Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
Monday 16 February 2015
Eagle Butte Man Sentenced for Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on February 10, 2015, by U.S. District Judge Roberto A. Lange.
Lawrence Mexican, age 23, was sentenced to 42 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Mexican was indicted by a federal grand jury on September 16, 2014, for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury. He pled guilty to the Assault with a Dangerous Weapon charge on November 18, 2014.
The conviction arose from a July 2014 incident in Eagle Butte, in which Mexican and two others unlawfully assaulted a victim with shod feet, metal crutches, and wooden clubs, with intent to do bodily harm to the victim.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Mexican was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
Sunday 15 February 2015
Federal Bank Robbery Charges Filed Against Scranton ManRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania has announced that a 16 count Criminal Information has been filed against Francis McBride, age 27 of Scranton, Pennsylvania, charging him with bank robbery, attempted bank robbery and interference with commerce by threats or violence.
According to the United States Attorney Peter Smith, the Information alleges that from March through August 2014, McBride engaged in a series of attempted bank robberies and one successful bank robbery in Pennsylvania, New Jersey and New York. The Information also alleges that McBride robbed four gas stations/convenience stores in Scranton and Moosic. McBride was arrested in August 2014.
The investigation was conducted by the Scranton office of the Federal Bureau of Investigation and the Scranton Police Department. The case was prosecuted by Assistant United States Attorney Michelle Olshefski.
McBride faces a maximum penalty of 20 years’ incarceration and a $250,000 fine for each count in the Information.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
(Information)
Friday 13 February 2015
“Operation Check-Mate” Defendant Convicted in Federal Court in $800,000 Counterfeit Check SchemeRead the Press Release
PROVIDENCE, R.I. – A federal court jury on Thursday convicted Ernest Kar, 34, of Providence, with participating in a counterfeit check scheme that defrauded local banks of at least $800,000, announced by United States Attorney Peter F. Neronha; Ted A. Arruda, Resident Agent in Charge of the Providence Office of the U.S. Secret Service; Warwick Police Chief Colonel Stephen M. McCartney; Providence Police Chief Colonel Hugh T. Clements, Jr.; and Colonel Steven G. O’DonnellSuperintendent of the Rhode Island State Police.
The jury convicted Kar of one count of conspiracy to commit bank fraud and three counts of bank fraud. Kar faces statutory penalties of up to 30 years in federal prison and a fine of up to $1,000,000 on each count when he is sentenced by U.S. District Court Judge Mary M. Lisi on May 1, 2015. Kar is one of nine individuals charged in U.S. District Court in Providence or in Rhode Island state court for their participation in the fraudulent check-cashing scheme, which was dubbed “Operation Check-Mate.”
According to the government’s evidence presented at trial, between October 2010 and January 2014, Kar and his co-conspirators created counterfeit checks via computer, recruited account holders who agreed to have the fake checks deposited into their accounts in exchange for cash, and then made cash withdrawals from the accounts. Many of the counterfeit checks were drawn on the accounts of several legitimate businesses.
On December 16, 2013, during a joint federal and state law enforcement investigation into the fraudulent check scheme, Warwick Police discovered items used to create counterfeit checks, including check stock, a laptop computer, a printer and counterfeit checks, inside a motel room Kar was staying in and inside his vehicle. As a result of the investigation, including forensic examinations of the items seized by Warwick Police, a federal arrest warrant was issued for Kar. He was arrested in the Western District of Kentucky on April 28, 2014, and ordered detained and returned to Rhode Island.
Three co-defendants in this matter, Jerry Zeah, 25, Garty Togbasi, 28, and John Sumo, 28, all of Providence, previously pleaded guilty to conspiracy to commit bank fraud and each have been sentenced to 30 months in federal prison. A fourth co-defendant, Allarick Hill, 36, of Pawtucket, has pleaded guilty to conspiracy to commit bank fraud and is awaiting sentencing.
Four additional co-defendants in this matter have been or are being prosecuted on state charges in Rhode Island Superior Court.
The federal court cases are being prosecuted by Assistant U.S. Attorneys Lee H. Vilker and Sandra R. Hebert.
" Operation Check-Mate" was jointly investigated by the United States Secret Service, Warwick Police Department, Providence Police Department, and Rhode Island State Police.
###
To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Wisconsin Man Sentenced for Assault by Striking, Beating and WoundingRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wisconsin man charged with Assault by Striking, Beating, and Wounding pled guilty to and was sentenced on February 12, 2015, by U.S. District Judge Mark Moreno.
Craig Maskil, age 58, was sentenced to 12 months of supervised probation, and $25 to the Federal Crime Victims Fund.
The conviction stems from an incident that took place on July 11, 2014, when Maskil was working as a doctor at the Rosebud Indian Health Service Hospital on the Rosebud Sioux Indian Reservation. Maskil had a disagreement with another doctor at work, and he hit the victim in the head with his fists.
The investigation was conducted by the Federal Bureau of Investigation, the Rosebud Sioux Tribe Law Enforcement Services, and the Todd County Sheriff’s Office.
The case was prosecuted by Assistant U.S. Attorney Tim Maher.
Westerville Youth Coach Pleads Guilty to Creating Child PornographyRead the Press Release
COLUMBUS – Bryan W. Lehman, 50, of Westerville, Ohio pleaded guilty in U.S. District Court to creating child pornography.
Carter M. Stewart, U.S. Attorney for the Southern District of Ohio, Marlon V. Miller, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), Franklin County Sheriff Zach Scott, Westerville Police Chief Joseph Morbitzer and members of the Franklin County Internet Crimes Against Children Task Force announced the plea entered into today before Algenon L. Marbley.
According to court documents, investigators searched Lehman’s home after the IP address registered to Lehman was identified as a candidate for downloading child pornography. Upon executing their search warrant, investigators discovered an external hard drive containing numerous images of child pornography and child erotica.
Furthermore, a search of Lehman’s computers revealed approximately 25 homemade videos and 35 images of a minor female in various stages of undress. Lehman admitted to officers that the minor female was a relative and that he had used a cell phone attached to his belt to record the child – who he estimated was approximately 5-years-old at the time – without her knowledge.
A full forensic examination of Lehman’s hard drive revealed approximately 300 files of child pornography and approximately 600 files of child erotica.
Production of child pornography is punishable by a range of 15 to 30 years in prison.
Lehman served as a volunteer coach for the Westerville Youth Baseball and Softball League in the spring of 2014.
The Franklin County ICAC Task Force is a multi-agency effort dedicated to the fight against computer facilitated crimes against children. The following agencies are members:
Franklin County Sheriff’s Office Upper Arlington Police Department Grove City Police Department Columbus Police Department Grandview Heights Police Department Whitehall Police Department Hilliard Police Department Westerville Police Department Homeland Security Investigations U.S. Secret Service Ohio ICAC Franklin County Prosecutor's OfficeThis case is being brought as part of Project Safe Childhood, a nationwide initiative by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorney's Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children as well as to identify and rescue victims.
U.S. Attorney Stewart commended the members of the ICAC Task Force for the cooperative investigation, and Assistant U.S. Attorney Heather Hill and Special Assistant U.S. Attorney Jennifer Rausch, who are representing the United States in this case.
West Valley Man Sentenced to 151 Months in Federal Prison After Pleading Guilty to Enticing Minor to Engage in Illegal Sexual Activity and Distribution of Child PornographyRead the Press Release
SALT LAKE CITY - Robert Samuel Stark, age 48, of West Valley City will serve a 151-month federal prison sentence for coercion and enticement of a minor for illegal sexual activity and distribution of child pornography. U.S. District Judge Clark Waddoups imposed the sentence in federal court last week.
As a part of a plea agreement reached with federal prosecutors, Stark admitted that in August 2013, he engaged in online communications with Victim A, a 15-year-old female. During those communications, he requested and obtained sexually explicit images of Victim A. He also admitted that he met with Victim A and engaged in sexual activity.
Stark also admitted that in November 2013 and continuing into December 2013, he used the online social network Chathour to communicate with an undercover officer in Colorado who he believed to be a 14-year-old girl. Stark admitted that he asked the undercover officer he believed to be a 14-year-old girl to send sexually explicit images to him. Stark sent sexually explicit images of Victim A to the undercover officer.
The case started with an undercover investigation conducted by the Gilpin County Sheriff’s Office in Colorado. The investigation led Colorado officers to Stark and a referral was made to the Unified Police Department. The FBI also participated in the investigation. A UPD detective was able to identify the 15-year-old victim in the case. Law enforcement officers arrested Stark at Sugarhouse Park on Dec. 13, 2013. Stark came to the park expecting to meet Victim A and another 14-year-old girl for the purposes of engaging in illegal sexual activity.
Stark must forfeit an iPhone, a laptop computer, and a DVD player and memory card. Federal prosecutors sought forfeiture of the items that were used in the commission of the felony offenses.
Week in Review – South BendRead the Press Release
South Bend, Indiana — The United States Attorney’s Office announced the following activity in Federal Court:
PLEAS
- Tyren Leeks, 41, of Portage, Indiana pled guilty to the felony offense of false claims on tax return. The magistrate judge is recommending that the district court accept the tendered guilty plea. Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by NCIS. Sentencing has been set for May 11, 2015. This case is being prosecuted by Assistant United States Attorney Donald Schmid.
- Nathan Mougros, 26, of Michigan City, Indiana pled guilty to the felony offense of conspiracy to distribute heroin. The magistrate judge is recommending that the district court accept the tendered guilty plea. Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by Drug Enforcement Administration. Sentencing has been set for May 14, 2015. This case is being prosecuted by Assistant United States Attorney Frank Schaffer.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
DISPOSITIONS
- Gail Waymire, 58, of La Porte, Indiana was sentenced to 14 months imprisonment with 2 years supervised release after pleading guilty to the felony offense of wire fraud. According to documents filed in this case, on or about July 23,2010, in the Northern District of lndiana, Waymire devised and intended to devise a scheme and artifice to defraud and to obtain money and property by means of materially false and fraudulent pretenses, representations, and promises, and for the purpose of executing the scheme and artifice to defraud and to obtain money and property by means of materially false and fraudulent pretenses, representations, and promises, knowingly transmitted and caused to be transmitted in interstate commerce, by means of wire communications, certain writings, signs, signals, and sounds. Specifically, Waymire was hired by Fort Wayne Public Television, Public Broadcast Station ("PBS"), in October 2009. Waymire was responsible for PBS's finances. PBS maintained a bank account in Indiana at Wells Fargo Bank, N.A, and she maintained bank accounts in Indiana at JP Morgan Chase Bank, N.A., and Three Rivers Federal Credit Union. Waymire understood that all transfers from PBS's account to any of her accounts were routed through computer servers in Texas. She used her position at PBS to commit fraud, obtaining funds to which she was not entitled. Waymire used several different methods to obtain this money. Regarding Count 1, on July 23, 2010, she received into my bank account a $8,975 deposit from PBS's bank account. She was not entitled to these funds, as they were generated by a false invoice she created to PBS. This case was the result of an investigation by the Federal Bureau of Investigation. This case was prosecuted by Assistant United States Attorney Jesse Barrett.
- Deandre Lee Mosley Walker, 18, of South Bend, Indiana was sentenced to 96 months imprisonment with 2 years supervised release after pleading guilty to the felony offense of attempted arson. According to documents filed in this case, in early March 2014, Morgan offered to commit a violent crime for a confidential informant (“CI”) working for the government. Specifically, Morgan agreed to commit an arson on a vehicle that he believed belonged to a local drug dealer in exchange for a payment of $600 from the CI. Morgan enlisted Walker to help him with the arson. On March 11, 2014, Morgan said he would have his “deuce five” (.25 caliber firearm) with him to watch over Walker when the fire was being started and indicated he would fire shots off if necessary. Then, on March 13, 2014, the CI picked up Morgan and Walker in South Bend, Indiana and the two got into the CI’s vehicle. Morgan and Walker carried a red gas can with them. Morgan and Walker continued to make statements about their plan to burn a vehicle for cash payment. While driving, the CI learned that Walker was armed with a .25 caliber firearm. Morgan was aware that Walker carried the .25 caliber firearm. At approximately 8:33 PM, the CI pulled his vehicle into a convenience/gas station and Walker exited the vehicle with a red gas can and pumped gas into the container. Minutes later the CI’s vehicle left the gas station with Walker and Morgan and continued in the direction of the 300 block of Chestnut Street in South Bend, Indiana. While in route to the location of the vehicle, the CI paid Morgan $300.00 in cash as partial payment for the planned arson. In the 300 block of Chestnut Street in South Bend, Indiana, the target vehicle to be burned was parked. This vehicle was a 2013 Ford F-150 truck. This vehicle was involved in interstate commerce as the vehicle was regularly rented by a car rental company. At approximately 8:45 p.m. on March 13, 2014, Walker and Morgan exited the CI’s vehicle and began running down the street toward the location of the target vehicle. Agents intercepted the two and found Morgan to be in possession of the $300.00 in cash (ATF funds). Morgan was also in possession of a knife. Morgan was also found to have in his possession a gasoline-soaked paper wick. Walker was found to be in possession of a 5 gallon gasoline can containing an amount of gasoline, a Lorcin, model L25, .25 caliber pistol, loaded with .25 caliber ammunition, as well as a lighter. This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives. This case was prosecuted by Assistant United States Attorney Donald Schmid.
