Federal Bureau of Investigation's Boston Child Exploitation Task Force (CETF), which is comprised of members from the FBI, the Boston Police Department Child Abuse and Human Trafficking Units, the Arlington, Malden and Norwood Police Departments, the Massachusetts Department of Correction, and the Massachusetts State Police, with additional assistance provided by the U.S. Postal Inspection Service.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by U.S. Attorneys’ Offices and the Department of Justice’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Fountain Inn Man Sentenced to 27 Months for Mail Theft ConspiracyRead the Press Release
Contact Person: Bill Watkins (864) 282-2100
Columbia, South Carolina ---- United States Attorney Bill Nettles stated today that Salathiel D. Harrison, age 38, of Fountain Inn, South Carolina, has been sentenced in federal court in Anderson, to conspiracy to steal mail, a violation of Title 18, United States Code, Section 371. Senior United States District G. Ross Anderson, Jr. of Anderson sentenced Harrison to 27 months imprisonment. He also ordered Harrison to pay restitution to the victims of his crime.
The evidence at the change of plea hearing established that Harrison recruited individuals to steal mail containing checks and credit cards. Using the stolen credit card numbers, Harrison ordered expensive items and directed his recruits to pick up merchandise at various stores. Harrison also used the stolen credit card numbers to rent rooms for his recruits to stay in while they were working for him in the criminal activity. Law enforcement was able to locate video of Harrison passing stolen checks and retrieving a golf cart that he had purchased with the stolen credit card. Law enforcement estimates that Harrison stole over $6000 in merchandise before he was apprehended.
The case was investigated by agents of the United States Postal Inspection Service and the Greenville County Sheriff’s Office. Assistant United States Attorney Bill Watkins of the Greenville office handled the case.#####
Fort Myers Man Sentenced to 20 Years for Possession of Child PornographyRead the Press Release
Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell yesterday sentenced Brian Robert Harling (58, Fort Myers) to 20 years in federal prison for possession of child pornography. The Court also ordered him to forfeit five thumb drives that he had used to store his collection of child pornography.
Harling was found guilty by a federal jury on December 3, 2014.
According to the testimony presented at trial, on July 4, 2013, a new tenant discovered three thumb drives belonging to Harling that had fallen from molding inside of a closet, at a condo where Harling previously had lived. Harling had moved from the condo on July 1, 2013. The tenant and her mother discovered child pornography on the thumb drives and contacted the police. On July 4, 2013, a Fort Myers Police officer met with the tenant to retrieve the located thumb drives, and located two additional thumb drives that had also been concealed on the ledge of the molding inside the closet. Ultimately, the police located approximately 3,000 images and approximately 35 videos depicting child pornography on these thumb drives.
"Unfortunately, every time a photo or a video of an innocent child being sexually exploited is viewed, that victim is violated again,” said Susan L. McCormick, special agent in charge of HSI Tampa. “We owe it to the children affected by these cases to work tirelessly to seek out these predators and ultimately bring them to justice.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Fort Myers Police Department, with assistance from the Florida Department of Law Enforcement, and the Cape Coral Police Department. It was prosecuted by Assistant United States Attorney Yolande G. Viacava.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Former U.S. Coast Guard It Contractor Sentenced for Stealing Personal Information from ComputersRead the Press Release
Follow @USAO_CT
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that LARRY MATHEWS, 34, of Pawcatuck, Conn., was sentenced today by U.S. District Judge Robert N. Chatigny in Hartford to three years of probation for stealing personal information from hundreds of computers and personal electronic devices that had been brought to him for repair. Judge Chatigny also ordered that MATHEWS must spend the first four months of his probation on a 7:00 p.m. to 7:00 a.m. home curfew with electronic monitoring, perform 150 hours of community service and pay a fine of $5000.
According to court documents and statements made in court, MATHEWS was the proprietor of a computer repair business in Pawcatuck. Beginning in 2008, MATHEWS was also employed as a civilian contract employee for the U.S. Coast Guard as a computer “help desk” technician. On more than 250 occasions, for his own use, MATHEWS copied personal information and files from computers and personal electronic devices that had been brought to him for repair. The personal information and files included account names and passwords, and sexually-explicit photographs and videos.
The investigation revealed that MATHEWS shared the stolen personal information only with coworkers, one of whom reported the criminal activity to law enforcement in 2013.
On November 12, 2014, MATHEWS pleaded guilty to one count of computer intrusion in furtherance of a tortious invasion of privacy.
This case was investigated by the U.S. Coast Guard Investigative Service and was prosecuted by Assistant U.S. Attorneys Edward Chang and Carolyn Ikari.PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]Former Teacher Convicted of Receiving Child Pornography via the InternetRead the Press Release
McALLEN, Texas – Mission resident Jesus Javier Garza Jr., 30, has entered a plea of guilty to one count of receipt of child pornography, announced U.S. Attorney Kenneth Magidson. During the hearing today, Garza admitted he was mariachi director at a La Joya High School.
Garza came to the attention of law enforcement following an investigation which began Jan. 8, 2014, into persons using the Internet to traffic in child pornography. A Homeland Security Investigations (HSI) agent was able to locate and identify Garza as the owner of a computer as offering to participate in the distribution and receipt of child pornography movies through a peer-to-peer network.
Law enforcement executed a search warrant on Feb. 27, 2014, at Garza's Mission residence, at which time they seized a computer and various external storage media devices. The forensic examination revealed 189 movies and 302 images of clearly young children engaged in sexually explicit conduct. These movies and images included children under the age of 12 engaged in bondage and acts of violence. Some of the images are of known victims as identified through the National Center for Missing and Exploited Children.
Garza admitted he downloaded child pornography from the Internet, thereby receiving and possessing the child pornography found on his computer and external storage media.
Chief U.S. District Judge Ricardo Hinojosa, who accepted the guilty plea, has set sentencing for June 2, 2015. At that time, Garza faces up to 20 years in federal prison and a possible $250,000 fine. He will remain in custody pending that hearing.
The charges are the result of an investigation conducted by HSI.
This case, prosecuted by Assistant U.S. Attorneys (AUSA) Kimberly Leo and Kristen Rees and former AUSA Juan Villescas, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Former St. Clair County Sheriff Pleads Guilty to Stealing Recovered PropertyRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that the former sheriff of St. Clair County, Mo., pleaded guilty in federal court today to stealing property recovered in criminal cases and to selling a stolen firearm.
Ronald E. Snodgrass, 47, of El Dorado, Mo., pleaded guilty before U.S. District Judge M. Douglas Harpool to theft concerning programs receiving federal funds.
Snodgrass served three terms as the elected sheriff in St. Clair County, from Jan. 1, 2001, through Dec. 31, 2012. He lost his bid for reelection in 2012. During Snodgrass’s tenure, the St. Clair County Jail handled more than 100 federal inmates for a fee. This agreement with the U.S. Marshal Service provided St. Clair County with the majority of its income.
By pleading guilty today, Snodgrass admitted that he illegally took possession of a John Deere zero turn mower, which was recovered stolen property. The owner of the mower had reported it being stolen on Nov. 4, 2008, and received a payment of $13,638 from Chubb Insurance Company. The mower was recovered by the sheriff’s department on Aug. 14, 2009.
According to today’s plea agreement, the mower was in good condition and worth more than $5,000.
On Sept. 2, 2009, Snodgrass contacted Chubb Insurance and claimed the mower had a tow bill and storage fees of $525. At that time, the stolen mower was in the impound lot and was being held as evidence in a criminal case. There was no legal authority for Snodgrass to charge storage fees for items recovered as stolen property. Snodgrass told Chubb Insurance he would be interested in purchasing the mower in exchange for taking care of the tow bill, storage fees and payment of $500 to Chubb.
On Sept. 3, 2009, Snodgrass contacted Chubb Insurance and said he would like to purchase the mower. At that time, the insurance company informed him that the mower would have to be assessed for salvage. On the same day, Snodgrass contacted Chubb Insurance again and claimed the tow and storage bill of the mower was now “over $600”; he offered to take care of the tow, storage bill fees and pay Chubb Insurance an additional $500 for the stolen mower. Chubb Insurance accepted the offer from Snodgrass.
Snodgrass admitted today that there were never any storage fees. Under state law, any unclaimed property should have been sold at a sheriff’s auction. Instead of disposing of the mower through a public sale or auction, Snodgrass kept the mower for his personal use on his farm.
Under the terms of today’s plea agreement, Snodgrass must forfeit the John Deere mower and a 2009 Polaris Ranger UTV to the government. The July 22, 2014, federal indictment alleges that Snodgrass illegally obtained the Polaris Ranger on Sept. 29, 2012.
Under federal statutes, Snodgrass is subject to a sentence of up to 10 years in federal prison without parole, plus a fine up to $250,000. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Abram McGull, II. It was investigated by the FBI, the Missouri State Highway Patrol and the St. Clair, Mo., Sheriff’s Department.
Former Reserve Airman Sentenced for Theft of Government Property and Burglarizing a Del Rio PharmacyRead the Press Release
In Del Rio today, 21-year-old Simon Robert Barron, a former reserve U.S. Airman temporarily assigned to Laughlin Air Force Base, was sentenced to two concurrent 21-month imprisonment terms for stealing Government property and burglary of a pharmacy announced Acting United States Attorney Richard L. Durbin, Jr.
In addition to the prison sentences, United States District Judge Alia Moses ordered that Barron pay $3,980.11 in restitution and be placed on supervised release for a period of three years after completing his prison term.
On February 20, 2014, Barron pleaded guilty to the indictment. According to court records, on May 20, 2013, Barron attempted to purchase cough syrup at the LifeChek Pharmacy located on North Bedell Avenue, but was turned away for not having a prescription. That evening, Barron returned to the pharmacy where he used a rock to smash a window, entered the pharmacy, and then stole an assortment of narcotics with a retail value of more than $63,000. Two days later, while at Laughlin AFB, Barron was ordered to undergo a medical evaluation after he appeared intoxicated. A urinalysis revealed the presence of marijuana, Xanax, cocaine, codeine, and several opiates in his system. During a subsequent search authorization, issued by a military magistrate and executed at the Barron’s barracks room, Air Force OSI investigators discovered over 6,300 pills and liquid narcotics stolen from the LifeChek pharmacy along with stolen Government property including seven GPS units, two digital cameras, a power drill, an LED flashlight and a Motorola Radio Base Station. Authorities also recovered an Air Force air compressor from Barron’s vehicle and a Government chainsaw Barron pawned at a local pawn shop on the day of the pharmacy burglary.
This investigation was conducted by agents with the Air Force Office of Special Investigations together with the Del Rio Police Department. Assistant United States Attorneys Patrick Burke and Matthew Watters prosecuted this case on behalf of the Government.
#####
Former Kirkland Residents Sentenced to Prison for Hash Oil ExplosionRead the Press Release
Two men whose hash oil manufacturing operation exploded on New Year’s Day 2014, were sentenced today in U.S. District Court in Seattle to federal prison terms, announced Acting United States Attorney Annette L. Hayes. ROBBY WAYNE MEISER, 46, was sentenced to 30 months in prison and three years of supervised release, and BRUCE W. MARK, 62, was sentenced to 18 months in prison and three years of supervised release. The men were ordered to pay over $97,000 in restitution for damage to the apartment building. U.S. District Judge John C. Coughenour imposed the sentences.
“Hash oil manufacturing, and resulting explosions, are a growing and serious problem in Western Washington and elsewhere in the country,” said Acting United States Attorney Annette L. Hayes. “The materials and processes used to produce this product are dangerous and should never be used where they risk explosions or other serious harm. Those who put lives and property at risk will be prosecuted and punished.”
According to records filed in the case, on January 1, 2014, Kirkland Fire Department units responded to reports of an explosion and fire at the Inglenook Apartments on 142nd Street in Kirkland. Both defendants suffered burns in the explosion. Butane gas used in the manufacturing of hash oil exploded and blew out windows on the structure, expelling debris some 25 feet away. The north wall of the apartment was displaced outward approximately 6 – 8 inches by the blast, and the roof was disconnected from the wall. The fire department condemned parts of the building due to structural concerns. Officers found thirteen empty 8 ounce butane cans, and a box of twenty-four full 8 ounce cans in the apartment, together with a marijuana grow and other implements used to make hash oil.
When the defendants were arrested in July 2014, investigators found a second marijuana grow at the home they occupied in the Green Lake neighborhood of Seattle, as well as a small amount of butane used in hash oil manufacturing. In November 2014 the defendants pleaded guilty to Endangering Human Life While Manufacturing Controlled Substances.
Federal charges have been filed in connection with four other hash oil operations – three of them resulting in explosions and fires. In one of the cases from Bellevue, Washington, an apartment resident was injured trying to escape the flames and later died following complications from her hospitalization. The defendants in that case will be sentenced later this year.
The cases were investigated by multiple local and federal agencies including: the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), the U.S. Marshals Service, the Bellevue Police Department, the Seattle Police Department, and the Kirkland Police Department.
The cases are being prosecuted by Assistant United States Attorneys Todd Greenberg and Vince Lombardi.
Press contact for the U.S. Attorney’s Office is Public Affairs Officer Emily Langlie at (206) 553-4110 or [email protected].Former Kirkland Residents Sentenced to Prison for Hash Oil ExplosionRead the Press Release
Two men whose hash oil manufacturing operation exploded on New Year’s Day 2014, were sentenced today in U.S. District Court in Seattle to federal prison terms, announced Acting United States Attorney Annette L. Hayes. ROBBY WAYNE MEISER, 46, was sentenced to 30 months in prison and three years of supervised release, and BRUCE W. MARK, 62, was sentenced to 18 months in prison and three years of supervised release. The men were ordered to pay over $97,000 in restitution for damage to the apartment building. U.S. District Judge John C. Coughenour imposed the sentences.
