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3 April 2015
Richmond Store Owner Sentenced to 41 Months for Cigarette and Wire Fraud SchemeRead the Press Release
Defendant evaded paying over $1 million in sales tax to Virginia while selling cigarettes to traffickers
RICHMOND, Va. – Mohamed Seid Ahmed Mohamed, 57, of North Chesterfield, Virginia, was sentenced today to 41 months in prison, followed by 3 years of supervised release, for conspiring to commit wire fraud and to traffic in contraband cigarettes. He was also ordered to pay $1,009,046 in restitution to the Commonwealth of Virginia, Department of Taxation.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and Thomas J. Kelly, Special Agent in Charge of the Internal Revenue Service Criminal Investigation’s Washington, D.C., Field Office, made the announcement after sentencing by Senior U.S. District Robert E. Payne.
Mohamed pleaded guilty on September 3, 2014. According to court documents, Mohamed was the owner and operator of The Cigarette Club, LLC, a cigarette retail store in Richmond, Virginia, doing business as City Cigarettes. From June 2011 to January 2014, Mohamed and his co-conspirators purchased over 440,000 cartons—worth approximately $19.8 million—of various brands of cigarettes at wholesale stores in the Richmond area using multiple membership accounts. In making the cigarette purchases, Mohamed and/or co-conspirators certified that the cigarettes would be resold through Mohamed’s retail business. As a result, he and his co-conspirators were not required to pay the Virginia Retail Sales and Use Tax on the cigarettes at the time they purchased them. Instead, they were responsible to collect and pay the taxes once they sold them.
In fact, at the time of each purchase, Mohamed and his co-conspirators intended to sell, and ultimately did sell, the overwhelming majority of the cigarettes to individuals who they knew were transporting the cigarettes to jurisdictions outside of the Commonwealth of Virginia for resale as untaxed cigarettes. Mohamed and his co-conspirators never intended to, and ultimately did not, collect or pay the applicable Virginia Retail Sales and Use Tax for the cigarettes purchased at the wholesale stores. As a result of the conspiracy, the Commonwealth of Virginia lost sales tax revenue in the amount of $1,009,046.
This case was investigated by the IRS-Criminal Investigation in Richmond, Virginia, with assistance from the Multi-Jurisdictional Special Operations Group. Assistant U.S. Attorney Dominick S. Gerace is prosecuting the case on behalf of 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. 3:14CR00143.
Port Angeles Drug Trafficker Sentenced to Eleven Years in Prison for Meth Distribution ConspiracyRead the Press Release
The former owner of ‘Sellin Style’ car dealership in Sequim, Washington, was sentenced today in U.S. District Court in Tacoma to 11 years in prison and five years of supervised release for conspiracy to distribute methamphetamine and possession of methamphetamine with intent to distribute, announced Acting United States Attorney Annette L. Hayes. TIMOTHY P. SMITH, 31, pleaded guilty in January 2015. SMITH was arrested in February 2014, following a high speed chase that ended after two sets of spike strips were placed on the highway. At sentencing U.S. District Judge Robert J. Bryan said SMITH was the organizer of an “ongoing, long-term, large conspiracy” involving “weapons and violent undertones.”
“This defendant was a menace in his community who spread methamphetamine and its attendant harm on the Olympic Peninsula,” said Acting United States Attorney Annette L. Hayes. “The fact that this defendant has been held to account is a testament to effective coordination between federal, state and local law enforcement.”
According to records in the case, SMITH was the leader of a longstanding methamphetamine distribution ring that supplied large quantities of the drug over several years. SMITH sold methamphetamine to a person working with law enforcement on multiple occasions in June, July and August 2013 at or near his ‘Sellin Style’ car dealership on Old Blyn Highway near Sequim. SMITH also possessed and sold methamphetamine at other locations in and around Port Angeles. Law enforcement surveillance also revealed SMITH conducting drug deals with his suppliers at multiple locations in Kitsap County including the Four Corners Chevron and Hilltop gas stations in Poulsbo, the parking lot of the Walmart in Poulsbo, and the parking lot of the Target store in Silverdale.
In conjunction with a separate investigation and take-down of another drug ring, which was supplying methamphetamine to SMITH and others, law enforcement arrested SMITH as he traveled back to Sequim from Kitsap County on Sunday evening, February 23, 2014. Shortly after SMITH’s vehicle crossed the Hood Canal Bridge, the Washington State Patrol pulled the car over. After initially stopping, SMITH sped away, traveling at speeds nearing 100 mph and weaving into the lane for oncoming traffic. Troopers noticed white bags being tossed from the car. The car hit one set of spike strips and continued on. After hitting a second set of spike strips the car came to a halt and SMITH and his girlfriend were taken into custody. Inside the bags tossed from the car, law enforcement found 1.6 pounds of methamphetamine. The girlfriend also had $4,000 in cash on her person, which she revealed in a monitored jail call to have been given to her by SMITH during the police chase.
One of SMITH’s co-conspirators, Tammy R. Coburn, was sentenced last month to 18 months in prison. The other defendants, Holli A. Bell, Jacob E. Davis, and Charles D. Aslin, have also pleaded guilty in the case and are pending sentencing.
The case was investigated by the FBI, ATF, and Olympic Peninsula Narcotics Enforcement Team (OPNET), a task force containing officers from Clallam County Sheriff’s Office, Jefferson County Sheriff’s Office, Port Angeles Police Department, Sequim Police Department, Neah Bay Department of Public Safety, Elwha Klallam Police, LaPush Police, the U.S. Coast Guard, U.S. Border Patrol, the Washington Department of Corrections, Washington State Patrol and the West Sound Narcotics Enforcement Team (WestNet).
The case was prosecuted by Assistant United States Attorney Gregory A. Gruber.
Philadelphia Woman Arrested for Attempting to Provide Material Support to ISILRead the Press Release
Assistant Attorney General for National Security John P. Carlin and U.S. Attorney Zane David Memeger of the Eastern District of Pennsylvania announced that Keonna Thomas, also known as Fatayat Al Khilafah and YoungLioness, 30, of Philadelphia, was charged today by criminal complaint with knowingly attempting to provide material support and resources, including herself as personnel, to a designated foreign terrorist organization. According to the complaint, Thomas attempted to travel overseas in order to join and fight with the Islamic State of Iraq and the Levant (ISIL).
As alleged in the complaint, Thomas posted on Twitter the following statement: “If we truly knew the realities . . . we all would be rushing to join our brothers in the front lines pray ALLAH accept us as shuhada [martyrs].” The complaint further alleges that Thomas applied for a U.S. passport and advised an associate that she had deactivated her Twitter “till i leave for sham [greater Syria]. . . . don’t want to draw attention of the kuffar [non-believers].” Thomas then allegedly engaged in electronic communications with an ISIL fighter in Syria, who asked Thomas if she wanted to be a part of a martyrdom operation. Thomas responded by stating, “that would be amazing….a girl can only wish.” Thomas also allegedly conducted online research into various indirect travel routes to Turkey, and allegedly purchased an electronic visa to Turkey. The complaint alleges that Turkey is known to be the most common and most direct transit point for individuals traveling from locations in Europe who are seeking to enter Syria and join ISIL. On or about March 26, 2015, Thomas allegedly purchased airline tickets to fly overseas on March 29, 2015.
If convicted, the defendant faces a maximum possible sentence of 15 years’ incarceration.
The case was investigated by the FBI’s Joint Terrorism Task Force and the Philadelphia Police Department. It is being prosecuted by Assistant U.S. Attorney Jennifer Arbittier Williams of the Eastern District of Pennsylvania and Trial Attorney Paul Casey of the Justice Department’s National Security Division.
A criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Philadelphia Woman Arrested on Suspicions of Trying to Join ISILRead the Press Release
PHILADELPHIA – Keonna Thomas, a/k/a “Fatayat Al Khilafah,” a/k/a “YoungLioness,” 30, of Philadelphia, was charged today by Criminal Complaint with knowingly attempting to provide material support and resources to a designated foreign terrorist organization, announced United States Attorney Zane David Memeger. According to the complaint, Thomas knowingly attempted to travel overseas in order to join, fight with, and martyr herself on behalf of ISIL.
The Complaint alleges that Thomas posted on Twitter the following statement: “If we truly knew the realities . . . we all would be rushing to join our brothers in the front lines pray ALLAH accept us as shuhada [martyrs].” The Complaint further alleges that Thomas applied for a U.S. Passport, and advised an associate that she had deactivated her Twitter “till i leave for sham [greater Syria]. . . . don’t want to draw attention of the kuffar [non-believers]. Thomas then allegedly engaged in electronic communications with an ISIL fighter in Syria, who asked Thomas if she wanted to be a part of a martyrdom operation. Thomas responded by stating, “that would be amazing….a girl can only wish.” Thomas also allegedly conducted online research into various indirect travel routes to Turkey, and allegedly purchased an electronic visa to Turkey. The Complaint alleges that Turkey is known to be the most common and most direct transit point for individuals traveling from locations in Europe who are seeking to enter Syria and join ISIL. And on or about March 26, 2015, Thomas allegedly purchased airline tickets to fly to Spain three days later, on March 29, 2015.
If convicted, the defendant faces a maximum possible sentence of 15 years in prison.
The case was investigated by the FBI’s Joint Terrorism Task Force and the Philadelphia Police Department. It is being prosecuted by Assistant United States Attorney Jennifer Arbittier Williams and Trial Attorney Paul Casey of the Counterterrorism Section in the Justice Department’s National Security Division.
A Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
New Jersey Man Sentenced to Four Years in Prison for Conspiracy to Distribute MethmaphetamineRead the Press Release
El Dorado, Arkansas - Conner Eldridge, United States Attorney for the Western District of Arkansas, announced that Anthony F. Winters, age 51, of Longvalley, New Jersey, was sentenced today to 48 months in federal prison followed by three years of supervised release on one count of Conspiracy to Distribute Methamphetamine. The Honorable Susan O. Hickey presided over the sentencing hearing in the United States District Court in El Dorado.
U.S. Attorney Eldridge commented, “With today’s sentence, Arkadelphia and the surrounding community have become a safer place for all residents. Our office is committed to eliminating the trafficking of illegal drugs and the violence and other crime it brings with it. I would like to thank the Clark County Sheriff’s Office, the Arkansas State Police, the Group 6 Task Force, and the DEA for all their hard work throughout this entire investigation.”
Clark County Sheriff Jason Watson praised the efforts of all the special agents, investigators and officers involved in this extended investigation. Watson commented, “The public expects and deserves the kind of collaboration that was involved in this case. This was a cooperative effort between the U.S. Attorney’s Office, Clark County Prosecutor’s Office, Drug Enforcement Administration, Arkansas State Police, Arkansas Highway Police, Group 6 Task Force, Arkadelphia Police Department, and Clark County Sheriff’s Department that would not have been possible by any one of these agencies alone.” Watson stated further "The investigation involved hundreds of hours by officers too numerous to mention, but they all deserve credit for their efforts in this investigation; I am very proud of this positive outcome.” Clark County Prosecutor Blake Batson and Sheriff Watson thanked U.S. Attorney Eldridge for his continued assistance in combating drug trafficking in Clark County.
“By working together, DEA and our federal, state and local law enforcement partners are utilizing our respective resources and expertise to achieve results that we could not accomplish on our own. Our combined efforts are making communities in the Western District of Arkansas safer by disrupting the flow of dangerous drugs to our neighborhoods. The sentencing today should put others who engage in this type of activity on notice: if you distribute illegal drugs you will face federal charges and a lengthy prison sentence,” state DEA Assistant Special Agent in Charge David Downing.
According to court records, beginning in October 2013, agents with the Drug Enforcement Administration, Clark County Sheriff’s Office, Group 6 Drug Task Force and the Arkansas State Police initiated an investigation into a drug trafficking organization involved in the distribution of multi-pound quantities of methamphetamine in Southwest Arkansas. During the investigation, agents learned that Anthony Winters was an out-of-state distributor of multi-ounce quantities of methamphetamine that originated in Clark County. After further investigation, DEA began setting up an undercover sting operation in Clark County targeting Winters. During April, 2014, Winters traveled from New Jersey to Arkansas in order to pick up a supply of methamphetamine and take it back to New Jersey for distribution. Upon his arrival at the agreed upon location in Clark County, Winters was provided with a shrink wrapped block of counterfeit substance represented to be a half pound (or eight ounces) of methamphetamine. In exchange for that counterfeit substance, Winters exchanged two signed business account checks, and mentioned that he priced the methamphetamine out for $3,000 an ounce to another distributor in New Jersey. After the transaction was completed, Winters was stopped in Arkadelphia, Arkansas, by an Arkansas State Trooper and arrested on a federal warrant. The shrink-wrapped counterfeit substance was found wrapped in a red sleeping bag in the rear passenger area of the pickup truck Winters was driving. Winters was indicted by a Federal Grand Jury on May 7, 2014, and pleaded guilty to one count of Conspiracy to Distribute Methamphetamine on December 1, 2014.
This case was investigated by the Drug Enforcement Administration (DEA), Group 6 Drug Task Force, the Clark County Sheriff’s Office, Arkadelphia Police Department, and the Arkansas State Police. Assistant United States Attorney Ben Wulff prosecuted the case for the United States.
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Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov
Milwaukee Man Pleads Guilty to Receipt of Child PornographyRead the Press Release
James L. Santelle, United States Attorney for the Eastern District of Wisconsin, announced today that Jeffrey Feldman (age: 48), of Milwaukee, Wisconsin, pled guilty today to an indictment charging him with one count of receipt of child pornography.
According to the plea agreement, in January of 2013, Federal Bureau of Investigation special agents detected Feldman sharing files containing child pornography over the Internet via a peer-2-peer network. Based in part on this information, law enforcement agents obtained a search warrant for Feldman’s residence, where they recovered numerous encrypted computers and electronic storage devices. Subsequent decryption and forensic analysis of those devices revealed that Feldman had knowingly received thousands of child pornography image and video files via the Internet, including the files charged in the indictment.
Sentencing is scheduled for July 10, 2015, before United States District Court Judge Lynn S. Adelman of the Eastern District of Wisconsin. At the conclusion of today’s hearing, the defendant was remanded into federal custody.
In announcing today’s plea, United States Attorney Santelle stated: “The plea entered today by Jeffrey Feldman is a reflection not only of his acknowledgment of guilt for his receipt of substantial amounts of child pornography but also of the focused and effective work of investigators and prosecutors in bringing him to justice. In partnership with the Federal Bureau of Investigation and the Criminal Division of the United States Department of Justice, our office remains committed to this high priority mission - that is, identifying and stopping people who prey on our children, victimizing them, their families, and the communities in which we all live and work.”
The case was investigated by the FBI and prosecuted by Assistant United States Attorney Karine Moreno-Taxman of the Eastern District of Wisconsin and Trial Attorney Jeffrey Zeeman of the Criminal Division’s Child Exploitation and Obscenity Section.
This criminal prosecution is a part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the United States Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, investigate, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue the victims of their criminal conduct. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Millennium Capital Exchange CEO Arrested for Running Foreign Exchange Market Ponzi SchemeRead the Press Release
ATLANTA - Stafford S. Maxwell, the former owner of Millennium Capital Exchange, Inc., has been arraigned on charges of orchestrating a multi-million dollar foreign exchange market Ponzi scheme. He was indicted March 17, 2015.
“Maxwell allegedly lured investors to his forex firm with false promises of trading success,” said Acting U.S. Attorney John Horn. “Even with an improving economy, investment fraud schemes are as popular as ever, and citizens need to be careful when choosing where to entrust their hard earned money.”
