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27 March 2015
Former Florida Realtor Indicted on Conspiracy and Bank Fraud ChargesRead the Press Release
Tampa, Florida - United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Joseph Pasquale (38, Worcester, MA) with one count of mortgage fraud conspiracy involving bank fraud and two counts of bank fraud. He faces a maximum penalty of 30 years’ imprisonment for each count. The indictment also notifies Pasquale that the United States is seeking a money judgment for the proceeds of the mortgage fraud conspiracy.
According to the indictment and court proceedings, in 2005, entities controlled by co-conspirators entered into a contract to purchase The Arbors, an apartment complex in Hillsborough County. The new owners of The Arbors then engaged in a plan to convert the complex from rental apartment units to condominium units.
Pasquale’s co-conspirator, Brenden Bolger, aided the developers in the sale of numerous condominium units at The Arbors through his company, Capital Management Guarantee, LLC. In order to induce buyers to purchase units, Bolger created an addendum to the purchase contract that offered buyers various incentives such as rental supplements, money to defray maintenance costs, and a design credit to upgrade the unit’s amenities. When the buyers cancelled the design credit within 10 days of signing the addendum, Bolger paid a kickback for the amount of the design credit to the buyer from Capital Management’s bank account. In this manner, Bolger, Pasquale, and other co-conspirators failed to disclose to buyers’ mortgage lenders material facts about the financing of the sale of The Arbors condominium units.
Pasquale’s alleged role in the conspiracy consisted of marketing The Arbors units. He did so by promising buyers closing cash and undisclosed incentives, providing closing cash to borrowers who purchased units at The Arbors, facilitating the payment of kickbacks to his clients via Capital Management Guarantee, and facilitating the submission of false loan applications to FDIC insured financial institutions.
Bolger previously pleaded guilty for his role in this scheme. He is scheduled to be sentenced on June 22, 2015.
An indictment is merely a formal charge that a defendant has committed a violation of federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation and the Federal Housing Finance Agency, Office of Inspector General. It is being prosecuted by Special Assistant United States Attorney Chris Poor and Assistant United States Attorney Jay Hoffer.
Former Centreville Firefighter Sentenced on Firearm ChargeRead the Press Release
A former firefighter for the Church Road Fire Protection District in Centreville, Illinois, Derrick N. Henry, 45, of Alorton, Illinois, was sentenced on March 26, 2015, in United States District Court in East St. Louis to 37 months in federal prison, to be followed by 3 years of supervised release, a $500 fine, and a $100 special assessment, for being a felon in possession of a firearm, Stephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced today.
Henry pled guilty to possessing firearms while he was serving a state sentence of intensive probation resulting from a domestic violence conviction. Court documents revealed that on March 7, 2014, at approximately 7:00 AM, the St. Clair County Probation Department conducted a compliance check of high-risk probationers who were serving terms of intensive probation for state-court criminal violations. A St. Clair County probation officer was assigned to go to Henry’s home to verify whether Henry was complying with the terms of his intensive probation. The probation officer conducted a search of the residence and found five long guns (rifles and shotguns) in plain view leaning against the corner of the wall immediately adjacent to the door of a locked bedroom. Four of the weapons were unloaded, but one of the .22 caliber rifles was loaded with a magazine and had a live round in the chamber. Additional ammunition was found inside of the home. While Henry denied knowing that the guns were in the locked room, the key to the door was found inside of Henry’s pants pocket.
The investigation was conducted by a probation compliance task force including agents from the Illinois State Police, the Bureau of Alcohol, Tobacco, Firearms and Explosives, St. Clair County State’s Attorney, Marissa Police Department, Southwestern Illinois College Police Department, Southern Illinois University at Edwardsville Police Department, Millstadt Police Department, and the St. Clair County Probation Department. The case is being prosecuted by Assistant United States Attorneys Steven D. Weinhoeft and Michael Hallock.
Florida Man Sentenced for Mortgage Relief ScamRead the Press Release
Earlier today, Jonathan L. Herbert, 36, of Lighthouse Point, Florida, was sentenced to 140 months in federal prison for wire fraud, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced.