Week in Review – HammondRead the Press Release
Hammond, Indiana — The United States Attorney’s Office announced the following activity in Federal Court:
PLEAS
- Robert Lutzka, 49, of Highland, Indiana pled guilty to the felony offense of possession of ammunition while under indictment. This charge was filed as a result of an investigation by Bureau of Alcohol, Tobacco, Firearms and Explosives. Sentencing has been set for April 21, 2015. This case is being prosecuted by Assistant United States Attorney Thomas McGrath.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
DISPOSITIONS
- Roberta Butler, 32, of Valparaiso, Indiana was sentenced to 24 months’ probation after pleading guilty to the felony offense of conspiracy to commit mail fraud. According to documents filed in this case on December 18, 2013, the defendant was part of a group who staged automobile accidents in Northwest Indiana and Chicago and subsequently submitted false and fraudulent police reports and insurance claims for property damage. This case was the result of an investigation by the United States Postal Inspection Service. This case was prosecuted by Assistant United States Attorney Toi Denise Houston.
- Soulemayne Camara, 27, of Indianapolis, Indiana was sentenced to 15 months imprisonment and 1 year supervised release after pleading guilty to the felony offenses of access device (credit card) fraud and transportation of stolen goods through interstate commerce. All stolen property was recovered by the Hobart, Indiana Police Department and will be returned to rightful owners. The defendant has a hold from the Department of Homeland Security and upon release from the Federal Bureau of Prisons will be turned over to Immigration authorities for possible deportation proceedings. The investigation was conducted by the Hobart Police Department and federal law enforcement, including Homeland Security Investigations, United States Secret Service and the Internal Revenue Service.
- George Van Til, 67, of Merrillville, Indiana, the former elected Lake County, Indiana Surveyor, was sentenced to 18 months imprisonment with 3 years supervised release after pleading guilty to the 6 felony counts of wire fraud. According to documents filed in this case, between 2007, through 2012, Van Til used employees of the Lake County, Indiana, Surveyor’s Office to engage in political campaign activities while these employees were being paid with public tax dollars. At sentencing, the court determined that even though Van Til pled guilty, he should not receive a sentence reduction for acceptance of responsibility because Van Til directed an associate of his to disseminate to a third party, an FBI interview report of a potential government witness. This case was the result of an investigation by the Federal Bureau of Investigation. This case was prosecuted by Assistant United States Attorney Philip Benson.
Week in Review – Fort WayneRead the Press Release
Fort Wayne, Indiana — The United States Attorney’s Office announced the following activity in Federal Court:
PLEAS
- Jodeci Rowland-Smith, 21, of Fort Wayne, Indiana, Indiana pled guilty to the felony offense of being a convicted felon in possession of a firearm. The magistrate judge is recommending that the district court accept the tendered guilty plea. Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by Federal Bureau of Investigation, and the Fort Wayne Police Department. Sentencing has not been set. This case is being prosecuted by Assistant United States Attorney Nathaniel C. Henson.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
DISPOSITIONS
- Alejandro Montoya, 46, of San Bernadino, California was sentenced to 70 months imprisonment with 2 years supervised release, and forfeiture of $79,705 U.S. currency after pleading guilty to the felony offense of conspiracy to distribute and possession with the intent to distribute cocaine. According to documents filed in this case, from on or about November 8, 2010, and continuing to on or about April 13, 2011, defendant conspired to distribute and possess with intent to distribute 5 kilograms or more of cocaine. This case was the result of an investigation by the Federal Bureau of Investigation, Fort Wayne Safe Streets Task Force, Indiana State Police, Fort Wayne Police Department, Allen County Police Department, Allen County Drug Task Force, and the New Haven Police Department. This case was prosecuted by Assistant United States Attorney Anthony W. Geller.
- Stefanie Redfern, 26, of Fort Wayne, Indiana was sentenced to one year probation after pleading guilty to the felony offense of maintaining a drug-involved premise. According to documents filed in this case, from on or about May 2011, and continuing to on or about August 2011, Redfern, knowingly and intentionally profited from and otherwise made available for use, with and without compensation, an apartment for the purpose of unlawfully storing and distributing LSD and MDMA. This case was the result of an investigation by the Department of Homeland Security, United States Postal Inspection Service, Drug Enforcement Administration, Fort Wayne Police Department, Indiana State Police and the Allen County Police Department. This case was prosecuted by Assistant United States Attorney Tina L. Nommay.
- Henry Purifoy, 24, of Fort Wayne, Indiana was sentenced to 57 months imprisonment with 1 year supervised release after pleading guilty to the felony offense of being a convicted felon in possession of a firearm. According to documents filed in this case, on or about February 23, 2014, Purifoy, a previously convicted felon, knowingly possessed a firearm. This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Fort Wayne Police Department. This case was prosecuted by Assistant United States Attorney Lovita Morris King.
Washington Man Sentenced for Conspiracy to Distribute DrugsRead the Press Release
United States Attorney Brendan V. Johnson announced that a Washington man charged with Conspiracy to Distribute and Possess with Intent to Distribute a Controlled Substance pled guilty to and was sentenced on February 9, 2015, by U.S. District Judge Roberto A. Lange.
Bruce Gerald Cole, age 47, was sentenced to 60 months in custody, to run concurrent with sentences imposed in federal court in Nevada and state court in New Hampshire, 2 years of supervised release, and $100 to the Federal Crime Victims Fund.
The conviction stems from an incident that took place in the spring of 2009, when Cole directed a shipment of high-grade marijuana from Washington State across the United States. Cole directed couriers to drive his vehicle, which was loaded with two duffel bags containing approximately 22.67 kilograms of high-grade marijuana, a canister containing 61.5 grams of heroin, and two firearms. Cole planned to fly to Michigan to rendezvous with the couriers and his vehicle. He would then sell the shipment himself, thus keeping the couriers out of the business transaction. Cole said he planned to use the firearms for his personal protection during the drug transaction and the heroin was for his personal use. On May 27, 2009, South Dakota Law Enforcement intercepted the vehicle, couriers, heroin, and firearms.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, the Federal Bureau of Investigation, the South Dakota Highway Patrol, the Drug Enforcement Administration, and several law enforcement agencies in the state of Washington. The case was prosecuted by Assistant U.S. Attorney Tim Maher.
Cole was remanded to the custody of the U.S. Marshals Service.
Vice President Biden and Attorney General Holder Honor Fallen Senior Special Agent John Francis Capano and Former Chief John Curly with Medal of ValorRead the Press Release
At a ceremony earlier this week in Washington, Vice President Joe Biden and Attorney General Eric Holder awarded the Public Safety Officer Medal of Valor to several individuals, including fallen Senior Special Agent John Francis Capano, Bureau of Alcohol, Tobacco, Firearms and Explosives, and former Chief John Curly, Bellmore Fire Department, who exhibited exceptional courage in saving and protecting others and whose heroic actions were above and beyond the call of duty.
Agent Capano received the award for his heroic actions Dec. 31, 2011, during an armed robbery attempt at Charlie’s Family Pharmacy in Seaford, N.Y., by a convicted felon who had recently been released from prison. Agent Capano, who was off duty at the time, confronted the suspect, chased him outside, and engaged in a physical struggle for his gun. An off-duty New York City police officer and a retired Nassau County police officer also responded to the scene. Special Agent Capano was struck by a bullet to his chest and was later pronounced dead at an area hospital. The suspect was also shot and died at the scene.
On Nov. 12, 2012, the Bellmore Fire Department was alerted to a house fire with a victim trapped inside. Former Chief Curley (who remains a member of the Bellmore Fire Department) and his son, in a fire department pick-up truck nearby, heard the call and were first on the scene. A man in the driveway said his elderly mother was trapped in a second-floor bedroom. With no fire vehicles on the scene, former Chief Curley used a file cabinet topped by an old broken wooden ladder to climb to the bedroom window, breaking it with his bare hands, which exposed him to heavy black smoke billowing from the room. Because the first responders had not yet arrived, he was without the protection of a hose line, breathing apparatus, or protective gear. Nevertheless, former Chief Curley entered the room knowing that he had only a few seconds before it would be totally engulfed in fire. Once inside, he found the woman lying unconscious inside the room. Former Chief Curley moved the woman to the window, lifted her out onto the wooden ladder, carried her, and passed her down to his waiting son, who began to give her medical attention. During the rescue, former Chief Curley suffered lacerations to his hands and face, taking actions at extreme risks to his personal safety, which directly resulted in saving the life of the trapped woman.
United States Attorney Lynch stated, “Agent Capano and former Chief Curly are shining examples of the selflessness and dedication of all our public safety officers, who risk all every day to protect us. They stand shoulder to shoulder with the other heroes honored in this ceremony. We honor them and we thank them.”
Attorney General Holder added, “These are all exceptional individuals. Every one of them deserves our deepest gratitude and boundless respect. Yet even among the outstanding field of public servants who perform these critical responsibilities, day in and day out – in communities across the country – there are some who stand out. And, with these prestigious medals, we recognize these exceptional few for extraordinary valor – above and beyond the call of duty.”
The Public Safety Officer Medal of Valor, authorized by the Public Safety Officer Medal of Valor Act of 2001, is the highest national award for valor presented to a public safety officer. The medal is awarded to public safety officers who have exhibited exceptional courage, regardless of personal safety, in the attempt to save or protect human life. A total of 95 medals have been presented since the first recipients were honored in 2003.
The Medal of Valor is awarded by the President of the United States, or his designee, to public safety officers cited by the Attorney General. Public safety officers are nominated by the chiefs or directors of their employing agencies and recommended by the Medal of Valor Review Board. The Attorney General has designated the U.S. Department of Justice’s Office of Justice Programs (OJP) to serve as the federal point of contact for the Public Safety Medal of Valor.
More information about the award, the Medal of Valor Review Board members, and the nomination process is available at www.ojp.usdoj.gov/medalofvalor.
Two Southern Illinois Residents Charged with Child Pornography OffensesRead the Press Release
Follow @SDILNewsStephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced today that two southern Illinois residents were charged and appeared in Court today on child pornography offenses alleged to have occurred in Perry and Williamson Counties. Aaron Michael Amann, 25, of DuQuoin, Illinois and Collin A. Smith, 31, of Cambria, Illinois, were charged in separate cases with using a computer to access and download child pornography images from the internet.
The offenses carry a maximum penalty of at least 30 years imprisonment, a $250,000 fine and a lifetime of supervised release.
An indictment is a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge until proved guilty beyond a reasonable doubt to the satisfaction of a jury.
The investigations in these cases were conducted by the Secret Service Southern Illinois Cyber Crimes Task Force, The United States Marshals Service, the Franklin County Sheriff’s Department, the Benton, Illinois, Police Department, the DuQuoin, Illinois, Police Department and the Cambria, Illinois, Police Department.
The cases are being prosecuted by Assistant United States Attorney Thomas E. Leggans.
Two Odenton Men Plead Guilty in Scheme to Force Women into ProstitutionRead the Press Release
Baltimore, Maryland – Robert Downing, a/k/a “Luck,” and “Shamrock,” age 46, and Michael Wesley Lee, a/k/a “King,” or “King P,” age 31, both of Odenton, Maryland, pleaded guilty today to use of an interstate facility to promote a prostitution business. Lee also pleaded guilty to conspiring to commit sex trafficking by force and fraud.
The guilty pleas were announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation and Anne Arundel County Police Chief Tim Altomare.
According to their plea agreements, from at least 2012 to his arrest in August 2013, Lee was a pimp who used social media websites to entice females to prostitute for him. Downing worked for Lee. The defendants used the internet to recruit women to work as prostitutes, and to advertise sex services. The defendants rented hotel rooms to house the women and to serve as a place to prostitute, which they paid for with prepaid gift and debit cards.
More specifically, after Lee had transported a female, “J,” from New York to prostitute in Maryland, on February 23, 2013, Lee and Downing accompanied “J” to a casino in Anne Arundel County. The defendants are seen on video cameras watching “J” unsuccessfully solicit prostitution customers in the casino. At some point, Downing left the casino; and later, Lee and “J” also left. The two walked to Lee’s car in the casino’s garage. Video cameras recorded Lee yelling and scolding the woman, and then striking her head repeatedly with a closed fist. Lee grabbed her by the hair and ripped off her wig, and violently shoved her when she tried to shield her body against the car. Police arrived and arrested Lee. Downing arrived at the scene and took “J” back to his home. On February 25th, Downing drove “J” to a local hotel so that she could earn money by prostituting – money that would help pay Lee’s bail. “J” escaped when Downing left briefly. Ultimately, “J” refused to press charges, and the assault charges were dismissed against Lee a few months later.
Also in August 2013, Lee used a social media website to lure a woman, “S,” from St. Louis, Missouri to Baltimore to prostitute. Lee bought a bus ticket for “S,” who arrived in Baltimore on August 10. When Lee picked her up at the bus station, he told her that he was a pimp. He took “S” to a hotel in Linthicum Heights, Maryland and demanded her identification card. “S” was intimidated by Lee’s size and demeanor, so she gave him her identification card and worked as a prostitute. Lee told her that she needed to reimburse him for the bus ticket and that she had to pay a $1,000 initiation fee. He transported “S” from Maryland to New Jersey to prostitute. After two weeks of working for Lee as a prostitute, “S”, who wanted to get away, called an ambulance on August 26, 2013, regarding pain she was having in her vaginal area, and reported her situation to the EMTs upon their arrival. Lee was arrested that day.
In August 2013, Lee tried to persuade “M,” an exotic dancer in Baltimore, to prostitute for him. “M” agreed to meet Lee at a hotel room believing that she was going to dance at a private party. When Lee attempted to prostitute her, she tried to leave the room, but Lee stopped her. Subsequently, “M” overheard Lee on the phone with a man who Lee said was from Florida and was driving up to meet “M.” “M” became scared about being made to have sex or being taken out of state. “M” contacted her friends by text message and her father ultimately called 911. At the same time, “M” devised a plan whereby she told Lee she was thirsty. When Lee gave her money to get a soda in a nearby vending machine, “M” began running away from the hotel. She heard Lee running behind her. Lee chased her until she was able to hop a fence behind the hotel. By the time the police arrived at the hotel as a result of the 911 call, “M” was already safe.