J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office, stated: “The investigation that led to the indictment and arrest of Maxwell reflects the FBI’s commitment to the many victims that have suffered significant financial losses and hardships as a result of this fraudulent investment scheme as alleged in the indictment. Investors are reminded to be cautious of investment pitches that promise exceptionally high rates of return such as those allegedly promised in this case.”
According to Acting United States Attorney Horn, the charges, and other information presented in court: In March 2007, Maxwell incorporated and owned Millennium Capital Exchange, Inc. (“Millennium”), which purported to be a foreign exchange market trading firm. The foreign exchange market (or forex market) is the global market in which participants buy, sell, exchange, and speculate on currencies. The forex trading market consists of banks, commercial companies, central banks, investment management firms, hedge funds, retail forex brokers, and individual investors. Forex trading involves the trading of currencies from different countries against each other. An example of a forex trade is to buy Japanese yen while simultaneously selling United States dollars. Trading in foreign exchange markets frequently exceeds $5 trillion per day.
From about 2008 to January 2012, Maxwell solicited investments from individuals across the United States with promises of high fixed rates of return to be generated from successful foreign currency trading. In particular, to obtain money from investors, Maxwell falsely stated that: (a) he possessed excellent forex trading skills; (b) he had a long history of forex trading success; (c) he often assured investors that they would earn an annualized rate of return on their investments from approximately 48% to 72%; (d) he used “stops” and “floors” on currency trades to insure that the gains would be large, but that the losses would be small; (e) investors had realized significant gains based on his trading; and (f) he had reserve funds that enabled him to cover any trading losses.
According to the indictment, Maxwell: (a) had little success executing forex trades; (b) lost almost all the money that he traded in forex markets; (c) was unable to pay investors the promised investment dividends; and (d) possessed no reserve fund to cover forex trading losses.
According to Millennium’s business model, Maxwell was supposed to use the invested funds to make forex trades through accounts at a financial firm in Geneva, Switzerland. Based on his false representations, investors wired Maxwell well over $1 million, expecting that the funds would be traded in the Swiss accounts the indictment alleges. After receiving money from investors, however, Maxwell diverted approximately half of the money for other improper purposes. First, in an effort to perpetuate the scheme and make it appear that he was a successful forex trader, Maxwell used the money received from new investors (that was supposed to be traded on the forex market) to pay “dividends” to older investors. Second, Maxwell used the money received from investors (that was supposed to be traded on the forex market) to pay his own personal living expenses. In the end, Maxwell spent or lost almost every dollar invested with him.
Stafford S. Maxwell, 46, of Mableton, Georgia, was indicted on March 17, 2015, on ten counts of wire fraud.
Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the Federal Bureau of Investigation.
Assistant United States Attorney Jeffrey W. Davis is prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division is http://www.justice.gov/usao/gan/.
Men Sentenced for Food Stamp FraudRead the Press Release
SYRACUSE, NEW YORK – Two men who previously pled guilty to federal charges of Conspiracy to Commit Food Stamp Fraud were sentenced to terms of incarceration in U. S. District Court in Syracuse. Ebrima KRUBALLY, 46, of Syracuse, NY, was sentenced to 48 months incarceration and Alieu JAITEH, 32, also of Syracuse, was sentenced to 18 months incarceration according to U.S. Attorney Richard S. Hartunian and Brian Devine, Resident Agent in Charge, Homeland Security Investigations, Syracuse Office. U.S. District Judge Glenn T. Suddaby also ordered both to pay restitution of $1,709,304.81 in connection with the fraud scheme. JIATEH is also facing possible deportation as a result of this conviction as well as for other immigration violations.
KRUBALLY, a naturalized U.S. citizen from The Gambia, had been employed by the New York Department of Transportation as an engineer. KRUBALLY also owned and operated MAMA’s Imports, a food store formerly located at 529 N. State Street, Syracuse, NY. JAITEH, a foreign national, also from The Gambia, is a former employee of MAMA’s Imports. Between 2009 and 2012, the defendants conspired to commit more than $1.7 million fraud scheme by exchanging SNAP (Food Stamp) benefit coupons (including electronic benefits cards) for a discounted amount of cash or non-food items (i.e., clothing, cellular phones, DVD’s).
The Food Stamp Program is now referred to as the Supplemental Nutrition Assistance Program (SNAP). SNAP uses tax dollars to subsidize food purchases by eligible low-income or no-income households. SNAP benefits may only be used to purchase food in approved retail food stores, and may not be exchanged for cash or non-food items.
These sentencings are the culmination of a joint investigation conducted by Special Agents from the U.S. Department of Agriculture’s Office of the Inspector General and Homeland Security Investigations (HSI), the investigative component of U.S. Immigration and Customs Enforcement, and prosecuted by the U.S. Attorney’s Office for the Northern District of New York in Syracuse. Substantial assistance was also provided throughout the investigation by the Onondaga County Department of Social Services’ Welfare Fraud Unit, Oneida County Social Services, and the New York State Police.
The case was prosecuted by Assistant U. S. Attorney Geoff Brown. Further questions may be directed to Executive Assistant U.S. Attorney John Duncan at 315-448-0672.
Massachusetts Dairy Farm Agrees to Permanent Injunction for Improper Medication PracticesRead the Press Release
The Justice Department has filed suit in the U.S. District Court for the District of Massachusetts against Michael P. Ferry Inc. and its owner, Michael P. Ferry (Ferry), to block them from violating the Federal Food, Drug and Cosmetic Act (FDCA) in connection with their alleged unlawful use of new animal drugs in cows slaughtered for food. The Justice Department filed the suit on behalf of the U.S. Food and Drug Administration (FDA).
The defendants have agreed to settle the litigation and be bound by a consent decree of permanent injunction that enjoins them from committing violations of the FDCA. The proposed consent decree has been filed with the court and is awaiting judicial approval.
“Failing to maintain appropriate controls in food-producing animals bound for slaughter jeopardizes the public health,” said Acting Assistant Attorney General Benjamin C. Mizer of the Justice Department’s Civil Division. “The resolution of this matter ensures that, should it choose to re-enter business, this farm will have the necessary procedures in place to ensure that it delivers safe food to consumers.”
The defendants are primarily in the dairy business, but also sell cows for slaughter as food. Government inspections as recently as June 2014 revealed that Ferry sold animals for slaughter containing excessive and illegal drug residues in their edible tissues. The inspections also revealed that the defendants failed to maintain complete records concerning the medication of their animals. The FDA issued a warning letter to the farm concerning its violations in 2011 and also held a regulatory meeting with the farm in 2013 to discuss unlawful residues found in its cattle. The complaint states that consumers of edible animal tissues who are susceptible to antibiotics may experience severe allergic reactions as a result of ingesting food containing out-of-tolerance antibiotic levels. Furthermore, food containing above-tolerance antibiotic levels contributes to the development of antibiotic-resistant strains of bacteria in those who eat or handle food containing residues of such drugs.
Under the consent decree, the defendants have agreed to shutter their business selling animals for slaughter. To resume selling cows for slaughter, the consent decree requires the defendants to take certain actions and institute measures that must be confirmed by the FDA as compliant.
This matter was handled by Trial Attorney David Sullivan of the Civil Division’s Consumer Protection Branch and Scott Kaplan of the FDA’s Office of the Chief Counsel.
Man Sentenced for Production of Child PornographyRead the Press Release
ALBANY, NEW YORK – Robert V. McLaughlin, age 58, of Mechanicville, New York, was sentenced today by the Honorable Mae A. D’Agostino to 720 months in federal prison followed by a lifetime term of supervised release, announced United States Attorney Richard S. Hartunian and Andrew W. Vale, Special Agent in Charge of the Albany Division of the Federal Bureau of Investigation. The sentence follows McLaughlin’s guilty plea on November 13, 2014 to two counts of production of child pornography.
The evidence supporting this conviction included McLaughlin’s admission that between 2012 and 2014, he engaged in sexually explicit conduct with two young girls for the purpose of producing visual depictions of that abuse, and that he produced such depictions. In discussing the seriousness of the offenses, which involved the deliberate grooming of two innocent children, Judge D’Agostino noted that to describe McLaughlin’s actions as "disturbing" would be an understatement. The Judge went on to note that the public must be protected from McLaughlin’s predatory behavior.
This prosecution resulted from an investigation conducted by the Federal Bureau of Investigation and the New York State Police. It was prosecuted by Assistant United States Attorney Lisa M. Fletcher and Special Assistant United States Attorney Amanda W. Cox.
Man Convicted of PerjuryRead the Press Release
SYRACUSE, NEW YORK – JOSEPH JENKINS, age 45 of Geneva, New York, was found guilty of perjury on April 1, 2015 following a jury trial in federal court in Syracuse, announced United States Attorney Richard S. Hartunian.
The perjury charges arose from JENKINS’s request for appointment of counsel to represent him in connection with prior federal charges filed in 2011 relating to possession and transportation of child pornography. In his application for appointment of counsel, JENKINS made sworn statements to the court about his financial condition. Based on those statements, the court found JENKINS eligible for appointment of free counsel. But JENKINS did not disclose in his sworn statements that he in fact owned investment accounts worth more than $200,000. JENKINS also failed to disclose his ownership of various boats and recreational vehicles.
United States District Judge Elizabeth A. Wolford scheduled sentencing for August 3, 2015. JENKINS faces a maximum term of imprisonment of five years and a fine of up to $250,000.
JENKINS was previously convicted on February 6, 2014, following a jury trial, of possession and transportation of child pornography. He was sentenced on November 18, 2014, to a term of imprisonment of 225 months and a fine of $40,000, and he was ordered to pay restitution to the victims of his crimes.
The case was investigated by the Department of Homeland Security, Homeland Security Investigations. The case was prosecuted by Assistant U.S. Attorneys Tamara B. Thomson and Nicolas Commandeur.
Little Rock Woman Sentenced to Eight Years in Prison in Scheme to Defraud Undocumented WorkersRead the Press Release
Fayetteville, Arkansas - Conner Eldridge, United States Attorney for the Western District of Arkansas, announced that Wendy Espinoza, a 32 year old foreign national from Honduras who was living in Little Rock, was sentenced to 96 months in prison and three years of supervised release on each count of Wire Fraud and Mail Fraud. The sentences are to run concurrent with each other. Espinoza was also ordered to pay restitution in the amount of $541,520.00. The Honorable Timothy L. Brooks presided over the sentencing hearing in the United States District Court in Fayetteville.
U.S. Attorney Eldridge stated, “With today’s sentence, justice has now been served on behalf of the vulnerable and unsuspecting victims drawn into the devious trap set by Ms. Espinoza. The means in which she represented herself to them and the methods of intimidation that she used in order to enrich herself is nothing short of heartless. She threatened these victims with things she knew would most deeply affect them; arrest, deportation, and the loss of their children. Our office remains dedicated to pursuing fraud cases in the Western District of Arkansas and holding accountable those who swindle and take advantage of others.”
“Criminals routinely make false promises and seek to exploit individuals hoping to gain legal status in the United States,” said Acting Special Agent in Charge of HSI New Orleans Cindy M. Johnson. “This case illustrates the importance of being cautious when dealing with service providers, and also shows that Homeland Security Investigations will investigate and seek prosecution of those who prey on individuals to commit fraud.”
Beginning in 2007 and continuing through July, 2014, Espinoza devised a scheme to defraud illegal immigrants and to take their money by falsely representing that she could provide legal advice and services for them to obtain legal resident status in the United States. Specifically, Espinoza misrepresented that she worked with or for an immigration attorney and that she and or the attorney would prepare legitimate immigration documents for a fee. Espinoza in fact has no legal training and has never been associated with an immigration attorney. She would then state that she needed the individuals to pay various illegitimate “fees” and “fines” to continue the immigration process, such as a $10,000.00 “state pardon fee” and a $10,000.00 IRS fine. If those payments were not forthcoming, Espinoza threatened arrest, deportation, and, in one case, losing custody of their children. In order to comply with Espinoza’s demands, the defrauded individuals arranged for payment from family members to accounts designated by Espinoza. During a search of Espinoza’s residence in Little Rock, federal investigators found counterfeit documents that resembled the bogus Social Security Administration and immigration documents Espinoza had provided to some of the victims. Espinoza pleaded guilty to the charges in September, 2014.
This case was investigated by Homeland Security Investigations and the Social Security Administration Office of the Inspector General. Assistant U.S. Attorney Kyra Jenner prosecuted the case for the United States.
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Related court documents may be found on the Public Access to Electronic Records Website at www.Pacer.gov
Lakeland Man Sentenced to 80 Years in Prison for Producing and Transporting Child PornographyRead the Press Release
Tampa, Florida – U.S. District Judge Charlene Edwards Honeywell today sentenced Benjamin Cuadrado (41, Lakeland) to 80 years in federal prison for the production and transportation of child pornography. Cuadrado pleaded guilty on January 9, 2015.
According to court documents, between July 26, 2012, and March 25, 2014, Cuadrado produced, transported, received, and possessed child pornography. He used his cellular phone to produce at least 70 videos of him sexually assaulting an infant and a toddler in his care. He transported the child pornography over the Internet using his email account and an Internet messaging program.
A forensic review of Cuadrado’s cellular phone revealed 250 videos and more than 4,000 images of child pornography, including files depicting pre-pubescent children and sadomasochistic conduct.
“Justice has truly been served in this case. Cuadrado’s heinous crimes were against children that were not able to defend themselves,” said Susan L. McCormick, special agent in charge of HSI Tampa. “Working hand-in-hand with our law enforcement partners, HSI will aggressively protect our communities from those who seek to sexually exploit children.”
“The sentence handed down in the case against Mr. Cuadrado brings to an end one of the most disturbing child exploitation cases in the history of our office,” said Alysa Erichs special agent in charge of HSI Miami. “This also sends a message to those who take advantage of the innocence of our children, that we will find you and prosecute you to the fullest extent of the law.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Miami Beach Police Department, the Polk County Sheriff’s Office, and the U.S. Secret Service. It was prosecuted by Assistant United States Attorney Jennifer L. Peresie.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Justice Department seeks information from potential monitors regarding Cleveland Division of PoliceRead the Press Release
REQUEST FOR INFORMATION
INDEPENDENT MONITOR
Negotiated Court Enforceable Settlement Agreement
Regarding the Cleveland Division of Police
March 26, 2015
I. DESCRIPTION
The United States and the City of Cleveland (“City”) currently are in negotiations to work toward a court-enforceable settlement agreement (“Consent Decree” or “Agreement”) to address findings issued by the United States on December 4, 2014. The parties have publicly announced that they will jointly select an independent monitor to assess and report to the parties and the Court whether the requirements of the negotiated Agreement are being fully implemented.
The United States Department of Justice, through the Civil Rights Division’s Special Litigation Section and the U.S. Attorney’s Office for the Northern District of Ohio, and the City of Cleveland (collectively, the “Parties”) are seeking interested individuals, firms, or organizations to serve as the Independent Monitor (“Monitor”), either as the lead Monitor or as a subject-matter expert on the Monitor’s team.
The Monitor and his or her team will assist the United States District Court for the Northern District of Ohio (“Court”), the Parties, and the Cleveland community in assessing the implementation of the Agreement in an independent and transparent manner. Once selected by agreement of the Parties and appointed by the Court, the Monitor and his or her team will assess implementation, provide technical assistance, and issue public reports on the City’s compliance with the Agreement.