“Hash oil manufacturing, and resulting explosions, is a growing and serious problem in Western Washington and elsewhere in the country”, said Acting United States Attorney Annette L. Hayes. “As more states decriminalize marijuana, people such as these defendants are creating danger as they seek to manufacture a stronger product. It is important to send a public message that those who go too far and put lives at risk will be prosecuted and punished.”
According to records filed in the case, on January 1, 2014, Kirkland Fire Department units responded to reports of an explosion and fire at the Inglenook Apartments on 142nd Street in Kirkland. Both defendants suffered burns in the explosion. Butane gas used in the manufacturing of hash oil exploded and blew out windows on the structure, expelling debris some 25 feet away. The north wall of the apartment was displaced outward approximately 6 – 8 inches by the blast, and the roof was disconnected from that wall. On the inside, large gaps were seen between the ceiling and interior walls, and one interior wall had been moved about 10 inches. The sliding glass doors and frame were blown outward, away from the structure. The fire department condemned parts of the building due to structural concerns. Officers found thirteen empty 8 ounce butane cans, and a box of twenty-four full 8 ounce cans in the apartment, together with a marijuana grow and other implements used to make hash oil.
When the men were arrested in July 2014, investigators found a second marijuana grow at the home they occupied in the Green Lake neighborhood of Seattle, as well as a small amount of butane used in hash oil manufacturing. In November 2014 the men pleaded guilty to Endangering Human Life While Manufacturing Controlled Substances.
Federal charges have been filed in connection with four other hash oil operations – three of them resulting in explosions and fire. In one of the cases from Bellevue, Washington, an apartment resident was injured trying to escape the flames and later died following complications from her hospitalization. The defendants in that case are to be sentenced later this year.
The cases were investigated by multiple local and federal agencies including: the Drug Enforcement Administration (DEA), Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), the U.S. Marshals Service, the Bellevue Police Department, the Seattle Police Department, and the Kirkland Police Department.
The cases are being prosecuted by Assistant United States Attorneys Todd Greenberg and Vince Lombardi.
Press contact for the U.S. Attorney’s Office is Public Affairs Officer Emily Langlie at (206) 553-4110 or [email protected].Former Fort Gordan Resident Sentenced to over 5 Years in Prison and 30 Years of Supervised Release for Abusive Release for Abusive Sexual Contact with A ChildRead the Press Release
AUGUSTA, GA: David Dean Erskine, 43, most recently having lived at Fort Gordon Military Base, was sentenced today by United States District Court Judge J. Randal Hall to 63 months in prison, followed by 30 years of supervised release, for the abusive sexual contact with a minor. Erskine pled guilty to the charge in October 2014. Erskine, who was detained following his February 2014 arrest, was returned to custody at the conclusion of the sentencing hearing.
The evidence at Erskine’s guilty plea and sentencing hearings showed that, while the six-year-old daughter of a military member was visiting another residence on Fort Gordon military base in the Fall of 2013, Erskine, who was living in that residence at the time, exposed his penis to the girl, and asked her to touch it. When questioned about the accusation, Erskine admitted the conduct. The investigation arose out of comments made by the girl to a relative, who reported the information to the girl’s mother. The mother then contacted Army Criminal Investigation Division (CID) who undertook a forensic interview of the girl, and interviewed several other individuals, including Erskine. It was later learned that Erskine engaged in the same type of behavior on at least two other occasions.
The FBI’s Cyber Crime/Child Exploitation Task Force (CCCX) also assisted with the investigation. The case was brought as part of Project Safe Childhood, which is a nationwide U.S. Department of Justice initiative designed to protect children from exploitation and abuse. Led by the United States Attorney’s Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims.
Assistant United States Attorney Nancy Greenwood, Deputy Criminal Chief in the Augusta U. S. Attorney’s Branch Office, prosecuted the case on behalf of the United States. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.Former Employee Sentenced for Embezzling More Than $1 Million from His CompanyRead the Press Release
ATLANTA - DeMarco Doxie has been sentenced to four years and five months in prison for his theft of more than $1 million from his former employer, Ennis Paint (currently known as Ennis-Flint).
“The defendant manipulated, lied to, stole from, and violated the trust of his employer. He created a fictitious company to bill Ennis for environmental and safety compliance work that his made-up company never performed, and then used a significant portion of the stolen money to upgrade and remodel his home,” said Acting U.S. Attorney John Horn.
J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office, stated: “Extensive white collar based fraudulent schemes can, over time, add up to significant loss amounts for the victim companies, as seen in this case. Mr. Doxie, the defendant in this matter, displayed extensive disregard for his employer and will now be held accountable for his criminal conduct.”
“In addition to stealing from his employer, Mr. Doxie concealed the income and failed to pay taxes on it,” stated IRS Criminal Investigation, Special Agent in Charge, Veronica F. Hyman-Pillot. “Individuals who line their pockets with profits from fraudulent schemes should know the money is taxable and you will be held accountable."
According to Acting U.S. Attorney Horn, the charges and other information presented in court: Doxie was the former Corporate Environmental Health & Safety Manager for Ennis Paint. Ennis, headquartered in Dallas, Texas, manufactures and sells a variety of road marking and pavement surface treatments. Ennis maintains a facility in Atlanta, Georgia, where Doxie worked.
During more than four years of his employment, from June 2007 through August 2011, Doxie used a sham business that he created and owned – Outlook Environmental & Safety Solutions, LLC (Outlook) – as his main vehicle to systematically embezzle large sums of money from Ennis.
Beginning in June 2007, Doxie began creating fictitious invoices for environmental work that Outlook had supposedly performed for Ennis Paint, when Doxie was well aware that Outlook had not performed any such work and had no employees. Ennis Paint was never informed by Doxie that he was the actual owner of Outlook while Doxie was submitting fraudulent invoices to Ennis Paint for payment to Outlook, and would never have paid the invoices had it known.
Doxie also defrauded Ennis by using an American Express Corporate Card issued by Ennis Paint that was supposed to be used for Ennis expenses. Doxie used the American Express company credit card to make payments to Outlook even though Outlook had not performed any work for Ennis. Ennis Paint paid the monthly bill on Doxie's American Express card. Ennis Paint would not have approved the payments if it knew that Doxie was the true owner of Outlook, a fact that Doxie intentionally concealed from Ennis. Doxie also paid for some of his personal expenses using his Ennis-issued credit cards in 2011. In total, Doxie stole more than $1 million from Ennis paint as a result of his fraudulent schemes. Additionally, Doxie was convicted of filing false tax returns, because he under-reported his actual income to the IRS for tax years 2008, 2009, 2010, and 2011 by failing to include the income that he had received from the fraud. As a result, Doxie underpaid his taxes by nearly $300,000.
Doxie, 44, of South Bend, Indiana, was sentenced to four years, five months in prison to be followed by three years of supervised release, and ordered to pay restitution in the amount of $1,008,417.49 to Ennis Paint and $299,750 in restitution to the IRS. Doxie was convicted of these charges on September 29, 2014, after he pleaded guilty to all the charges in the indictment.
This case was investigated by the Federal Bureau of Investigation and Internal Revenue Service Criminal Investigation.
Assistant U.S. Attorneys Glenn D. Baker and Jamie L. Mickelson prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division is http://www.justice.gov/usao/gan/.
Former Brunswick Man Sentenced to Almost 17 Years on Drug ChargeRead the Press Release
Contact: Darcie N. McElwee
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced that Garry Collins, 46, formerly of Brunswick, Maine, was sentenced on February 26, 2015 in U.S. District Court by Judge D. Brock Hornby to 200 months in prison and eight years of supervised release for possessing with intent to distribute more than 28 grams of cocaine base, or crack cocaine. Collins pleaded guilty on October 1, 2014.
According to evidence presented at the plea and sentencing hearings, on June 3, 2013, Collins and others packaged crack cocaine for distribution at a Portland hotel. The next day, he was found by Portland Police officers with just under 60 grams of crack cocaine and arrested.
Based on prior convictions for drug trafficking and criminal threatening with a dangerous weapon, Collins was subject to an enhanced sentence as a career offender.
The investigation was conducted by the Portland Police Department, the Maine Drug Enforcement Agency and the Federal Bureau of Investigation.
Flint Man Sentenced on Federal Drug ChargesRead the Press Release
Department of Justice
Office of Public AffairsTYLER, Texas - U.S. Attorney John M. Bales announced today that a Flint man has been sentenced to federal prison for his involvement in a drug conspiracy in the Eastern District of Texas.
Isaac Dion Smith, also known as “Ike”, 34, of Flint, Texas, was sentenced to 144 months in prison today by United States District Judge Michael H. Schneider. Smith had entered a guilty plea on October 14, 2014, on charges he conspired with others to distribute methamphetamine and heroin.
According to information presented in court, Smith, along with his co-defendants, distributed drugs including methamphetamine and heroin in the north Tyler, Texas area. Firearms were also bartered and sold by the group. The group was supplied by sources primarily in the Dallas, Texas area.
Smith and 12 co-defendants were indicted on a 23-count indictment by a federal grand jury on April 23, 2014. To date, his co-defendants have been sentenced as follows:
Desirae Dewberry, 34, of Longview, was sentenced on January 16, 2015, to 60 months; Deidra Duran, 22, of Mineola, was sentenced on January 16, 2015, to 32 months; Jacob Durst, also known as "Bubba" and "Chucky", 23, of Tyler, was sentenced on January 22, 2015, to 72 months; Victor Grant, also known as "Vic", 23, of Tyler, was sentenced on December 3, 2014, to 66 months; Keith Kimbrough, 47, of Huntsville, Alabama, was sentenced on January 16, 2015, to 24 months; Hannah McCartney Manziel, 25, of Lindale, was sentenced on January 15, 2015, to 32 months; Sabrina Tutt, also known as "Taylor Breeze" and "Breezy", 35, of Tennessee Colony, was sentenced on January 16, 2015, to 32 months; and Cedric Williams, also known as "Ced", 34, of Tyler, was sentenced on January 15, 2015, to 36 months.
Additionally, Smith and codefendants agreed to forfeit multiple firearms and money judgments totaling $18,000.00 to the United States.
This case was investigated by the Smith County Sheriff’s Department, Tyler Police Department, the Drug Enforcement Administration (DEA), and the Bureau of Alcohol, Tobacco and Firearms (ATF), and it was prosecuted by Assistant United States Attorney Bill Baldwin.
Federal Jury Convicts Roseville Woman for Her Role in A Bank Fraud and Identity Theft SchemeRead the Press Release
SACRAMENTO, Calif. — On Monday evening, a federal jury found Rachel Siders, 39, of Roseville, guilty of bank fraud, making a false loan application, and committing aggravated identity theft, United States Attorney Benjamin B. Wagner announced. Siders’ week-long trial was held before United States District Judge John A. Mendez.
According to evidence presented at trial, in 2008 Siders and co-defendant Theo Adams applied for a home equity line of credit in the name of Adams’ relative on an underwater property owned by Adams in Roseville. As part of the false loan application, Siders and Adams submitted false tax returns for the relative with significantly inflated income. Siders and Adams also submitted mortgage application documents with forged signatures. Siders, a notary public at the time of the crime, falsely notarized the loan application documents, which were sent to Washington Mutual Bank as part of the mortgage application. Washington Mutual Bank relied upon the falsely notarized documents and the false tax returns in deciding to provide a $250,000 line of credit. Siders received $170,000 of the proceeds and Adams received the rest. They made minimal payments on the line of credit and the loan defaulted. Siders’ counts of conviction all relate to this transaction. The jury was unable to reach a verdict on counts relating to a second charged transaction.
This case was the product of an investigation by the Internal Revenue Service-Criminal Investigation and the Federal Bureau of Investigation. Assistant United States Attorneys Matthew D. Segal, Christiaan H. Highsmith, and Michele Beckwith are prosecuting the case.
Siders is scheduled to be sentenced by Judge Mendez on June 9, 2015. She faces a maximum statutory penalty of 30 years in prison and a $1,000,000 fine on the bank fraud charge, 30 years in prison and a $1,000,000 fine on the false loan application charge, and two years in prison and a $250,000 fine on the aggravated identity theft charge. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. Theo Adams pleaded guilty on September 3, 2013, and has yet to be sentenced.
Elkins man charged with possession of stolen explosivesRead the Press Release
CLARKSBURG, WEST VIRGINIA – A federal grand jury returned an indictment today charging Jonathon Schrader, 30, of Elkins, West Virginia, with possession of stolen explosives, United States Attorney William J. Ihlenfeld, II, announced.
Schrader, also known as "Hobo John," was discovered in possession of stolen explosives in Randolph County, West Virginia in February 2015. He allegedly planned to detonate explosives at various locations in Elkins, including at the Federal Building and during a musical performance at the Forest Festival.