In commenting on today’s sentence, United States Attorney Wigginton stated: "The stiff sentence imposed by Judge Herndon is entirely appropriate. The fraud scheme conducted by this defendant was particularly heinous. Herbert stole money by taking advantage of our citizens’ trust in government. He labeled his fraudulent companies as ‘federal’ or ‘government’ related. He took money that his victims thought was being paid toward their mortgages. This crime caused severe financial hardship for the victims, and even caused a few of them to lose their homes. We hope that the long prison sentence Herbert received will cause other criminals to think twice before engaging in similar fraud schemes. As always, whether a person steals money by pointing a gun or does so with a pen and a crafty ruse, my office will continue to protect the good people of Southern Illinois and elsewhere."
"There is nothing more reprehensible than a con man viewing the financial crisis and a TARP foreclosure prevention scheme as an opportunity." said Christy Romero, Special Inspector General for TARP (SIGTARP). "TARP’s HAMP program was designed to help struggling homeowners avoid foreclosure, not to provide a list of victims. Herbert outright swindled 247 struggling homeowners out of more than $470,000 with false claims that he was affiliated with federal housing aid programs, including HAMP, and could modify homeowners’ mortgage loans in order to make their payments more affordable. Instead, Herbert set-up businesses with names including ‘Federal’ with sham mailing addresses located in Washington, D.C. (addresses which were really just UPS mailboxes); instructed homeowners to mail their ‘modified’ mortgage payments to him at the addresses; re-routed homeowners’ payments to himself in Florida; and pocketed the proceeds himself for personal expenses and to keep the scam operating. SIGTARP and our law enforcement partners will bring swift justice to perpetrators of criminal schemes that fraudulently exploit TARP’s housing programs."
In addition to the 140 month prison sentence, United States District Judge David R. Herndon also ordered Herbert to serve 5 years of supervised release following his release from prison, and ordered Herbert to pay restitution to the victims of his crime. Judge Herndon gave the parties additional time to calculate the exact amount owed in order that all losses would be the subjects of restitution.
Herbert conducted his fraud scheme from a strip mall office located in Fort Lauderdale, Florida. As part of his guilty plea, Herbert admitted that he usually contacted his victims through unsolicited telephone calls, introducing himself as a "federal loan officer" with the "Federal Debt Commission," "Federal Mortgage Marketplace," or "Federal Assistance Program." Herbert used these names and titles in order to deceive the victims into believing that his fraudulent program was either operated, or approved, by the federal government. Herbert told his victims that they qualified for a loan modification because of financial hardship or some type of illegal conduct engaged in by their lenders.
After the initial phone calls, Herbert mailed letters to the victims who expressed interest in his bogus loan modification programs. These letters congratulated the victims on their acceptance into the program, quoted a new monthly mortgage payment rate, and directed the victims to begin sending their monthly mortgage payments to one of two addresses located in Washington, D.C. The Washington, D.C., addresses were for mailboxes which Herbert had rented at UPS Stores. Pursuant to forwarding orders Herbert put in place with these UPS stores, the victims’ payments were forwarded to Herbert in Florida.
Herbert admitted that he did not apply any of the money he received from the victims to reduce their home loan debt. Instead, he used the money he received from the victims for his own personal expenses and to continue his fraudulent operation. In the plea agreement, Herbert acknowledged that the total of the losses sustained by the victims as a result of his fraud scheme is approximately $750,000.
One of Herbert’s victims resides in Troy, Illinois. The charges state that during a telephone call in September of 2013, Herbert falsely told this victim that the Federal Debt Commission had selected her to benefit from a new federal mortgage assistance program instituted by President Obama.
In July of last year, the Chicago Office of the Federal Trade Commission (FTC) took legal action to shut down Herbert’s business. The FTC has cooperated with, and provided substantial assistance to, the United States Attorney’s Office, the United States Postal Inspection Service (USPIS), and the Treasury Department’s Special Inspector for the Troubled Asset Relief Program (SIGTARP), who all coordinated in the investigation of this case.
This case was prosecuted by Assistant United States Attorney Scott A. Verseman.