THIS IS A REQUEST FOR INFORMATION ONLY. This Request is issued solely for information and planning purposes. It does not constitute a Request for Proposal (“RFP”) or a promise to issue an RFP in the future. This Request is not part of, and shall not be governed by, any formal municipal, state, or federal procurement process. Further, this Request does not commit the Parties to select an individual, firm, or organization to serve as the Monitor or a member of the Monitor’s team. The Parties may seek and solicit information regarding interested parties through means other than this Request. Responders are advised that the Parties will not pay for any information or administrative costs incurred in response to this Request; all costs associated with responding to this Request will be solely at the interested party’s expense. Not responding to this Request does not preclude participation in any future RFP, if any is issued, nor does it eliminate an individual, firm, or organization from being considered to serve as the Monitor or a member of the Monitor’s team.
II. BACKGROUND
On December 4, 2014, the Department of Justice announced its findings resulting from a civil investigation it conducted into use of force by the Cleveland Division of Police (“CDP”). The investigation was conducted pursuant to the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141. The Department of Justice concluded that it had reasonable cause to believe that CDP engages in a pattern or practice of unreasonable use of force. The City does not agree with the Department’s findings concerning a pattern or practice of unreasonable use of force by the CDP. Nevertheless, the City and CDP cooperated in the investigation, and the Parties have agreed to work collaboratively in an effort to craft an Agreement that will ensure constitutional policing. The Parties affirmed their commitment to reaching an Agreement in a Statement of Principles signed on December 2, 2014 and to selecting an independent monitor to assist in assessing compliance with the terms of the Agreement being negotiated by the parties.
The Agreement will be submitted to the United States District Court in the Northern District of Ohio for approval and entry as an order. It is anticipated that the Court will issue an Order that will include steps to implement, monitor, and enforce such Agreement negotiated by the Parties.
The Findings Letter and Statement of Principles, and other related documents, can be found on the following webpage: http://www.justice.gov/crt/about/spl/findsettle.php.
III. MONITOR’S DUTIES AND RESPONSIBILITIES
The Agreement will provide for a Monitor to assist the Court, the Parties, and the Cleveland community in assessing and assisting the City’s compliance with the terms of the anticipated Agreement. The Agreement will specify the duties and responsibilities of the Monitor, who will be subject to the supervision and orders of the Court. For the purposes of this Request for Information, you should assume that the scope of the Agreement anticipated between the parties will focus on issues related to the subject areas described in the Unites States’ Findings Letter.
The Monitor will provide objective, cost-effective, and thorough assessments of whether the terms of the anticipated Agreement are being met, and whether implementation of the Agreement is resulting in constitutional policing by the CDP and increased community trust of CDP. The Monitor also will assist in compliance by offering technical assistance, issuing recommendations, and preparing public reports on the Agreement’s implementation. The Monitor will not replace or assume the role and duties of the City or CDP, including the Chief of Police, or any other City official. The Chief of the CDP will always retain full authority to run the Division of Police in accordance with the laws of Cleveland.
IV. qualifications
Experience in the following areas may be useful, although lack of experience in any particular area will not disqualify a candidate.
- law enforcement practices including use of force and force investigations, community policing, crisis intervention and de-escalation techniques, training, and search and seizure practices;
- experience evaluating, developing, or implementing processes for supervisors and managers to oversee accountability in a large organization;
- experience managing or overseeing law enforcement personnel;
- monitoring, auditing, investigating, or otherwise reviewing performance of organizations;
- evaluating organizational change and institutional reform, including applying qualitative and quantitative analyses to assess progress and performance;
- experience monitoring and ensuring compliance with settlement agreements, consent decrees, or court orders;
- working with government agencies, municipalities, collective bargaining units, elected officials, civilian oversight bodies, and community members interested in policing issues;
- engaging with diverse community stakeholders to promote civic participation, strategic partnerships, and community policing;
- mediation and dispute resolution;
- use of technology and information systems to support and enhance law enforcement;
- appearing in court as a judge, monitor, counsel, or expert witness, or providing other types of testimony;
- providing formal and informal feedback, technical assistance, training, and guidance to law enforcement agencies;
- experience reviewing policies, procedures, manuals, and other administrative orders
or directives, and training programs related to law enforcement practices; and
- experience with municipal budgetary and fiscal issues.
V. REQUESTED INFORMATION
The Parties request that interested individuals, firms, or organizations submit information to assist the Parties in identifying potential candidates to serve as Monitor or as subject-matter experts on the Monitor’s team. Interested individuals or firms may provide a resume and a letter of interest describing their current or recent experience relevant to the qualifications described above. Please describe any areas of expertise in which you may want to retain additional staff. If you know any specific individuals or entities, including subcontractors and consultants, who will assist the interested party in fulfilling the duties and responsibilities of the Monitor, please include a brief summary of each team member’s relevant background or experience and attach a resume. If the identities of the individuals or entities that would assist in performing the monitoring function are unknown at the present time, please state the areas of expertise that will be sought and the process that will be used to obtain the necessary services and assistance. If you have performed similar services as part of a team before, you can describe the nature and qualifications of the team members employed.
As the Parties negotiate toward an Agreement, the Parties will likely request supplemental information, including references, proposed methodologies, and budget estimates. The Parties will provide additional information on the scope of the anticipated Agreement at that time. Candidates considered for Monitor or as a subject-matter expert on the Monitor’s team will be required to disclose all actual and potential conflicts of interest.
VI. INFORMATION RESPONSE AS A PUBLIC RECORD
Under the laws of the State of Ohio, all parts of the information response, other than trade secret or proprietary information, may be considered a public record which, if properly requested, the City must make available to the requester for inspection and copying. Additionally, the Parties may choose to share all or some of the submissions with the public. Therefore, to protect trade secret or proprietary information, the Responder should clearly mark each portion of each page—but only that portion of each page—of its information response that contains that information. The City will notify the Responder if such information in its information response is requested, and will make every attempt to protect trade secret or proprietary information by citing to the applicable exemption in Ohio’s Public Records Laws. Blanket marking of the entire information response as “proprietary” or “trade secret” is not acceptable and will not protect the entire response unless each part of the entire response is in fact trade secret or proprietary information. The City is not obligated to protect information that is obviously not a trade secret, obviously not proprietary, and obviously public, even if labeled as such. Upon submission of an information response that contains clearly marked trade secret or proprietary information, the Responder is agreeing to defend and indemnify the City against any lawsuit or claim that the City improperly withheld a public record based upon the Responder marking it as a trade secret or proprietary information.
Letters of interest should be submitted as soon as possible in electronic format (preferably pdf) to the Parties as follows:
For the United States Department of Justice:
Carole S. Rendon Rashida J. Ogletree
First Assistant U.S. Attorney Trial Attorney
U.S. Attorney’s Office U.S. Department of Justice
Northern District of Ohio Civil Rights Division
801 West Superior Avenue Special Litigation Section
Suite 400 950 Pennsylvania Avenue, NW
Cleveland, Ohio 44113 Washington, D.C. 20530
[email protected] [email protected]
For the City of Cleveland:
Barbara A. Langhenry
Director of Law
City of Cleveland
Department of Law
601 Lakeside Avenue. Suite 106
Cleveland, Ohio 44114
Justice Department Files Brief to Address Health Care for Prisoners Suffering from Gender DysphoriaRead the Press Release
The Department of Justice filed a statement of interest today in the Middle District of Georgia in Diamond v. Owens, et al. The plaintiff in that case, a transgender prisoner, alleges that the Georgia Department of Corrections failed to provide adequate care for her gender dysphoria. The statement of interest discusses the unconstitutionality of “freeze-frame” policies, such as the policy allegedly used in the Georgia Department of Corrections. These policies unconstitutionally prohibit treatment beyond the type of care the prisoner received in the community prior to incarceration. Through this filing, without taking a position on the merits of the allegations, the United States stated that the Eighth Amendment mandates individualized assessment and care for gender dysphoria.
“By taking action in this case, the Justice Department is reminding departments of corrections that prison officials have the obligation to assess and treat gender dysphoria just as they would any other medical or mental health condition,” said Acting Assistant Attorney General Vanita Gupta of the Civil Rights Division. “Prisoners with gender dysphoria should not be forced to suffer needlessly during their incarceration simply because they were not receiving care, or could not prove they were receiving care, in the community. Freeze-frame policies can have serious consequences to the health and well-being of transgender prisoners, who are among the most vulnerable populations incarcerated in our nation’s prisons and jails.”
Based on the facts as alleged, Ashley Diamond was first diagnosed with gender dysphoria as a teenager, nearly twenty years ago. She began taking feminizing hormones, which helped her develop secondary sex characteristics and helped ease the significant physical and emotional discomfort she felt with her biological sex. Yet, when she entered the Georgia Department of Corrections, she was not identified or referred for continuation of this treatment. Instead, her hormone therapy was terminated and she was placed in a secure prison for men.
When Ms. Diamond requested treatment during her incarceration, she was evaluated by Department medical personnel who confirmed Diamond’s gender dysphoria and recommended reinstatement of hormone therapy and other clinically-indicated treatments. However, department officials continued to deny this treatment, telling Diamond that she was ineligible for treatment pursuant to the department’s policy. Because the department did not properly identify Diamond’s gender dysphoria at intake and refer her for treatment at that time, she was, and continues to be, denied necessary medical care.
The facts alleged in this case indicate that the Department of Corrections relied on its freeze-frame policy to deny Diamond the care recommended by the department’s own physicians, in violation of the Eighth Amendment. As stated by the Justice Department in its filing, “[t]wo things are clear from the record in this case: one, the generally accepted standards for treatment of gender dysphoria require treatment decisions be individualized; and two, Ms. Diamond did not receive individualized care.”
Diamond v. Owens, et al. was filed in February 2015.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Judge Ostby in Billings on April 1, 2015, and entering pleas of Not Guilty were:
- FRANKLYN DON HAMMONTREE, a 42-year-old resident of Billings, appeared on charges of conspiracy to distribute methamphetamine and distribution of methamphetamine. If convicted of the most serious charge contained in the indictment, HAMMONTREE faces life in prison, $5,000,000 in fines and 4 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference: 15-27
Appearing before U.S. Magistrate Judge Johnston in Great Falls on March 31, 2015, and entering pleas of Not Guilty were:
- COBRA JADE SPOTTED WOLF, a 35-year-old resident of Poplar, appeared on charges of burglary and assault resulting in serious bodily injury. If convicted the most serious charge contained in the indictment, SPOTTED WOLF faces 20 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation and Fort Peck Tribes Department of Law and Justice. PACER Case Reference: 15-19
Appearing before U.S. Magistrate Judge Ostby in Billings on March 27, 2015, and entering pleas of Not Guilty were:
- JUEL REBECA GRAHAM, a 29-year-old resident of Hardin, appeared on charges of conspiracy to distribute methamphetamine and distribution of methamphetamine. If convicted of the most serious charges contained in the indictment, GRAHAM faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Bureau of Indian Affairs. PACER Case Reference: 15-26
Appearing before U.S. Magistrate Judge Lynch in Missoula on March 25, 2015, and entering pleas of Not Guilty were:
- ARMANDO GOMEZ-HERNANDEZ, a 51-year-old resident of Mexico, appeared on charges of illegal reentry. If convicted of the charge contained in the indictment, GOMEZ-HERNANDEZ faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the United States Border Patrol. PACER Case Reference: 15-05
- RAFAEL RAMOS-ROMERO, a 28-year-old resident of Mexico, appeared on charges of illegal reentry. If convicted of the charge contained in the indictment, RAMOS-ROMERO faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by Immigration and Customs Enforcement. PACER Case Reference: 15-19
Appearing before U.S. Magistrate Judge Ostby in Billings on March 20, 2015, and entering pleas of Not Guilty were:
- MELVIN LEE WOODENTHIGH, JR., a 33-year-old resident of Lame Deer, appeared on charges of sexual abuse, sexual abuse of a minor, abusive sexual contact and abusive sexual contact of a minor. If convicted of the most serious charges contained in the indictment, WOODENTHIGH faces life in prison, $250,000 in fines and lifetime supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference: 15-20
Appearing before U.S. Magistrate Judge Ostby in Billings on March 19, 2015, and entering pleas of Not Guilty were:
- RENEE ANN ZINNECKER, a 50-year-old resident of Billings, appeared on charges of wire fraud. If convicted of the most serious charge contained in the indictment, ZINNECKER faces 20 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference: 15-09
Appearing before U.S. Magistrate Judge Ostby in Billings on March 17, 2015, and entering pleas of Not Guilty were:
- MICHAEL SERREL JOHNSON, a 45-year-old resident of Minot, North Dakota, appeared on charges of possession with intent to distribute methamphetamine. If convicted of the charge contained in the indictment, JOHNSON faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Drug Enforcement Administration and Montana Division of Criminal Investigations. PACER Case Reference: 15-13
Appearing before U.S. Magistrate Judge Lynch in Missoula on March 17, 2015, and entering pleas of Not Guilty were:
- BLAINE GARRETT REPOSA, a 30-year-old resident of Corvallis, Oregon, appeared on charges of distribution of child pornography. If convicted of the most serious charges contained in the indictment, REPOSA faces 20 years in prison, $250,000 in fines and lifetime supervised release. The case was investigated by the Internet Crimes Against Children Task Force, Bozeman Police Department and Gallatin County Sheriff’s Office. PACER Case Reference: 14-29
- ANTHONY DANE ROBERTY, a 54-year-old resident of Bozeman, appeared on charges of receipt of child pornography. If convicted of the charge contained in the indictment, ROBERTY faces 20 years in prison, $250,000 in fines and lifetime supervised release. The case was investigated by the Internet Crimes Against Children Task Force, the Federal Bureau of Investigation, Homeland Security Investigations, Bozeman Police Department and Montana Division of Criminal Investigations. PACER Case Reference: 15-16
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Indianapolis residents convicted of trafficking firearms to HondurasRead the Press Release
Three convicted of illegally purchasing and exporting handguns
PRESS RELEASE
Indianapolis – Josh J. Minkler, the United States Attorney, announced today the recent convictions of three Indianapolis residents in two separate schemes to unlawfully purchase handguns in Indiana and export those weapons to Honduras, Central America.
On Wednesday, U.S. District Judge William T. Lawrence sentenced Wilmer A. Mejia-Fuentes (“Mejia”) to 36 months imprisonment and a $1,500 fine for his role in purchasing and exporting 21 handguns to Honduras. Judge Lawrence had previously sentenced Mejia’s ex-wife, Starlene Mejia, to two years of probation for illegally straw-purchasing three of the 21 handguns her ex-husband exported to Honduras.
In a separate but nearly identical case, on July 31, 2014, U.S. District Judge Tanya Walton Pratt sentenced Alex Martinez to 39 months imprisonment and a $5,000 fine for unlawfully purchasing and then exporting 28 handguns from Indiana to Honduras.
This case was jointly investigated by the U.S. Department of Homeland Security, Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Policia National Civil de Honduras, after law enforcement officials in Puerto Cortez, Honduras, located three identical, stainless steel, Beretta 9 millimeter handguns, wrapped in foam and duct tape, concealed inside a box containing clothing and household items that had been shipped from the United States. All three weapons were traced back to a purchase made by Alex Martinez at an Indianapolis area gun store. During the course of a lengthy subsequent investigation, ATF and HSI agents determined that between August of 2006 and November of 2010, Martinez and the Mejias purchased a total of forty nine (49) handguns from approximately nine (9) different federally licensed gun dealers in the Indianapolis metropolitan area. Of those forty nine 49 firearms, eighteen (18) were subsequently located in Honduras, where they were registered to various individuals in the Honduran national firearms registry. Thirty-one of the weapons remain unaccounted for.
When contacted by federal agents in Indianapolis, both Alex Martinez and Wilmer Mejia admitted they had exported the weapons they purchased to San Pedro Sula, Honduras, for the purpose of reselling them. Starlene Mejia admitted she had purchased firearms for her ex-husband which he subsequently exported to Honduras. Wilmer Mejia admitted that he was able to sell the handguns in Honduras for nearly $800 per weapon more than he paid for them.