Schrader is charged with one count of "Possession of Stolen Explosives" after he was discovered in possession of stolen explosives in Randolph County, West Virginia in February 2015. Schrader faces up to 10 years in prison and a fine of up to $250,000.00. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Paul Camilletti is prosecuting the case on behalf of the government. The Federal Bureau of Investigation is leading the investigation. The West Virginia State Police, Randolph County Sheriff’s Office, United States Marshals Service, Federal Protective Services, Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Homeland Security, and the United States Secret Service are also investigating.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
El Paso Man Sentenced to 46 Months for Methamphetamine Trafficking Conviction in New MexicoRead the Press Release
ALBQUERQUE – Alejandro Carrillo, 38, of El Paso, Texas, was sentenced today in federal court in Las Cruces, N.M., to 46 months in prison followed by two years of supervised release for his methamphetamine trafficking conviction.
Carrillo was arrested on April 23, 2014, after a search by U.S. Border Patrol agents revealed that Carrillo had concealed bundles of methamphetamine in his tractor-trailer during a routine traffic stop on Interstate 25 near mile marker 14 in Doña Ana County, N.M. Carrillo was subsequently indicted on July 16, 2014, and charged with possession of methamphetamine with intent to distribute.
Carrillo entered a guilty plea to the indictment on Sept. 18, 2014, and admitted that on April 23, 2014, he possessed approximately 4.28 kilograms of methamphetamine which he picked up from an individual in El Paso, Texas, and was transporting to another individual in Denver, Colo. Carrillo also admitted that he was to be paid $4,000.00 for a successful delivery of the methamphetamine.
This case was investigated by the Las Cruces Homeland Security Investigations, the U.S. Border Patrol and the New Mexico Department of Public Safety. Assistant U.S. Attorney Edwin Garreth Winstead prosecuted the case.
Dubuque Duo Headed to Federal Prison for Meth FireRead the Press Release
Two Dubuque men who were responsible for an apartment fire caused by a failed methamphetamine cook were each sentenced today to lengthy stays in federal prison.
John Starks Sr., age 47, will spend 16 years in federal prison after his June 26, 2014 guilty plea to conspiracy to manufacture methamphetamine near a school. Casey Duhme, age 25, will serve almost 9 years in federal prison after his June 25, 2014 guilty plea to the same offense.
Sentencing documents and statements made at the sentencing hearings reflect that Starks and Duhme were both involved in attempting to manufacture methamphetamine in Starks’s apartment on White Street in Dubuque, in the early morning hours of February 20, 2014. The apartment was part of a multi-family apartment building, and was located directly across the street from an elementary school. Duhme and Starks each provided pseudoephedrine pills for the attempted manufacture of methamphetamine. Duhme purchased some of the pills himself and received additional pills from a friend. Starks received pills from multiple people, including his wife and adult son. Starks also directed an autistic individual—who did not understand the criminal nature of his actions—to purchase pills for Starks.
Their attempt to make methamphetamine caused a fire to erupt in the apartment. Starks, Duhme, and Starks’s wife fled the apartment. No one called 911 or alerted anyone about the fire. Just minutes after the trio left the apartment, a police officer doing routine patrol noticed smoke coming out of the building. The officer evacuated the other tenants just moments before the roof of the entire building collapsed. Due to fire and smoke damage, the entire building was rendered unsuitable for living. Multiple tenants suffered property loss and were left without a home. One tenant was treated at a hospital for smoke inhalation.
Starks and Duhme were sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Starks was sentenced to 192 months’ imprisonment. Duhme was sentenced to 105 months’ imprisonment. Each defendant was required to pay a $100 special assessment and must serve a six-year term of supervised released following their prison terms. Starks and Duhme were ordered to make $322,281 in restitution to victims of the offense, including the owner of the building, other tenants, and an insurance company. There is no parole in the federal system.
Starks and Duhme are being held in the United States Marshal’s custody until they can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Justin Lightfoot and investigated by the Dubuque Police Department, the Dubuque Fire Department, and the Dubuque Drug Task Force, which consists of the Dubuque Police Department and the Dubuque County Sheriff’s Department.
Court file information is available at https://ecf.iand.uscourts.gov/ cgi-bin/login.pl. The case file number is 14-cr-1009.
Follow us on Twitter @USAO_NDIA.
District Man Sentenced to 22 ½ Years in Prison for Obstruction of Justice and Related Charges Following Home Invasion Defendant Sought to Destroy EvidenceRead the Press Release
WASHINGTON – Darnell Mason, 22, of Washington, D.C., has been sentenced to 22 ½ years in prison for obstruction of justice and related charges in connection with actions he took following an armed home invasion, U.S. Attorney Ronald C. Machen Jr. announced.
Mason was found guilty by a jury of obstruction of justice, tampering with physical evidence, and other charges in December 2014, following a trial in the Superior Court of the District of Columbia. He was sentenced on Feb. 27, 2015 by the Honorable William M. Jackson. Following his prison term, Mason will be placed on five years of supervised release.
According to the government’s evidence at trial, a group of men, who were wearing ski masks, carried out the home invasion at about 2:30 a.m. on Oct. 3, 2013. They saw a taxicab dropping off the victim in the 5700 block of Blaine Street NE. They followed the victim into his home. Once inside, they held the victim, the victim’s fiancé, and the victim’s mother at gunpoint for approximately 40 minutes while they ransacked the home and stole various items. Those items included cash, electronics, and the fiancé’s engagement ring, which the fiancé unsuccessfully tried to hide from the defendants during the burglary.
The men left the home in two vehicles that belonged to the victims and deposited the proceeds from the burglary inside of a vacant home on Raleigh Street SE. Worried that the police might recover fingerprints from the vehicles they had stolen, the men then drove the vehicles into a field adjacent to an elementary school on Alabama Avenue SE, set the vehicles on fire, and retreated on foot to the vacant home on Raleigh Street SE.
One of the men was wearing a GPS tracking device in connection with his supervised release in an unrelated robbery case. Members of the Metropolitan Police Department (MPD) used data generated by that device to track the men to the home on Raleigh Street SE. The police barricaded the residence and ultimately arrested a group of men, including Mason, in or near the residence. The police also recovered most of the proceeds of the burglary, along with several ski masks, from the Raleigh Street home. The police did not recover the engagement ring.
The government’s evidence at trial showed that Mason, while incarcerated at the District of Columbia Jail, called an associate on two occasions and, using veiled language, instructed the associate to return to the attic of the Raleigh Street SE home and recover the gun that was used to commit the home invasion at Blaine Street NE. Despite repeated searches of the Raleigh Street SE residence by the police, that gun was never found.
After a four-week trial, the jury convicted Mason of multiple counts of destruction of property and tampering with physical evidence, in connection with the destruction of the victims’ vehicles. The jury also convicted Mason of two counts of obstruction of justice, in connection with Mason’s phone calls from jail. And the jury convicted Mason of unlawful entry, in connection with Mason’s hiding out in the Raleigh Street SE home. The jury was unable to reach a verdict, however, on the charges against Mason for the home invasion itself.
Two co-defendants earlier pled guilty to charges in the case.
In announcing the sentence, U.S. Attorney Machen praised the work of the detectives and officers who investigated the case for the Metropolitan Police Department. He also acknowledged the efforts of those who worked on the case for the U.S. Attorney’s Office, including Paralegals Richard Cheatham and Antoinette Sakamsa, Litigation Technology Specialists Aneela Bhatia and Leif Hickling, Victim/Witness Advocates Jim Brennan and Jennifer Clark, and former intern Harris Davidson. Finally, he commended Assistant U.S. Attorneys Ben Schrader and Karen Seifert, who investigated and prosecuted the case.
15-036
Deming Man Sentenced to Ten Years for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Matthew Peña, 29, of Deming, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to ten years in prison followed by four years of supervised release for his methamphetamine trafficking conviction.
Peña was arrested on Jan. 27, 2014, in Deming, N.M., on a two-count indictment charging him and co-defendants Rebecca Torres, 41, Anthony Perez, 40, both of Deming, N.M., and Robert Snow, now deceased, with distributing methamphetamine. Count 1 of the indictment charged Peña and Torres with distributing methamphetamine in Doña Ana County, N.M., on June 18, 2013, and Count 2 charged Peña, Snow and Perez with distribution of methamphetamine in Luna County, N.M., on July 3, 2013.
Peña and Perez both pled guilty to the indictment on May 14, 2014, without the benefit of plea agreements. Torres entered a guilty plea on April 18, 2014, and was sentenced on Aug. 28, 2014, to 10 months in federal prison. Perez remains detained pending his sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the FBI and the New Mexico HIDTA Regional Interagency Drug Task Force (RIDTF)/Metro Narcotics Task Force. Assistant U.S. Attorneys Maria Y. Armijo and Anna R. Wright of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
The HIDTA Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department and the Doña Ana County Sheriff’s Office. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Defendant from United Kingdom Extradited for Providing Material Support to and Receiving Military Training from Al Qaeda in the Arabian PeninsulaRead the Press Release
Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Preet Bharara for the Southern District of New York and Assistant Director-in-Charge Andrew G. McCabe of the FBI’s Washington, D.C. Office announced today the extradition of Minh Quang Pham, aka “Amin,” from the United Kingdom. Pham, a Vietnamese national, was indicted in 2012 on charges of providing material support to, and receiving military training from, al Qaeda in the Arabian Peninsula (AQAP), a designated foreign terrorist organization, as well as possessing and using a firearm in furtherance of crimes of violence, and other violations. Pham was presented yesterday before U.S. Magistrate Judge Andrew J. Peck, and will be arraigned tomorrow, March 4, 2015, before U.S. District Judge Alison J. Nathan.
“As alleged, Minh Quang Pham surreptitiously traveled from the UK to Yemen in late 2010 and received terrorist training by AQAP,” said U.S. Attorney Bharara. “During the half year he spent in Yemen, Pham allegedly vowed to wage jihad, swore bayat, and provided material support to high-level AQAP members, almost always brandishing a Kalashnikov rifle. Through the vigilance and investigative efforts of our British partners and the FBI, Pham is now in the U.S. to face American justice.”
“Today’s material support charges outline that Minh Quang Pham received military-style training and possessed weapons to commit crimes of violence on behalf of al Qaeda in the Arabian Peninsula,” said Assistant Director in Charge McCabe. “This investigation and subsequent extradition of Pham from the UK speaks to the level of commitment of the FBI and our national and international law enforcement and intelligence community partners to bring this dangerous terrorist to face justice in the United States."
According to the Indictment and extradition-related filings:
In December 2010, after informing his wife that he planned to travel to Ireland, Pham traveled from the United Kingdom, where he resided, to Yemen, the principal base of operations for AQAP. AQAP was designated by the U.S. Department of State as a foreign terrorist organization in January 2010 based, in part, on its claims of responsibility for attempted terrorist attacks against the United States. For example, AQAP claimed responsibility for the attempted Christmas Day bombing of a Detroit-bound passenger plane from Europe in 2009. Further, AQAP later claimed responsibility for an October 2010 plot to send explosive-laden packages on U.S.-bound cargo flights.
While in Yemen, Pham met a person who later became a cooperating witness for the United States (CW-1). CW-1 knew Pham as “Amin,” and met face-to-face with him at several AQAP safehouses in Yemen during March and April 2011. According to CW-1, CW-1 first learned about Pham via email correspondence with a now deceased United States citizen, who was a prominent AQAP member (American CC-1). CW-1 first met Pham at an AQAP safehouse in Yemen in or about March 2011, where CW-1 observed Pham carrying a Kalashnikov assault rifle. CW-1 stated that he observed Pham carrying the assault rifle throughout almost all of his interactions with Pham in Yemen. In conversations with CW-1, Pham told CW-1 that he had been trained in the use of the Kalashnikov assault rifle by AQAP while in Yemen. Further, Pham told CW-1 that he (Pham) had traveled to Yemen in order to join AQAP, to wage jihad on behalf of AQAP and to martyr himself for AQAP’s cause. Pham also told CW-1 that he (Pham) had sworn bayat in the presence of an AQAP commander prior to leaving Yemen.
CW-1 also witnessed Pham’s interactions with American CC-1 and a second United States citizen (American CC-2), also now deceased, who was also a prominent AQAP member. CW-1 observed PHAM working closely with American CC-1, who was responsible for editing and publishing Inspire magazine – an English-language publication used by AQAP to distribute propaganda and recruit individuals from Western cultures to join and/or support AQAP. In or about October 2010, AQAP released the second issue of Inspire magazine, which included a feature article entitled “I Am Proud to be a Traitor to America,” written by American CC-2. In addition, Pham told CW-1 that Pham was working with American CC-1 and that he (Pham) had spent time at no fewer than three AQAP safehouses. During CW-1’s time at the AQAP safehouses where Pham had also been, CW-1 also spoke with American CC-1 and American CC-2 about Pham and understood from them that Pham was providing valuable assistance to American CC-1 in connection with the production and editing of Inspire magazine.
On July 27, 2011, Pham returned to the United Kingdom. Upon his arrival at London’s Heathrow International Airport, United Kingdom authorities detained and searched Pham. Materials recovered from Pham at this time corroborate CW-1’s account of CW-1’s interactions with Pham while in Yemen. For example, CW-1 stated that, while in Yemen, CW-1 personally exchanged various electronic documents with Pham – and Pham was found in possession of various electronic media that contained computer files forensically identical to those possessed by CW-1. In addition, CW-1 reported that Pham almost always carried a Kalashnikov in Yemen – and upon his arrival in the United Kingdom from Yemen, Pham was found to be in possession of a live round of .762 caliber armor-piercing ammunition, which is consistent with ammunition that is used in a Kalashnikov assault rifle.