After Lee was arrested on August 26, 2013, Downing began pimping “MS” for Lee while Lee was in jail. Lee had previously lured “MS” to engage in prostitution and had transported her to Ocean City to prostitute. At the time of Lee’s arrest, “MS” was in the hospital being treated for a serious medical condition. Downing picked “MS” up from the hospital upon her discharge in September and immediately installed her at a hotel. “MS” and Downing traveled to New York and New Jersey so that “MS” could prostitute. At times, Downing drove “MS” to methadone clinics for treatment.
As part of his plea to sex trafficking by force, Lee must register as a sex offender in the place where he resides and where he is an employee under the Sex Offender Registration and Notification Act (SORNA).
The defendants and the government have agreed that if the Court accepts the plea agreement, Lee will be sentenced to 13 years in prison followed by five years of supervised release, and Downing will be sentenced to 46 months in prison. U.S. District Judge J. Frederick Motz has scheduled sentencing for March 30, 2015.
The case was investigated by the FBI-led Maryland Child Exploitation Task Force (MCETF), created in 2010 to combat child prostitution, with members from10 state and federal law enforcement agencies. The Task Force coordinates with the National Center for Missing and Exploited Children and the Maryland State Police Child Recovery Unit to identify missing children being advertised online for prostitution.
MCETF partners with the Maryland Human Trafficking Task Force, formed in 2007 to discover and rescue victims of human trafficking while identifying and prosecuting offenders. Members include federal, state and local law enforcement, as well as victim service providers and local community members. For more information about the Maryland Human Trafficking Task Force, please visit http://www.justice.gov/usao/md/priorities_human.html.
United States Attorney Rod J. Rosenstein commended the FBI and the Anne Arundel County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorneys Sandra Wilkinson and Patricia A. McLane, who are prosecuting the case.
Two Cousins Sentenced to Prison Terms for Armed Robberies on Christmas Eve and Christmas 2012Quick Police Work Led to ArrestsRead the Press Release
WASHINGTON – Floyd Long was sentenced today to 19 ½ years in prison and his cousin, Alonzo Ferrell, was sentenced to a 15-year prison term for carrying out a series of four armed robberies in Northwest and Northeast Washington on Christmas Eve and Christmas of 2012, U.S. Attorney Ronald C. Machen Jr. announced.
Long, 23, of Washington, D.C., and Ferrell, 23, of Capitol Heights, Md., were found guilty by a jury in November 2014 of conspiracy, armed robbery, receiving stolen property, fleeing law enforcement, and various weapons offenses. The verdicts followed a trial in the Superior Court of the District of Columbia. They were sentenced by the Honorable John McCabe. Following their prison terms, both will be placed on five years of supervised release.
According to the government’s evidence, Long and Ferrell, together with two accomplices, obtained four handguns and a stolen car, and then conspired to commit armed robberies in the District of Columbia. At about 11:15 p.m. on Christmas Eve 2012, the four men drove into darkened residential streets looking for potential robbery victims.
At around 11:15 p.m., they robbed their first victim at gunpoint in the 200 block of Hamilton Street NW, taking from him an iPhone and an iPad. Next, they drove to the unit block of Webster Street NE, and robbed their second victim at gunpoint, obtaining a cellphone and $160. They then drove to the 600 block of Jefferson Street NE, and found their third victim bringing gifts into his home. They put guns to his head, and robbed him of $3 and a cell phone. They committed their fourth robbery at about 12:12 a.m. on Christmas Day, in the 1700 block of Varnum Street NE. This last victim initially resisted, but the men assaulted him and took his wallet, which contained $15.
Long, Ferrell and their accomplices were spotted in their stolen car a short while later, in the 5600 block of Central Avenue SE. They initially fled from police, but after a brief pursuit, Long and Ferrell were apprehended.
In announcing the sentence, U.S. Attorney Machen commended the work of those who investigated the case from the Metropolitan Police Department. He also expressed appreciation to the FBI’s Cellular Analysis Survey Team. He acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Criminal Investigator John Marsh; Paralegal Specialists Lynette Briggs and Debra McPherson; Litigation Technology Specialist Leif Hickling; Victim/Witness Advocate James Brennan; Victim/Witness Security Specialist David Foster; Assistant U.S. Attorneys Natalia Medina, Laura Coates, and Danny Nguyen, and former Assistant U.S. Attorneys Britain Shaw and Trevor McFadden. Finally, he commended the work of Assistant U.S. Attorney Demian S. Ahn, who investigated and prosecuted the case.
15-021Timber Lake Man Charged with Third Degree BurglaryRead the Press Release
United States Attorney Brendan V. Johnson announced that a Timber Lake, South Dakota, man has been indicted by a federal grand jury for Third Degree Burglary.
Chapen Kraft, age 18, was indicted on February 11, 2015. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 13, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between September 15 and October 11, 2014, Kraft unlawfully entered and remained in a barn and storage building near Timber Lake, with the intent to commit a larceny.
The charge is merely an accusation and Kraft is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services and the Dewey County Sheriff’s Office. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.
Kraft was released on bond pending trial. A trial date has not been set.
Three MS-13 Members Sentenced to Prison for a Gang-Related Murder and Shooting in the Atlanta AreaRead the Press Release
Three MS-13 gang members were sentenced today to federal prison for violent crimes that they committed on behalf of the gang, including the 2006 murder of a rival gang member and 2008 shooting of a teenage boy, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and Acting U.S. Attorney John A. Horn of the Northern District of Georgia.
Miguel Guevara, aka Blacky, 31, of Fort Walton Beach, Florida; Irvin Mejia Cruz, aka Triste, Lil Triste, 24, of Duluth, Georgia; and Walter Aldana, aka Goofy, 24, of Norcross, Georgia, were sentenced to 30 years in prison, nine years in prison, and 10 years in prison, respectively. U.S. District Judge Richard W. Story of the Northern District of Georgia imposed the sentences. The defendants each pleaded guilty in October 2013 to RICO conspiracy, and Guevara also pleaded guilty to using a firearm in relation to the commission of a crime of violence.
According to admissions made in connection with the defendants’ guilty pleas, the charges and other information presented in court, Mara Salvatrucha 13, or MS-13, is an international gang that originated in El Salvador and Honduras and spread to the United States. MS-13 members are organized into regional “cliques” within the larger gang. Each clique has a leader, often referred to as “the first word,” who conducts weekly meetings. At these meetings, members discuss their crimes and their plans to retaliate against rival gang members. The clique leaders collect dues from the gang members, which they use to buy guns and post bail for jailed gang members. Clique leaders often send money back to MS-13 leaders in their home countries, and report back to the same leaders about the clique’s activities on behalf of the gang.
MS-13 has operated in the greater Atlanta area since at least 2005. The gang staked out Gwinnett and DeKalb Counties as their home territory, where they committed murders, attempted murders and armed robberies, among other crimes.
According to admissions in connection with his guilty plea, Guevara was a member of MS-13, but in 2006, he decided to become less active in the gang and sought permission to “calm down” from the leader of his clique, Miguel Alvarado-Linares, aka Joker. Alvarado-Linares discussed this with other members at a meeting of the clique on Dec. 23, 2006, and the other gang members agreed that Guevara would have to shoot at a suspected rival gang member before he could become inactive. Guevara admitted that he and other gang members went to a nightclub in the early morning hours of Dec. 24, 2006 to hunt for rival gang members. Guevara admitted that he saw two rival gang members walk out of the night club and get into a car. Guevara and the other MS-13 members then followed the rival gang members. As the rival gang members exited the freeway, the MS-13 gang members pulled alongside, and Guevara fired multiple shots at the rival gang members. Guevara killed one of the gang members and wounded the other.
In connection with their guilty pleas, Cruz and Aldana admitted that they belonged to the same MS-13 clique. They further admitted that Mejia Cruz advised Aldana to shoot someone if he wanted to earn more respect within MS-13, and, on Aug. 21, 2008, Mejia Cruz gave Aldana a gun for the task. Aldana admitted that he left Mejia Cruz’s house with the gun, and encountered a group of teenagers, some of whom were playing basketball. Aldana challenged the teenagers, “Who do you claim,” asking to which gang they claimed allegiance. He then started firing into the crowd and struck a 14 year-old boy in the back. Aldana called out “Mara Salvatrucha” as he fled on foot. He later returned the firearm to Mejia Cruz.
This case was investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, FBI, Gwinnett County Police Department and DeKalb County Police Department. The case was prosecuted by Trial Attorney Joseph K. Wheatley of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Paul R. Jones of the Northern District of Georgia.
Third Defendant Pleads Guilty to Growing Marijuana Plants in the Shasta-Trinity National ForestRead the Press Release
SACRAMENTO, Calif. — Ricky Martin Huerta, 20, resident of Eureka, pleaded guilty today to manufacturing marijuana, United States Attorney Benjamin B. Wagner announced.
According to court documents, on May 30, 2014, aerial surveillance observed a large marijuana cultivation operation near Big French Creek on the Shasta-Trinity National Forest. On August 5, 2014, authorities raided the Big French Creek site. They located an active marijuana cultivation operation and counted a total of 7,980 growing marijuana plants. Authorities observed defendant Huerta walking from the marijuana garden toward a marijuana processing area. After spotting law enforcement, Huerta ran away down a hill and was apprehended.
This case was the product of an investigation by the United States Forest Service, the Humboldt County Drug Task Force, North State Marijuana Team, and the Trinity County Sheriff’s Office. Assistant United States Attorney Christiaan Highsmith is prosecuting the case.
On January 16, 2015, co-defendants Isidro Alcazar-Tapia and Arturo Alcazar-Tapia pleaded guilty to conspiracy to manufacture marijuana and to depredation of public lands and resources. Both are in custody. A fourth co-defendant, Victor Manuel Alvarez-Contreras, is at large.
Huerta is scheduled to be sentenced by Judge Garland E. Burrell, Jr. on May 1, 2015. Huerta faces a maximum statutory penalty of 20 years in prison and a $1,000,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Texarkana Man Sentenced to over Six Years for Being A Felon in Possession of A FirearmRead the Press Release
Texarkana, Arkansas - Conner Eldridge, United States Attorney for the Western District of Arkansas, announced that Christopher Demarkus Nard, aka Joseph Nard, aka “Killa Chris”, age 29, of Texarkana, Texas, was sentenced today to 75 months in prison followed by three years of supervised release for being a Felon in Possession of a Firearm. The Honorable Harry F. Barnes presided over the sentencing hearing in the United States District Court in Texarkana.
U.S. Attorney Eldridge commented, “Felons in possession of firearms have no place in our communities as they pose a serious threat of harm to our police officers and citizens. Our office, along local, state, and federal law enforcement, will continue to relentlessly investigate and prosecute these types of cases in order to keep communities throughout the Western District of Arkansas safe from senseless violence.”
According to court records, on September 19, 2013, after receiving information that Nard was selling methamphetamine from a hotel room in Texarkana, Arkansas, detectives with the Bi-State Narcotics Task Force began conducting surveillance of the hotel room they believed Nard was located. Detectives were able to observe numerous vehicles arriving at Nard’s hotel room and leaving after a short time. Based on this suspicious behavior, detectives chose to conduct traffic stops of vehicles after they departed from Nard’s hotel room. Methamphetamine and/or other narcotics were obtained from at least four of these vehicles. Following arrests, some of the defendants stated to the detectives that they had purchased the illegal drugs from Nard at his hotel room. Detectives then made contact with Nard to speak with him concerning their investigation after observing him leave his hotel room. As a result of that contact, Nard was arrested for possession of marijuana. After detectives informed Nard that he had been under surveillance, they asked for consent to search his hotel room that he was sharing with his girlfriend. Nard signed a consent form for detectives to search his room, and explained that he was responsible for any illegal items found in the room. During the search of the room, detectives found two electronic scales, methamphetamine residue, baggies, and a loaded, semi-automatic FIE, model E28, .25 caliber pistol hidden in the coffee maker under the sink, which detectives were later able to confirm had traveled in interstate commerce. After being booked for possession of marijuana, during a post-Miranda statement, Nard admitted to detectives that he owned the handgun and was selling methamphetamine from his hotel room to two of the men previously arrested immediately after leaving Nard’s hotel room. Nard was prohibited from possessing a firearm, as he had a previous felony conviction for Delivery of a Controlled Substance, Cocaine, punishable by imprisonment exceeding one year. A Federal Grand Jury issued an indictment for Nard on October 30, 2013, and Nard pleaded guilty to one count of being a Felon in Possession of a Firearm on August 15, 2014.
This case was investigated by the Bi-State Narcotics Task Force and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Jonathan Ross prosecuted the case for the United States.
* * * E N D * * *
Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov
Takini Man Sentenced for Abusive Sexual Contact with A ChildRead the Press Release
United States Attorney Brendan V. Johnson announced that a Takini, South Dakota, man convicted of Abusive Sexual Contact with a Child was sentenced on February 11, 2015, by U.S. District Judge Roberto A. Lange.
Reginald Between Lodges, a/k/a Reginald Condon, a/k/a Reggie Kills A Hundred, age 62, was sentenced to 36 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Between Lodges was indicted by a federal grand jury on June 10, 2014, for Aggravated Sexual Abuse of a Child. He pled guilty to Abusive Sexual Contact with a Child on November 18, 2014.
The conviction arose from an incident that occurred in October 2013, in Takini, when Between Lodges engaged in intentional, offensive touching of the victim, an 8-year-old child.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Between Lodges was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
Statement by Attorney General Holder on Murders in Chapel Hill, North CarolinaRead the Press Release
Attorney General Eric Holder released the following statement Friday regarding the tragic killings of three university students this week in Chapel Hill, North Carolina:
“Like all Americans, I was shocked and saddened by this week’s heinous murders of three young people in Chapel Hill, North Carolina. I join President Obama in offering my deep sympathies to the friends and loved ones of Yusor Mohammad Abu-Salha, Deah Shaddy Barakat, and Razan Mohammad Abu-Salha.