These crimes were particularly egregious given the destination of the illegally exported firearms. Honduras is one of the poorest countries in Latin America and the city of San Pedro Sula, where many of the guns ended up, has been particularly hard hit by violence.
According to Assistant United States Attorney Matthew Rinka, who prosecuted the case for the government, both Alex Martinez and Wilmer Mejia were ordered to serve two years of supervised release following their release from incarceration. Wilmer Mejia, who is a lawful permanent resident of the United States, also faces deportation proceedings.
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Indianapolis man sentenced for witness tamperingRead the Press Release
PRESS RELEASE
INDIANAPOLIS – Josh J. Minkler, United States Attorney, announced today that Logan Mediate, 21, a resident of Indianapolis, Indiana, was sentenced to prison by U.S. District Judge Tanya Walton Pratt to 156 months (13 years) imprisonment following his guilty plea to tampering with a federal witness and possession of a sawed-off shotgun in furtherance of a crime of violence. Mediate was also sentenced to five years of supervised release upon his release from incarceration.
“Anyone who threatens or intimidates a witness will feel the full wrath of federal prosecution,” said Minkler. “Violent crime cannot be tolerated in our neighborhoods and reducing it, will remain a top priority of this office.”
On February 26, 2014, the FBI arrested Mediate’s mother, Jennifer Gaddy, for the distribution of methamphetamine. On March 17, 2014, Mediate confronted the confidential informant who had purchased the methamphetamine from Gaddy in the Mars Hill area of Indianapolis. Mediate told the informant that he knew the informant’s cooperation had led to Gaddy’s arrest and threatened to kill the informant. Mediate produced a sawed-off shotgun from his vehicle and pointed it at the informant. Mediate then pointed the sawed-off shotgun into the air and discharged a round from the shotgun. Mediate then repeated his threat to kill the informant. On March 24, 2014, the FBI located the sawed-off shotgun at a residence in Mars Hill. The FBI also located photographs of Mediate posing with the sawed-off shotgun that Mediate had posted on his Facebook page.
On June 6, 2012, a Marion County jury found Mediate not guilty on charges stemming from a double homicide in Indianapolis.
The case was investigated by the Federal Bureau of Investigation’s Safe Streets Task Force and prosecuted by Bradley A. Blackington, Senior Litigation Counsel for the U.S. Attorney’s Office.
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Gardiner Man Sentenced to over Four Years for Pharmacy RobberyRead the Press Release
Contact: F. Todd Lowell
Assistant United States Attorney
Tel: (207) 945-0373Bangor, Maine: United States Attorney Thomas E. Delahanty II announced that Jesse Mansir, 31, of Gardiner, Maine, was sentenced today in U.S. District Court to 51 months in prison and three years of supervised release for pharmacy robbery. He pleaded guilty to the charge on October 28, 2014.
Court records reveal that on August 21, 2014, Mansir entered the Rite Aid Pharmacy in Gardiner, approached the pharmacy counter and handed a threatening note to a pharmacy technician. He told the technician that he had a gun and he concealed one of his hands. The pharmacist gave Mansir two bottles of Oxycodone and he fled.
Law enforcement officers located Mansir with the aid of a police dog and recovered one of the stolen Oxycodone bottles. A Gardiner police officer identified Mansir as the robber after reviewing surveillance video from the pharmacy. Two of the pharmacy employees also identified him as the robber from a photo array.
The investigation was conducted by the Gardiner Police Department, the Maine State Police, the Kennebec County Sheriff’s Office, and the Federal Bureau of Investigation.
Former Senior Living Center Employee Charged with ID Theft and $335,000 FraudRead the Press Release
BIRMINGHAM -- The U.S. Attorney's Office today charged a former Hoover senior living center employee with using the identity of a resident with dementia, without authorization, to steal more than $300,000 from the resident's bank and credit accounts, announced U.S. Attorney Joyce White Vance and U.S. Secret Service Special Agent in Charge Craig Caldwell.
Federal prosecutors charged SHOSTOCKA KEYA WARD, 43, of Vestavia Hills, with bank fraud and aggravated identity theft in an information filed in U.S. District Court. Prosecutors also filed a plea agreement with Ward, in which she acknowledges the charges and agrees that she will plead guilty to one count of bank fraud and one count of aggravated identity theft. She also agrees to pay restitution of $335,214 and to forfeit that same amount to the government as proceeds of illegal activity.
According to Ward's plea agreement, her fraud included writing more than $70,000 in unauthorized checks to herself and using one of the victim's credit cards for expenses including financing her own wedding, applying money to someone's prison account, making car and private school tuition payments, and taking trips to Las Vegas, Chicago, Tunica, Miss., and Gatlinburg, Tenn.
According to the government's charging document and Ward's plea agreement, she worked at Galleria Woods as a resident assistant or a transportation coordinator from about August 2010 to January 2014. In 2011, Ward became acquainted with the victim, a Galleria Woods resident who was 75 years old, had no immediate family, few visitors and an out-of-town family friend who served as her power of attorney, but was not actively involved in her daily care or the management of her daily finances.
Ward began assisting the victim with transportation, errands, bill payments and other financial issues, and gained access to the victim’s purse, mail, financial statements, checkbook, and debit and credit cards, according to the information. Ward maintained her relationship with the victim during her employment at Galleria Woods as the victim’s mental and physical condition declined and she became incapable of managing her financial affairs, according to the charges against Ward.
Between Oct. 11, 2011, and Feb. 13, 2014, Ward carried out a scheme to defraud eCO Credit Union of money in the victim’s account through various means and without the victim’s authorization, according to the information and plea agreement. Ward used the victim’s checks for her own benefit, often forging her signature, and obtained a check/ATM card on the eCO account, according to the charges. Ward used the checks and the debit card to obtain cash and to pay for goods and services worth more than $120,000, according to the information. She also used the victim’s Chase Bank, State Farm Bank and Macy's Department Store credit cards for hundreds of thousands of dollars in personal expenses and purchases, and paid portions of those bills with money from the victim's credit union account to continue the scheme.
The maximum prison penalty for bank fraud is 30 years. The penalty for aggravated identity theft is a mandatory two years in prison, which must be served after completion of any other prison sentence imposed for the crime.
U.S. Secret Service investigated the case, which Assistant U.S. Attorney Erica Williamson Barnes is prosecuting
Former Florence Resident Sentenced for Theft of Government Funds and Identity TheftRead the Press Release
Contact Person: Bill Day (803) 929-3000
Florence, South Carolina ---- United States Attorney Bill Nettles stated today that Don Carlos Gibson, Jr., age 48, of Church Hill, Tennessee and formally of Florence, South Carolina, was sentenced in federal court in Florence for Theft of Government Funds, a violation of 18 U.S.C. § 641, and Identity Theft, a violation of 18 U.S.C § 1028A(a)(1). United States District Judge R. Bryan Harwell of Florence sentenced Gibson to seven years imprisonment to be followed by three years of Supervised Release and also ordered Gibson to pay $811,592.07 in restitution.Evidence presented at the change of plea hearing and sentencing established that Gibson collected disability payments from the Department of Veterans Affairs (VA) and the Social Security Administration (SSA) from 1997 to 2013 by falsely claiming he was unable to work. During the time Gibson claimed to be disabled, he attended golfing school in Myrtle Beach and was the general manager of a country club in North Carolina, a car salesman in North and South Carolina, and the pastor of a church in South Carolina and Oklahoma. Gibson's fraud caused losses of $352,576 to the VA and of $407,184 to the SSA. Gibson also caused losses of $51,832 to an individual he defrauded while working as a pastor in Oklahoma. Gibson also used another person’s identity to purchase automobiles and boats and to obtain loans in South Carolina, Tennessee, Oklahoma and Florida.
The case was investigated by agents of the Office of Inspector General (OIG) Department of Veterans Affairs and OIG Social Security Administration. Assistant United States Attorney William E. Day, II of the Columbia office is prosecuting the case.
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Federal Jury in Del Rio Convicts Texas Syndicate MemberRead the Press Release
In Del Rio yesterday, a federal jury returned guilty verdicts against a Texas Syndicate member for various violations of federal racketeering offenses committed in Uvalde, San Antonio and the surrounding areas announced Acting United States Attorney Richard L. Durbin, Jr., and Special Agent in Charge Christopher Combs of the FBI’s San Antonio Division. The Defendant faces life in prison for each racketeering offense he has been found guilty of committing.
Jurors convicted 39-year-old George “Curious” Sanchez of Uvalde, Texas, of conspiracy to violate the Racketeering Influenced Corrupt Organization (RICO) statute. Evidence presented during the trial revealed that Sanchez is a member of the Texas Syndicate and along with fourteen other members and associates, conspired since 2002 to commit 3 murders, and conspired to distribute controlled substances. He also was found guilty of conspiracy to commit murder in aid of racketeering and murder in aid of racketeering for the murder of Rogelio Mata on October 13, 2002 in Uvalde, Texas. Mr. Mata was murdered for failing to follow the rules of the Texas Syndicate.
According to testimony at trial, the Texas Syndicate is a violent prison gang that has spread its influence into Texas cities and towns. Members of the Texas Syndicate are bound by a set of rules that ensure loyalty and participation in the enterprise’s criminal activities and are subject to strict and harsh discipline, including death, for violating the rules. The rules require that a member continue his participation in the organization even after his release from prison. Membership is for life and the gang comes first above all else, to include family.
On July 1, 2013, in a jury trial in Del Rio, Texas, Sanchez’s co-defendants Raul “Fatboy” Rodriquez of Uvalde, Texas, Mike “Big Mike” Cassiano of Uvalde, Texas and Cristobal “Little Cris” Velasquez of Uvalde, Texas, were convicted of conspiracy to violate the RICO statute. Rodriquez also was convicted of the substantive charge of violent crime in aid of racketeering for the murder of Rogelio Mata in Uvalde, Texas on October 13, 2002. Velasquez was found guilty of conspiracy to commit violent crime in aid of racketeering and the substantive charge of violent crime in aid of racketeering for the murder of Jose Guadalupe de la Garza on December 25, 2005 in Uvalde, Texas. Cassiano also was found guilty of two counts of conspiracy to commit violent crime in aid of racketeering for the murder of Jose Guadalupe de la Garza on December 25, 2005 in Uvalde, Texas, and the November 9, 2009 murder of Jesse James Polanco in Uvalde, Texas. All three are currently awaiting sentencing.
In addition, the following 10 co-defendants are awaiting sentencing after pleading guilty prior to trial for violating the RICO statute: Sotero Rodriguez Martinez (a.k.a. “June”), of Uvalde, Texas; Chuco Mario Martinez (a.k.a. “Mariachi”), of Uvalde, Texas; Jose Andres Torres (a.k.a. “Yogi”), of Uvalde, Texas; Larry Munoz, Jr. (a.k.a. “Little Larry”), of Uvalde, Texas; Brian Esparza (a.k.a. “Tata”), of Uvalde, Texas; Charles Esparza (a.k.a. “Horse”), of Uvalde, Texas; Ervey Sanchez (a.k.a. “Mad Max”), of Uvalde, Texas, Mark Anthony Vela, of Hondo, Texas; Mario Alberto Gonzales (a.k.a. “The Enforcer”), of Hondo, Texas and, Charles Olan Quintanilla, of Hondo, Texas.
The case resulted from a joint investigation by the Federal Bureau of Investigation with the Texas Department of Public Safety--Criminal Investigations Division, San Antonio Police Department, Medina County Sheriff’s Office and the Bandera County Sheriff’s Office. Also assisting in the investigation was the 38th Judicial District Adult Probation Gang Unit, Texas Department of Criminal Justice and the U.S. Bureau of Prisons. The U.S. Marshals Service, U.S. Immigration and Customs Enforcement-Customs and Border Protection and the Uvalde County Sheriff’s Department assisted in making the arrests. The case against Defendant Sanchez was prosecuted by Assistant United States Attorneys Patrick Burke, Ralph Paradiso and Matthew Watters.
Federal Court Sentences Davenport Man for Felon in Possession of a FirearmRead the Press Release
DAVENPORT, IA - On April 3, 2015, Ricardo Torres, age 31, of Davenport, Iowa, was sentenced by United States District Court Chief Judge John A. Jarvey to 30 months in prison, announced United States Attorney Nicholas A. Klinefeldt. Torres was also ordered to serve three years of supervised release following the imprisonment, and to pay $100 towards the Crime Victims Fund.
On March 5, 2014, after having been convicted of a felony, Torres possessed four firearms: a Jiminez Arms, J. A. NINE 9mm handgun; a HWM Windicator .38/.357 caliber revolver; a American Tactical GSG-522, .22 caliber rifle; and a Mossberg, Model 500A 12 gauge shotgun. Torres pleaded guilty on October 29, 2014, to the charge of being a felon in possession of a firearm.
This case was investigated by the Davenport, Iowa, Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Father and Son Plead Guilty in Massive Marijuana Grow Field CaseRead the Press Release
BROWNSVILLE, Texas – Miguel Echevarria-Zuniga, 52, and Miguel Echevarria-Guizar, 22, have entered guilty pleas to manufacturing marijuana, announced U.S. Attorney Kenneth Magidson along with Deputy Special Agent in Charge Mark Dawson of Homeland Security Investigations (HSI).
The charges stem from an August 2014 investigation by HSI which revealed that part of a 40-acre tract of land in a rural area of Willacy County was being used to grow marijuana. Agents discovered more than 9,000 marijuana plants growing in the field.
Agents arrested the Echevarrias, both Mexican citizens, as they attempted to abscond from the area. Fingerprint analysis linked both defendants to items found in the marijuana field. Agents also searched a storage shed which was rented by Echevarria-Zuniga and found sales receipts for items found in the marijuana field.
“Regardless of their role in a drug trafficking organization, this type of criminal activity will not be tolerated,” said Dawson. “HSI will continue to utilize its broad authorities to dismantle criminal organizations who blatantly ignore the laws of this nation.
U.S. District Andrew S. Hanen accepted the pleas today and has set sentencing for July 6, 2015. At that time, they each face a mandatory minimum of 10 years and up to life in federal prison as well as a $10 million fine. Echevarria-Zuniga also pleaded guilty to being an alien found in the United States after having been deported. He faces a maximum of 20 years imprisonment as well as a $250,000 fine for that conviction.
This case was investigated by HSI and prosecuted by Assistant U.S. Attorneys Israel Cano III and David A. Coronado.
El Paso Businessman Sentenced to Federal Prison for Money LaunderingRead the Press Release
In El Paso this week, 54-year-old Eduardo A. Herrera, owner of Best for Less Collision Center in El Paso, was sentenced to ten years in federal prison for his part in a money laundering scheme announced Acting United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge Waldemar Rodriguez in El Paso.
In addition to the prison term, United States District Judge David Briones ordered that Herrera forfeit his business property valued at $411,000.00, and cash seized from four business bank accounts totaling $15,451.05.
Herrera’s sentence also included a $1,000,000 money judgment.
On January 14, 2015, Herrera pleaded guilty to one count of money laundering. According to court documents, an HSI El Paso investigation determined that Herrera used Best for Less Collision Center for transnational drug smuggling and money laundering. Proceeds of cocaine and marijuana smuggled from Mexico and transported to end users in the Jacksonville, Florida area, were sent to El Paso through numerous funnel accounts held in third parties’ names. Best for Less Collision Center withdrew the proceeds and covered deposits into the business' bank accounts with false invoices. More than $2,000,000 has been identified as being funneled through third party accounts.