* * *
The indictment charges Pham with five separate counts: one count of conspiracy to provide material support to AQAP; one count of providing material support to AQAP; one count of conspiracy to receive military-type training from AQAP; one count of receiving military-type training from AQAP; and one count of using, carrying, and possession of a firearm (machine gun) in furtherance of crimes of violence (counts one though four).
If convicted on all counts, Pham faces a maximum sentence of life in prison, with a mandatory minimum sentence of 40 years in prison. The maximum sentences for each of the charges are reflected in the attached chart. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Pham, 32, was arrested in the United Kingdom on June 29, 2012, pursuant to a provisional arrest warrant issued by U.K. authorities pursuant to a request from the United States. Since that time, Pham has challenged his extradition to the United States. On Feb. 3, 2015, a court in the United Kingdom denied Pham’s challenge, and ordered him extradited to the United States. Pham arrived in the Southern District of New York on Feb. 26, 2015.
Assistant Attorney General Carlin joined U.S. Attorney Bharara in praising the extraordinary investigative work of the FBI’s Washington Field Office. He also expressed his gratitude to the New York Joint Terrorism Task Force – which principally consists of agents from the FBI and detectives from the New York City Police Department – for the critical role it played in the investigation. In addition, Assistant Attorney General Carlin and U.S. Attorney Bharara thanked the Department of Defense, and the British authorities, including New Scotland Yard and the Crown Prosecution Service, for their cooperation in the investigation. Finally, he expressed thanks for the invaluable work of the Office of International Affairs in pursuing Pham’s extradition from the United Kingdom.
This case is being handled by the Terrorism and International Narcotics Unit of the U.S. Attorney’s Office for the Southern District of New York. Assistant U.S. Attorneys Anna M. Skotko, Sean S. Buckley and Ian McGinley are in charge of the prosecution.
The charges contained in the Indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty.
Dallas Man Faces up to 10 Years in Federal Prison for Transporting Woman from Oklahoma to Texas to Engage in ProstitutionRead the Press Release
DALLAS — Justin Dishon Brathwaite, 27, of Dallas, Texas, appeared in federal court today before U.S. Magistrate Judge Renee Harris Toliver and pleaded guilty to one count of transportation of individuals to engage in prostitution, announced John Parker, Acting U.S. Attorney for the Northern District of Texas.
Brathwaite, who remains on bond, faces a maximum statutory penalty of 10 years in federal prison and a $250,000 fine. Sentencing is set for June 17, 2015, before U.S. District Judge Barbara M. G. Lynn.
According to documents filed in the case, in early May 2012, Brathwaite called 19-year-old “Jane Doe,” after seeing her on Backpage.com in Oklahoma City. Jane Doe and Brathwaite spoke on the phone for about two weeks, and Brathwaite invited her to come to Dallas to live with him. He promised to take care of her if she moved to Dallas to be with him and told her she should stop engaging in commercial sex acts. Jane Doe agreed to the move.
On May 12, 2012, Brathwaite drove from Dallas to Oklahoma City, picked up Jane Doe and returned to Dallas. Once they arrived in Dallas, Brathwaite told her she needed to begin immediately to make money for him, or he would drop her off somewhere and leave her. Jane Doe eventually agreed to work at a strip club and engage in commercial sex acts. Brathwaite posted ads featuring her on Backpage.com, and he made Jane Doe give him all of the proceeds from her commercial sex acts. Brathwaite took Jane Doe to various cities in Texas, including Denton, Killeen, Houston and Austin.
On June 12, 2012, the Dallas Police Department’s vice unit encountered Jane Doe in a hotel room in Dallas and arrested her for prostitution. The investigation led to Brathwaite’s involvement in her commercial sex acts.
The FBI investigated. Assistant U.S. Attorney Cara Foos Pierce is prosecuting.
Criminal Alien Sentenced to PrisonRead the Press Release
A Mexican man who unlawfully re-entered the United States after having been deported following his 2010 Tama County, Iowa, convictions for child endangerment and domestic abuse assault with a dangerous weapon, was sentenced today to serve 41 months in federal prison.
Luciano Garcia-Corona, 37, from Mexico, and most recently a resident of 430 Mesqwaki Road, Tama, Iowa, received the prison term after having pleaded guilty on November 21, 2014, to one count of unlawful re-entry following deportation as an aggravated felon, and one count of unlawful possession of identity documents.
Garcia-Corona was deported from the United States on December 28, 2011, following his 2010 convictions in Tama County, Iowa. Garcia-Corona had also been deported on December 15, 1999. Following each of his prior deportations, Garcia-Corona unlawfully returned to the United States and committed violent crimes. In April 2014, Garcia-Corona was convicted and sentenced in Tama County, Iowa, following convictions for arson in the third degree, domestic abuse assault, three counts of assault with a dangerous weapon, child endangerment, and identity theft.
Garcia-Corona was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Garcia-Corona was sentenced to 41 months’ imprisonment. A special assessment of $200 was imposed, and he was ordered to serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
At the sentencing hearing, Judge Reade noted Garcia-Corona’s violent criminal history; use of numerous aliases; prior lenient treatment by the state courts; history of immigration violations; and general lack of respect for the law.
Garcia-Corona 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 Richard L. Murphy and investigated by Homeland Security Investigations.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-76.
Follow us on Twitter @USAO_NDIA.
Concord Man Sentenced on Robbery and Gun ChargesRead the Press Release
CONCORD, NEW HAMPSHIRE – Benjamin Hugron, 33, of Concord, was sentenced on Monday in United States District Court for the District of New Hampshire to 17 years in prison on robbery and firearms charges, announced United States Attorney John P. Kacavas.
On August 8, 2013, Hugron walked into a Penacook, New Hampshire restaurant, pointed a firearm at the cashier, and demanded money, ultimately walking away with more than $300 in cash. One week later, on August 15, 2013, Hugron entered a Penacook, New Hampshire convenience store and again demanded money at gunpoint, making off with approximately $400 in cash and merchandise. At the time of the robberies, Hugron was on supervised release for a 2007 federal conviction, also for two robberies that he had committed in the New Hampshire area.
This prosecution arose from an investigation by the Concord, New Hampshire Police Department. This case was prosecuted by Assistant United States Attorneys Nick Abramson and Seth Aframe.
Colombian National Sentenced for Conspiring to Import Cocaine into the United StatesRead the Press Release
NORFOLK, Va. – German Dario Brand Piedrahita, 49, of Medellin, Colombia, was sentenced today to 144 months in prison, followed by five years of supervised release for conspiracy to manufacture and distribute cocaine for the purpose of importation into the United States.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:13-cr-122.
Dana J. Boente, United States Attorney for the Eastern District of Virginia; Karl C. Colder, Special Agent in Charge for Drug Enforcement Administration’s (DEA) Washington Office; and John S. Adams, Special Agent in Charge of the Federal Bureau of Investigation’s Norfolk Field Office, made the announcement after the plea was accepted by U.S. District Judge Raymond A. Jackson.
Piedrahita pleaded guilty on September, 23, 2014, to conspiracy to manufacture and distribute cocaine for the purpose of importation into the United States. According to court documents, Piedrahita, an associate of the Bacrim Los Urabeños, admitted to his role in the production of large quantities of cocaine in Colombia, and the subsequent transport of the cocaine to other members of the conspiracy for the eventual importation into the United States. Within the conspiracy, Brand Piedrahita was involved in purchasing cocaine base, producing cocaine, transporting loads of cocaine to the Colombian coast, and coordinating payment for various loads of cocaine. Brand Piedrahita also assisted in the construction of a cocaine production laboratory in the jungles of Colombia. All told, Brand Piedrahita was involved in the production and shipment of hundreds of kilograms of cocaine throughout the life of the conspiracy and was held accountable today for the production and distribution of 325 kilograms of cocaine.
This case was investigated by the Norfolk Resident Office and Bogota, Colombia Country Office of the Drug Enforcement Administration, the Federal Bureau of Investigation, and the Colombian National Police. Assistant U.S. Attorneys V. Kathleen Dougherty and Kevin M. Comstock are prosecuting the case.Charlotte Drug Cell Leader Sentenced to 20 Years in Prison for Heroin Trafficking ChargesRead the Press Release
CHARLOTTE, N.C. – On Monday, March 2, 2015, Chief U.S. District Judge Frank D. Whitney sentenced Hector Manuel Castaneda Gastelo, 31, of Mexico, to serve 240 months in prison on drug trafficking charges, announced Anne M. Tompkins, U.S. Attorney for the Western District of North Carolina. Gastelo pleaded guilty in May 2014 to conspiracy to distribute and to possess with intent to distribute heroin.
U.S. Attorney Tompkins is joined in making today’s announcement by John S. Comer, Acting Special Agent in Charge of the Atlanta Field Division of the Drug Enforcement Administration (DEA), which oversees the Charlotte District Office, Chief Rodney D. Monroe of the Charlotte-Mecklenburg Police Department, and Chief Rob Merchant of the Pineville Police Department.
According to filed court documents and today’s sentencing hearing, beginning in 2012 through September 2013, Gastelo was a Charlotte drug cell leader responsible for arranging bulk shipments of heroin from Mexico using a transportation network and couriers based out of Los Angeles. Court documents show that Gastelo also managed a group of lower-level conspirators who packaged and sold the heroin in Charlotte. According to court documents, Gastelo also facilitated the return of drug proceeds to Mexico. Filed documents indicate that Gastelo and his conspirators trafficked to the Charlotte area between 10 and 30 kilograms of heroin with a street value of more than $1 million dollars. Over the course of the investigation, law enforcement seized approximately $170,000 in cash, and almost 40 kilograms of heroin.
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF) that has resulted in the indictment of 14 defendants on heroin trafficking and money laundering charges. OCDETF is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
Other conspirators charged to date day in connection with this investigation are:
• Benjamin Villanueva Estrada – Pleaded guilty in 2014 to conspiracy to distribute and to possess with intent to distribute heroin and was sentenced in September 2014 to 78 months in prison and 2 years of supervised release.
• Carlos Lopez-Hernandez – Pleaded guilty to one count of misprision of a felony and re-entry by an illegal alien and was sentenced in January 2015 to 36 months in prison followed by one year of supervised release.
• Marcelino Rivera Vorquez – pleaded guilty in March 2014 to conspiracy to distribute and to possess with intent to distribute heroin and is pending sentencing.
• Fernando Hernandez – operated a heroin transportation group in Los Angeles and pleaded guilty in April 2014 to conspiracy to distribute and to possess with intent to distribute heroin and is pending sentencing.
• Yolanda Gonzalez – operated a heroin transportation group in Los Angeles and was convicted by jury in July 2014 of conspiracy to distribute and to possess with intent to distribute heroin and money laundering conspiracy and is pending sentencing.
• Lorenzo Gonzalez – Pleaded guilty in February 2015 to conspiracy to distribute and to possess with intent to distribute heroin and money laundering conspiracy and is pending sentencing.
• Steven Gonzalez - Pleaded guilty in January 2015 to conspiracy to distribute and to possess with intent to distribute heroin and money laundering conspiracy and is pending sentencing.
• Rigoberto Gonzalez– Pleaded guilty in February 2015 to conspiracy to distribute and to possess with intent to distribute heroin and money laundering conspiracy and is pending sentencing.
• Mahoud Barnabe Salame –Pleaded guilty in February 2015 to distribute and to possess with intent to distribute heroin and is pending sentencing.
• Jose Ivan Hernandez – Charged with conspiracy to distribute and to possess with intent to distribute at heroin and money laundering conspiracy and is currently awaiting trial.
• Jesus Viera – Has agreed to plead guilty to conspiracy to distribute and to possess with intent to distribute heroin.
• Gloria Isabell Ruiz-Pena Pleaded guilty to possession with intent to distribute heroin and is pending sentencing.
• Alberto Gasca - Arranged the transportation of heroin from Los Angeles and has pleaded guilty to conspiracy to distribute heroin. He is currently pending sentencing.
• Erik Estrada-Lopez- Has agreed to plead guilty to possession with intent to distribute heroin. A plea hearing date has not been set yet.Gastelo has been in federal custody since April 2013. He will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
The case was investigated by DEA in Charlotte, CMPD, and PPD. The prosecution is being handled by Assistant U.S. Attorney Elizabeth Greene of the U.S. Attorney’s Office in Charlotte.
Charlotte County Man Sentenced for False Tax Claims and Obstructing the Internal Revenue ServiceRead the Press Release
Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell has sentenced Armand J. Croteau (47, Punta Gorda) to 27 months in federal prison for filing false claims with the Internal Revenue Service and for corruptly obstructing or impeding the administration of the Internal Revenue Laws. Croteau pleaded guilty on July 2, 2014.
According to court documents, Croteau filed numerous false claims for tax years 2005 through 2009, seeking refunds totaling $1,918,118.88. He utilized the “1099-OID” (Original Issue Discount) anti-tax scheme to present fraudulent Forms 1040 and 1040X to the Internal Revenue Service (IRS), reporting excess withholding that was fabricated by him. He also made false reports on Forms 1099-OID and on the tax returns.
After being notified by the IRS that his income tax returns were frivolous, Croteau continued to file fraudulent income tax returns, and in order to obstruct or impede the administration of the internal revenue laws, he filed false liens against IRS personnel, recorded false documents with the Charlotte County Clerk of Courts, and submitted fraudulent instruments to the Department of the Treasury in an attempt to discharge his tax liabilities.
This case was investigated by the Internal Revenue Service - Criminal Investigation and the Treasury Inspector General for Tax Administration. It was prosecuted by Assistant United States Attorney Jeffrey F. Michelland.