Felon Sent to Prison for Selling Firearms to a Convicted FelonRead the Press Release
Donnie A. Sherrell, 22, of Granite City, Illinois, was sentenced today in the U.S. District Court for the Southern District of Illinois to 70 months in prison and 3 years of supervised release on two counts of Sale of a Weapon to a Convicted Felon and two counts of Possession of a Weapon by a Felon. Evidence showed that from May until August of 2014, Sherrell sold a total of four weapons to a convicted felon, including a 9mm semiautomatic handgun, a .38 caliber revolver, and two rifles. Sherrell, himself, is a convicted felon.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case was prosecuted by Assistant United States Attorney Laura Reppert.
Federal Court Sentences Defendant on Mail Fraud ChargeRead the Press Release
DAVENPORT, IA - On March 27, 2015, Johna Loreen Vandemore, also known as Johna Volger and Johna Ratliff, age 34, was sentenced by United States District Court Judge Stephanie M. Rose to 18 months in prison, after pleading guilty to one count of mail fraud, announced United States Attorney Nicholas A. Klinefeldt. Vandemore was also ordered to serve three years of supervised release following the imprisonment, and to pay $100 towards the Crime Victims Fund. Vandemore was also ordered to pay $95,850 in restitution to the victim.
In 2007, Vandemore was involved in a short-term relationship with the victim, after which she informed him she was pregnant. The victim agreed to provide financial support, however, Vandemore demanded a lump sum or she would take him to court for more. There was no child. The victim agreed to make monthly payments of $1,000 plus all child related monthly expenses. The victim requested a copy of a birth certificate, and Vandemore provided a falsified birth certificate from a non-existent hospital. In order to obtain additional funds from the victim, Vandemore provided a false medical bill purporting to reflect past treatment of the fictitious child. When the victim requested pictures, Vandemore solicited pictures of a family member’s daughter, and forwarded these pictures to the victim misrepresenting them to be her child with the victim. Although Vandemore lived in Maquoketa, she directed the victim to make payments to a post office box in Bettendorf, Iowa. When her husband discovered and questioned her receipt of monthly $1,000 checks, she told him the payments were residual compensation from prior sales made with Herbalife. From August 5, 2007 to October 1, 2013, Vandemore received over 90 separate payments from the victim for a total of $95,850.00.
This case was investigated by the Federal Bureau of Investigations and the Bettendorf, Iowa, Police Department. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Fake Movers Who Allegedly Stole Household Goods in Multiple Locations Are ArraignedRead the Press Release
ATLANTA - Tasheen Raphael Pickett and Shedrick Giles have been arraigned on federal charges arising from the theft of personal property that was entrusted to them as they held themselves out to be professional movers. Pickett and Giles were indicted by a federal grand jury on March 10, 2015.
“While acting as a professional movers, the defendants allegedly took innocent victims’ belongings—clothes, furniture, and other personal items—and simply never returned them,” said Acting U.S. Attorney John Horn.
“This action demonstrates the Department of Transportation’s commitment to combat those household goods movers who take advantage of customers by stealing their belongings or holding their goods hostage,” said Marlies T. Gonzalez, Department of Transportation Office of Inspector General Special Agent-in-Charge. “Working with our law enforcement colleagues across government and Federal Motor Carrier Safety Administration (FMCSA) officials, we will continue our efforts to ensure that movers adhere to Federal laws and regulations designed to protect the public.”
According to Acting U.S. Attorney Horn, the charges, and other information presented in court: Since November 2013, Pickett and Giles traveled the United States, acting as professional movers while picking up innocent victims’ personal property shipments and promising to deliver those shipments to agreed-upon locations. Instead of delivering the property, however, Pickett and Giles would allegedly take control of the property, keeping some of it for themselves.
After a criminal complaint was filed against Pickett in Amarillo, Texas, in July 2014, the Department of Transportation Office of Inspector General (DOT-OIG) was notified. In September 2014, DOT-OIG agents searched storage units at a Public Storage Facility in East Point, Georgia. There it was discovered that the units were stacked full with approximately 14 individuals’ personal property—property that had allegedly been taken by Pickett months prior and never delivered.