This case was investigated by special agents with Homeland Security Investigations and the Drug Enforcement Administration along with the El Paso Police Department as part of the El Paso Southwest Border FOCUS Financial Task Force. Assistant United States Attorney Joseph Blackwell prosecuted this case on behalf of the Government
Distributors of Synthetic Cannabinoids Plead Guilty to Federal ChargesRead the Press Release
CONCORD, NEW HAMPSHIRE – Two men who were responsible for distributing large quantities of unlawful synthetic cannabinoid products have entered guilty pleas in federal court, announced United States Attorney John P. Kacavas.
On March 31, 2015, Kyle Hurley (32) pleaded guilty to participation in a conspiracy to distribute, and possess with intent to distribute, controlled substances. He is scheduled to be sentenced on July 14, 2015. He faces a maximum of 20 years in prison.
On February 12, 2015, Robert Costello (71) pleaded guilty to conspiracy to travel in interstate commerce with the intent to commit a drug trafficking crime and to traveling in interstate commerce with the intent to commit a drug trafficking crime. He is scheduled to be sentenced on May 27, 2015. He faces up to five years in prison on each charge.
Hurley and Costello were arrested on March 28, 2014, after they arranged to deliver more than one ton of synthetic cannabinoid products to undercover law enforcement officers. The synthetic cannabinoid products contained AB-FUBINACA, an illegal controlled substance. Hurley and Costello manufactured and distributed synthetic cannabinoids that were sold in packages bearing a variety of brand names, including “Scooby Snax,” “Bizarro,” “Toxic Blue Magic,” and “Caution Platinum.” These products, which were then sold in convenience stores and at other locations, contained chemicals that are unlawful controlled substances.
Undercover law enforcement officers first began purchasing the unlawful products at convenience stores in Hooksett and Londonderry. Thereafter, they were introduced to Costello, who had been providing the products to the convenience stores. The undercover officers then arranged to acquire quantities of synthetic cannabinoids directly from Costello. When the undercover officers expressed an interest in purchasing larger quantities, Costello introduced them to his source of supply, Hurley, who agreed to supply the undercover officers with large quantities of synthetic cannabinoids. After arranging a purchase of approximately 15 kilograms of synthetic cannabinoids from Hurley and Costello on March 18, 2014, the undercover officers then arranged the one-ton transaction, which led to the arrest of Hurley and Costello on March 28, 2014.
Following the arrests, law enforcement officers executed a search warrant at Costello’s residence in Lawrence, Massachusetts. A shed at the residence was being used to package synthetic cannabinoids. Among the items seized were approximately 46 kilograms of packaged synthetic cannabinoids, as well as approximately 24 kilograms of bulk synthetic cannabinoids, empty packages, shipping documents, scales, heat sealers, and flavorings.
A search warrant was executed at a garage on a property in Seabrook, New Hampshire that belonged to a relative of Hurley. Among the items seized were 16 trash bags each containing 15-kilograms of synthetic cannabinoid products, two trash bags containing approximately 100 packages of synthetic cannabinoids, 28 boxes containing empty packages, scales, empty acetone containers, and shipping materials. In total approximately 225 kilograms of bulk synthetic cannabinoids were seized.
A search warrant was also executed at a location in Epping, New Hampshire, where the synthetic cannabinoids were being manufactured. Among the items located were a cement mixer that was used to manufacture the products, approximately 48 empty 5-gallon drums of acetone, empty chemical containers with AB-FUBINACA residue, three garbage bags containing approximately six kilograms of bulk synthetic cannabinoids, thousands of empty synthetic cannabinoid packages, and approximately 27 kilograms of packaged synthetic cannabinoids.
The investigation is ongoing.
The Drug Enforcement Administration’s Tactical Diversion Squad led the investigation in collaboration with the U.S. Postal Inspection Service and Homeland Security Investigations. The investigators also received the invaluable assistance of DEA-NH/HIDTA and DEA’s Air Wing, the New Hampshire and Massachusetts State Police, the U.S. Marshal Service, Portsmouth Police Department, Somersworth Police Department, Kingston, Police Department, the Dover Police Department, and the York and Kittery, Maine Police Departments. It is being prosecuted by Assistant United States Attorney John J. Farley.
Des Moines Woman Convicted on Numerous Counts of Defrauding Federal and State Welfare ProgramsRead the Press Release
DES MOINES, IA – On April 2, 2015, Des Moines resident Julia Nguyen, age 48, also known as Loan Nguyen, was convicted on 22 federal felony counts by a jury in the Southern District of Iowa, announced United States Attorney Nicholas A. Klinefeldt.
Nguyen was convicted of attempted immigration fraud, theft of federal government funds, social security fraud, false use of a social security number belonging to another person, aggravated identity theft, making material false statements to the U.S. Department of Housing and Urban Development (HUD), committing health care fraud in relation to the Iowa Consumer Directed Attendant Care (CDAC) program, and mail fraud in connection with the Iowa food assistance program.
"The defendant defrauded the Supplemental Security Income (SSI) program, the federal subsidized housing program, the state rental rebate, food assistance, and consumer directed attendant care programs, and tried to deceive federal immigration officials," explained U.S. Attorney Nick Klinefeldt. "The integrity of these programs is bolstered by the success of federal and state investigators to put an end to Ms. Nguyen’s pervasive effort to illegally reap welfare benefits from them."
The two immigration fraud charges relate to events in 2007. Nguyen tricked a local doctor into completing false immigration documentation for two Vietnamese nationals who were seeking to become U.S. citizens, but had had difficulty passing the language and civics portion of the naturalization process. Although federal officials rejected the paperwork after it was submitted, Nguyen nevertheless tried to convince federal authorities that the applicants were medically unable to pass the exams, and should be granted exemptions.
The theft of government funds and social security fraud convictions stem from Nguyen’s abuse of the SSI program, which provides financial assistance to handicapped and elderly people. Over several years, Nguyen fraudulently obtained over $59,000 of SSI of numerous persons who had left the country and were no longer eligible to receive program benefits. This undisclosed income made her ineligible for the $33,600 of SSI she received from 2010 through 2013.
Nguyen was also convicted of using the name and social security number of a man who years earlier had returned to Vietnam to fraudulently obtain funds from the State of Iowa. Nguyen submitted claims to the state rental reimbursement program asserting he was renting an apartment in Des Moines, and received over $3,600.
The jury also convicted Nguyen of making false statements to HUD in connection with receiving subsidized housing by concealing from the government her true income and assets.
The health care fraud conviction related to a Medicaid-based program designed to keep elderly or physically disadvantaged people out of nursing homes, called consumer directed attendant care. After Nguyen’s doctor certified Nguyen was ineligible for the program, Nguyen altered the doctor’s form to make it appear she needed such care, and submitted it to the State. Nguyen’s application was approved, and one of Nguyen’s daughters was paid by the State to provide such unnecessary care.
The mail fraud conviction covered Nguyen’s abuse of the food assistance program, which is jointly funded by the U.S. Department of Agriculture and the State of Iowa. After an elderly food assistance recipient left Iowa to return to his home country of Vietnam, Nguyen had his food assistance electronic benefits (EBT) card sent to Nguyen’s post office box, and used it for Nguyen’s own benefit for several years. Nguyen had replacement EBT cards and various notices sent by the State in the original recipient’s name to Nguyen’s post office box. Trial evidence showed Nguyen using the original recipient’s EBT card to conduct a $199 transaction at a local Wal-Mart. The program was defrauded of over $10,000.
The sentencing hearing has been scheduled for July 7, 2015.
The case was investigated by the Social Security Administration-Office of Inspector General; Homeland Security Investigations; U.S. Citizenship and Immigration Services; Iowa Department of Inspections and Appeals; the U.S. Department of Housing and Urban Development-Office of Inspector General, and U.S. Postal Inspection Service. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Any persons aware of any similar fraud can report it to the Homeland Security Investigations hotline, 1-866-347-2423.
Conroe Family Guilty of Disability FraudRead the Press Release
HOUSTON - Ali Irsan, 58, has been convicted of conspiracy to defraud the United States, announced U.S. Attorney Kenneth Magidson. Irsan’s wife - Shmou Ali Alrawabdeh, 38 - and daughter - Nadia Irsan, 31 - have also been convicted by previously entering guilty pleas to making false statements in association with the fraud scheme.
Ali Irsan is a naturalized U.S. Citizen from Jordan and a resident of Conroe. He and members of his family received Supplemental Security Income (SSI), which is needs-based benefit provided by the Social Security Administration (SSA). SSI pays monthly benefits to the disabled, who DO NOT have resources. An individual with resources, excluding a home and a car, is ineligible for SSI.
On or about Sept. 4, 2002, Ali Irsan applied for SSI benefits claiming he had been disabled and unable to work since 1990. However, Irsan failed to report that he maintained a bank account in Jordan with a balance that fluctuated from approximately $4,000 to $16,000. Also, in January 2010, Ali Irsan received a settlement check for $75,000, which he failed to report to the SSA. Shmou and Nadia Irsan falsified documents in order to aid the fraud scheme involving the disability benefits.
The three family members will remain in custody pending their sentencing hearing, which is set for June 2015. At that time each face up to five years in federal prison and a possible $250,000 maximum fine.
The investigation leading to the charges was led by SSA - Office of Inspector General with the assistance of FBI, Houston Police Department and sheriff’s offices in Harris and Montgomery Counties among others. Assistant U.S. Attorney Jim McAlister is prosecuting the case.
Cleveland man sentenced to nearly 13 years in prison for identity theft and tax fraudRead the Press Release
A Cleveland man was sentenced to nearly 13 years in prison for his role in a conspiracy to use false identities, including those of people incarcerated, to file nearly $2 million worth of false tax claims, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Kathy Enstrom, Special Agent in Charge of IRS Criminal Investigation, Cincinnati Field Office.
“This defendant stole identities and ripped off taxpayers,” Dettelbach said.
“This 12-plus year sentence demonstrates our unwavering commitment to protecting the interests of law-abiding taxpayers,” Enstrom said. “We will continue to partner with the U.S. Attorney’s Office and investigate the criminals who engage in such brazen and fraudulent conduct, ensuring that the only citizens who receive tax refunds are those who are entitled to them.”
Kenneth A. White, 48, was sentenced to 155 months in federal prison and ordered to pay $342,365 in restitution after previously pleading guilty to multiple criminal counts.
White recruited people to use as claimants on some false tax returns, often with the promise of substantial refunds. White also obtained names, Social Security numbers and other personal identifiers of other people to use as claimants, including people in prison or jail. In some cases, this was done without the knowledge or consent of these other people, according to court documents.
Gwendolyn N. White, at the direction of Kenneth White and for a fee, prepared and electronically filed 10 false income tax returns for the year 2008 in the name of the claimants. The total amount claimed in the returns was approximately $1,995,687, according court documents.
Gwendolyn N. White, 32, of Cleveland, was previously sentenced to nearly four years in prison for her role in the conspiracy.
This case is being prosecuted by Assistant U.S. Attorney Vasile Katsaros following an investigation by the Internal Revenue Service – Criminal Investigations.
Chicago Prepaid Cellphone Business Owner Pleads Guilty to Filing False Federal Income Tax ReturnsRead the Press Release
CHICAGO — A business owner of Chicago based prepaid phone stores pleaded guilty yesterday to federal income tax fraud, admitting that he filed four false tax returns, resulting in a tax loss to the United States of more than $174,093, beginning in 2009. The defendant, Ken Leon, 47, of Westmont, pleaded guilty to one count of filing a false individual federal income tax return in 2012 at his arraignment in U.S. District Court after he was charged in a single-count information filed late last month. U.S. District Court Judge Sara L. Ellis set sentencing for June 25, 2015.
Leon was the owner of Ezbuyphones, a prepaid phone business with three Chicago stores, which sold cellphones and accessories and prepaid cell phone minutes and provided electronic bill-paying services. Beginning no later than 2009 and continuing through 2012, the defendant received from his business significant income that he failed to report to the Internal Revenue Service. He received income from his business in two ways; he periodically made cash and check deposits from his business into his personal bank accounts and he paid personal expenses from his corporate bank account, such as mortgage payments for his residence and credit card expenditures on travel, clothing, groceries, and restaurants.
In pleading guilty, Leon admitted that he caused a federal tax loss of $174,093 by filing false tax returns for 2009 - 2012. Leon did not provide accurate information to an accountant who prepared his returns. Specifically, he reported that he had earned only slightly more than $110,000 for the year 2012, when, in fact, his wages and compensation totaled approximately $347,546.
Leon faces a maximum sentence of three years in prison and a $250,000 fine, and his plea agreement contemplates an advisory United States Sentencing Guidelines range of 12 to 18 months in prison.
The guilty plea was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois, Robert J. Holley, Special Agent in Charge of the Chicago Division of the Federal Bureau of Investigation, and Stephen Boyd, Special Agent in Charge of the Internal Revenue Service Criminal Investigation Division in Chicago.
Federal tax law requires that U.S. taxpayers pay taxes on all income earned worldwide and to report certain foreign financial accounts.
The government is being represented by Assistant U.S. Attorney William Ridgway.
Plea Agreement
California Technology Company Enters into Non-Prosecution Agreement with U.S.Read the Press Release
HOUSTON – The U.S. Attorney’s Office for the Southern District of Texas (USAO-SDTX) has entered into a Non-Prosecution Agreement (NPA) with Curvature LLC, a California-based technology company, announced U.S. Attorney Kenneth Magidson. As part of the NPA, Curvature has agreed to pay a fine of $2.2 million, enter into a statement of facts, appoint a compliance officer to oversee its procurement activities and continue to enhance its compliance and ethics program.
According to the statement of facts, from approximately 2007 through 2010, Curvature resold new and used computer equipment under the name Network Hardware Resale Inc. (NHR). NHR advertised itself as the largest stocking provider of new and used surplus equipment made by Cisco Systems Inc. (Cisco), another technology company that produced and sold computer equipment including switches and routers.
Cisco sold its products directly to its customers and to its authorized resellers, also known as “Channel Partners,” and in certain limited circumstances, sold products at large discounts pursuant to an agreement known as a Direct Service Agreement (DSA). Under a DSA, the customer or partner was required to provide Cisco with information about the intended use of the products.
As early as 2007, NHR and certain NHR employees knew that Cisco did not condone, and in fact investigated, the sales of Cisco products at DSA prices to users who planned to resell the product and not use it internally. NHR did not, at any time, make any misrepresentations directly to Cisco. However, NHR employees were aware that at least one NHR vendor was submitting purchase orders to Cisco that did not accurately identify the ultimate purchaser of the products and whether the products would be used internally.
In April through December 2010, NHR purchased Cisco products from another company (identified as Company B), which was misrepresenting to Cisco how the products would be used. As a result of these misrepresentations, NHR and Company B obtained substantial discounts on the Cisco products. Company B obtained the products in excess of 86% off list price and then resold many of the products to NHR at approximately 71% off the list price.
Curvature also agreed that in August 2010, after Cisco began investigating the sale of certain products to Company B, Company B offered to provide a sampling of the products back to Cisco to show that they were not being resold. At Company B’s request, NHR shipped some of the products in NHR’s inventory back to Company B so that Company B could provide the products to Cisco in an attempt to demonstrate to Cisco that the products had not been resold.
Under the terms of the NPA, Curvature admitted responsibility for its conduct and agreed to institute remedial measures to prevent any future instances of such conduct, continue to cooperate in the investigation and enhance its compliance and internal controls. In exchange, the USAO-SDTX has agreed that, except for federal criminal tax violations, it will not criminally prosecute Curvature for any of the conduct described in the statement of facts.
The case was investigated by the U.S. Secret Service and the FBI. Assistant U.S. Attorneys Jason Varnado and John Pearson handled the case.