Cedar Rapids Man Pleads Guilty to Wire Fraud and Identity TheftRead the Press Release
A man who unlawfully used another individual’s identity to apply for credit pled guilty today in federal court in Cedar Rapids.
Terry L. Gantt, age 28, from Cedar Rapids, was convicted of one count of wire fraud and one count of aggravated identity theft.
At the plea hearing, Gantt admitted that, between November 2012 and February 2013, he knowingly participated in a scheme to defraud by using another individual’s identity to apply for credit in the other individual’s name. Gantt used the other individual’s name and social security number to commit the offense.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Gantt remains in custody of the United States Marshal. Gantt faces a mandatory minimum sentence of 2 years’ imprisonment and a possible maximum sentence of 22 years’ imprisonment, a $500,000 fine, $200 in special assessments, and 4 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Jacob Schunk and was investigated by the United States Postal Inspection Service and the Cedar Rapids Police Department.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-142-LRR.
Follow us on Twitter @USAO_NDIA.
Brothers Sentenced for Methamphetamine TraffickingRead the Press Release
ROME, Ga. – Felix Moreno-Garcia and Fabian Pineda-Garcia have been sentenced for possessing over four pounds of methamphetamine with the intent to distribute.
“These brothers were significant contributors to the Northwest Georgia methamphetamine market,” said Acting U.S. Attorney John Horn. “Thankfully, DEA agents and the Lookout Mountain Drug Task Force successfully put an end to this family drug dealing business.”
Daniel R. Salter, the Special Agent in Charge of the DEA Atlanta Field Division stated, “These methamphetamine distributors were driven by greed and power. Today they stand powerless and will spend well-deserved time in prison. This case would not have been possible without the high level of cooperation between our law enforcement counterparts.”
According to Acting United States Attorney Horn, the charges and other information presented in court: In July 2012, the Lookout Mountain Judicial Circuit Drug Task Force (“Lookout Mountain Task Force”) initiated an investigation of a Mexican drug trafficking organization operating out of Chattooga County, Georgia. The Lookout Mountain Task Force developed an informant who provided information regarding Fabian Pineda-Garcia’s narcotics trafficking.
In August 2012, the DEA joined the investigation focusing on Fabian Pineda-Garcia’s brother, Felix Moreno-Garcia. Agents conducted a series of controlled purchases before successfully introducing an undercover officer to Moreno-Garcia in November 2013. Moreno-Garcia sold the undercover officer multi-ounce quantities of methamphetamine on several occasions. On March 19, 2014, Moreno-Garcia sold the undercover officer eight ounces of methamphetamine in the parking lot of the Wal-Mart in Trion, Georgia. Immediately after the sale, officers arrested Moreno-Garcia before he could leave the parking lot. Later that evening, agents executed search warrants at four locations, including a residence in Trion, Georgia. There, law enforcement officers discovered three and a half pounds of methamphetamine hidden under a mattress in a bedroom. Agents also located a 12-gauge shotgun in the corner of the bedroom. Agents arrested Fabian Pineda-Garcia and an unindicted coconspirator at the residence.
Both Moreno-Garcia and Pineda-Garcia were convicted of conspiring to distribute methamphetamine upon their pleas of guilty on November 19, 2014.
Felix Moreno-Garcia, 33, of Trion, Georgia, was sentenced to 15 years, four months in prison to be followed by five years of supervised release. Fabian Pineda-Garcia, 34, also of Trion, Georgia, was sentenced to ten years, one month in prison to be followed by five years of supervised release. Both were sentenced by United States District Judge Harold L. Murphy.
This case was investigated by the Drug Enforcement Administration and Lookout Mountain Judicial Circuit Drug Task Force.
Assistant United States Attorney C. Brock Brockington prosecuted the case.
The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.com.
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 Rome Division is http://www.justice.gov/usao/gan/.
Boston Woman Sentenced to Prison for Credit Card ScamRead the Press Release
CONCORD, NEW HAMPSHIRE – Lois Patricia Patton (a/k/a “Trida” and Lois Patton-Haynes), 45, of Boston was sentenced in United States District Court for the District of New Hampshire to 54 months in federal prison for conspiracy to commit wire fraud and aggravated identity theft in connection with her participation in a fraudulent credit card scheme, announced United States Attorney John P. Kacavas.
In April 2014, Patton conspired with others to purchase gift cards and high value merchandise at retail box stores in New Hampshire, Massachusetts and Georgia using retail credit card accounts and lines of credit that she and her co-conspirators opened in the names of others without their authorization or knowledge. Patton and others involved in the scheme opened the credit card accounts and lines of credit using misappropriated personal identifying information and false identification cards and used disguises to help facilitate some of the illegal transactions.
The investigation of Patton’s offenses was conducted and coordinated by the Boston office of the U.S. Secret Service and the Medway (Mass.) and Cambridge (Mass.) Police Departments. The Massachusetts State Police and local police departments in Acton, Ayer, Bedford, Boston, Brookline, Cohasset, Dover, Groton, Lincoln, Littleton, Medfield, Medford, Norton, Plymouth, Reading, Sudbury, Sutton, Tewksbury, Tyngsboro, Watertown, Wayland, Wellesley, Weston and Westwood, Massachusetts, and Hollis, New Hampshire, also assisted in the investigation. The case was prosecuted by Assistant U.S. Attorney Bill Morse.
Boston Bank Robber Pleads GuiltyRead the Press Release
BOSTON – A Boston area man pleaded guilty on Friday, Feb. 27, 2015, to robbing three banks in June 2014 and stealing over $18,000.
Edward Stone, 27, pleaded guilty to three counts of bank robbery after being indicted in July 2014. U.S. District Court Judge Denise J. Casper scheduled sentencing for June 4, 2015.
On June 7, 2014, Stone walked into a TD Bank in Braintree holding a notebook and approached the bank teller. He showed the teller a note written in the notebook demanding money in “Big Bills” [sic]. While speaking to the teller, he also threatened to “blow [her] head off” if she did not follow his instructions. Stone left the bank with $7,363 a minute after he entered. On June 12, 2014, Stone entered a TD Bank in Hingham at 11:24 a.m. Once again, he presented a note demanding money and told her, “This is a robbery. Give me the money.” Stone stole $3,796 from the bank. On June 20, 2014, Stone robbed the same TD Bank in Braintree for the second time. Stone approached a teller and once again demanded money. Stone left the bank forty seconds after entering with $7,098 in cash.
Following each robbery, the tellers and other witnesses identified Stone from a photo array, and police arrested him on June 25, 2014. After his arrest, Stone gave a videotaped confession in which he admitted to all three robberies.
The charge of bank robbery provides for a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000, and forfeiture of the proceeds of the crimes. According to a plea agreement, the parties agreed that Stone would recommend a sentence of no less than 72 months, and the government a sentence no greater than 92 months. 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; Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Chief Russell Jenkins of the Braintree Police Department; and Chief Michael Peraino of the Hingham Police Department, made the announcement. The case is being prosecuted by Assistant U.S. Attorney Brian A. Pérez-Daple of Ortiz’s Major Crimes Unit.
Black Hawk County Man Sentenced to 21 Months for Failing to Register as A Sex OffenderRead the Press Release
A man who failed to register as a sex offender was sentenced today to 21 months in federal prison.
Christopher Pate, age 44, of Cedar Falls, Iowa, received the sentence after a December 15, 2014 guilty plea to one count of failing to register as a sex offender. At the guilty plea hearing, Pate admitted that he moved from North Carolina to Iowa and did not register as a sex offender in Iowa. Pate was required to register because of his 2001 Black Hawk County conviction for sexual abuse in the third degree.
Pate was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Pate was sentenced to 21 months’ imprisonment. A special assessment of $100 was imposed, and Pate must also serve a five-year term of supervised release. He must comply with all sex offender registration and public notification requirements.
This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the United States Marshals Service, the Iowa Division of Criminal Investigation, and the Black Hawk County Sheriff’s Office.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 14-2050.
Follow us on Twitter @USAO_NDIA.
Anchorage Man Sentenced to Nine Years for Armed Bank RobberyRead the Press Release
Anchorage, Alaska-U.S. Attorney Karen Loeffler announced today that an Anchorage man was sentenced by Chief U.S. District Court Judge Ralph R. Beistline to serve a 108 month term of imprisonment for his commission of an armed bank robbery.
James Donald Surrells, 44, of Anchorage, Alaska, previously pled guilty to robbing a local branch of First National Bank Alaska (FNBA). As part of his plea, Surrells admitted his use of a handgun during the robbery and agreed that his sentence should be increased as a result of his gun possession.
Specifically, Surrells admitted that, on August 13, 2014, he donned a disguise and entered the bank armed with a handgun and a demand note. He took the note to one of the bank tellers and demanded money. When the teller leaned forward to see the note more clearly, Surrells showed her the butt of his handgun, which caused her to fear that he would kill or physically harm her if she did not comply with his demands. In total, Surrells was able to steal $1,210 before fleeing the bank.
Judge Beistline cited the victim’s plight in announcing the sentence, noting that Surrells’ actions put his own immediate desires above those of the victim, who was simply doing her job. Judge Beistline called the crime a “premeditated bank robbery with a gun” – noting that it took a great deal of planning to accomplish. The court also cited the defendant’s extensive criminal history, saying that such a past clearly demonstrates that Surrells disrespects the law whenever he is given a chance. Given those considerations, Judge Beistline felt it necessary to craft a sentence that protects the community and deters others from committing similar crimes in the future.
Following his prison term, Surrells will be on supervised release for a term of five years. He must also pay FNBA $1,210 in restitution. In announcing the sentence, Loeffler praised the work the Federal Bureau of Investigation and the Alaska State Troopers, whose investigation efforts led to Surrells’ arrest and conviction.
Alton Man Sentenced for Selling Crack CocaineRead the Press Release
The United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today that Steven Foster, 28, of Alton, Illinois was sentenced to 98 months in federal prison on Tuesday, March 3, 2015 for selling crack cocaine.
Foster pled guilty on July 25, 2014 to two counts of selling crack cocaine. According to evidence introduced at his change of plea hearing, Foster sold a gram of crack cocaine to a police informant in Alton on January 14, 2014, and again on January 15, 2014.
Under applicable federal sentencing guidelines, Foster was categorized as a "career offender," because of his two earlier state convictions for selling cocaine in 2011.
Foster has been continuously confined since his arrest in January, 2014.
The investigation which resulted in Foster’s arrest and conviction was conducted by the Alton Police Department.
The case was prosecuted by Assistant United States Attorney Robert L. Garrison.
Albuquerque Man Sentenced to Prison for Robbing New Mexico Educators Federal Credit Union in April 2014Read the Press Release
ALBUQUERQUE – James Patrick Verdream, 48, of Albuquerque, N.M., was sentenced this morning to 46 months in federal prison followed by three years of supervised release for his bank robbery conviction. He was also ordered to pay restitution to the New Mexico Educators Federal Credit Union, the victim of his crime.
Verdream was arrested on May 5, 2014, in Arizona on a criminal complaint charging him with robbing the New Mexico Educators Federal Credit Union located on Indian School Road in Albuquerque, N.M., on April 22, 2014. He was subsequently indicted on that same charge on May 21, 2014.
According to court filings, the bank was robbed on the afternoon of April 22, 2014, by a man who slid a hand written note demanding money to a bank teller. After the teller complied with the demand, the bank robber left the bank with the cash. Court filings indicate that the bank robber took a taxi cab to the bank and then left the bank a short time later in the same taxi cab. Verdream was identified as the bank robber with the aid of video surveillance from the bank as was as well as by the positive identification from the taxi driver and Verdream’s New Mexico Department of Corrections Probation and Parole officer.
Verdream entered a guilty plea to the indictment on Nov. 13, 2014.
This case was investigated by the Albuquerque office of the FBI and was prosecuted by Assistant U.S. Attorney Paul Mysliwiec.
Acoma Pueblo Man Pleads Guilty to Assaulting His Intimate PartnerRead the Press Release
ALBUQUERQUE – Hugh H. Poncho, 27, a member and resident of Acoma Pueblo, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to assaulting his intimate partner. Under the terms of his plea agreement Poncho will be sentenced to eight months in federal prison followed by a term of supervised release to be determined by the court.
Poncho was arrested on Sept. 15, 2014, on a criminal complaint charging him with assaulting an intimate partner by strangulation. According to the complaint, on Sept. 11, 2014, officers of the Acoma Pueblo Tribal Police Department responded to a report of assault occurring in Acoma Pueblo in Cibola County, N.M. The complaint alleged that Poncho assaulted the victim, an Acoma Pueblo woman, by punching, kicking, head-butting and strangling her.
During today’s proceedings, Poncho entered a guilty plea to a felony information and admitted assaulting the victim by pushing her and causing her to fall. Poncho also admitted kicking the victim on her legs, punching her in the face, and head-butting her in the forehead. Poncha acknowledged that the victim sustained temporary but substantial injuries as a result of the assault.
This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Acoma Pueblo Tribal Police Department, and is being prosecuted by Assistant U.S. Attorney Shammara H. Henderson.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
53-Year-Old Battle Creek Woman Sentenced to 30 Years for Producing Child PornographyRead the Press Release
GRAND RAPIDS, MICHIGAN – Lori Ann Roth, 53, of Battle Creek, Michigan, received the maximum possible sentence of 30 years in federal prison for producing pornography of a child less than 12 years old, U.S. Attorney Patrick Miles announced today. Roth pled guilty in November 2014 to sexually exploiting the child in a conspiracy with Brandon Schroth, 41, a serial child molester who traveled around the world abusing and photographing children between 2009 and 2011. Roth was also ordered to pay a $25,000 fine and will spend ten years on supervised release after completing her 30-year prison term.