Other property allegedly taken by Giles was discovered in a second Public Storage Facility in Decatur, Georgia, in January 2015. Although both Pickett and Giles have worked as movers for the last several years, neither is authorized to transport household goods by the Federal Motor Carrier Safety Administration, the federal agency tasked with providing oversight over household goods movers.
Tasheen Raphael Pickett, 40, of College Park, Georgia, and Shedrick Giles, 43, of Brentwood, New York, were arraigned before Chief U.S. Magistrate Judge Janet F. King. Pickett was arraigned on March 11, 2015, and Giles was arraigned on March 18, 2015. They are charged with conspiracy, transportation of stolen property, and possession of stolen property.Members of the public are reminded that the indictment only contains charges. The defendants are presumed innocent of the charges and it will be the government’s burden to prove the defendants’ guilt beyond a reasonable doubt at trial.
This case is being investigated by the Department of Transportation – Office of Inspector General.
Assistant United States Attorney Samir Kaushal is prosecuting the case.
More than 5,800 household goods moving companies are registered with the FMCSA. In 2014, FMCSA received more than 2,800 consumer complaints about household goods movers, down from more than 3,100 in 2013. Among the most common complaints are shipments being held hostage, loss and damaged goods, delay of shipments, unauthorized movers, and deceptive practices such as unwarranted overcharges. Consumers can report unsafe and unlawful moving companies by calling FMCSA’s nationwide complaint hotline at 1-888-368-7238 (1-888 DOT-SAFT) or by visiting the database at http://nccdb.fmcsa.dot.gov. Consumers can visit www.protectyourmove.gov to find out more about the “red flags” of moving fraud.
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/.
East St. Louis Man Pleads Guilty to "Crack" DistributionRead the Press Release
Willie J. Butler, 34, from East St. Louis, Illinois, pled guilty on March 27, 2015, in federal district court, in East St. Louis, Illinois, to one count of "crack" cocaine distribution, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today.
Butler is scheduled for sentencing on July 17, 2015, at 10 a.m., where he faces a prison term of up to 20 years, a fine of up to $1,000,000 or both, as well as a minimum of 3 years of supervised release and a $100 special assessment. Court proceedings revealed that Butler admitted to selling approximately .75 grams of cocaine base in the form of "crack" on January 10, 2014, to an undercover officer in East St. Louis, Illinois.
This case was investigated by the Metropolitan Enforcement of Southwestern Illinois (MEGSI) and is being prosecuted by Assistant United States Attorney Daniel T. Kapsak.
East Bay Finance Manager Charged in Wire Fraud and Tax Evasion SchemeRead the Press Release
OAKLAND – A federal grand jury in Oakland indicted Scott Thomas Hatanaka yesterday with wire fraud and tax evasion announced United States Attorney Melinda Haag; Federal Bureau of Investigation, Special Agent in Charge David Johnson; and Internal Revenue Service Criminal Investigation, Special Agent in Charge José M. Martinez.
According to the indictment, Hatanaka, is alleged to have carried out a scheme to embezzle money from his employer, Foster Wheeler Martinez, Inc. (“FWM”). FWM operated a natural gas combined cycle cogeneration facility which produced electrical power using a natural gas turbine while simultaneously converting excess heat into additional electrical power. The indictment alleges that while working as FWM’s finance manager, Hatanaka drafted company checks made payable to himself and to his personal credit card company. In order to conceal his thefts, Hatanaka forged signatures on the checks and entered false ledger entries into the company’s accounting system, among other things.
Hatanaka is scheduled to make his initial appearance in federal court in Oakland on April 8, 2015 at 9:30 a.m. before U.S. Magistrate Judge Donna M. Ryu. Hatanaka’s next scheduled appearance will be set before the Honorable Jeffery S. White, U.S. District Court Judge.
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, the maximum statutory penalty for each count of wire fraud in violation of 18 U.S.C § 1343 is 20 years in prison and a fine of $250,000. The maximum statutory penalty for each count of tax evasion in violation of 26 U.S.C § 7201 is 6 years in prison and a fine of $250,000. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C § 3553.
Wade M. Rhyne is the Assistant U.S. Attorney who is prosecuting the case with the assistance of Janice Pagsanjan and Noble Hughes. The prosecution is the result of a year-long investigation by the Federal Bureau of Investigation and the Internal Revenue Service Criminal Investigation.