California Man Sentenced in Drug Trafficking and Money Laundering SchemeRead the Press Release
Anchorage, Alaska – U.S. Attorney Karen L. Loeffler announced today that a California resident was sentenced in federal court in Anchorage for one count of money laundering.
Ines Gutierrez Gaspar, 52, from Little Rock, California, was sentenced by Senior United States District Court Judge H. Russel Holland, to 21 months in prison for his role in conducting financial transactions in California involving funds which he knew to be the proceeds of drug trafficking in Alaska.
According to Assistant U.S. Attorneys Joseph Bottini and Stephan Collins, Gaspar was part of a drug trafficking and money laundering organization which operated between California and Alaska from 2009 until 2011. Gaspar was originally charged in 2011, along with 14 other co-defendants, in a multi-count indictment charging the defendants with conspiracy, drug trafficking, and money laundering. Eleven of Gaspar’s original codefendants were previously convicted of drug trafficking and money laundering charges, with some of those defendants receiving sentences of 10 to 11 years. Many of the earlier sentenced defendants were Mexican nationals, and several have been deported to Mexico following completion of their prison sentences. Gaspar himself is a Mexican citizen and a lawful permanent resident alien in the United States. He likewise faces deportation to Mexico following service of his prison sentence.
Gaspar remained a fugitive until last October when he was arrested in Fresno, California. He was transported to Alaska last November, and in January of this year Gaspar plead guilty to one count of money laundering for actions in withdrawing funds from a bank account in California which he knew to be the proceeds of drug trafficking in Alaska.
Ms. Loeffler commends the Federal Bureau of Investigation, the Internal Revenue Service, Criminal Investigations Division, Homeland Security Investigations, and the Anchorage Police Department for the investigation of this case.
Broward Resident Pleads Guilty to Stealing Personally Identifiable Information of Magazine Subscription CustomersRead the Press Release
A Broward resident pled guilty for her participation in an identity theft fraud scheme involving the personally identifiable information (PII) of magazine subscription customers.
Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and George L. Piro, Special Agent in Charge, FBI, Miami Field Office, made the announcement.
Eartha Ann Worthy, 29, pled guilty to one count of conspiracy to commit access device fraud and one count of aggravated identity theft.
According to court documents, law enforcement agents executed a search warrant at a residence and found the PII belonging to 36 individuals, including their names, addresses, credit card information, dates of birth or social security numbers, on order sheets (taken from a direct call telemarketing center) related to magazine subscriptions. The owner of the residence explained that Worthy was employed as a supervisor with a company that sells magazine subscriptions and that Worthy was the source of the PII.
Worthy admitted to providing information to the residence’s owner and stated that she knew that the information she was providing was being used for fraudulent purposes. Worthy stated that the residence’s owner used the stolen credit card information to pay bills and make small purchases. Worthy also provided PII to another individual, who was involved in a tax refund fraud scheme.
Sentencing is scheduled for June 11, 2015 at 9:30 a.m. At sentencing, Worthy faces a maximum of five years in prison for the conspiracy charge, and a mandatory term of two years in prison, consecutive to any other term in prison, for the aggravated identity theft charge.
Mr. Ferrer commended the investigative efforts of IRS-CI and the FBI. This case is being prosecuted by Assistant U.S. Attorney Cynthia R. Wood.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Bonne Terre, Missouri, Man Sentenced on Multiple Drug and Weapons ChargesRead the Press Release
St. Louis, MO – MELVIN J. SCHERRER was sentenced to 360 months prison on federal drug and weapons charges involving the distribution and manufacture of large amounts of methamphetamine from October 2010 to September 2013. He appeared today for sentencing before United States District Judge Catherine D. Perry.
The following co-defendants have pled guilty to related charges and have been sentenced:
Jorge Lopez, Corinth, TX, 120 months prison; Alan D. Adler, Bonne Terre, MO, 57 months prison; Howard R. Pyatt, a/k/a Bud, Bonne Terre, MO, 30 months prison; Arvil B. Matthews, Imperial, MO, 96 months prison; Amber D. Scism, Farmington, MO, 30 months prison; Terri L. Fox, St. Louis, 70 months prison; Guillermo Navarro, a/k/a Willie, St. Louis, MO, 96 months prison; Jerami A. Westenberger, Arnold, MO, 12 months and one day in prison; Brent T. Bouren, St. Louis, MO, 24 months prison; Mark E. Abney, Bonne Terre, MO, 18 months prison; and
Jerry L. Addison, St. Louis, MO, 24 months prison.This case is a joint operation of the Federal Bureau of Investigation, the Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, the Missouri State Highway Patrol, St. Charles and Jefferson County Sheriff's Offices, the St. Louis Metropolitan Police Department and multiple local law enforcement agencies. Assistant United States Attorney Jeannette Graviss prosecuted the case for the Attorney's Office.
Bangor Man Pleads Guilty to Drug Trafficking and Gun ChargesRead the Press Release
Contact: Chris Ruge
Assistant United States Attorney
Tel: (207) 945-0373Bangor, Maine: United States Attorney Thomas E. Delahanty II announced that Terrance Douglas, 35, of Bennettsville, South Carolina and Bangor, Maine, pled guilty today in U.S. District Court to conspiracy to distribute cocaine, cocaine base and heroin; possession with intent to distribute cocaine, cocaine base and heroin; and being a felon in possession of a firearm.
According to court records, from April to October, 2014, Douglas imported the drugs from out of state and then prepared, packaged, and distributed them in the Bangor area. Douglas, who had a previous felony conviction for distributing cocaine base, was also found in possession of a loaded Smith & Wesson .44 magnum pistol at the time of his arrest.
Douglas faces a minimum of 10 years and up to life years in prison, an $8,000,000 fine, and supervised release for life. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by the Maine Drug Enforcement Agency; the Bangor Police Department; and the Bureau of Alcohol, Tobacco, Firearms & Explosives.
Baltimore Cocaine Dealer Sentenced to 10 Years in PrisonRead the Press Release
Baltimore, Maryland – Chief U.S. District Judge Catherine C. Blake, sentenced Tyrone Robert Bailey, age 28, of Baltimore, Maryland, today to 10 years in prison, followed by five years of supervised release, for conspiracy to distribute and possess with intent to distribute cocaine.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Assistant Special Agent in Charge Gary Tuggle of the Drug Enforcement Administration, Baltimore District Office; Commissioner Anthony W. Batts of the Baltimore Police Department; Colonel William M. Pallozzi, Superintendent of the Maryland State Police; and Baltimore City State’s Attorney Marilyn J. Mosby.
According to his plea agreement, from December 2013 through April 2014, Bailey was a member of a conspiracy to distribute cocaine. As part of the conspiracy, Bailey obtained kilograms of cocaine from a New York supplier. Law enforcement overheard Bailey discussing drug activity over court-ordered wiretaps on a co-conspirator’s phones.
For example on March 10, 2014, Bailey was overheard telling a co-conspirator that he was traveling to New York that day to obtain cocaine. As Bailey returned from New York, Maryland State Police conducted a traffic stop of Bailey’s pick-up truck for speeding. Co-conspirator Lamont Thomas was driving the vehicle and Bailey was the front seat passenger. After a K-9 alerted to the presence of narcotics, law enforcement located an electronically controlled false compartment in the seat back of the rear bench seat. The compartment contained approximately 4.2 kilograms of cocaine. Law enforcement recovered $1,600 in cash and multiple cell phones from Bailey. One of the cell phones was the phone Bailey used to talk to his co-conspirator.
Lamont G. Thomas, age 34, of Baltimore, pleaded guilty to his role in the conspiracy and is scheduled to be sentenced on May 7, 2015, at 9:15 a.m. Bailey and Thomas have been detained since their arrest on March 10, 2014.
United States Attorney Rod J. Rosenstein commended the DEA, Baltimore Police Department, Maryland State Police, and Baltimore City State’s Attorney’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney Christopher J. Romano and Special Assistant U.S. Attorney Christopher Flagg, a cross-designated Baltimore City Assistant State’s Attorney assigned as part of the Baltimore initiative to combat violent crime, who prosecuted this Organized Crime Drug Enforcement Task Force case.
Aurora Felon Sentenced to 108 Months in Federal Prison for Being A Felon in Possession of A Firearm and Possession of A Firearm in Furtherance of A Drug Trafficking CrimeRead the Press Release
DENVER – Dominic Miller, age 26, of Aurora, Colorado, was sentenced this week by Senior U.S. District Court Judge John L. Kane to serve 106 months (nearly 9 years) in federal prison for being a felon in possession of a firearm and for possession of a firearm in furtherance of a drug trafficking crime, U.S. Attorney John Walsh and ATF Special Agent in Charge Luke Franey Announced. Following his prison term, Miller was ordered to serve 5 years on supervised release. The defendant, who appeared at the sentencing hearing in custody, was remanded at its conclusion.
Miller was indicted by a federal grand jury on April 22, 2014. He pled guilty before Judge Kane on January 9, 2015. He was sentenced yesterday, April 2, 2015.
According to court documents, including the stipulated facts contained in the defendant’s plea agreement, on March 6, 2014, Aurora Police Department Gang Intervention officers identified defendant Miller walking near the 2200 block of North Ironton Street in Aurora displaying Eight Tre Gangster tattoos. The officers attempted to make contact with Miller and another male. As the officers stopped their vehicle, getting out to approach the two, the defendant and other male fled. Officers eventually caught Miller and placed him under arrest.
As the officers placed Miller into custody, they observed the handle of a firearm sticking out of the defendant’s right front pants pocket. Officers recovered a HiPoint, .380 caliber pistol. The firearm was loaded with eight rounds of ammunition. It was then determined that the weapon was previously reported stolen by the Grand Island, Nebraska police department. Officers also located two baggies of crack cocaine with a gross weight of 3.3 and 3.7 grams respectively. Miller had a previous conviction in March 2009 of Aggravated Robbery, which was an armed carjacking. Miller was on parole for that conviction at the time of arrest. It was also confirmed that Miller was a gang member, possessing the firearm for protection against other gang members.
“The lengthy prison sentence handed down by Judge Kane demonstrates that cooperation between federal and local law enforcement is an effective means of removing dangerous drug dealers from our streets,” said U.S. Attorney John Walsh. “We will continue to focus on prosecuting the most dangerous felons who possess firearms as part of our effort to make our streets safer.”
“Violent felons who possess firearms pose a danger to the general public and law enforcement officers,” said ATF Denver Special Agent in Charge Luke Franey. “ATF and our partners at the Aurora Police Department will continue to pursue these individuals to keep the public safe.”
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Aurora Police Department.
Miller was prosecuted by Assistant U.S. Attorney Jeremy Sibert.
2 April 2015
Woman Who Had More Than 160 Pounds of Marijuana in Rental Car Is Sentenced to 24 Months in Federal Prison on Federal Drug Distribution ConvictionRead the Press Release
LUBBOCK, Texas — A woman who was found to have more than 160 pounds of marijuana in her rental car on Christmas Day 2013, was sentenced today by U.S. District Judge Sam R. Cummings to 24 months in federal prison, announced John Parker, Acting U.S. Attorney for the Northern District of Texas.
Christini Lynn Brashear, 45, of Rocklin, California, pleaded guilty in November 2014 to an indictment charging one count of possession with intent to distribute marijuana. Today, Judge Cummings ordered that she surrender to the Bureau of Prisons on May 8, 2015.
According to documents filed in the case, on December 25, 2013, the Abilene Police Department received multiple calls regarding a small sport utility vehicle that was on Interstate 20 traveling east at approximately five miles per hour. Officers located the vehicle and found it parked on the shoulder of the highway with Brashear asleep at the wheel. Officers called for emergency medical assistance for Brashear and advised her she was being taken to the hospital. She consented to an officer driving her car to the hospital to avoid having it towed, and she admitted using and possessing methamphetamine, which she turned over to the officers.
The officer driving Brashear’s vehicle noticed a strong odor of marijuana coming from inside the vehicle and later confirmed that the smell was coming from several duffle bags in the back that contained approximately 166 pounds of marijuana, individually bagged in one-pound clear plastic bags. The vehicle also contained multiple cell phones, two road atlases, and a note pad with hand-written directions to Houston, Texas. Rental papers for the vehicle show that it was rented to Brashear in Sacramento, California, on December 22, 2013, and it was due back to that location on December 26, 2013.
U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Abilene Police Department investigated. Deputy Criminal Chief Assistant U.S. Attorney Denise Williams prosecuted.
Wisconsin Man Pleads Guilty to Polo Bank RobberyRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Lublin, Wisconsin man pleaded guilty in federal court today to robbing a Polo, Mo., bank.
Oran Woodfin, 30, of Lublin, pleaded guilty before U.S. District Judge Dean Whipple to bank robbery.
By pleading guilty today, Woodfin admitted that he stole $7,867 from Bank Northwest, 305 Main St., Polo, on Friday, Jan. 9, 2015.
According to court documents, Woodfin entered the bank, approached a bank teller and ordered her, “Give me your money.” He kept his left hand inside his jacket as though he had a weapon. The teller pleaded with him, “Don’t shoot me,” and placed the cash from her teller drawer on the counter. Woodfin picked up the money and walked out of the bank.
Bank surveillance photos indicated the robber was driving a red Dodge extended cab pickup truck with a black canvas tonto cover in the bed of the truck. A witness to the robbery observed the truck had a broken driver’s side taillight cover although the bulb was still functioning. Photographs of the robber and the pickup truck were disseminated to the media.
On the same day as the robbery, Woodfin checked into the Super 8 Motel in Richmond, Mo. Employees at the motel saw the surveillance photos on a television newscast, thought that Woodfin and his vehicle matched the descriptions from the bank robbery and the photos, and notified the police department.
Richmond police officers arrested Woodfin without incident outside his motel room. Officers executed a search warrant at the motel room and seized $7,145, a new computer, clothes and a container of alcohol. The pickup truck had been reported as stolen out of Clark County, Wisconsin. Woodfin had a warrant for his arrest out of Wisconsin for a probation and parole violation.
Under federal statutes, Woodfin is subject to a sentence of up to 20 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 D. Michael Green. It was investigated by the Caldwell County, Mo., Sheriff’s Department, the Polo, Mo., Police Department, the Richmond, Mo., Police Department, the Ray County, Mo., Sheriff’s Department, the Missouri State Highway Patrol and the FBI.
Washington Pa., Man Charged with Stealing Firearms from Route 19 EZ-Cash Pawn ShopRead the Press Release
PITTSBURGH – A resident of Washington, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of violating federal laws, United States Attorney David J. Hickton announced today.
The three-count indictment named Joseph Valentino Monroe, 27, as the sole defendant.
According to the indictment presented to the Court, Monroe took eight firearms and approximately $1,230 in cash from Route 19 EZ-Cash LLC on Feb. 28, 2015. Route 19 EZ-Cash LLC is located at 110 Highland Avenue, Washington, Pa., 15301.
“Gun thieves, who rob ATF licensed firearms dealers, and then peddle stolen firearms onto our streets and into the hands of criminals will be aggressively pursued until they are placed in handcuffs. These gun traffickers, driven by greed, or to feed drug habits, set off the sequence of firearms-related violence in our neighborhoods”, said ATF Special Agent in Charge Sam Rabadi. “I commend the doggedness of the assigned ATF agents and investigators who swiftly identified and arrested the alleged gun burglar of the EZ Cash pawn shop. ATF works jointly with our State and local law enforcement partners to fight violent crime and make safer communities.”
The law provides for a minimum sentence of not less than seven years and a maximum of life in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history of the defendant.