Roth met Schroth in a chatroom, where they discussed with each other and numerous other people their shared sexual interest in children. After several years of communicating online and by phone, Schroth traveled to Michigan three times in 2009 and 2010 to meet Roth and molest a child together. Roth and Schroth went to hotels, brought adult lingerie for the child to wear, gave the child alcohol, and on one occasion put a prescription sleep aid in the child’s drink to facilitate the sexual abuse. Both Roth and Schroth engaged in sexual conduct with the child and took pictures. Schroth sent the pictures to others, and the images were eventually discovered on another person’s computer during a separate investigation in Atlanta, which led back to Schroth. In 2012, Schroth pled guilty in federal court in California to 12 counts of producing child pornography and aggravated sexual abuse of various children, and he is currently serving a 40-year sentence. In pleading guilty, Schroth provided information to law enforcement that led to the identification and prosecution of Roth.
In imposing the sentence, Chief U.S. District Judge Paul L. Maloney stated that in his more than 20 years on the bench he had difficulty finding “another instance of depravity lower than this one. The depravity of this defendant is beyond words.” Noting that Roth had no explanation for her conduct, he described her actions as heinous and declared that she “does not deserve to be among free citizens again.” Chief Judge Maloney recommended that she cooperate with mental health professionals while incarcerated to help them better understand child sex offenders.
The investigation was conducted by the FBI. Assistant U.S. Attorney Tessa K. Hessmiller prosecuted the case.
This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. The U.S. Attorney’s Office; county prosecutor’s offices; and federal, state, and local law enforcement are working closely together to locate, apprehend, and prosecute individuals who exploit children. Individuals with information or concerns about possible child exploitation should contact local law enforcement. For more information about Project Safe Childhood in West Michigan, including resources for children and parents, visit: /usao-wdmi/project-safe-childhood.
Monday 2 March 2015
Wheeling man sentenced to three years for unlawful possession of firearmsRead the Press Release
WHEELING, WEST VIRGINIA – Melvin B. Neff, 56, of Wheeling, West Virginia, was sentenced today to 37 months in prison for unlawful possession of firearms, United States Attorney William J. Ihlenfeld, II announced.
Neff was convicted in 1993 in the Court of Common Pleas of Washington County, Pennsylvania of the felony offense of “Violation of the Controlled Substance, Drug Device and Cosmetic Act.” As a result of the conviction, Neff was prohibited from possessing a firearm.
In June 2014, Neff was discovered in possession of eight firearms including five rifles, two shotguns, and a .45 caliber pistol. Neff pled guilty in December 2014 to one count of “Prohibited Person in Possession of a Firearm.”
Assistant U.S. Attorney Steve Vogrin prosecuted the case on behalf of the government. The Wheeling, West Virginia Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
Senior U.S. District Judge Frederick P. Stamp presided.
United States Settles False Claims Act Allegations Against Patient Safety Consultant and His CompaniesRead the Press Release
Dr. Charles Denham, of Laguna Beach, California, has agreed to pay the United States $1 million to settle allegations that he violated the False Claims Act by soliciting and accepting kickbacks, the Justice Department announced today. Denham is a patient safety consultant who operates the consulting company Health Care Concepts Inc. and the research organization Texas Medical Institute of Technology, both of which are also parties to the settlement. In 2009 and 2010, Denham was co-chair of the Safe Practices Committee of the National Quality Forum.
“Kickback schemes undermine the integrity of medical decisions, subvert the health marketplace and waste taxpayer dollars,” said Acting Assistant Attorney General Benjamin C. Mizer of the Justice Department’s Civil Division. “Doctors and other health care professionals who accept illegal inducements undermine the public’s trust in federal health care programs and will continue to be the focus of our enforcement efforts.”
The settlement resolves allegations that, under agreements entered into in 2008, Denham received monthly payments from CareFusion Corporation while serving as the co-chair of the Safe Practices Committee, which reviews, endorses and recommends standardized healthcare performance measures and practices. The United States contended that Denham did not disclose to the committee, or any other individual or component of the National Quality Forum, that he was receiving payments from CareFusion. The United States further contended that Denham solicited and received these payments in exchange for influencing the recommendations of the National Quality Forum and for recommending, promoting and/or arranging for the purchase of CareFusion’s product, ChloraPrep, in violation of the Federal Anti-Kickback Statute. The United States alleged that this conduct caused the submission of false or fraudulent claims for ChloraPrep to federal health care programs.
“Quality and patient safety must drive medical recommendations,” said Inspector General Daniel R. Levinson of the U.S. Department of Health and Human Services’ Office of Inspector General (HHS-OIG). “Doctors that put profits ahead of this core value must be held accountable. Dr. Denham and his two businesses will be excluded from Medicare, Medicaid and all federal health programs as part of this settlement.”
This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $23.8 billion through False Claims Act cases, with more than $15.2 billion of that amount recovered in cases involving fraud against federal health care programs.
The settlement was the result of a coordinated effort among the Civil Division, the U.S. Attorney’s Office for the District of Kansas and the HHS-OIG.
The claims resolved by the settlement are allegations only; there has been no determination of liability.
Traverse City Man Charged with Fraud in Connection with Foreign Currency Trading OperationRead the Press Release
GRAND RAPIDS, MICHIGAN – Jerry M. Stauffer, 66, of Traverse City, Michigan has been indicted on charges of wire fraud and money laundering, U.S. Attorney Patrick Miles announced today.
The indictment alleges that Stauffer engaged in a fraudulent scheme between 2009 and 2015, with approximately $1,500,000 in funds obtained from approximately 15 individuals living in Traverse City and elsewhere. Stauffer allegedly advised these individuals that he could earn substantial profits with invested funds by trading in fluctuations in foreign currencies. In fact, the indictment alleges, Stauffer engaged in wire fraud by using the money given to him for his own purposes, or to pay “interest” to other investors in the manner of a Ponzi scheme. A fraudulent scheme that employs an interstate communication to make it succeed is punishable under the federal wire fraud statute, which carries a maximum penalty of 20 years in prison.
The indictment also alleges that Stauffer used a portion of the money he obtained as a result of the wire fraud scheme to purchase a boat. Any person who knowingly employs a financial institution to engage in a monetary transaction involving fraudulent proceeds over $10,000 is guilty of money laundering. The federal money laundering statute carries a maximum penalty of 10 years in prison.
The indictment seeks the forfeiture of approximately $60,000 in funds previously seized by federal agents in connection with the investigation.
Stauffer was brought before U.S. Magistrate Judge Phillip J. Green on for his initial appearance today and released on bond pending trial. Trial of the case has been assigned to U.S. District Judge Robert J. Jonker. No trial date has yet been set. Traverse City FBI and IRS offices are investigating the case. AUSA Timothy VerHey is prosecuting it. Those who believe they may be victims but have not yet been in contact with law enforcement should contact the FBI at 231-946-7201, or IRS at 231-932-2074.
The charges in an indictment are merely accusations, and a defendant is presumed innocent until and unless proven guilty in a court of law.
Tax Fraud SentenceRead the Press Release
The United States Attorney for the Southern District of Alabama, Kenyen R.
Brown, announces that Samantha Davison was sentenced for theft of public money for
her role in a scheme in filing fraudulent tax returns and obtaining refund money. Judge
Kristi Dubose sentenced Davison to serve a sentence of six months imprisonment
followed by six months home confinement while on three years of supervised release.
The defendant was also ordered to pay $7,068 in restitution and a $100 Special
Assessment. This case was investigated by the Internal Revenue Service. The case was
prosecuted by the United States Attorney’s Office for the Southern District of Alabama,
AUSA Maria E. Murphy.
Synthetic Drug Sales Send A Mother and Her Son to Federal PrisonRead the Press Release
A mother and her son who were convicted of selling synthetic cannabinoids (commonly known as “K2”) and synthetic cathinones (commonly known as “bath salts”) from two eastern Iowa businesses were sentenced today in federal court in Cedar Rapids to [several years in] federal prison.
“Synthetic drugs are illegal and present a grave danger to our community, particularly our children,” said United States Attorney Kevin Techau. “Iowans can be very proud of the hard work and cooperation by federal, state and local law enforcement that brought these important cases to a successful conclusion.”
“The manufacture, sale, and abuse of synthetic drugs represents a clear and detrimental danger to our society,” said Drug Enforcement Administration (DEA) Resident Agent in Charge Scott Smith. “These substances serve no legitimate purpose other than to generate a powerful intoxication for the user while generating enormous illicit profits for the criminal organizations who pander them. These powerful chemicals are generally manufactured and produced in a foreign laboratory environment without safety protocols nor concerns for their potential negative effects which ultimately leaves the users at great risk of death.”
“It is DEA’s global footprint pledge, with the assistance of our law enforcement partners, to remain vigilant in our pursuit of identifying, investigating, arresting, and seizing any illicit assets from those criminal organizations who continue to circumvent the law by producing, transporting, and distributing synthetic drugs. Today’s announcement represents the culmination of months of teamwork between state, local, and federal partners. It should serve notice to any criminal organization operating with a nexus to Iowa that law enforcement will not obscurely stand in the shadows, but rather will utilize all available resources to bring them to justice and hold them accountable for their actions.”
The Ramos’s Convictions and Sentences
Mary Ann Ramos, age 53, from Evansdale, Iowa, received the prison term after a June 26, 2014, jury verdict finding her guilty of four counts: (1) distribution of the synthetic drug XLR-11; (2) distribution of the synthetic drug alpha-PVP; (3) possession with intent to distribute XLR-11; and (4) possession with intent to distribute alpha-PVP. The jury acquitted Mary Ramos of a charge of possessing a firearm in furtherance of a drug crime. Mary Ramos was sentenced by United States District Court Chief Judge Linda R. Reade to 60 months’ imprisonment to be followed be a 3-year term of supervised release. She was also ordered to pay a special assessment of $400.
Earl James Ramos, age 26, from Evansdale, Iowa, received the prison term after a June 13, 2014, guilty plea to one count of distributing the controlled substance analogue pentedrone. Earl Ramos was sentenced by Chief Judge Reade to 57 months’ imprisonment to be followed be a 3-year term of supervised release. He was also ordered to pay a special assessment of $100.
There is no parole in the federal system. Both Mary Ramos and Earl Ramos are being held in the United States Marshal’s custody until they can be transported to federal prison.
The Dangers of Synthetic Drugs
According to information disclosed at a January 23, 2015, sentencing hearing, synthetic drugs present a significant threat to public safety.
Synthetic cannabinoids are substances synthesized in laboratories that mimic the biological effects of THC, the main psychoactive ingredient in marijuana. These chemicals were initially used in the 1980s as research tools to develop novel therapies for various clinical conditions. Other synthetic cannabinoids were synthesized in the mid-1990s and studied to further advance the understanding of drug-receptor interactions regarding the cannabinoid system. Drug traffickers have diverted these research chemicals from their former, legitimate, use, for sale to users seeking to obtain a high. Adverse effects of synthetic cannabinoids on the human body include hallucinations, paranoia, tachycardia, and even death. Due to their sometimes professional-looking packaging, nominal ingredient lists, availability at otherwise-legitimate storefronts, and false marketing as a legal or safe form of marijuana, customers often incorrectly assume the synthetic cannabinoid products are legal or otherwise safe to consume. The drug traffickers frequently mislabel the packages of synthetic cannabinoids as “potpourri” or “incense” and incorrectly assume that marking the packages as “not for human consumption” provides a legal defense to criminal prosecution.
For the past several years, there has also been a growing use of, and interest in, synthetic cathinones sold under the guise of “bath salts” or “plant food.” These products are comprised of a class of dangerous substances perceived to mimic cocaine, LSD, MDMA, and/or methamphetamine. Users have reported impaired perception, reduced motor control, disorientation, extreme paranoia, and violent episodes. The long-term physical and psychological effects of use are unknown but potentially severe. The American Association of Poison Control Centers reported 2,656 calls related to synthetic cathinone (“bath salts”) exposures in 2012 and overdose deaths have been reported as well.
These products have become increasingly popular, particularly among teens and young adults and those who mistakenly believe they can bypass the drug testing protocols of employers and government agencies to protect public safety. They are sold at a variety of retail outlets, in head shops, and over the Internet. However, they have not been approved by the Food and Drug Administration (FDA) for human consumption or for medical use, and there is no oversight of the manufacturing process.
The Ramos’s Offenses of Conviction
The evidence at Mary Ramos’ June 2014 trial showed that Mary Ramos sold a drug called XLR-11 under various brand names including “Mister Nice Guy,” “Mr. Happy,” “Diablo,” “Insane,” “Hydro,” “LOL,” and “777.” XLR-11 is a synthetic cannabinoid similar to THC, but the substances were labeled as incense or potpourri, and labeled as “not for human consumption.” Evidence at trial showed Ramos sold the XLR-11 products from a store where she worked in Cedar Rapids and offered smoking papers along with the XLR-11 products she sold to undercover officers. The evidence also showed Ramos charged about $25 for a single package of purported “incense.”