“In addition to the ongoing local investigation, I have made available the full resources of the Department of Justice to help ensure that justice will be served in this case. The Department’s Civil Rights Division and the FBI, along with the U.S. Attorney’s Office for the Middle District of North Carolina, have opened a parallel preliminary inquiry to determine whether any federal laws, including hate crime laws, were violated.
“Protecting the safety and securing the civil rights of everyone in this country is, and must always remain, a top priority for today’s Department of Justice. We will never waver in this commitment. And going forward, we pledge to stand with the families of these three remarkable young people – and with all whose lives were touched by this tragedy – as they begin the long road to healing.”
St. Louis County Man Indicted on Attempted Arson ChargeRead the Press Release
St. Louis, MO – ANTONIO WHITESIDE, St. Louis County, Missouri, was indicted in connection with the attempted arson of the Ferguson Supermarket, Inc. on November 24, 2014.
Whiteside was indicted by a federal grand jury on February 11 on one felony count of attempt to damage and destroy by means of fire and/or explosive materials. Whiteside was taken into custody late Thursday evening.
"The St. Louis County Bomb and Arson Unit and agents with ATF have been working on multiple criminal investigations in the aftermath of the Ferguson rioting. This indictment is but one result of that collaboration, which is an ongoing effort, and I expect will produce additional indictments at both the state and federal level," said U.S. Attorney Richard Callahan.
If convicted, this charge carries a maximum penalty of 10 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.
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.
INDICTMENT
St. Croix Man Pleads Guilty to Manufacture of MarijuanaRead the Press Release
St. Croix, USVI – Luke Lubrin, 46, of St. Croix, pleaded guilty today in District Court on St. Croix to one count of manufacture of marijuana, United States Attorney Ronald W. Sharpe announced.
According to the plea documents filed in court, Lubrin was growing marijuana plants on his property in Frederiksted. On June 26, 2014, members of the U.S. Drug Enforcement Administration (DEA) seized 58 marijuana plants from Lubrin’s property. Lubrin admitted that the plants were his and that he grew them.
Lubrin is facing a maximum sentence of five years in prison, and a $250,000 fine. U.S. Magistrate Judge George W. Cannon scheduled the sentencing for June 18, 2015.
The case was investigated by the DEA, and is being prosecuted by Assistant U.S. Attorneys Alphonso Andrews and Rami S. Badawy.
Settlement Reached in Murder-For-Hire LitigationRead the Press Release
CONTACT: Peggy McFarland
PHONE: (716) 843-5877
FAX: (716) 551-3051
BUFFALO, N.Y. - United States Attorney William J. Hochul, Jr. announced today that a stipulation and settlement agreement had been entered between with Randall Delbert Knight and approved by the Honorable William M. Skretny, Chief United States District Judge for the Western District of New York.
In 2010, Knight pleaded guilty before the Chief Judge Skretny to interstate murder-for-hire, for his July 3, 1994, murder of Andie Gasper, in the Town of Yorkshire in Cattaraugus County. Prior to stabbing Mr. Gasper to death, Knight and the victim’s wife, Cheryl Gasper, discussed murdering him in order that they might share in the proceeds of his life insurance policy. In furtherance of those discussions, Knight and Cheryl Gasper communicated using facilities of, and travelled in, interstate commerce between their respective residences in the States of Ohio and New York. Prior to his prosecution in federal court, Knight, in 1995, had been tried and acquitted for the murder in New York State Court. Following his 2010 federal plea of guilty, which also contained an agreement from the State of Ohio that he would not face prosecution in Ohio for his murder of Gasper, Knight was sentenced principally to a term of imprisonment of 288 months.
After he was sentenced, Knight claimed that the attorney who represented him at the time of his plea in federal court was deficient in that the attorney failed to raise and consider, prior to his plea of guilty, a potential statute of limitations defense. The defense could have been based on the fact that the statute to which Knight pled guilty was governed by a five (5) year statute of limitation period as of the date of the homicide. The law was amended, after the homicide, on September 13, 1994, with such amendment arguably removing the statute of limitation period.
While Chief Judge Skretny originally rejected Knight’s statute of limitation claim, the Second Circuit Court of Appeals, following an appeal by Knight, sent the case back to Chief Judge Skretny for further consideration. In so doing, the Court of Appeals observed that the Solicitor General’s Office, in a brief filed in an unrelated case before the United States Supreme Court, had adopted the position that the Department of Justice no longer believed that the 1994 amendment to the murder-for-hire statute—the same statute to which Knight had pled guilty—extended the statute of limitations applicable to offenses committed before that date. As a result, the government was effectively precluded from defending the very argument relied upon by Chief Judge Skretny in rejecting Knight’s claims.
On remand, Judge Skretny, beginning last month, commenced a fact finding hearing. The United States was represented at that hearing by First Assistant United States Attorney James P. Kennedy, Jr. and Criminal Chief Joseph M. Guerra, III. During the course of the hearing, Knight, in addition to his statute of limitation claim, also asserted that his prior attorney was deficient for failing to raise and consider, before his earlier plea of guilty, whether Knight, in fact, could have been subject to prosecution in the State of Ohio for his killing of Andie Gasper.
At the hearing, Knight’s current attorney cross-examined his former attorney over the course of three days. The hearing also included testimony from a federal prosecutor who handled the matter at the time of plea, and Knight himself.
The stipulation and settlement agreement approved by Chief Judge Skretny calls for Knight to be sentenced to 168 months imprisonment. Knight will terminate all litigation seeking to attack his prior conviction and judgment.
United States Attorney Hochul stated that today’s stipulation “ensures that a confessed murderer, having previously been acquitted in State court, will not escape prosecution based upon the claimed deficiencies of his prior attorney. More than 20 years after their son and brother was ruthlessly murdered, the Gasper family will hopefully find some peace knowing that they will not have to hear from Mr. Knight ever again.”
Rosebud Man Acquitted of Sexual AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man was acquitted of Sexual Abuse as a result of a federal jury trial in Pierre, South Dakota. The verdict was returned on February 11, 2015.
Anthony Fast Horse, age 55, was indicted by a federal grand jury on March 13, 2012. The charges related to the alleged sexual abuse of a victim at Rosebud.The investigation was conducted by the Federal Bureau of Investigation and the U.S. Attorney's Office prosecuted the case.
Rio Rancho Man Pleads Guilty to Federal Heroin Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Mark Herrera, 29, of Rio Rancho, N.M., pleaded guilty this morning in federal court to heroin trafficking and firearms charges under a plea agreement with the U.S. Attorney’s office.
Herrera was arrested in Aug. 2014, on a criminal complaint after law enforcement officers executed a federal search warrant on his vehicle and residence and found more than seven ounces of heroin, marijuana, approximately $5,000.00 in cash, firearms and ammunition, and drug paraphernalia. The officers also seized a semi-automatic pistol and ammunition during the search. During a post-arrest statement, Herrera allegedly told the officers that he sold six to eight ounces of heroin to others every two to three days, and that he possessed the firearm for protection.
During today’s proceedings, Herrera pled guilty to a two-count felony information charging him with being a felon in possession of a firearm and ammunition and possession of heroin with intent to distribute. In entering the guilty plea, Herrera admitted that on Aug. 1, 2014, law enforcement officers searched his vehicle and residence and seized seven ounces of heroin, drug paraphernalia, $5,000.00 in cash, and a loaded semi-automatic pistol. At the time of the arrest, Herrera was prohibited from possessing firearms or ammunition because he previously had been convicted of robbery and escape in Colorado.
At sentencing, Herrera faces a statutory maximum penalty of ten years in prison for the firearms charge and a statutory maximum penalty of 20 years in prison on the heroin trafficking charge. Herrera remains in federal custody pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque offices of the ATF and the DEA and the Rio Rancho Police Department. Assistant U.S. Attorney Presiliano Torrez is prosecuting the case.
This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaboration between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Reoffender Sentenced to 85 Months in Prison for Distributing Methamphetamine and Violating Terms of Suspended SentenceRead the Press Release
Fayetteville, Arkansas - Conner Eldridge, United States Attorney for the Western District of Arkansas, announced that Jose Luis Martinez, age 37, of Rogers, was sentenced today to 70 months imprisonment and three years of supervised release on one count of Distribution of Methamphetamine plus 15 months imprisonment for violating the terms of his previous suspended sentence. The sentencing took place before the Honorable Timothy L. Brooks in the United States District Court for the Western District of Arkansas in Fayetteville.
U. S. Attorney Eldridge commented, “This defendant was previously imprisoned for a drug trafficking offense and was still on supervised release when he committed this criminal act. Those that continually violate the law by participating in this illicit activity put our communities at risk and demonstrate a lack of respect for both the justice system and society in general. We will continue to aggressively prosecute these types of cases and hold those involved accountable.”
According to court records, in May, 2014, during the course of an ongoing investigation by the Drug Enforcement Administration, agents arranged for a controlled purchase of one and one-half ounces of methamphetamine from Martinez. The transaction was to take place at Jose Martinez Tile and Granite in Rogers, a business owned by Martinez. Agents set up surveillance and observed as Martinez was handed $2100.00 in U.S. currency in exchange for the suspected methamphetamine. The suspected mixture was sent to the Drug Enforcement Administration’s South Central Laboratory where it tested positive for methamphetamine. Martinez pleaded guilty to the charge on September 11, 2014. At the time of his arrest, Martinez was on supervised release for a previous drug trafficking offense that occurred in June, 2008.
This case was investigated by the Drug Enforcement Administration and the Benton County Sheriff’s Office. Assistant United States Attorney David Harris prosecuted the case for the United States.
* * * E N D * * *
Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov
Registered Sex Offender Sentenced to 40 Years in Prison for Producing Child PornographyRead the Press Release
Two Others Also Sentenced in Separate Cases
ASHEVILLE, N.C. – On Thursday, February 12, 2015, U.S. District Judge Martin Reidinger sentenced Kieron Mann, 45, of Hendersonville, N.C. to 40 years in prison on production of child pornography charges, announced Anne M. Tompkins, U.S. Attorney for the Western District of North Carolina. Mann was ordered to serve a lifetime of supervised release, to continue to register as a sex offender, and to pay $50,000 as restitution to his victims.
Ryan L. Spradlin, Acting Special Agent in Charge of ICE/Homeland Security Investigations (HSI) in Georgia and the Carolinas and Sheriff Charles McDonald of the Henderson County Sheriff’s Office join U.S. Attorney Tompkins in making today’s announcement.
“After receiving a lead from our Cyber Crimes Center about the suspected distribution of child pornography by this defendant, who is a registered sex offender, HSI special agents in Hendersonville were able to determine he was in fact producing child pornography with a very young child and was sexually abusing two other children,” said ICE/HIS Acting Special Agent in Charge Spradlin. “Thanks to the hard work of HSI and the Henderson County Sheriff’s Office, not to mention an aggressive prosecution by the U.S. Attorney’s Office, this monstrous child predator will never again have an opportunity to abuse another innocent victim.”
“The safety and security of the children in our communities is paramount. Through the efforts of agents from the Department of Homeland Security and deputies of the Henderson County Sheriff’s office, families affected by this vile predator can rest more comfortably knowing their children will never be harmed by Mr. Mann again,” said Sheriff McDonald.
In May 2014, Mann pleaded guilty to one count of production of child pornography. According to court documents and statements made in court, law enforcement executed search warrants at Mann’s residence, and seized his computers and cellular phones. A forensic examination of the seized items revealed that they contained images and videos of child pornography, which Mann had produced. Mann is a registered sex offender, which stems from his 1996 federal conviction for receiving child pornography. At today’s hearing, Mann’s sentence was enhanced because of his criminal history. Mann has been in federal custody March 2014. The case was prosecuted by HSI and Henderson County.
Judge Reidinger also sentenced today Tabatha Dianne Black, 35, of Bakersville N.C., to 210 months in prison and a lifetime of supervised release. According to court records, from May to June 2012, in Yancey County, Black did entice and coerce a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of it which she then distributed. Black pleaded guilty in June 2014 to one count of production of child pornography and has been in federal custody since April 2014. The case was prosecuted by HSI, the State Bureau of Investigation, and the Yancey County Sheriff’s Office.
Judge Reidinger sentenced a third defendant today on child pornography charges. Jonathan Michael Whisnant, 42 of Easley, S.C. was sentenced to 78 months in prison and to a lifetime of supervised release. According to court records, in January 2014 in Polk County, Whisnant received and possessed images depicting child pornography. Whisnant pleaded guilty in June 2014 to one count of possession of child pornography and one count of receipt of child pornography. He has been in federal custody since April 2014. The case was prosecuted by HSI.
U.S. Attorney Tompkins thanked all the law enforcement agencies that investigated these cases for their outstanding work and said, “My Office and our law enforcement partners will not allow child predators to victimize innocent children. We will find and prosecute those who prey upon the most vulnerable members of our communities.”
The defendants will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov
Raymond Man Sentenced for Mail FraudRead the Press Release
United States Attorney Deborah R. Gilg announced that United States District Judge John M. Gerrard sentenced Gerald C. Bryce, age 50 of Raymond, Nebraska, to 18 months imprisonment, to be followed by a 3 year term of supervised release following his earlier guilty plea to mail fraud.
Bryce had been an insurance agent and in that capacity would collect premium payments from customers to be sent to the insurance company providing the customers’ coverage. One couple found that their life insurance policies lapsed because Bryce had not forwarded the money he had collected to the insurance companies. In 2011 they had paid him $259,167.19 for premiums for life insurance policies that had lapsed. The failure to forward the payments was not immediately discovered as Bryce had the information from the insurance companies mailed to him. After learning of the lapsed policies, the victims filed a civil suit and, as part of a settlement in that case, Bryce did pay some of the monies he stole.