This case is being prosecuted under Project Safe Neighborhoods, a collaborative effort by federal, state and local law enforcement agencies, prosecutors and communities to prevent, deter and prosecute gun crime. Assistant United States Attorney Conor Lamb is prosecuting this case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Virgin Islands Man Pleads Guilty to Fraud ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr., announced today that Kevin Liburd, 41, of St. Thomas, Virgin Islands, pleaded guilty before Senior U.S. District Judge William M. Skretny to conspiracy to defraud the United States. The charge carries a maximum penalty of five years in prison, a fine of $250,000 or both.Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that on January 27, 2011, the defendant, along with co-defendants Mica Donadelle and James Phillips, conspired to avoid the detection of $162,300 at the Buffalo Niagara International Airport. Phillips, an airport employee at the time, bypassed screening procedures and stored the money in an airport bathroom which was later picked up by Liburd.
Phillips has been convicted and is awaiting sentencing. Charges are still pending against Donadelle. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the culmination of an investigation on the part of the Safe Streets Task Force of the Federal Bureau of Investigation.
Sentencing is scheduled for July 1, 2015 at 2:00 p.m. before Judge Skretny.
Versailles Business Owner Pleads Guilty to Selling Synthetic MarijuanaRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Versailles, Mo., man pleaded guilty in federal court today to selling $750,000 worth of synthetic marijuana, commonly referred to as K2, at his store in Laurie, Mo.
Scott Wesley Hanson, 49, of Versailles, pleaded guilty before U.S. Magistrate Judge Matt J. Whitworth to participating in a conspiracy to introduce, receive, deliver and sell misbranded drugs across state lines and in foreign commerce.
Co-defendants Sharon Elizabeth Harrington, 27, of Bunceton, Mo., and Chadwick James Schlicht, 44, of Osage Beach, Mo., pleaded guilty on Monday, March 30, 2015.
Conspirators imported chemicals from other countries (including China), which carried misleading labeling in order to avoid detection by law enforcement officers. Those chemicals were used to create synthetic marijuana, which was packaged for sale in foil packets that bore the label “not for human consumption,” in an attempt to thwart drug-trafficking laws. The synthetic marijuana, which was falsely referred to as “incense” and “potpourri,” was shipped and sold throughout Missouri and the United States – including to Vedas, a business at 101 N. Main Street in Laurie, Mo., owned and operated by Hanson.
On June 4, 2012, a Morgan County, Mo., sheriff’s deputy, acting in an undercover capacity, entered Veda’s and asked Hanson for something that would not cause him to test positive for an illegal substance as he was on probation and did not want to jeopardize that. Hanson sold a package of “Mr. Happy” to the undercover deputy. The package, which contained synthetic marijuana, was mislabeled and did not contain directions for use.
Based upon the invoices, bank records, and products seized by law enforcement, Hanson purchased approximately $375,000 of synthetic cannabinoid products, which he then sold through his business for approximately $750,000. Hanson admitted that he sold, in aggregate, multiple kilogram quantities of synthetic marijuana products.
Under federal statutes, Hanson is subject to a sentence of up to five 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 Special Assistant U.S. Attorney Stuart J. Zander. It was investigated by the Drug Enforcement Administration, IRS-Criminal Investigation, Homeland Security Investigations, the Columbia, Mo., Police Department, the MUSTANG Task Force, the LANEG Drug Task Force, the Cole County, Mo., Sheriff’s Department, the Morgan County, Mo., Sheriff’s Department, the Camden County, Mo., Sheriff’s Department, the Camdenton, Mo., Police Department, the Missouri State Highway Patrol, the Kirksville, Mo., Police Department, the North Missouri Drug Task Force, the Schuyler County, Mo., Sheriff’s Department, the Edina, Mo., Police Department, the Linn County, Mo., Sheriff’s Department and the Brookfield, Mo., Police Department.
United States Reaches Settlement with Provider of Massive Open Online Courses to Make its Content Accessible to the DisabledRead the Press Release
BOSTON – Carmen M. Ortiz, U.S. Attorney for the District of Massachusetts and Acting Assistant Attorney General Vanita Gupta of the Civil Rights Division, announced today that the Department of Justice has entered into a settlement agreement with edX Inc. to remedy alleged violations of the Americans with Disabilities Act (ADA). The agreement resolves the Department’s allegations that edX’s website, www.edx.org, and its platform for providing massive open online courses (“MOOCs”), were not fully accessible to individuals with disabilities, including individuals who are blind or have low vision, individuals who are deaf or hard of hearing, and individuals who have physical disabilities affecting manual dexterity, in violation of Title III of the ADA. Among other things, the settlement requires edX to provide accurate captioning for the deaf, oral navigation signals for the blind, and programing changes so those with dexterity disabilities can navigate content without struggling with a hand-operated mouse.
“Critical portions of education are moving online, in tandem with the rest of our social experience. This new, educational online world readily can, and should be, built from the outset in a way that does not discriminate against those with disabilities,” said U.S. Attorney Carmen Ortiz. “Access to high quality education is one of the essential pillars of our democracy and to the well-being of our communities. This agreement ensures that those with disabilities will not be left behind.”
“MOOCs have the potential to increase access to high-quality education for people facing income, distance, and other barriers, but only if they are truly open to everyone. This landmark agreement is far-reaching in ensuring that individuals with disabilities will have an equal opportunity to independently and conveniently access quality higher education online” said Acting Assistant Attorney General Gupta. “edX is to be commended for working with the Justice Department to take such steps.”
edX was created by the Massachusetts Institute of Technology and Harvard University in 2012 as a nonprofit platform for select universities to offer MOOCs to the world. The consortium’s 36 charter members include University of California at Berkeley, Georgetown, Dartmouth, Caltech, the Sorbonne, and Peking University, in addition to Harvard and MIT. Today, edX has approximately 60 university and institutional members providing over 450 courses to over 3,000,000 learners. The courses are offered largely for free in subject matters as varied as business, computer sciences, hard sciences, food and nutrition, and social sciences.
Today’s agreement requires edX to make significant modifications to its website, platform, and mobile applications to conform to the Web Content Accessibility Guidelines (WCAG) 2.0 AA, which are industry guidelines for making web content accessible. Under the agreement, edX will also provide guidance and authoring tools to the entities that create and post courses on www.edx.org, many of which are independently covered by the ADA, to assist them in creating accessible course content. Because edX makes its software code freely available, any modifications to that code under this agreement will enable other MOOC providers to enhance the accessibility of their online offerings.
The four-year agreement requires edX to:
- make the edX website, its mobile applications, and learning management system software, through which online courses are offered, fully accessible within 18 months;
- ensure that its content management system, called Studio, which edX makes available to entities creating online courses, permits posting of accessible content;
- make its content management system fully accessible and equipped to create courses that are accessible to learners with disabilities within an additional 18 months;
- provide guidance to course creators at its member universities and other institutions on best practices for making online courses fully accessible;
- appoint a web accessibility coordinator;
- adopt a web accessibility policy;
- solicit feedback from learners on the accessibility of the courses;
- conduct web accessibility training for employees responsible for the website, platform, and mobile applications; and
- retain a consultant to evaluate conformance of the website, platform, and mobile applications.
Title III of the ADA prohibits discrimination on the basis of disability by public accommodations in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of places of public accommodations. Title III of the ADA also requires public accommodations to take necessary steps to ensure individuals with disabilities are not excluded, denied services, segregated, or otherwise treated differently because of the absence of auxiliary aids and services, such as accurate captioning of audible materials and labeling of visual materials. The Justice Department has long considered Title III and its implementing regulation to apply to the online services and communications of public accommodations.
This case was handled by Assistant U.S. Attorney Stephen P. Heymann of Ortiz’s Civil Rights Enforcement Team, and Trial Attorneys Eugenia Esch, William F. Lynch, and Dov Lutzker of the Department of Justice’s Disability Rights Section of the Civil Rights Division.
To find out more about federal disability rights laws, call the Justice Department’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD), or access its ADA website at www.ada.gov. ADA complaints, including those involving the inaccessibility of www.edx.org, may be filed by email to [email protected].
Two Queens, New York, Residents Charged with Conspiracy to Use a Weapon of Mass DestructionRead the Press Release
Defendants Allegedly Plotted to Construct an Explosive Device for Use in a Terrorist Attack on U.S. Soil
U.S. Attorney Loretta E. Lynch of the Eastern District of New York, Assistant Attorney General for National Security John P. Carlin, Assistant Director in Charge Diego G. Rodriguez of the FBI’s New York Field Office and Commissioner William J. Bratton of the New York City Police Department (NYPD) announced that earlier today, a criminal complaint was unsealed in federal court in the Eastern District of New York charging Noelle Velentzas and Asia Siddiqui with conspiracy to use weapons of mass destruction against persons or property in the United States. The defendants’ initial appearances are scheduled for this afternoon before U.S. Magistrate Judge Viktor V. Pohorelsky of the Eastern District of New York.
As alleged in the complaint, the defendants have repeatedly expressed their support for violent jihad. For instance, in or about 2009, Siddiqui published a poem in a magazine published by al-Qaeda in the Arabian Peninsula that exhorted readers to wage jihad and declared that there is “[n]o excuse to sit back and wait – for the skies rain martyrdom.” More recently, Velentzas, who has characterized al-Qaeda founder Usama Bin Laden as one of her heroes, declared that she and Siddiqui are “citizens of the Islamic State” – a reference to the foreign terrorist organization that is also known as Islamic State in Iraq and the Levant (ISIL). Less than two weeks ago, Velentzas, asked whether she had heard the news about the recent arrest of a former U.S. airman who had attempted to travel to Syria to wage jihad and stated that she did not understand why people were traveling overseas to engage in jihad when there were more opportunities of “pleasing Allah” in the United States.
Since at least August 2014, the defendants have allegedly plotted to construct an explosive device for use in a terrorist attack on American soil. In their self-proclaimed effort to “make history,” the defendants researched numerous explosive precursors. For instance, they researched and acquired some of the components of a car bomb, like the one used in the 1993 World Trade Center bombing; a fertilizer bomb, like the one used in the 1995 bombing of the federal building in Oklahoma City; and a pressure cooker bomb, like the one used in the 2013 Boston Marathon bombing. The investigation recently revealed that the defendants possessed propane gas tanks together with instructions from an online jihadist publication for transforming propane tanks into explosive devices.
“We are committed to doing everything in our ability to detect, disrupt and deter attacks by homegrown violent extremists,” said U.S. Attorney Lynch. “As alleged, the defendants in this case carefully studied how to construct an explosive device to launch an attack on the homeland. We remain firm in our resolve to hold accountable anyone who would seek to terrorize the American people, whether by traveling abroad to commit attacks overseas or by plotting here at home.” U.S. Attorney Lynch extended her grateful appreciation to the FBI’s Joint Terrorism Task Force, which comprises a large number of federal, state and local agencies from the region, as well as to the NYPD Intelligence Division, for their assistance in the investigation.
“Velentzas and Siddiqui are alleged to have researched how to construct bombs as part of their conspiracy to use a weapon of mass destruction on American soil,” said Assistant Attorney General Carlin. “Identifying and disrupting such threats to public safety, whether at home or abroad, is the number one priority of the National Security Division and our partners in the law enforcement and intelligence communities. I want to thank the agents, analysts and prosecutors who are responsible for today’s charges.”
“The defendants allegedly plotted to wreak terror by creating explosive devices and even researching the pressure cooker bombs used during the Boston Marathon bombing,” said Assistant Director in Charge Rodriguez. “We continue to pursue those who look to commit acts of terror and deter others who think they are beyond the reach of law enforcement. I’d like to thank Commissioner Bratton and the New York City Police Department for their partnership on this case and so many others.”
“These defendants allegedly engaged in sustained efforts to obtain bomb-making instructions and materials, including using instructions provided by al-Qaeda’s online magazine,” said Commissioner Bratton. “The work of the NYPD’s Intelligence Bureau, its undercover Detective, and the seamless collaboration with the Special Agents and Detectives of the Joint Terrorism Task Force and United States Attorney for the Eastern District should serve as a model for early detection and prevention of terrorist plotting.”
If convicted, both defendants face a maximum sentence of life imprisonment. The charges in the complaint are merely allegations, and the defendants are presumed innocent unless and until proven guilty.
The government’s case is being prosecuted by Assistant U.S. Attorneys Alexander A. Solomon, Douglas M. Pravda and Jennifer S. Carapiet of the Eastern District of New York, with assistance provided by Trial Attorney Clement McGovern of the Justice Department’s National Security Division.
Velentzas and Siddiqui Complaint
Velentzas Order to Unseal
Two Queens Residents Charged with Conspiracy to Use A Weapon of Mass DestructionRead the Press Release
Earlier today, a criminal complaint was unsealed in federal court in Brooklyn charging Noelle Velentzas and Asia Siddiqui with conspiracy to use a weapon of mass destruction against persons or property in the United States. The defendants’ initial appearances are scheduled for this afternoon before United States Magistrate Judge Viktor V. Pohorelsky at the U.S. Courthouse, 225 Cadman Plaza East, Brooklyn, New York.
The charges were announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York; John P. Carlin, Assistant Attorney General for National Security; Diego G. Rodriguez, Assistant Director-in-Charge, Federal Bureau of Investigation (FBI), New York Field Office; and William J. Bratton, Commissioner, New York City Police Department (NYPD).
As alleged in the complaint, the defendants have repeatedly expressed their support for violent jihad. For instance, in or about 2009, Siddiqui wrote a poem in a magazine published by al-Qaeda in the Arabian Peninsula that exhorted readers to wage jihad and declared that there is “[n]o excuse to sit back and wait – for the skies rain martyrdom.” More recently, Velentzas, who has characterized al-Qaeda founder Usama Bin Laden as one of her heroes, declared that she and Siddiqui are “citizens of the Islamic State” – a reference to the foreign terrorist organization that is also known as Islamic State of Iraq and the Levant (ISIL). Less than two weeks ago, Velentzas, asked whether she had heard the news about the recent arrest of a former U.S. airman who had attempted to travel to Syria to wage jihad, stated that she did not understand why people were traveling overseas to engage in jihad when there were more opportunities of “pleasing Allah” in the United States.
Since at least August 2014, the defendants have allegedly plotted to construct an explosive device for use in a terrorist attack on American soil. In their self-proclaimed effort to “make history,” the defendants researched numerous explosive precursors. For instance, they researched and acquired some of the components of a car bomb, like the one used in the 1993 World Trade Center bombing; a fertilizer bomb, like the one used in the 1995 bombing of the federal building in Oklahoma City; and a pressure cooker bomb, like the one used in the 2013 Boston Marathon bombing. The investigation recently revealed that the defendants possessed propane gas tanks together with instructions from an online jihadist publication for transforming propane tanks into explosive devices.
“We are committed to doing everything in our ability to detect, disrupt, and deter attacks by homegrown violent extremists,” stated United States Attorney Lynch. “As alleged, the defendants in this case carefully studied how to construct an explosive device to launch an attack on the homeland. We remain firm in our resolve to hold accountable anyone who would seek to terrorize the American people, whether by traveling abroad to commit attacks overseas or by plotting here at home.” Ms. Lynch extended her grateful appreciation to the FBI’s Joint Terrorism Task Force, which comprises a large number of federal, state, and local agencies from the region, as well as to the NYPD Intelligence Bureau, for their assistance in the investigation.
“Velentzas and Siddiqui are alleged to have researched how to construct bombs as part of their conspiracy to use a weapon of mass destruction on American soil,” said Assistant Attorney General Carlin. “Identifying and disrupting such threats to public safety, whether at home or abroad, is the number one priority of the National Security Division and our partners in the law enforcement and intelligence communities. I want to thank the agents, analysts, and prosecutors who are responsible for today’s charges.”