Ramos also sold a drug called Alpha-PVP under the brand name “Blue.” Alpha-PVP is a form of synthetic cathinone, which is a stimulant similar to methamphetamine or cocaine. The “Blue” substance was falsely labeled as scouring powder, and sold by Ramos for $50 per jar, despite the fact that Alpha-PVP has no cleaning properties. Each $50 jar of “Blue” contained less than half a gram of powder. A witness at trial testified that using “Blue” was just like using methamphetamine.
At the time Ramos sold and possessed the Alpha-PVP, that substance was an illegal controlled substance analogue under federal law. The term “controlled substance analogue” refers to a substance that is chemically similar to, and has substantially similar or greater effects on humans than a substance in Schedule I or II of the Controlled Substances Act. Controlled substance analogues are illegal under federal law if intended for human consumption. The evidence at trial showed Ramos not only sold the synthetic drugs from a store where she worked in Cedar Rapids, but also sold the “bath salts” and “K2” from her car to a confidential informant during the nighttime.
(The above images depict packages of “Blue” possessed by Mary Ramos).
Earl James Ramos was convicted of distributing pentedrone, another synthetic “bath salt,” from a convenience store he managed in Waterloo. At the time he sold the pentedrone, it was an illegal controlled substance analogue under federal law.
Court documents reflect that Earl Ramos was the manager of the Five Star Snacks and I‑Wireless store in Waterloo, Iowa. Beginning in at least 2012, Earl Ramos began selling synthetic drugs from the Five Star Snacks store and from other locations at the request of certain customers. Earl Ramos sold synthetic cannabinoid products with the brand names of “Mr. Nice Guy,” “KMA,” “LOL,” “Caution,” “California Dreams,” “Diablo,” “Hydro Kush,” “King Kong,” “Mr. Happy,” “Insane,” and “Hydro 777.” Earl Ramos sold synthetic cathinones under the brand names of “Diamond,” “White Angel,” “Pump It,” and “Blue.” The substance contained in the containers of “Diamond” and “Pump It” was pentedrone. The substances contained in the containers of “Blue” were Alpha-PVP. Earl Ramos’s store and home were searched in June 2013 and again in March 2014. During both searches, agents seized synthetic cannabinoids and synthetic cathinones, as well as firearms.
The Organized Crime Drug Enforcement Task Force and Project Synergy
The Ramos cases were investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the DEA Task Force consisting of the DEA, the Linn County Sheriff's Office, the Cedar Rapids Police Department, the Marion Police Department, the Iowa Division of Narcotics Enforcement, and the Sixth Judicial District Department of Correctional Services; the Tri-County Drug Enforcement
Task Force; the Federal Bureau of Investigation (FBI); the Department of Homeland Security; the Internal Revenue Service (IRS); and the Iowa Division of Criminal Investigation, Intelligence Division.
Search warrants executed at the Ramos’s homes and businesses in June 2013 were conducted as part of Project Synergy, a global takedown of synthetic drug manufacturers and distributors. In Project Synergy enforcement actions between December 2012 and June 2014, more than 227 arrests were made and 416 search warrants served in 35 states, 49 cities and five countries, along with more than $51 million in cash and assets seized. Altogether, 9,445 kilograms of individually packaged, ready-to-sell synthetic drugs, 299 kilograms of cathinone drugs (the falsely labeled “bath salts”), 1,252 kilograms of cannabinoid drugs (used to make the so-called “fake pot” or herbal incense products), and 783 kilograms of treated plant material were seized. Project Synergy was coordinated by DEA’s Special Operations Division, working with the DEA Office of Diversion Control, and included cases led by DEA, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI), the FBI, and the IRS. In addition, law enforcement in Australia, Barbados, Panama, and Canada participated, as well as a multitude of state and local law enforcement members.
The Ramos cases were prosecuted by Assistant United States Attorney Dan Chatham.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number for Mary Ramos is 13-CR-2034-LRR. The case file number for Earl Ramos is 14-CR-2014-LRR.
Follow us on Twitter @USAO_NDIA.
Statement by Attorney General Holder Following Meeting with Bipartisan Coalition for Criminal Justice ReformRead the Press Release
Attorney General Eric Holder released the following statement Monday after he and Acting Deputy Attorney General Sally Yates met with representatives from the Coalition for Public Safety, a bipartisan organization dedicated to pursuing reform of the nation’s criminal justice system:
“In our ongoing effort to reform our criminal justice system, the formation of a coalition this ideologically diverse represents an important milestone unto itself. Though different concerns may bring us to the table – whether it be the skyrocketing costs of incarceration, or the unfair disparities seen in our prison population – the important thing is the broad consensus in favor of action on this issue. The Justice Department has made real gains in reforming our sentencing policies and reducing the federal prison population, but more work remains to be done. Even at a time of gridlock in Washington, I am actually quite optimistic that criminal justice reform is one issue around which we can unite and make a true difference.”
Springfield Man, Woman Plead Guilty to Drug-trafficking, Prostitution Conspiracies, Illegal FireamsRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a Springfield, Mo., man and woman have pleaded guilty in federal court to their roles in conspiracies to distribute cocaine and crack cocaine in Boone County, Mo., and to promote prostitution in Boone County.
Ryan D. Wright, 39, and Courtnie Lea Goins, 25, both of Springfield, Mo., pleaded guilty in separate appearances before U.S. Magistrate Judge Matt J. Whitworth on Feb. 25, 2015, to the charges contained in a Nov. 5, 2014, federal indictment.
By pleading guilty, Wright admitted that he participated in a conspiracy to distribute cocaine and crack cocaine in Boone County from Jan. 2 to Aug. 6, 2014. Wright also pleaded guilty to participating in a prostitution conspiracy and to being a felon in possession of firearms and ammunition. Goins pleaded guilty to her role in a conspiracy to use telephones to promote prostitution.
Wright and Goins admitted they traveled to Columbia, Mo., in the spring of 2014. Wright had previously communicated with a co-conspirator in Columbia, from whom he had purchased quantities of cocaine. The co-conspirator explained to Wright how to conduct the business of distributing controlled substances, and asked Wright to supply him with a different type of employee for his prostitution business. Wright supplemented his regular income with revenue from female prostitutes. During their phone conversations, Wright agreed to bring Goins with him to Columbia for the co-conspirator to meet and ultimately to try and employ as a prostitute. During that visit, Goins and the co-conspirator both used cocaine and spent the night together.
When Wright and Goins returned to Springfield, they carried with them some cocaine Wright had received from the co-conspirator, which Wright converted and distributed in Springfield as crack cocaine.
On July 15, 2014, Wright and Goins drove to Columbia again in order for Wright to pick up some cocaine and to leave Goins there. While in Columbia, Goins agreed to have sexual intercourse with a friend of the co-conspirator, for which she would receive money in return. The friend paid Goins approximately $250 in return for sexual intercourse. Afterwards, the co-conspirator gave Goins some cocaine, which they both used.
Wright admitted that he received approximately half a pound of cocaine powder, which he converted into at least 112 grams of crack cocaine and distributed.
When Wright was arrested on Nov. 13, 2014, he was in possession of a Taurus .357-caliber revolver, a Ruger .38-caliber revolver and ammunition. Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearms or ammunition. Wright has prior felony convictions for arson and possession of a controlled substance.
Under federal statutes, Wright is subject to a mandatory minimum sentence of five years in federal prison without parole, up to a sentence of 55 years in federal prison without parole. Goins is subject to a sentence of up to five years in federal prison without parole. Sentencing hearings will be scheduled after the completion of presentence investigations by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Anthony P. Gonzalez. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, IRS-Criminal Investigation, the Columbia, Mo., Police Department, the Boone County, Mo., Sheriff’s Department, the U.S. Marshal’s Service, MUSTANG (the Mid-Missouri Unified Strike Team and Narcotics Group), the Drug Enforcement Administration and the Boone County, Mo., Prosecuting Attorney’s Office.
Somerset County, New Jersey, Man Sentenced to 10 Months in Prison for Failing to Report more than $500,000 in IncomeRead the Press Release
TRENTON N.J. – The owner of a Manhattan pizzeria was sentenced today to 10 months in prison for filing tax returns in which he underreported more than $500,000 that he kept for his personal benefit, U.S. Attorney Paul J. Fishman announced.
Amadeus Manata, 57, of Warren, New Jersey, previously pleaded guilty before U.S. District Judge Michael A. Shipp to an information charging him with one count of subscribing to false personal federal income tax returns. Judge Shipp imposed the sentence today in Trenton federal court.
According to documents filed in this case and statements made in court:
For the tax years 2005 through 2007, Manata filed individual income tax returns in which he claimed to report all of his income from his pizzeria, Pizza Pasta Etc. However, he intentionally omitted $563,343 in cash he had diverted from the businesses for his personal use, resulting in a tax loss to the United States of $190,712.
In addition to the prison term, Judge Shipp sentenced Manata to serve one year of supervised release and ordered him to pay a fine of $10,000. As part of his guilty plea, Manata agreed to make full restitution to the IRS for all losses resulting from his false tax returns.
U.S. Attorney Fishman credited special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Jonathan D. Larsen, for the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Lakshmi Srinivasan Herman of the U.S. Attorney’s Office Economic Crimes Unit.
15-072
Defense Counsel: Arthur Zucker Esq., Hackensack, New Jersey
Sixteen People Resentenced for Obstructing the Investigation of Assaults on Practitioners of the Amish ReligionRead the Press Release
Sixteen people were resentenced today for crimes arising out of a series of assaults on practitioners of the Amish religion announced Acting Assistant Attorney General Vanita Gupta of the Civil Rights Division, U.S. Attorney Steven M. Dettelbach of the Northern District of Ohio and Special Agent in Charge Stephen Anthony of the FBI Cleveland Office.
The defendants all reside in Bergholz, Ohio, unless otherwise noted. Samuel Mullet, 69, received a prison sentence of 129 months. Johnny S. Mullet, 41; Lester Mullet, 30, of Hammondsville, Ohio; Levi F. Miller, 56; and Eli M. Miller, 35, received 60 months. Daniel S. Mullet, 40; Lester Miller, 40; and Emanuel Schrock, 46, received 43 months. Raymond Miller, 30, of Irondale, Ohio; Linda Shrock, 47; Freeman Burkholder, 34, of Irondale; Anna Miller, 35; Elizabeth A. Miller, 40, of Irondale; Emma J. Miller, 40; Kathryn Miller, 25, of Irondale; and Lovina Miller, 35, all of whom had already completed previously-imposed prison sentences, received time served.
A jury found the defendants guilty in 2012 following a lengthy trial. All of the defendants were found guilty of conspiracy to obstruct justice. Eli Miller, Lester Mullet, and Levi Miller were also found guilty of concealing evidence. Samuel Mulllet Sr., was convicted of concealing evidence and making false statements to federal investigators. The convictions stem from five separate assaults that occurred in four Ohio counties between September and November 2011 and from the defendants’ efforts to conceal a camera and photographs that documented the assaults The photographs depicted some of the defendants in the act of assaulting one of the victims and depicted the injuries and humiliation of others. The defendants intended to use the photographs to show other members of the community what they had done to the victims.
All of the defendants were also convicted of conspiracy to violate the Matthew Shepard-James Byrd Hate Crimes Prevention Act, which prohibits any person from willfully causing bodily injury to any person—or attempting to do so by use of a dangerous weapon—because of the actual or perceived religion of that person, as well as for obstruction of justice by witness tampering and the destruction or concealment of evidence.
The jury also convicted various groups of defendants with separate assaults.
The appeals court subsequently overturned the conspiracy to violate the Shepard-Byrd Hate Crimes Prevention Act, as well as the convictions for the separate assaults, citing an incorrect jury instruction. The other convictions were not affected by the appeals court decision.
Samuel Mullet Sr. was the Bishop of the Amish community in Bergholz, while the remaining defendants are all members of that community. Mullet Sr. exerted control over the Bergholz community by taking the wives of other men into his home, and by overseeing various means of disciplining community members, including corporal punishment, according to trial testimony.
The assaults all entailed using scissors and battery-powered clippers to forcibly cut or shave the beard hair of the male victims and the head hair of the female victims. During each assault, the defendants restrained and held down the victims. During some of the assaults, the defendants injured individuals who attempted to intervene to protect or rescue the victims. Following the attacks, some of the defendants participated in discussions about concealing photographs and other evidence of the assaults, according to evidence presented at trial. At today’s hearing, the District Court judge found that the assaults were motivated by religion and the defendants’ obstruction was aimed at preventing law enforcement investigators from discovering the true nature the assaults.
“The Justice Department will always fight to hold accountable those who commit religiously-motivated hate crimes,” said Acting Assistant Attorney General Gupta. “We hope that the prosecution of those responsible for the assaults and the obstruction in this case will help bring closure to those affected by these intolerable crimes.”
“From day one, this case has been about the rule of law and defending the right of people to worship in peace,” said U.S. Attorney Dettelbach. “This was never about ‘haircuts.’ These were violent, religiously motivated home invasions that left the victims bloody, bruised and beaten. These defendants struck at two of our nation's bedrock principles – freedom of religion and the sanctity of the court system."
This case was investigated by the Cleveland Division of the FBI and was prosecuted by Deputy Chief Kristy Parker of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorneys Thomas Getz and Bridget M. Brennan of the U.S. Attorney’s Office for the Northern District of Ohio. The prosecutor’s and sheriff’s offices from Holmes, Carroll, Jefferson and Trumbull counties also provided significant assistance in the investigation and prosecution of this case.