In 2010, Bryce defrauded another couple of $41,983.55, by telling them to withdraw the cash value of a life insurance policy they owned and give him the money for safekeeping. He said he was concerned about a former business partner taking the money. Bryce then changed the mailing address of that couple to his address and kept the money for himself.
Judge Gerrard also ordered Bryce to pay $107,591.51 to the two couples. That amount accounts for the losses they incurred that were not covered by the civil case.
The case was investigated by the Nebraska Department of Insurance and United State Postal Inspection Service.
Rapid City Man Sentenced for False StatementsRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of False Statements Relating to Health Care Matters was sentenced on February 6, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Antone Little Moon, age 34, was sentenced to time served and 12 months of supervised release.
The conviction stems from Little Moon attempting to have a false prescription for Hydrocodone filled at the Indian Health Services Pharmacy in Pine Ridge on September 16, 2013. Little Moon pled guilty to the charge on October 29, 2014.
This case was investigated by the Department of Health and Human Services, Office of the Inspector General. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Prior Felon from Carlsbad Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Eduardo Lerma, Jr., 32, of Carlsbad, N.M., pleaded guilty this morning in federal court in Las Cruces, N.M., to being a felon in possession of a firearm.
Lerma was arrested in Aug. 2014, by the Bureau of Alcohol, Tobacco, Firearms and Explosives on a criminal complaint alleging that he unlawfully possessed a firearm on Aug. 14, 2014, in Eddy County, N.M. Lerma subsequently was indicted on that same charge on Nov. 12, 2014. According to court filings, Lerma was prohibited from possessing firearms because he previously had been convicted of two drug trafficking crimes and receiving stolen property.
Today Lerma entered a plea of guilty to the indictment charging him with being a felon in possession of a firearm; he also admitted violating the conditions of his supervised release. In entering his guilty plea, Lerma admitted being in possession of two rifles on Aug. 14, 2014. Lerma also acknowledged that he was prohibited from possessing firearms because he was a convicted felon and by the conditions of his supervised release.
Lerma has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. Lerma faces a maximum penalty of ten years in federal prison for being a felon in possession of a firearm
At the time of his arrest, Lerma was under supervised release for a prior federal previous conviction. A petition against Lerma for violating the conditions of supervision release is pending.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the HITDA Region VI Pecos Valley Drug Task Force, the Carlsbad Police Department, and the Eddy County Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
The HITDA Region VI Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department, Artesia Police Department, New Mexico Probation and Parole, and the 5th Judicial District Attorney’s Office. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
President of Investment Advisory Firm Sentenced in Manhattan Federal Court to Six Years in Prison for Multimillion-Dollar Investment Fraud SchemeRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced today that JAMES TAGLIAFERRI, formerly the president of TAG Virgin Islands (“TAG”), was sentenced in Manhattan federal court to six years in prison in connection with a multi-year multimillion-dollar fraudulent scheme to defraud his own investment advisory clients. Through TAG, TAGLIAFERRI, a SEC-registered investment adviser: (a) accepted undisclosed compensation in exchange for causing his clients to invest in certain securities; (b) used client funds for illegitimate purposes, including paying other clients; and (c) caused false and fictitious securities instruments to be placed in client accounts. In total, TAGLIAFERRI’s scheme caused clients to lose at least $16 million. In July 2014, TAGLIAFERRI was convicted, following a nearly five-week jury trial, of investment adviser fraud, securities fraud, multiple counts of wire fraud, and multiple counts of violating the Travel Act. He was sentenced today by U.S. District Judge Ronnie Abrams.
Manhattan U.S. Attorney Preet Bharara said: “Today’s sentence ensures that James Tagliaferri will be punished for taking millions in undisclosed fees in exchange for steering his clients’ money to certain companies, and defrauding investors to the tune of millions of dollars. Those who would commit similar crimes should understand that this Office has zero tolerance for individuals who jettison their investors’ interests in favor of their own through fraud and deceit.”
According to the Superseding Indictment filed in Manhattan federal court, other court documents in the public record, and the evidence presented at trial:
In 2007, TAGLIAFERRI opened TAG in the Virgin Islands and began offering investment advisory services to clients through that company. Previously, TAGLIAFERRI had offered such services through another company, Taurus Advisory Group.
Beginning in 2007, TAGLIAFERRI began executing a scheme to defraud TAG clients in various ways. First, TAGLIAFERRI began taking undisclosed fees in exchange for investing client funds in certain companies. He received at least $1.6 million in undisclosed fees in exchange for causing clients to invest in the securities of a horse-racing company located in Garden City, New York (“Company 1”). TAGLIAFERRI placed at least $40 million of client funds in investments relating to Company 1. He also received at least approximately $1.75 million in undisclosed compensation in exchange for placing client funds in several companies affiliated with an associate of his (“Associate 1”). Ultimately, TAGLIAFERRI placed at least $80 million in client funds in investments relating to these companies.
TAGLIAFERRI often used his clients’ money to finance these undisclosed payments to TAG. He did this by transferring client funds from custodial accounts to a trust account maintained by an attorney. He then diverted a portion of those funds – the undisclosed payment – from the trust account to a TAG account in the Virgin Islands that he controlled. By routing fees to TAG through this trust account and other third-party accounts, TAGLIAFERRI was able to receive these fees with no record of such fees appearing on the monthly statements custodial financial institutions sent to TAG clients.
Second, TAGLIAFERRI used client funds for improper purposes, including making payments to other clients who were demanding their money, and to make payments on behalf of companies he was affiliated with, including Company 1. He orchestrated a complex series of transactions between and among TAG client accounts to access funds for these purposes. For example, when an immediate need for funds arose, he caused clients to purchase shares of a publicly traded company affiliated with Associate 1 from a client account affiliated with Associate 1 that TAGLIAGERRI controlled. Once those sales took place and TAG client funds were transferred to that account, he used those funds for his own purposes, including for payments to other clients demanding their money.
Third, TAGLIAFERRI caused false and fictitious securities to be placed in client accounts. He signed a series of investment instruments relating to a company located in Pennsylvania (the “Pennsylvania Company”). According to these instruments, the Pennsylvania Company was obligated to make payments to certain TAG clients based on a note agreement between the Pennsylvania Company and TAG. In reality, however, the Pennsylvania Company never executed any agreement with TAG that obligated it to make payments to TAG or TAG clients. As TAGLIAFERRI well knew, these investment instruments, and the obligation they referenced, were false and fictitious.
In addition to the prison term, Judge Abrams sentenced TAGLIAFERRI, 75, who currently resides in Stamford, Connecticut, and formerly resided in the United States Virgin Islands, to three years of supervised release. TAGLIAFERRI was also ordered to forfeit $2.5 million, including any ownership interest in a residential property in the U.S. Virgin Islands. The Court deferred imposing an order of restitution until a later date.
Mr. Bharara praised the work of United States Postal Inspection Service. He also thanked the United States Securities and Exchange Commission and the United States Attorney’s Office for the Eastern District of North Carolina for their assistance in this matter.
Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. Attorneys’ offices and state and local partners, it is the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Since the inception of FFETF in November 2009, the Justice Department has filed more than 12,841 financial fraud cases against nearly 18,737 defendants including nearly 3,500 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Jason H. Cowley and Parvin Moyne, and Special Assistant United States Attorney Saima S. Ahmed of the United States Securities and Exchange Commission are in charge of the prosecution.
Phoenix Arizona - Woman Pled Guilty to Mail Fraud and Aggravated Identity Theft.Read the Press Release
SYRACUSE, NEW YORK –United States Attorney Richard S. Hartunian and IRS-Criminal Investigations, New York Field Office, Special Agent in Charge Shantelle P. Kitchen announced that Elaine Monique Zavala-Charres, 34, of Phoenix Arizona pled guilty today in federal court in Utica, New York to mail fraud and aggravated identity theft in a case involving false federal income tax returns that resulted in the theft of over $260,000.00 from the IRS. Zavala-Charres admitted that in 2011 and 2012 she operated a scheme with her codefendant, Lacey Hollinger, a Massena, New York native, wherein Massena area residents were contacted via Facebook and other electronic media to tell them they were eligible for a tax refund even though they were unemployed and had no income as part of a U.S. Government "stimulus program." No such program existed. Several dozen responded, giving Hollinger their personal identification information (date of birth, social security number, etc.). Hollinger forwarded this information to Elaine Monique Zavala-Charres in Phoenix, Arizona, who used it to create false and fraudulent tax returns that generated over $260,000.00 in tax refunds. Zavala-Charres and Hollinger stole these funds after they were electronically deposited in bank accounts they controlled in Arizona.
The Massena area residents never saw the tax returns, which falsely represented that they were self-employed and entitled to a refund. Some did get pre-paid debit cards that Hollinger and Zavala-Charres caused them to receive in the mail. Many got nothing, with Elaine Monique Zavalla-Charres and Lacey Hollinger keeping most of the refund money.
Lacey Hollinger, 27, pled guilty to these same charges and will be sentenced on March 5, 2015.
"Identify theft and false income tax filings are two crimes that are increasingly affecting the public," stated United States Attorney Richard S. Hartunian. "The most important thing for citizens to remember is to never give their personal identifying information out to people they don’t know or who shouldn’t need that information."
At sentencing on June 10, 2015 in Utica, Elaine Monique Zavala-Charres faces a maximum sentence of up to twenty (20) years for her conviction for mail fraud and a fine of up to $250,000.00 as well as restitution. She faces an additional mandatory sentence of two (2) years imprisonment for her plea of guilty to aggravated identity theft, to be served consecutively to her mail fraud sentence. She faces up to three (3) years of supervised release following her release from prison.
Oregon Resident Pleads Guilty to Accessory After the Fact in Connection with 2009 Suicide Bombing of ISI Headquarters in PakistanRead the Press Release
PORTLAND, Ore. – Reaz Qadir Khan, 51, a naturalized U.S. citizen residing in Portland, pleaded guilty to the crime of accessory after the fact for the assistance he provided to individuals connected to the May 27, 2009, suicide bomb attack at the headquarters of Pakistan’s intelligence service in Lahore, Pakistan, that killed approximately 30 individuals and injured 300 more.
In entering his plea before U. S. District Court Judge Michael Mosman, Khan admitted arranging for suicide bomber Ali Jaleel to receive approximately $2,450 inside of Pakistan prior to Jaleel’s participation in the May 27, 2009 bombing. Khan further admitted to providing advice and financial assistance to Jaleel’s wives after the bombing knowing that such assistance would hinder and prevent the apprehension of Jaleel’s wives and others in the Maldives who may have been involved with Jaleel.
On May 27, 2009, Jaleel and two others conducted the suicide attack at the ISI Headquarters in Lahore. The blast resulted in the death of approximately 30 people and injured 300 more. In a video released by the media outlet of al-Qaeda shortly after the attack, Jaleel made a statement taking responsibility for the attack and he was shown preparing for the attack at a training camp in what is believed to be the Federally Administered Tribal Area of Pakistan.
The maximum sentence for accessory after the fact is 15 years in prison and a fine of up to $125,000. The parties have agreed to jointly request that the Court impose a sentence of 87 months in prison at defendant’s sentencing, which is set for June 8, 2015.
This case was investigated by the FBI’s Joint Terrorism Task Force. The prosecution is being handled by Assistant U.S. Attorneys Ethan D. Knight and Charles F. Gorder, Jr. from the U.S. Attorney’s Office for the District of Oregon. Trial Attorney David P. Cora, from the Counterterrorism Section of the Justice Department’s National Security Division, is assisting.
Oregon Resident Pleads Guilty to Accessory After the Fact in Connection with 2009 Suicide Bombing of ISI Headquarters in PakistanRead the Press Release
Assistant Attorney General John P. Carlin of the National Security Division and U.S. Attorney S. Amanda Marshall of the District of Oregon announced today that Reaz Qadir Khan, 50, a naturalized U.S. citizen residing in Portland, Oregon, pleaded guilty to the crime of accessory after the fact for providing assistance to individuals connected to the 2009 suicide bomb attack at the headquarters of Pakistan’s intelligence service that killed approximately 30 individuals and injured 300 more.
In his plea entered before U. S. District Court Judge Michael Mosman, Khan admitted to providing advice and financial assistance to suicide bomber Ali Jaleel’s wives after the bombing knowing that such assistance would hinder and prevent the apprehension of Jaleel’s wives and others in the Maldives who may have been involved with Jaleel.
On May 27, 2009, Jaleel and two others conducted the suicide attack at the ISI headquarters in Lahore, Pakistan. In a video released by the media outlet of al-Qaeda shortly after the attack, Jaleel made a statement taking responsibility for the attack and was shown preparing for the attack at a training camp in what is believed to be the Federally Administered Tribal Area of Pakistan.
In the plea agreement, the defense and government jointly recommended a prison sentence of 87 months. Sentencing is scheduled for June 8, 2015.
This case was investigated by the FBI. The prosecution is being handled by Assistant U.S. Attorneys Ethan D. Knight and Charles F. Gorder Jr. of the District of Oregon, with assistance from Trial Attorney David P. Cora of the National Security Division.
Ohio Federal Court Prohibits Tax Return Preparer from Engaging in Prohibited ConductRead the Press Release
A federal court in Dayton, Ohio, has entered a permanent injunction against a tax return preparer that requires him to sign tax returns and furnish his Preparer Tax Identification Number (PTIN) on returns he prepares, as well as retain a list or copy of each of the returns that he prepares, the Justice Department announced today.
The court also barred Rodger S. Thomas Sr. from preparing documents that he knows will result in an understatement of his customers’ tax liabilities.