FBI Assistant Director in Charge Rodriguez stated, “The defendants allegedly plotted to wreak terror by creating explosive devices and even researching the pressure cooker bombs used during the Boston Marathon bombing. We continue to pursue those who look to commit acts of terror and deter others who think they are beyond the reach of law enforcement. I’d like to thank Commissioner Bratton and the New York City Police Department for their partnership on this case and so many others.
“These defendants allegedly engaged in sustained efforts to obtain bomb-making instructions and materials, including using instructions provided by al-Qaeda’s online magazine,” said Police Commissioner Bratton. “The work of the NYPD’s Intelligence Bureau, its undercover Detective, and the seamless collaboration with the Special Agents and Detectives of the Joint Terrorism Task Force and United States Attorney for the Eastern District should serve as a model for early detection and prevention of terrorist plotting.”
If convicted, both defendants face a maximum sentence of life imprisonment. The charges in the complaint are merely allegations, and the defendants are presumed innocent unless and until proven guilty.
The government’s case is being prosecuted by the Office’s National Security & Cybercrime Section. Assistant United States Attorneys Alexander A. Solomon, Douglas M. Pravda, and Jennifer S. Carapiet are in charge of the prosecution, with assistance provided by Trial Attorney Clement McGovern of the Justice Department’s Counterterrorism Section.
The Defendants:
NOELLE VELENTZAS
Age: 28
ASIA SIDDIQUI
Age: 31
E.D.N.Y. Docket No. 15-M-303
Two Local Men Indicted on Federal Explosives and Weapons ChargesRead the Press Release
St. Louis, MO – OLAJUWON DAVIS and BRANDON ORLANDO BALDWIN were indicted on charges involving the conspiracy to maliciously damage and destroy, by means of explosives, a building, vehicle and other property and the illegal purchase of firearms at a local Cabela’s store. They were originally indicted in November on one felony count of making false written statements in connection with a firearms purchase. The additional charges in the superseding indictment were returned yesterday, April 1, 2015.
According to the indictment, between September 2014 and November 21, 2014, Davis and Baldwin conspired to obtain what they believed were explosives or bombs. The indictment states that on November 8, 2014, Baldwin stated that he wanted multiple bombs to use against people, buildings, vehicles and property. On November 12, 2014, both Davis and Baldwin viewed a recording of the detonation of an explosive or bomb. On November 18, 2014 Davis paid a deposit and agreed to purchase what he believed were three explosives or bombs. Days later, Davis and Baldwin traveled to a location where Davis took possession of items he believed were explosives or bombs. Both men were then arrested and have been in custody since that time.
Additionally, the indictment charges Davis and Baldwin with conspiring between September 2014, and November 21, 2014, to obtain firearms for other persons by making false and fictitious statements to a licensed firearms dealer, Cabela’s store in Hazelwood, Missouri. Baldwin claimed to be buying firearms for himself when they were really for other persons.
"The arrests last November of these two defendants, who are members of the St. Louis Chapter of the New Black Panther Party, prevented their alleged plot to carry out violent acts during the protests in Ferguson," said Special Agent in Charge William P. Woods of the FBI St. Louis Division.
Olajuwon Davis and Brandon Orlando Baldwin, both of St. Louis, were indicted by a federal grand jury on one felony count each of conspiracy to damage or destroy a building, vehicle and other property by use of an explosive, conspiracy to make false written statements in connection with the purchase of firearms and the transfer of firearms to a felon and two felony counts of making false written statements in connection with a firearms purchase. If convicted, these charges carry penalties ranging from 5 to 20 years in prison and/or fines up to $250,000. In determining the actual sentences, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
This case was investigated by the Federal Bureau of Investigation; U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Bureau of Alcohol, Tobacco, Firearms & Explosives; St Louis County Police Department and the St Louis Metropolitan Police Department.
As is always the case, charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
Two Evansville men charged with gun violationsRead the Press Release
Pair found with semi-automatic weapons to retaliate for an earlier shooting
PRESS RELEASE
Evansville – United States Attorney Josh J. Minkler today announced federal charges against two Evansville men for illegally possessing firearms. Austin Pam, 20, and Dugniqio Forest, 20, were charged by a federal grand jury in Evansville this week.
“My office has no tolerance for individuals who choose to break the law and illegally possess firearms,” said Minkler. “Making our neighborhoods safer by holding criminals accountable is a top priority.”
On January 18, 2015, Pam and Forest were passengers in a vehicle which was stopped by the Evansville Police Department. As EPD officers approached the vehicle, they observed a loaded semiautomatic SKS assault rifle in Pam’s lap and a Tec 9, 9 mm semi-automatic weapon on the floor of the vehicle where Forest was seated.
Law enforcement later learned that Pam and Forest, both alleged members of the “300 Wag Block” criminal street gang, had been at the C.K.Newsome Center, downtown Evansville earlier that day, when a fight broke out. Shots were fired inside the center and all parties fled. Pam and Forest allegedly armed themselves with the assault rifle and Tech 9 weapon to retaliate against rival gang members for the shooting.
Pam has prior felony convictions for possession of a controlled substance and resisting law enforcement. Forest has prior felony convictions for receiving stolen property and possession of cocaine.
This case was the result of an investigation by the Bureau of Alcohol Tobacco, Firearms and Explosives and the Evansville Police Department.
According to Assistant U.S. Attorney Mathew Brookman who is prosecuting this case for the government, both defendants face up to ten years in prison if convicted.
An indictment is only a charge and not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
###
Twenty-Four Indicted for Trafficking Methamphetamine through East TexasRead the Press Release
BEAUMONT, Texas – U.S. Attorney John M. Bales announced today the indictment of 24 individuals who operated a major drug distribution ring and were responsible for trafficking methamphetamine to customers across the United States, including in the Eastern District of Texas.
Over the span of the conspiracy, this drug trafficking ring is alleged to have obtained over 150 kilograms of methamphetamine from numerous Mexican sources of supply for redistribution in Houston, Port Arthur, Texas, Southwest Louisiana, and other areas of the United States. During the investigation, officers recovered numerous stolen automobiles and other valuable property, which investigators allege was acquired by members of the drug trafficking ring in exchange for methamphetamine.
On Mar. 5, 2015, a federal grand jury returned a four-count sealed indictment charging 24 individuals with conspiring to possess with intent to distribute methamphetamine, possessing firearms in furtherance of a drug trafficking crime, and using facilities of interstate commerce to facilitate the interstate distribution of illegal narcotics. On Mar. 31, 2015, state and federal investigators began executing arrest warrants and at this time have successfully apprehended 21 defendants including:
- John Nealy Holt, 44, Houston, Texas
- Leslie Dianne Baron, 32, Houston, Texas
- Christopher Dean Inman, 41, Houston, Texas
- Eric Lazaro Castaneda, 38, Houston, Texas
- Carlos Eduvijis Rosales, 38, Houston, Texas
- Travis Alejandro Lyon, 34, Houston, Texas
- Gilbert Gomez, 37, Baytown, Texas
- Joshua Lee Lanman, 38, Jersey Village, Texas
- Albert Cardenas, Jr., 23, Houston, Texas
- Burton Paul Dupuy, 44, Shreveport, Louisiana
- Amado Tobar, 44, Dallas, Texas
- Joseph Louis Henning, 58, Houston, Texas
- Luis Fernando Garcia, 23, Port Arthur, Texas
- Gerardo Chavez, 38, Nederland, Texas
- Michael Broughton, 39, Port Arthur, Texas
- Shawn Key, 37, New Caney, Texas
- Taber Price, 39, Humble, Texas
- Britanny Danielle Beckham, 31, Hearne, Texas
- Ricardo Cortes Lozano, 44, Baytown, Texas
- Pablo Hernandez, 39, Houston, Texas
- Thurman Clevenger, 51, Houston, Texas
The identities of the remaining at-large defendants shall remain under seal until they are apprehended by authorities.
Count One of the March 2015 indictment alleges that from 2011 to March 2015, John Nealy Holt, Leslie Dianne Baron, Christopher Dean Inman, Eric Lazaro Castaneda, Carlos Eduvijis Rosales, Travis Alejandro Lyon, Gilbert Gomez, Joshua Lee Lanman, Albert Cardenas, Jr., Amado Tobar, Joseph Louis Henning, Luis Fernando Garcia, Gerardo Chavez, Michael Broughton, Shawn Dewayne Key, Taber Shawn Price, Britanny Danielle Beckham, Ricardo Cortes Lozano, Pablo Hernandez, and Thurman Lee Clevenger, all conspired to distribute methamphetamine in the Eastern District of Texas and elsewhere.
Counts Two and Three allege that on Sep. 10, 2014, John Nealy Holt, Leslie Dianne Baron, and Joshua Lee Lanman possessed numerous firearms during and in furtherance of the methamphetamine trafficking conspiracy.
Count Four alleges that on Aug. 21, 2014, John Nealy Holt and Burton Paul Dupuy used the mail and other facilities of interstate commerce to facilitate the distribution of methamphetamine.
The defendants all face a maximum sentence ranging from 20 years to life in federal prison if convicted of the methamphetamine conspiracy charge.
This case is the result of an extensive two and a half year joint investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. During the course of this operation, agents have successfully arrested over 38 individuals and have seized multi-kilogram quantities of methamphetamine, kilogram quantities of drug laced hallucinogen “gummy” candies, 22 firearms, over 400 lbs. of ammunition, and recovered 17 stolen automobiles, 5 stolen motorcycles, 2 stolen trailers, and hundreds of antiques.
This investigation was conducted by the U.S. Drug Enforcement Administration Beaumont Resident Office, the Port Arthur Police Department, and the Houston Police Department, with assistance from the Fort Worth, Texas and Shreveport, Louisiana DEA Resident Offices, the Bureau of Alcohol, Tobacco, Firearms and Explosives, Internal Revenue Service-Criminal Investigation, U.S. Immigration and Customs Enforcement/Homeland Security Investigations, U.S. Customs and Border Patrol, U.S. Marshals Service, Texas Department of Public Safety, the Harris, Montgomery, Waller, and Jefferson County (Texas) Sheriff’s Offices, Montgomery County Pct. 4 and Pct. 1 Constable’s Office, and the police departments of Baytown, Humble, Oak Ridge North, Port Neches, and Groves, Texas. This case is being prosecuted by Assistant U.S. Attorney Baylor Wortham.
A grand jury indictment is not evidence of guilt and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Trio Sentenced on Narcotics and Firearms ChargesRead the Press Release
Michael J. Moore, United States Attorney for the Middle District of Georgia, announced that Bradford Harden, aged 44, Kristopher Carver, aged 27, and Kayla Price, aged 26, were sentenced on March 31, 2015 by the Honorable Clay D. Land, Chief U.S. District Court Judge, in Columbus, Georgia. All three reside in Columbus, Georgia.
Mr. Carver pled guilty on December 8, 2014, to conspiracy to possess with intent to distribute Methamphetamine and possession of a firearm while committing a drug trafficking crime. He received a sentence of 15 years (190 months) in prison.
Ms. Price entered a plea of guilty to possession with intent to distribute Methamphetamine on December 8, 2014. The Court sentenced her to 100 months in prison.
As a part of their plea agreements, Mr. Carver and Ms. Price admitted that on June 6, 2013, members of the Columbus Police Department’s Special Operations Unit received a tip that the pair was selling Methamphetamine from an extended stay hotel room in Columbus. Subsequent surveillance of the hotel revealed Mr. Carver and Ms. Price entering the hotel room carrying a silver and black case. Other individuals were then observed coming to and going from the room after staying for only a short time. One individual was stopped and arrested for possession of Methamphetamine. A search of the hotel room produced 3 firearms, a digital scale, a glass smoking device, numerous cell phones, residual amounts of suspected Methamphetamine and assorted documents containing what appeared to be drug transactions. The silver and black case was found in a vehicle in which Ms. Price attempted to leave the scene. It contained $1000 in cash, an assortment of pills, and approximately 165 grams of suspected Methamphetamine. A test conducted by the Drug Enforcement Administration (DEA) confirmed the substance to be Methamphetamine (a.k.a., “ice”) with a purity of 98.8%. Mr. Harden was arrested during this investigation with 28.5 grams of suspected Methamphetamine in his pocket that was later tested by the DEA laboratory and confirmed to be positive for Methamphetamine with a purity of 95.8%.
Mr. Harden entered a guilty plea on December 8, 2014, to a superseding information alleging possession of Methamphetamine with intent to distribute and possession of a firearm while committing a drug trafficking crime. He was sentenced to serve 130 months in federal prison.
While out on bond for the June 6, 2013, offense detailed above, law enforcement received a tip that Mr. Harden was selling Methamphetamine. Further investigation ultimately developed sufficient probable cause for a search of his residence.
A small amount of Methamphetamine was found on Mr. Harden’s person. The search of the residence discovered a safe that contained 41 grams of suspected Methamphetamine and a pistol. Mr. Harden admitted to owning the safe and its contents. This substance was tested by the DEA lab and confirmed to be positive for Methamphetamine (a.k.a. “ice”) with a purity of 100%.
“Methamphetamine use and distribution continue to plague many areas in the Middle District of Georgia. We will continue to work with our local partners, like the Columbus Police, to stop the supply of this poison into our communities. The dealers will find that there is no real customer base in federal prison,” said U.S. Attorney Michael Moore.
“ATF’s involvement in securing these sentences is a prime example of the successful use of federal laws to confront, engage and eliminate criminal activity,” said ATF Special Agent in Charge Carl Walker. “Criminals must understand that there are serious repercussions for illegal trafficking of narcotics and illegal possession of firearms and that ATF in concert with our Federal and local law enforcement partners will contribute all necessary time and effort to ensure criminals are brought to justice.”
The cases were investigated by the Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives and the Columbus Police Department. Assistant United States Attorney Crawford Seals prosecuted the case for the Government.
Questions concerning this case should be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603.
Three Indicted on Firearms ChargesRead the Press Release
FRESNO, Calif. — A federal grand jury has returned separate indictments today against three individuals who have previously been convicted of a felony, charging each with federal firearm offenses, United States Attorney Benjamin B. Wagner announced.
Dionicio Ramirez 28, of Fresno, was charged with one count of being a felon in possession of handgun and one count of being a felon in possession of ammunition. According to court documents, on March 24, 2015, Ramirez shot at an occupied vehicle and then drove away in his truck. When officers stopped Ramirez, he threw a Springfield Armory magazine loaded with 9mm ammunition out of the window, and a loaded 9mm handgun was found inside the truck. A 9mm casing was found at the scene of the shooting.
James Ernest Johnson, 26, of Fresno, was charged with three counts of being a felon in possession of a firearm. According to court documents, on three occasions between June 2014 and March 26, 2015, during traffic stops, police found a loaded firearm and narcotics hidden in a vehicle that Johnson was driving.
Jose Cuellar, 37, of Mexico, was charged with being a felon in possession of a loaded shotgun. According to court documents, on March 23, 2015, Fresno Police Department officers encountered Cuellar and saw the stock of a shotgun sticking out of the waistband of his pants. Cuellar reached for the firearm, and after a struggle, officers gained control of the firearm and arrested him.
These cases are the product of investigations by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the United States Marshal’s Service (USMS), the Fresno Police Department, the California Highway Patrol, and the Fresno County Sheriff’s Office. The cases are part of Project Safe Neighborhoods, which is a joint initiative to combat gang and gun violence. Assistant U.S. Attorney Kimberly Sanchez is prosecuting the cases.
If convicted, Ramirez faces 15 years to life in prison and a $250,000 fine on each count, Johnson faces up to 10 years in prison a $250,000 fine on each of the three counts, and Jose Cuellar faces up to 10 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of statutory factors and the Federal Sentencing Guidelines. The charges are allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.