Sixteen People Resentenced for Obstructing Investigation into Attacks on Practioners of the Amish FaithRead the Press Release
Sixteen people were resentenced today for crimes arising out of a series of assaults on practitioners of the Amish religion announced Acting Assistant Attorney General Vanita Gupta of the Civil Rights Division, U.S. Attorney Steven M. Dettelbach of the Northern District of Ohio and Special Agent in Charge Stephen Anthony of the FBI Cleveland Office.
The defendants all reside in Bergholz, Ohio, unless otherwise noted. Samuel Mullet, 69, received a prison sentence of 129 months. Johnny S. Mullet, 41; Lester Mullet, 30, of Hammondsville, Ohio; Levi F. Miller, 56; and Eli M. Miller, 35, received 60 months. Daniel S. Mullet, 40; Lester Miller, 40; and Emanuel Schrock, 46, received 43 months. Raymond Miller, 30, of Irondale, Ohio; Linda Shrock, 47; Freeman Burkholder, 34, of Irondale; Anna Miller, 35; Elizabeth A. Miller, 40, of Irondale; Emma J. Miller, 40; Kathryn Miller, 25, of Irondale; and Lovina Miller, 35, all of whom had already completed previously-imposed prison sentences, received time served.
A jury found the defendants guilty in 2012 following a lengthy trial. All of the defendants were found guilty of conspiracy to obstruct justice. Eli Miller, Lester Mullet, and Levi Miller were also found guilty of concealing evidence. Samuel Mulllet Sr., was convicted of concealing evidence and making false statements to federal investigators. The convictions stem from five separate assaults that occurred in four Ohio counties between September and November 2011 and from the defendants’ efforts to conceal a camera and photographs that documented the assaults The photographs depicted some of the defendants in the act of assaulting one of the victims and depicted the injuries and humiliation of others. The defendants intended to use the photographs to show other members of the community what they had done to the victims.
All of the defendants were also convicted of conspiracy to violate the Matthew Shepard-James Byrd Hate Crimes Prevention Act, which prohibits any person from willfully causing bodily injury to any person—or attempting to do so by use of a dangerous weapon—because of the actual or perceived religion of that person, as well as for obstruction of justice by witness tampering and the destruction or concealment of evidence.
The jury also convicted various groups of defendants with separate assaults.
The appeals court subsequently overturned the conspiracy to violate the Shepard-Byrd Hate Crimes Prevention Act, as well as the convictions for the separate assaults, citing an incorrect jury instruction. The other convictions were not affected by the appeals court decision.
Samuel Mullet Sr. was the Bishop of the Amish community in Bergholz, while the remaining defendants are all members of that community. Mullet Sr. exerted control over the Bergholz community by taking the wives of other men into his home, and by overseeing various means of disciplining community members, including corporal punishment, according to trial testimony.
The assaults all entailed using scissors and battery-powered clippers to forcibly cut or shave the beard hair of the male victims and the head hair of the female victims. During each assault, the defendants restrained and held down the victims. During some of the assaults, the defendants injured individuals who attempted to intervene to protect or rescue the victims. Following the attacks, some of the defendants participated in discussions about concealing photographs and other evidence of the assaults, according to evidence presented at trial. At today’s hearing, the District Court judge found that the assaults were motivated by religion and the defendants’ obstruction was aimed at preventing law enforcement investigators from discovering the true nature the assaults.
“From day one, this case has been about the rule of law and defending the right of people to worship in peace,” said U.S. Attorney Dettelbach. “This was never about ‘haircuts.’ These were violent, religiously motivated home invasions that left the victims bloody, bruised and beaten. These defendants struck at two of our nation's bedrock principles – freedom of religion and the sanctity of the court system."
“The Justice Department will always fight to hold accountable those who commit religiously-motivated hate crimes,” said Acting Assistant Attorney General Gupta. “We hope that the prosecution of those responsible for the assaults and the obstruction in this case will help bring closure to those affected by these intolerable crimes.”
This case was investigated by the Cleveland Division of the FBI and was prosecuted by Assistant U.S. Attorneys Thomas Getz and Bridget M. Brennan of the U.S. Attorney’s Office for the Northern District of Ohio and Deputy Chief Kristy Parker of the Civil Rights Division’s Criminal Section. The prosecutor’s and sheriff’s offices from Holmes, Carroll, Jefferson and Trumbull counties also provided significant assistance in the investigation and prosecution of this case.
Six sentenced for drug traffickingRead the Press Release
MARTINSBURG, WEST VIRGINIA – Six individuals were sentenced in federal court today on drug trafficking charges, United States Attorney William J. Ihlenfeld, II, announced today.
Jomo Kenyatta Morris, 25, of Martinsburg, West Virginia, was sentenced today to 30 months in prison for cocaine trafficking in Berkeley County, West Virginia in January 2014. He pled guilty in November 2014 to one count of “Possession with Intent to Distribute Cocaine Base” following an investigation by the Eastern Panhandle Drug and Violent Crime Task Force, a HIDTA-funded initiative.
Five individuals were sentenced today for their role in manufacturing methamphetamine in Hampshire County, West Virginia following an investigation by the Potomac Highlands Drug and Violent Crime Task Force. Larry Franklin Gregory, 39, of Delray, West Virginia, pled guilty in December 2014 to one count of “Distribution of Methamphetamine.” He was sentenced today to 60 months in prison. Cathy Ann Corbin, 51, Sherry Lynn Woodson, 50, Kelly Christine Gross, 46, and Amanda Marie Matthews, 36, all of Romney, West Virginia each pled guilty in December 2014 to one count of “Possession of Pseudoephedrine to be Used in the Manufacture of Methamphetamine.” Woodson was sentenced to 15 months in prison. Gross was sentenced to 10 months in prison. Matthews was sentenced to 8 months in prison. Corbin was sentenced to five years of probation.
Assistant U.S. Attorney Jarod Douglas prosecuted the cases on behalf of the government.
U.S. District Gina M. Groh presided.
Sacramento Man Sentenced to 41 Months in Prison for Structuring Financial TransactionsRead the Press Release
Leonid Yakovlev Withdrew In Cash the Proceeds of a Credit Card Fraud Scheme
SACRAMENTO, Calif. — Leonid “Leo” Yakovlev, 43, of Sacramento, was sentenced today by Senior United States District Judge William B. Shubb to 41 months in prison for structuring financial transactions to avoid bank reporting requirements, United States Attorney Benjamin B. Wagner announced.
According to court documents, between April 2008 and August 2008, Yakovlev permitted the use of his bank account in a fraudulent credit card scheme in which thousands of American Express customers were charged fees ranging from $11 to $100, purportedly for “business services” provided by an entity called “24Hour.” During that period, Yakovlev controlled a bank account in the name of 24 Hour Corp. As a result of the fraudulent scheme, nearly $1 million was deposited in Yakovlev’s bank account. Yakovlev withdrew a total of approximately $230,000 from the account by making multiple cash withdrawals in smaller amounts in an effort to ensure the bank would not file mandatory currency transaction reports for the withdrawals.
When sentencing Yakovlev, Judge Shubb observed that Yakovlev was “responsible for misappropriating the identities of approximately 20,000 individuals. Every time one of those individuals got charged for something they didn’t do, they were violated. You caused that. You understood it was wrong because you carefully made your withdrawals” to avoid the reporting requirements.
“The defendant structured his transactions to hide the true source of his money,” said José M. Martínez, Special Agent in Charge, IRS-Criminal Investigation. “Currency report information filed by banks and financial institutions provides a paper trail, or roadmap, for investigations involving financial crimes. IRS-CI will continue to pursue individuals who deliberately break up cash transactions to avoid the filing of CTRs and to conceal their illegal acts.”
This case was the product of an investigation by the Internal Revenue Service – Criminal Investigation. Assistant United States Attorneys Jean M. Hobler and Brian A. Fogerty prosecuted the case.Philadelphia Business Owner Sentenced to 271 Months in Prison for Hiring Hitman, Related CrimesRead the Press Release
CAMDEN, N.J. – A Philadelphia business owner was sentenced today to 271 months in prison for arranging a murder for hire that led to a shooting in Atlantic City, New Jersey, U.S. Attorney Paul J. Fishman announced.
Ronald Galati, 64, was previously found guilty of all four counts in the indictment against him: conspiracy to commit murder for hire; conspiracy to possess and use a firearm during a crime of violence; murder for hire; and aiding and abetting the possession and use of a firearm during a crime of violence. Galati was convicted following a two-week trial before U.S. District Judge Joseph H. Rodriguez, who imposed the sentence in Camden federal court.
According to documents filed in this case and the evidence at trial:
Beginning sometime before June 2013, Galati began saying that he was going to kill Andrew Tuono. Galati told witnesses he would “kill him myself, I will strangle him, I will poke his eyes out” and “I am going to stab him right in the forehead with this thing,” referring to a pointed object. In June 2013, Galati, members of Galati’s family and associates had dinner with Tuono at a restaurant in Northfield, New Jersey. During dinner, Galati took Tuono into the kitchen and threatened to kill him.
Galati owned and operated American Collision & Automotive Center in Philadelphia, where Jerome Johnson, 46, also of Philadelphia, sometimes worked for him. Galati and Johnson approached two associates, Ronald Walker, 49, of Philadelphia, and Alvin Matthews, 47, of Brookhaven, Pennsylvania, and enlisted them to kill Tuono in a manner that would not implicate Galati. Galati promised to pay Walker $20,000 to shoot and kill Tuono.
Galati provided Johnson with several addresses associated with the intended victim. Johnson gave Matthews a Colt .25 caliber semi-automatic handgun he had obtained near 60th Street in Philadelphia. On Nov. 30, 2013, Johnson telephoned Walker and Matthews and arranged to meet them. Galati called Johnson and told him that Tuono was in New Jersey.
Johnson drove Walker and Matthews to the area where Tuono lived in Atlantic City. During the drive, Johnson told Walker and Matthews that if there was a woman with Tuono, she was not to be harmed. While in Johnson’s vehicle, Matthews gave Walker the gun Johnson had given Matthews the day before. Johnson then dropped Walker and Matthews off around the corner from Tuono’s home.
Walker and Matthews then stalked Tuono from an alley adjacent to the residence. When Tuono and a woman came out of the house, Walker and Matthews approached them and got Tuono’s attention. Walker shot Tuono multiple times. The victim was transported by ambulance from the scene of the shooting to Atlantic City Medical Center for emergency surgery, where he spent six days.
Walker and Matthews were arrested as they fled from the scene.
In addition to the prison term, Judge Rodriguez sentenced Galati to serve five years of supervised release and ordered him to pay restitution of $15,427.94.
Walker, Matthews and Johnson have each pleaded guilty to related offenses and await sentencing.
U.S. Attorney Fishman credited special agents of the FBI under the direction of Special Agent in Charge Richard M. Frankel; special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge George P. Belsky; and detectives of the Atlantic City Police Department, under the direction of Chief Henry White, for the investigation. He also thanked the Philadelphia District Attorney’s Office, under the direction of District Attorney R. Seth Williams, detectives of the Philadelphia Police Department, under the direction of Commissioner Charles Ramsey; and troopers of the Pennsylvania State Police, under the direction of Commissioner Frank Noonan, for their assistance.
The government is represented by Assistant U.S. Attorney Jason M. Richardson of the U.S. Attorney’s Office Criminal Division in Camden.
15-071
Defense counsel: Anthony Voci Esq., PhiladelphiaPatterson Man Convicted of Fraudulent Short Sale Scheme Sentenced to Prison and Ordered to Forfeit HouseRead the Press Release
FRESNO, Calif. — Agustin Simon, 53, of Patterson, was sentenced today by U.S. District Judge Lawrence J. O’Neill to 15 months in prison for conspiring to commit bank fraud, United States Attorney Benjamin B. Wagner announced. Simon also was ordered to pay restitution to financial institutions in the amount of $421,372 and to forfeit to the United States all rights, title and interest he had in a Patterson home that was the subject of his fraud scheme.
According to court documents, beginning in or around March 2010, Simon, with the assistance of his real estate agent, undertook a short-sale of Simon’s home in Patterson, California, to the real estate agent’s son. Simon submitted to Tri Counties Bank and Freddie Mac false and fraudulent short-sale applications, and caused these financial institutions to approve the charge-off of funds for the short-sale of Simon’s home. In these applications, Simon did not disclose that he provided the buyer with the full purchase price of the home ($355,000). Simon also made false statements to the lenders regarding his hidden agreement with the buyer that Simon would regain ownership of his home following the short-sale, and also misrepresented his ownership of other real estate and assets.
Simon’s real estate agent, Minerva Sanchez, 48, of Freemont, was charged in a separate indictment for her role in the scheme. On February 17, 2015, Sanchez was sentenced by Senior U.S. District Judge Anthony W. Ishii to 21 months in prison.
“Agustin Simon and his real estate agent, Minerva Sanchez, acted together to willfully exploit and abuse the short sale process, which was designed to assist legitimately distressed homeowners,” said Leslie DeMarco, Special Agent in Charge, Federal Housing Finance Agency Office of Inspector General. “Such selfish acts of fraud will not go undetected or unpunished. Our office, along with our law enforcement partners, is committed to protecting taxpayers, and thus the integrity of the short sale process, and ensuring that real estate professionals maintain the highest ethical standards.”
This case was the product of an investigation by the Federal Housing Finance Agency-Office of Inspector General and the Internal Revenue Service-Criminal Investigation. Assistant United States Attorney Christopher Baker prosecuted the case.