According to the government’s complaint, from 2006 through 2009, Thomas is alleged to have prepared tax returns for customers that claimed false business deductions on their Schedule C (profit and loss from business) and fictitious deductions on their Schedule A (itemized deductions). Also according to the suit, Thomas also allegedly prepared false Forms 1099 in order to inflate customers’ income and maximize their Earned Income Tax Credits. The complaint alleged that Thomas would then report these payments on the Schedule C of his own income tax returns as expenses incurred by his business Ramjet Express. The complaint further alleged that Thomas failed to sign or affix a PTIN to many of the returns that he prepared, negotiated refund checks by filing false Forms 1040 for customers and then, in violation of federal law, deposited the funds into his personal bank account.
In 2012, Thomas pleaded guilty to one count of making a false statement on an income tax return and one count of aiding and assisting in the filing of a false income tax return. He was subsequently sentenced to serve 24 months in prison and was released in March 2014.
The court’s order requires Thomas to contact and notify all persons for whom he has prepared a federal tax return or a claim for refund for since Jan. 1, 2006, of the injunction entered against him.
Return preparer fraud is one of the Internal Revenue Service’s (IRS) Dirty Dozen Tax Scams for 2015. The IRS has some tips on their website for choosing a tax preparer, and has launched a free directory of federal tax preparers. In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers and tax scheme promoters. Information about these cases is available on the Justice Department website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Oakdale Inmates Sentenced for Inflicting Severe Injuries on Fellow InmatesRead the Press Release
LAKE CHARLES, La. – United States Attorney Stephanie A. Finley announced that three inmates were sentenced Thursday in two separate cases for severe beatings of other inmates. United States District Judge Patricia Minaldi presided over the hearings.
Virginia man sentenced to 41 months in prison for beatings
Douglas Darrell Harris, 32, of Petersburg, Va., was sentenced to 41 months in prison on one count of assault at a federal correctional institution. He was also sentenced to three years of supervised release.
According to evidence presented at the November 6, 2014 guilty plea, Harris assaulted a fellow inmate twice on April 1, 2014 at the Oakdale Federal Correctional Institution. One of the beatings was caught on camera, and the other was witnessed by a guard. As a result of the beatings, the injured inmate suffered fractured fingers, a fractured humerus, blurred vision and head pain. He also suffered a seizure and was admitted into the intensive care unit. Additionally, his hands were so badly injured they required surgery.
Mexican nationals sentenced to 60 months in prison for assault
Martin Alfonso Olivas-Lopez, 40, and Pablo Palacios-Gomez, 36, both of Mexico, were sentenced to 60 months in prison on one count of assault at a federal correctional institution. They are to be transported back to Mexico upon completion of their prison terms.
According to evidence presented at the November 20, 2014 guilty pleas, Olivas-Lopez and Palacios-Gomez assaulted another inmate on May 7, 2014 outside of Olivas-Lopez’s cell at the Oakdale Federal Correctional Institution. The assault was captured on the prison’s camera system. They punched the inmate in the head repeatedly and continued the assault after he had fallen to the ground. They then meticulously cleaned the area. The inmate suffered lacerations on his head, a nasal bone fracture, and a swollen eye and jaw.
The FBI and the U.S. Bureau of Prisons investigated the cases. Assistant U.S. Attorney Robert C. Abendroth prosecuted the cases.
North Texas Man Convicted in Fictional Disney SchemeRead the Press Release
Department of Justice
Office of Public AffairsSHERMAN, Texas – A 35-year-old Plano, Texas man has been found guilty of federal violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Thomas W. Lucas, Jr., was found guilty by a jury of seven counts of wire fraud and one count of making a false statement to the FBI today following a five-day trial before U.S. District Judge Amos Mazzant. The jury deliberated for less than an hour before returning their verdict.
According to information presented in court, from 2006 to 2010, Lucas devised and executed an elaborate scheme to defraud more than 100 investors out of approximately $60 million by telling them he had insider information regarding a Walt Disney resort and theme parks planned for the North Texas area. Originally, according to Lucas, the Disney Resort and Theme Park was to be called, “The King Ranch Project,” but that changed in 2007 to “Frontier Disney DFW,” both of which were completely fabricated. Disney witnesses, including Disney’s then Chairman of Parks and Resorts and executive assistants, testified at the trial that the information presented to investors by Lucas was not authentic and that Disney had never had any intentions of opening a Disney resort and theme park in north Texas at any time. Lucas pocketed approximately $450,000 from fees and commissions gleaned from the various land deals closed on his fraudulent Disney information. When confronted by the FBI about the scheme, Lucas falsely blamed the Disney information on a man he had previously met at a methadone rehabilitation clinic, who is now deceased.
On Sep. 11, 2013, Lucas was indicted by a federal grand jury in the Eastern District of Texas and charged with multiple counts of wire fraud and providing a false statement to federal agents.
Lucas faces up to 20 years in federal prison. A sentencing date has not been set.
This case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorneys Christopher Eason and J. Andrew Williams.
Member of Violent Home Invasion Robbery Crew Sentenced to 22 Years for Conspiring to Commit Drug Robberies and Conspiring to Distribute Cocaine and HeroinRead the Press Release
Earlier today, at the federal courthouse in Brooklyn, Henry Fiorentino was sentenced to 22 years in prison by United States District Judge John Gleeson. Fiorentino was convicted after a two-week jury trial in November 2014 of conspiring to commit Hobbs Act robberies and conspiring to distribute cocaine and heroin.
The sentence was announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York.
Fiorentino was a leading member of a violent robbery crew responsible for more than 100 robberies of narcotics traffickers in the New York metropolitan area and elsewhere that netted more than 250 kilograms of cocaine and $1 million in drug proceeds. Beginning in approximately January 2001, crew members posed as law enforcement officers, staged fake arrests of the traffickers, and then forcibly seized the traffickers’ contraband. Members of the robbery crew restrained victims with handcuffs, rope, or duct tape and often brandished firearms and physically assaulted the victims. The Crew members then sold the stolen drugs and divided the proceeds among themselves.
Fiorentino participated in at least 19 separate robberies and attempted robberies. During these crimes, he personally entered the residences and, on numerous occasions, he or fellow crew members brandished firearms and abducted or restrained victims. During all of the robberies and attempted robberies, Fiorentino posed as a police officer. The robberies and attempted robberies in which Fiorentino directly participated involved at least 230 kilograms of cocaine and approximately $66,000 in drug proceeds.
Ms. Lynch extended her grateful appreciation to the Drug Enforcement Administration, New York, U.S. Immigration and Customs Enforcement, Homeland Security Investigations, and the New York City Police Department.
The government’s case is being prosecuted by Assistant United States Attorneys Alexander Solomon and Sylvia Shweder.
The Defendant:
HENRY FIORENTINO
Age: 46
Bronx, NY
E.D.N.Y. Docket No. 08-CR-242 (S-8)(JG)
Member of Megaupload Conspiracy Pleads Guilty to Copyright Infringement Charges and is Sentenced to One Year in U.S. PrisonRead the Press Release
A computer programmer for the Mega copyright piracy conspiracy, Andrus Nomm, 36, of Estonia, pleaded guilty today in connection with his involvement with Megaupload.com and associated piracy websites. He was sentenced to a year and a day in federal prison for conspiring to commit felony copyright infringement.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Dana J. Boente of the Eastern District of Virginia and Assistant Director in Charge Andrew G. McCabe of the FBI’s Washington Field Office made the announcement. U.S. District Judge Liam O’Grady of the Eastern District of Virginia accepted the guilty plea and imposed the sentence.
“This conviction is a significant step forward in the largest criminal copyright case in U.S. history,” said Assistant Attorney General Caldwell. “The Mega conspirators are charged with massive worldwide online piracy of movies, music and other copyrighted U.S. works. We intend to see to it that all those responsible are held accountable for illegally enriching themselves by stealing the creative work of U.S. artists and creators.”
“This outcome is the result of years of hard work by our office and our partners from the Criminal Division and the Federal Bureau of Investigation,” said U.S. Attorney Dana J. Boente. “The Mega Conspiracy engaged in massive criminal infringement of copyrighted works on the Internet, and we are confident that this case will be a sign to those who would abuse technology for illegal profit.”
“Today one conspirator who infringed upon the work of countless artists, actors and musicians takes responsibility for his actions,” said Assistant Director in Charge McCabe. “We continue to pursue his co-conspirators until they face justice in the American legal system. This sentence and the remaining charges in this case are the direct result of the hard work of dedicated FBI Special Agents, intelligence analysts and prosecutors who have invested countless hours of effort to bring justice in this case.”
Nomm agreed to waive his extradition hearing in the Netherlands, where he was arrested in January 2012, and plead guilty in the United States. In light of his role in the conspiracy and acceptance of responsibility, prosecutors agreed to recommend the sentence of a year and a day in federal prison.
Nomm was initially charged along with six other individuals and two privately-held corporations by a federal grand jury on Jan. 5, 2012, and a superseding indictment with additional charges was subsequently returned on Feb. 16, 2012. The superseding indictment charged the defendants with three separate conspiracies: conspiracy to commit racketeering, conspiracy to commit copyright infringement and conspiracy to commit money laundering. In addition, the defendants are charged with five counts of criminal copyright infringement and five counts of wire fraud. The indictment alleges that, for more than five years, the Mega Conspiracy operated websites that willfully reproduced and distributed infringing copies of copyrighted works, including works that had not been commercially released. The charges and allegations contained in an indictment are merely accusations and the remaining defendants are presumed innocent unless and until proven guilty.
In court papers, Nomm agreed that the harm caused to copyright holders by the Mega Conspiracy’s criminal conduct exceeded $400 million. He further acknowledged that the group obtained at least $175 million in proceeds through their conduct. Megaupload.com had claimed that, at one time, it accounted for four percent of total Internet traffic, having more than one billion total visits, 150 million registered users and 50 million daily visitors.
In a statement of facts filed with his plea agreement, Nomm admitted that he was a computer programmer who worked for the Mega Conspiracy from 2007 until his arrest in January 2012. Nomm further admitted that, through his work as a computer programmer, he was aware that copyright-infringing content was stored on the websites, including copyright protected motion pictures and television programs, some of which contained the “FBI Anti-Piracy” warning. Nomm also admitted that he personally downloaded copyright-infringing files from the Mega websites. Despite his knowledge in this regard, Nomm continued to participate in the Mega Conspiracy.
An extradition hearing for co-defendants Kim Dotcom, Mathias Ortmann, Bram Van der Kolk and Finn Batato is currently scheduled for June 2015 in Auckland, New Zealand. Co-defendants Julius Bencko and Sven Echternach remain at large.
This case is being investigated by the FBI’s Headquarters and Washington Field Office. The case is being prosecuted by Senior Counsel Ryan K. Dickey and Brian L. Levine of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Jay V. Prabhu of the Eastern District of Virginia. The Criminal Division’s Office of International Affairs also provided significant assistance.
Medical Device Maker Agrees to Pay $495,000 to Settle Allegations it Improperly Rewarded Military Physicians for Choosing Company DevicesRead the Press Release
MED-EL USA, based in Durham, NC, has settled claims that it improperly sought to influence military physicians to surgically implant MED-EL hearing devices in patients with hearing loss, Acting United States Attorney Annette L. Hayes announced today. MED-EL USA, a subsidiary of Austrian-based MED-EL, manufactures and sells cochlear implants and other hearing devices. The company agreed to pay the U.S. Army and U.S. Navy a total of $494,951 to settle allegations that it improperly provided meals and trips to an Army and a Navy Ear, Nose and Throat (ENT) specialist. The physicians were stationed at Madigan Army Medical Center in Tacoma, Washington and at the San Diego Naval Medical Center in San Diego, California.
“Patients need to be confident that their physician is selecting the best and most appropriate medical devices for their medical conditions – not the device that will result in free travel and/or a free meal for their doctor,” said Acting United States Attorney Annette L. Hayes. “That is why the Anti-Kickback Statute and False Claims Act generally prohibit payments to physicians, in cash or in-kind, in the hopes of influencing their medical decision-making and inducing them to order particular procedures, treatments and/or medical devices. Enforcement of these laws is particularly important in the military context given our obligation to provide quality healthcare to our servicemen and women and their families.”
According to today’s settlement, between 2010 and 2013, MED-EL USA embarked upon a deliberate campaign to increase the use of its products in Defense Department medical facilities. The government’s investigation revealed that MED-EL USA targeted the above-referenced Army and Navy ENTs and attempted to influence their choice of hearing devices by providing them free meals, overseas travel opportunities and honoraria requiring little to no actual work by the physicians. MED-EL USA sales to the military jumped from none to $400,000 during the period the two military physicians were the recipients of the company’s largesse.
In resolving the allegations involved in today’s settlement, MED-EL USA admits to no wrongdoing. Further, the company has dismissed its former Chief Operating Officer and terminated its relationship with the external sales consultant who orchestrated the alleged improper payments scheme.
The case was handled by Assistant United States Attorney Harold Malkin. Mr. Malkin heads the Affirmative Civil Enforcement (ACE) Unit for the U.S. Attorney’s Office.
The case was investigated by the Seattle Office of the Defense Criminal Investigative Service and the Army Criminal Investigation Command, Major Procurement Fraud Unit.Meadows Place Man Handed Significant Sentence for Child Pornography Production ChargeRead the Press Release
HOUSTON - William Butler Myers, 43, has been ordered to federal prison for 236 months for attempted production of child pornography involving a 14-year-old female, announced U.S. Attorney Kenneth Magidson. Myers, of Meadows Place, entered a plea of guilty Nov. 21, 2013.
Today, U.S. District Judge Melinda Harmon ordered the prison term which will be followed by a life term of supervised release. During that time, the court can imposed a number of special conditions designed to protect the children and prohibit the use of the Internet. He will also have to register as a sex offender.
The charges are the result of evidence found on a phone Myers took in for service at a cell phone repair shop. An employee had called law enforcement after he saw what he believed to be images of child pornography on the phone. Law enforcement reviewed the images and subsequently obtained a warrant for Myers residence in Meadows Place, at which time additional evidence was discovered and seized.
During the course of the investigation, law enforcement was eventually able to identify the victim.
Myers has been detained since his federal arrest on June 3, 2013, after the court found him to be a flight risk and danger to the community. He will remain there pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The investigation was conducted by members of the Innocent Images Unit of the Houston FBI, including members of the Houston Police Department, which focuses its attention on investigating offenses involving the exploitation of children.
This case, prosecuted by Assistant U.S. Attorney Sherri Zack, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Massena, New York - Man was Sentenced to 84 Months in Prison for Receipt of Child Pornography.Read the Press Release
PLATTSBURGH, NEW YORK – Robert Girard, 56, of Massena, New York, was sentenced to 84 months in prison for receipt of child pornography yesterday in United States District Court in Utica, New York, announced United States Attorney Richard S. Hartunian and Homeland Security Investigations Assistant Special Agent in Charge Nicholas DiNicola.
"The receipt and viewing of child pornography is an atrocious crime. As people continue to share child pornography, the children in the images continue to be victimized," said United States Attorney Richard S. Hartunian. "Through collaborative law enforcement efforts, our offices continue to investigate and prosecute these cases to the fullest extent of the law."
"Homeland Security Investigations aggressively targets child predators as child exploitation cases are among the agency’s highest priority," stated Nicholas DiNicola, Assistant Special Agent in Charge of Homeland Security Investigations Buffalo. "Working as a team with the U.S. Attorney’s Office and our partners in law enforcement, Homeland Security Investigations will continue to target individuals seeking to harm children."
Girard pled guilty on October 16, 2014 to one count of receipt of child pornography. As part of his plea, Girard admitted that he used peer-to-peer software to download and share child pornography over the internet. Girard’s sentence also includes a term of supervised release, registration as a sex offender, payment of a $100 special assessment, and forfeiture of any equipment or materials involved in the offense.
This prosecution resulted from an investigation conducted by the Department of Homeland Security, Homeland Security Investigations Massena. Assistant United States Attorney Katherine Kopita prosecuted the case as part of Project Safe Childhood. Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit
www.projectsafechildhood.gov .
Manhattan U.S. Attorney Announces Guilty Plea of Former U.S. Soldier for Conspiracy to Murder A DEA Agent and A DEA InformantRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced today that JOSEPH HUNTER, a former member of the U.S. Army, pled guilty in Manhattan federal court to charges that include conspiracy to murder an agent of the Drug Enforcement Administration (“DEA”) and a DEA informant, as well as conspiracy to import cocaine into the United States. HUNTER, who was arrested in September 2013 along with co-defendants Timothy Vamvakias, Dennis Gogel, Slawomir Soborski, and Michael Filter following a long-term DEA undercover investigation, pled guilty today before U.S. District Judge Laura Taylor Swain.
Manhattan U.S. Attorney Preet Bharara said: “Joseph Hunter has now admitted that he conspired to murder a DEA agent and an informant, and provide security and surveillance for a Colombian cocaine trafficking organization. Hunter, a former U.S. Army officer, became a soldier of misfortune who recruited and led an international band of criminal mercenaries. This global gun for hire will now be confined stateside in federal prison.”
According to the Indictment filed against HUNTER, Vamvakias, Gogel, Soborski, and Filter, and statements made at public court proceedings, including today’s guilty plea:
All five defendants previously served in the armed forces of their respective nations. HUNTER served in the U.S. Army between approximately 1983 and 2004; Vamvakias served in the U.S. Army between approximately 1991 and 2004; Gogel served in the German armed forces until 2010; Filter served in the German armed forces until 2009; and Soborski served in the Polish armed forces until 2011. HUNTER served as a sniper instructor and a senior drill sergeant, training other soldiers in marksmanship and tactics. Vamvakias attained the rank of sergeant and served both as infantryman and a military police officer. Gogel, Soborski, and Filter were also trained as snipers.
In 2013, HUNTER recruited Vamvakias, Gogel, Soborski, and Filter to serve as security for a Colombian drug trafficking organization and to perform contract killings. During meetings in Asia, Africa, and the Caribbean that began in January 2013 and continued through late September 2013, HUNTER communicated with three confidential sources (the “CSs”) working with the DEA, who purported to be Colombian narcotics traffickers. HUNTER agreed to serve as the head of security for the CSs’ purported narcotics trafficking organization, and assembled a “security team” consisting of Vamvakias, Gogel, Filter, and Soborski. HUNTER also told the CSs that he had previously been involved in contract killings – referred to as “bonus jobs” – and that some team members wanted to do as much “bonus work” as possible.
HUNTER and his co-defendants thereafter agreed, in meetings and communications with the CSs, to provide security and surveillance services to the narcotics trafficking organization. In late March 2013, in Thailand, Gogel, Filter, and Soborski surveilled a vessel on behalf of the CSs’ purported narcotics trafficking organization and reported their activities to HUNTER. In April 2013, in Mauritius, at the direction of the CSs, Gogel, Filter, and Soborski provided security for a meeting at which the participants discussed the distribution of illegal narcotics to the United States. In late June 2013, Vamvakias, Gogel, Filter, and Soborski conducted surveillance of a purported U.S.-registered aircraft at the direction of the third CS (“CS-3”), who posed as a member of the CSs’ narcotics trafficking organization. CS-3 informed the defendants that the aircraft was to be loaded with 300 kilograms of cocaine to be shipped to New York. The security team reported their activities to HUNTER.
Furthermore, HUNTER, Vamvakias, and Gogel agreed to commit murder-for-hire in Liberia by assassinating both a Special Agent of the DEA and a person who, according to the CSs, was providing information to the DEA about the CSs’ narcotics trafficking organization. In exchange for the murders, Vamvakias and Gogel were together to be paid approximately $700,000, and HUNTER was to receive an additional $100,000 for supervising the hit team. Communications between the defendants and the CSs occurred by telephone, over e-mail, and in a series of surreptitiously audio-recorded and videotaped meetings over an approximately nine-month period.
In mid-May 2013, at a meeting with the CSs in Thailand, HUNTER, Vamvakias, Gogel, and Soborski were told that a “bonus job” – that is, a contract killing – was in the offing, due to a leak within the CSs’ narcotics trafficking organization. In late May 2013, in email communications, HUNTER confirmed that his team would be willing to murder both a U.S. law enforcement agent and a source (a boat captain), who was purportedly providing information to U.S. law enforcement authorities about the CSs’ narcotics trafficking organization. HUNTER confirmed by email that his team would kill both the DEA agent and the informant. At a meeting in late June 2013, CS-3 explained to Vamvakias and Gogel that “the job is to kill a U.S. DEA agent and a source with the DEA,” who would be located in Liberia. Vamvakias and Gogel discussed the weapons that could be used and masks to be worn for the murders, and Vamvakias stated that it would be better to “hit the agent first” and then “the snitch.” In early July 2013, HUNTER sent via e-mail a list of the items needed for the murders, including “[t]wo Submachine Guns with silencers . . . [t]wo .22 pistols with Silencers.”
In mid-August 2013, at a meeting in Thailand, HUNTER, VAMVAKIS, and Gogel discussed in detail the weapons that would be used and the possibility of entering Liberia without having their passports stamped. They suggested that CS-3 fly them out of the country via private plane following the murders. Vamvakias stated that among other weapons, a sub-machine gun and two .22 caliber pistols would be needed for the murders, and CS-3 agreed to deliver the weapons to Liberia. The next day, at a meeting with Gogel, CS-3 confirmed that an order for the requested weapons had been made. Later that same day, Gogel met again with CS-3 and provided CS-3 with two highly sophisticated latex facemasks, which can make the wearer appear to be of another race, for CS-3 to transport to Liberia.
In late September 2013, Vamvakias and Gogel arrived in Liberia to commit the planned murders-for-hire.
HUNTER, 49, pleaded guilty to one count of conspiring to import cocaine (Count One), one count of conspiring to murder a federal law enforcement agent and a person assisting a federal law enforcement agent (Count Two), and one count of conspiring to possess a firearm in furtherance of a crime of violence (Count Four). As a result of his guilty pleas, HUNTER faces a mandatory term of imprisonment of ten years and a maximum possible term of imprisonment of life. HUNTER is scheduled to be sentenced by Judge Swain on May 29, 2015. The penalties described here are prescribed by Congress and provided for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Vamvakias, 43, pleaded guilty to Counts One, Two, Four, and Five of the Indictment on January 9, 2015, and is scheduled to be sentenced by Judge Swain on April 30, 2015. Gogel, 29, pleaded guilty to Counts One, Two, Four, and Five of the Indictment on January 13, 2015, and is scheduled to be sentenced by Judge Swain on May 1, 2015. Soborski, 41, pleaded guilty to Count One of the Indictment on February 10, 2015, and is scheduled to be sentenced by Judge Swain on May, 29, 2015.
The remaining defendant, Filter, 30, is charged with conspiracy to import cocaine into the United States. Trial is scheduled to commence before Judge Swain on March 9, 2015. The charges against Filter are merely accusations and he is presumed innocent unless and until proven guilty.
The guilty pleas were the result of the close cooperative efforts of the United States Attorney’s Office for the Southern District of New York; DEA’s Special Operations Division; DEA’s Bangkok, Ghana, Pretoria, Bucharest, Manila, Nassau and Copenhagen Offices; the Royal Thai Police Narcotics Suppression Bureau and Crime Suppression Division; the Royal Thai Immigration; the Royal Thai Attorney General’s Office; Republic of Liberia’s National Security Agency; the Republic of Liberia’s Attorney General’s Office; the Estonian Police and Border Guard; the Estonian National Criminal Police, Investigative Bureau; the Estonian State Prosecutors Office; the Royal Bahamas Police Force and Drug Enforcement Unit; Interpol; and the U.S. Department of Justice’s Office of International Affairs.
This prosecution is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant United States Attorneys Michael Lockard, Anna Skotko, Aimee Hector, and Emil Bove are in charge of the prosecution.
Malone, New York - Man was Sentenced to Fourteen Years for his Conviction of Conspiracy to Distribute more than 1,000 Kilograms of MarijuanaRead the Press Release
PLATTSBURGH, NEW YORK – ALLEN PETERS, 43, of Malone, was sentenced yesterday to fourteen years in federal prison by United States District Court Judge Glenn T. Suddaby for his conviction of conspiracy to distribute more than 1,000 kilograms of marijuana, announced United States Attorney Richard S. Hartunian and James J. Hunt, Acting Special Agent in Charge of the Drug Enforcement Administration, New York Division (DEA). Additionally, the judge imposed six years of supervised release upon release from incarceration. Peters had faced a minimum of 10 years of incarceration for his conviction.
In January 2014, a jury convicted PETERS of conspiracy to possess with the intent to distribute more than 1,000 kilograms of marijuana. At trial, the government offered evidence that from at least 2005 to 2011, PETERS, and many others, smuggled thousands of pounds of marijuana into the United States and sent millions of dollars in drug proceeds back to Canada. They used property controlled by PETERS in Snye, Quebec, Canada on the Akwesasne Mohawk Indian Reservation as a staging area for the hockey bags of marijuana smuggled into the United States. The bags, which normally contained 100 to 200 pounds of marijuana, were then transported into the United States and distributed to cities across the Northeast.
"I would like to commend the various agencies from federal, tribal and local law enforcement agencies for their efforts in bringing this case to successful conclusion," said United States Attorney Richard S. Hartunian.
"The arrest, conviction and sentencing of Allan Peters exemplifies law enforcement’s commitment to enforcing the Controlled Substance Act," stated DEA Special Agent in Charge James J. Hunt. "I would like to commend the United States Attorney’s Office, Northern District of New York for their diligent work throughout this investigation, as well our law enforcement partners’ essential collaboration which led to today’s sentencing."
The investigation and prosecution of PETERS was the result of a joint investigation by the Drug Enforcement Administration (DEA), Homeland Security Investigations (HSI), the United States Border Patrol (USBP), Air and Marine Operations (AMO), the New York State Police, the St. Regis Mohawk Tribal Police Department (SRMTPD), the Akwesasne Mohawk Police Services (AMPS), and the District Attorneys of Franklin and Clinton Counties.
The case was prosecuted by Assista
MS-13 Members Sentenced for A Murder and ShootingRead the Press Release
ATLANTA – Miguel Guevara, Irvin Mejia Cruz, and Walter Aldana - members of the street gang known as Mara Salvatrucha 13, or MS-13 - have been sentenced for violent crimes they committed, including the murder of one man and the shootings of two others, one of whom was a 14-year-old boy.
“The gratuitous acts of violence these now-convicted gang members committed were intended to spread fear of their gang throughout the community,” said Acting United States Attorney John Horn. “Gangs like MS-13 have worked to establish a foothold in counties outside of Atlanta for years, and this case reveals the worst of the senseless violence that can arise from their activities—shooting at cars on the highway, or firing a gun into a group of middle school students playing basketball. This case also highlights the difficulties faced by youths who try to escape from the gang culture, as a murder occurred simply because a gang member wanted to drop out. Our strategy in cases like this is to decimate the entire gang structure, and eradicate the gang activity so that our citizens can go about their lives safely.”
“Violent criminal street gangs like MS-13 threaten everyone in our communities,” said Ryan L. Spradlin, acting special agent in charge of ICE Homeland Security Investigations in Atlanta. “These sentences, and the dozens of other convictions that resulted from this massive investigation, have made Atlanta neighborhoods safer places to live.”
J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office, stated: “The lengthy federal prison sentences handed down to these three violent members of MS-13, a Central American based gang known for its violence, will not only make our community safer but will send a message to other gang members that the FBI and its law enforcement partners will aggressively continue its efforts to disrupt and dismantle these organized crime groups such as MS-13.”
According to Acting United States Attorney Horn, the charges and other information presented in court: MS-13 is an international gang that has operated in the greater Atlanta, Ga, area since at least 2005. During the course of this investigation, which ended in 2010, more than 75 MS-13 members were arrested, charged, and/or deported. MS-13 members were organized into “cliques,” or groups, but they operated under the larger umbrella of MS-13. Each clique had a leader, often referred to as “the first word,” who conducted weekly meetings. At these meetings, members discussed their crimes against rival gang members and their plans to retaliate against rivals. The clique leaders collected dues from the gang members, which they used to buy guns and post bail for jailed gang members. Clique leaders often sent money back to MS-13 leaders in their home countries of El Salvador and Honduras, and clique leaders often reported back to MS-13 leaders in their home countries about MS-13 activities in the Atlanta area. The gang members staked out Gwinnett and DeKalb Counties as their home territory, where they committed murders, attempted murders, and armed robberies.
The evidence gathered during the investigation reflected that Miguel Guevara, a/k/a Blacky, was a member of MS-13 in 2006. He decided that he wanted to become less active in the gang and sought permission to “calm down” from the leader of his clique, Miguel Alvarado-Linares, a/k/a Joker. Alvarado-Linares discussed this with other members at a meeting of the clique on December 23, 2006. Everyone agreed that Guevara would have to shoot at a suspected rival gang member before he could become inactive. They went to the nightclub El Chaparral on Buford Highway, in DeKalb County, Ga., where they waited outside looking for suspected rival gang members.
In the early morning hours of December 24, 2006, they saw Celso Villalobos and Angel Gonzales walk out of the nightclub and drive away in a Toyota Corolla. As the Corolla pulled out of the parking lot, multiple MS-13 members began following it. The Corolla got onto I-85 and headed north. Guevara was in the passenger side of a Ford truck following the Corolla. The Ford truck pulled alongside the Corolla as it exited I-85 onto Highway 316 in Gwinnett County, Ga. At that moment, Guevara fired multiple shots. He hit the passenger, Angel Gonzales, in the head. He also struck the driver, Celso Villalobos, in the arm. Villalobos drove Gonzales to the Gwinnett County Medical Center, where he died of the gunshot wound to the head.
The evidence gathered during the investigation also showed that Irvin Mejia Cruz, a/k/a Triste, a/k/a Lil Triste, and Walter Aldana, a/k/a Goofy, belonged to the same clique of MS-13. On August 21, 2008, Mejia Cruz told Aldana that he would have to shoot someone if he wanted to earn more respect within the gang. Mejia Cruz then gave a gun to Aldana. Aldana left Mejia Cruz’s house and went a short distance where he saw a group of 13- and 14-year-olds gathered, some of whom were playing basketball. Aldana asked, “Who do you claim?” (that is, what gang do you belong to?). Without waiting for an answer, he started firing into the crowd and struck a 14-year-old boy in the back. Aldana then called out “Mara Salvatrucha” as he fled on foot. He returned the firearm to Mejia Cruz. The 14-year-old boy underwent surgery to have the bullet removed.
Miguel Guevara, a/k/a Blacky, 31, of Fort Walton Beach, Fla., has been sentenced to 30 years in prison to be followed by five years of supervised release. Guevara was convicted on these charges on Oct. 29, 2013, after he pleaded guilty.
Irvin Mejia Cruz, a/k/a Triste, a/k/a Lil Triste, 24, of Duluth, Ga., has been sentenced to nine years in prison to be followed by five years of supervised release. He was convicted on these charges on Oct. 21, 2013, after he pleaded guilty.
Walter Aldana, a/k/a Goofy, 24, of Norcross, Ga., has been sentenced to ten years in prison to be followed by five years of supervised release. Aldana was convicted of these charges on Oct. 21, 2013, after he pleaded guilty.
To date, 22 defendants have been convicted of RICO conspiracy for their participation in the violent activities of MS-13. 16 of the 22 defendants have already been sentenced. An additional 14 members of MS-13 were charged in separate indictments and have already been convicted and sentenced in federal court for their crimes as gang members.
This case was investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, Federal Bureau of Investigation, Gwinnett County Police Department, and DeKalb County Police Department.
Assistant United States Attorney Paul R. Jones and U.S. Department of Justice, Organized Crime and Gang Section, Trial Attorney Joseph K. Wheatley prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division is http://www.justice.gov/usao/gan/.
Lincoln Man Sentenced for Possession of MethamphetamineRead the Press Release
United States Attorney Deborah R. Gilg announced that United States District Judge John M. Gerrard sentenced Luis Velez, age 52, of Lincoln, Nebraska, to 156 months imprisonment, to be followed by a 5 year term of supervised release following his earlier guilty plea to possession of methamphetamine with intent to distribute.
In December of 2013, the Lincoln Police Department served a search warrant at 1979 South Street in Lincoln. During the search of the apartment, police found 65.99 grams of methamphetamine in Luis Velez’s bedroom. Also found during their search was $2,700 and a 9mm handgun. Velez’s roommate, Daniel Kuta, was sentenced in December to 235 months in prison after he pled guilty to conspiracy to distribute methamphetamine.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
Leaders of the Hendry Street and Woodward Avenue Gangs Plead Guilty to Drug Trafficking and Firearm ChargesRead the Press Release
BOSTON – Alexis Hidalgo and Jonathan DaSilva, the respective leaders of two Boston street gangs -- the Hendry Street Gang and the Woodward Avenue Gang -- pleaded guilty today to drug trafficking and firearm charges.
Hidalgo, 34, and DaSilva, 31, both of Boston, each pleaded guilty before U.S. District Court Judge Rya W. Zobel to conspiracy to distribute crack cocaine, cocaine, marijuana, and oxycodone, as well as firearm related charges. In January 2013, Hidalgo and DaSilva were two of 29 defendants charged with drug trafficking and firearm charges arising out of Operation Concord, a joint investigation conducted by the Federal Bureau of Investigation, Boston Police Department, Massachusetts State Police, and Homeland Security Investigations that focused on gang violence and drug dealing in the Henry Street and Woodward Avenue areas of Boston. During the course of Operation Concord, law enforcement officials seized approximately $400,000 in cash, guns, jewelry, gold and silver bars, and several luxury vehicles.
From August 2011 through January 2013, Hidalgo and DaSilva, the respective heads of the Hendry Street and Woodward Avenue gangs, ran a lucrative drug trafficking business distributing crack cocaine, cocaine, marijuana, and oxycodone which was in turn distributed in Boston, Brockton, and Maine.
Hidalgo and DaSilva operated their drug business out of two primary locations: a house at 37 Hendry Street in Boston and a house known as “the Trap” at 36 Woodward Avenue in Boston. Customers seeking crack and marijuana would go to 37 Hendry Street to purchase drugs from gang members who stored the drugs and cooked cocaine into crack in the second floor apartment. In August 2012, 37 Hendry Street was shut down by the City of Boston as a result of numerous neighborhood complaints of drug and gang activity.
“The Trap” at 36 Woodward Avenue, which was run by DaSilva, operated as a round-the-clock distribution center for crack, oxycodone, cocaine and marijuana. When 37 Hendry Street was shut down, Hidalgo transferred his crack business to 36 Woodward Avenue.
Hidalgo and DaSilva used gang members to distribute and store drugs, drug proceeds, and to carry out gang-related missions. For example, on Oct. 23, 2012, DaSilva directed gang member Patrick “Pistol” Gomes to obtain a firearm and go to Roxbury District Courthouse to assist a fellow gang member who was “trapped” by a rival gang member. Gomes asked DaSilva if he had a “greenlight” to shoot if necessary and DaSilva gave Gomes the go-ahead. Investigators had Gomes stopped in his rental car by the police outside of the Roxbury courthouse where officers seized a fully loaded Ruger P89 semiautomatic handgun from the glove box. On Feb. 4, 2015, Gomes pleaded guilty to conspiracy to distribute cocaine base and marijuana and being a felon in possession of a firearm and ammunition.
The charging statutes provide a sentence of no less than 10 years and up to a lifetime in prison, a minimum of five years and up to a lifetime of supervised release, and a fine of $10 million on the charge of conspiracy to distribute controlled substances; no greater than 20 years in prison, a minimum of three years and up to a lifetime of supervised release, and a fine of $10 million on the charges of distribution of controlled substances; no greater than 10 years in prison, a minimum of three years and up to a lifetime of supervised release, and a fine of $250,000 on the charge of being a felon in possession of a firearm. Pursuant to their respective plea agreements with the government, and pending acceptance by the district court at sentencing, Hidalgo has agreed to a sentence of 144-168 months in prison and DaSilva has agreed to a sentence of 120-168 months in prison. Both defendants also agreed to the forfeiture of cash, jewelry, and luxury vehicles.
United States Attorney Carmen M. Ortiz; Vincent B. Lisi, Special Agent in Charge of Federal Bureau of Investigation, Boston Field Division; Colonel Timothy P. Alben, Superintendent of the Massachusetts State Police; and Bruce M. Foucart, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement. The case was prosecuted by Assistant U.S. Attorney Emily Cummings of Ortiz’s Organized Crime and Gang Unit.
Leader of Salem Hells Angels Pleads Guilty to Federal Crimes in Connection with Brutal AssaultRead the Press Release
BOSTON – The leader of the Salem Chapter of the Hells Angels Motorcycle Club pleaded guilty today in U.S. District Court in Boston to criminal charges in connection with the assault and maiming of a former member of the Red Devils Motorcycle Club.
Sean Barr, 50, of Lynn, pleaded guilty before U.S. District Judge Nathaniel M. Gorton to conspiring to commit violent crimes in aid of racketeering, maiming in aid of racketeering, assault with a dangerous weapon in aid of racketeering, and assault resulting serious bodily injury in aid of racketeering. On Feb. 5, 2015, three co-defendants, Marc Eliason, 37, of Lynn; Robert DeFronzo, 47, of Saugus; and Brian Weymouth, 42, of Danvers, pleaded guilty to similar charges. Eliason and DeFronzo were members of the Salem Hells Angels and Weymouth was a member of the Red Devils. The Red Devils Motorcycle Club is a support club of the Hells Angels.
Barr, Eliason, DeFronzo and Weymouth were involved in luring the victim, who was targeted for failing to follow orders issued by the Salem Hells Angels, and assaulting the victim. The victim was targeted because he failed to assault a former member of the Salem Hells Angels, who had been “put out bad” from the Hells Angels. At the Byfield clubhouse, the victim was surrounded by the defendants and beaten. During the assault, Barr used a ballpeen hammer, a favored weapon of the Hells Angels, to maim the victim by breaking a number of bones in the victim’s hand. Eliason and Weymouth then stole the victim’s motorcycle.
The charging statutes provide a sentence of no greater than three years in prison, one year of supervised release, and a $250,000 fine on the charge of conspiring to commit violent crimes in aid of racketeering; 30 years in prison, five years of supervised release, and a $250,000 fine on the charge of maiming in aid of racketeering; 20 years in prison, three years of supervised release, and a $250,000 fine on the charge of assault with a dangerous weapon in aid of racketeering; and 20 years in prison, three years of supervised release, and a $250,000 fine on the charge of assault resulting in serious bodily injury in aid of racketeering. Pursuant to their respective plea agreements with the government, and pending acceptance by the district court at sentencing, Barr and Eliason have each agreed to sentences of 97 months in prison, and DeFronzo and Weymouth have each agreed to sentences of 57 months in prison.
United States Attorney Carmen M. Ortiz; Vincent B. Lisi, Special Agent in Charge of Federal Bureau of Investigation, Boston Field Division; and Colonel Timothy P. Alben, Superintendent of the Massachusetts State Police, made the announcement today. The case was prosecuted by Assistant U.S. Attorneys Emily Cummings and Michael Crowley of Ortiz’s Organized Crime and Gang Unit.
La Plant Man Indicted for Sexual AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a La Plant, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse and Sexual Abuse of a Minor.
Henry Louis Chase Alone, age 31, was indicted on January 21, 2015. He appeared before U.S. Magistrate Judge John E. Simko on February 4, 2015, and pled not guilty to the Indictment.
The penalty upon conviction is any term of years up to life imprisonment and/or a $250,000 fine, a mandatory minimum of 5 years up to lifetime supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment charges that in July 2000, at Manderson, Chase Alone sexually abused a girl under the age of 16.
The charges are merely accusations and Chase Alone is presumed innocent until and unless proven guilty.
The investigation was conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
Chase Alone was detained pending trial. A trial date has not been set.
KC Man Sentenced to 10 Years for Illegal Firearms Following Fatal CollisionRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., man was sentenced in federal court today for illegally possessing firearms, following a high-speed car chase that ended with a collision that killed an employee of the Kansas City Police Crime Laboratory.
Larneal D. Davis, 29, of Kansas City, was sentenced by U.S. District Judge Howard F. Sachs to 10 years in federal prison without parole.
On Aug. 12, 2014, Davis pleaded guilty to being a felon in possession of firearms. Davis admitted that he possessed two firearms in the vehicle he was driving on July 6, 2013. The two firearms – a Taurus .40-caliber semi-automatic pistol and a Ruger, .380-caliber semi-automatic pistol – were discovered in Davis’s wrecked vehicle following its collision with another vehicle at 65th Street and Troost in Kansas City.
Michael Chou, a crime scene technician at the Kansas City Police Crime Laboratory, was killed when his vehicle was broadsided by Davis’s vehicle while Davis was fleeing from Kansas City police officers. Davis was arrested a short distance from the accident scene after a brief pursuit on foot.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Davis has prior felony convictions for possession of crack cocaine with intent to distribute, carrying a firearm in connection with a drug offense and distribution of a controlled substance.
This case was prosecuted by Assistant U.S. Attorney D. Michael Green. It was investigated by the Kansas City, Mo., Police Department.