Eagle Butte Man Sentenced for Assault by Striking, Beating, and WoundingRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Assault by Striking, Beating, and Wounding was sentenced on March 23, 2015, by U.S. Magistrate Judge Roberto A. Lange.
Joshua Heideman, age 21, was sentenced to 2 years of probation, and a $25 special assessment to the Federal Crime Victims Fund.
Heideman 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 Assault by Striking, Beating, and Wounding on January 26, 2015.
The conviction arose from a July 2014 incident in Eagle Butte, in which Heideman assaulted a victim by striking, beating, and wounding him.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Decatur Drug Dealers Who Robbed Letter Carriers at Gunpoint Sentenced to Federal PrisonRead the Press Release
ATLANTA – William Wilkins and Michael Fairnot-Woods have been sentenced to 18 years and 15 years in federal prison, respectively, for their roles in an armed robbery spree that targeted U.S. Postal Service letters carriers in Decatur and Lithonia, Georgia. The robberies were part of a scheme to steal a rival drug dealer’s marijuana that was being shipped illegally through the mail. The conspirators also sought to steal financial documents and blank checks that were then used for bank fraud and identity theft.
“Postal workers perform an important public service and should not have their lives jeopardized simply for doing their jobs,” said Acting U.S. Attorney John Horn. “The fact that they were targeted in broad daylight while delivering mail in quiet residential neighborhoods is one more indication of the disregard those in the illegal drug trade have for other people’s lives.”
“The U.S. Postal Inspection Service is pleased with today's sentence. A large part of the Postal Inspection Service mission is assuring the safety of postal employees and we want them to have confidence that they can focus on their duties. These types of crimes against postal employees are rare, but when they do occur, they become top priority for us.” said Tom Noyes, Postal Inspector in Charge of the Charlotte Division –Atlanta Field Office.
According to Acting U.S. Attorney Horn, the charges, and other information presented in court: On August 18, 2012, in a residential area in Decatur, Georgia, William Wilkins and Michael Fairnot-Woods approached a U.S. Postal Service letter carrier, “K.W,” pointed a military-style assault rifle at her, and stole a package that she was in the process of delivering. The package contained marijuana shipped illegally by a rival drug dealer. Wilkins and Woods fled the area in a pick-up truck.
On November 20, 2012, at another residence in Decatur, Wilkins approached a letter carrier, “A.J.,” pointed a handgun at her, and stole several packages and a tray of mail from her postal vehicle. Wilkins fled the area in a car driven by Fairnot-Woods. Several blank checks stolen during this robbery were later altered and deposited fraudulently by a co-conspirator, Joshua Ellis.
On November 23, 2012, at a residence in Lithonia, Georgia, Wilkins approached a letter carrier, “D.C.,” pointed a silver handgun at him, and demanded the keys to his postal truck. D.C. resisted, and Wilkins then fled the scene empty-handed with Woods, who was waiting in a car nearby.
On January 24, 2013, in a residential area in Decatur, Wilkins approached a letter carrier, “C.C.,” pointed a handgun at him, and directed him to open the back door of his postal vehicle. Wilkins jumped into the truck and began rifling through various packages until he located the particular package containing marijuana that he was looking for. Wilkins fled the scene with the package in a car driven by Woods. After receiving a tip about 30 minutes later, DeKalb County Police stopped the car Wilkins and Woods were traveling in and located the stolen marijuana package, the firearm used during the robbery, and other evidence linking the defendants to this crime. An investigation by federal agents later connected Wilkins and Woods to the earlier robberies and attempted robbery described above.
William James Wilkins, 28, of Decatur, Georgia, pleaded guilty to two counts of armed postal robbery, one count of brandishing a firearm during a crime of violence, and one count of possessing marijuana with the intent to distribute it. Wilkins was sentenced to 18 years in prison on March 24, 2015, to be followed by five years of supervised release. He was also ordered to pay restitution in the amount of $2,895.37.
Michael Anthony Fairnot-Woods, 27, of Decatur, Georgia, pleaded guilty to two counts of armed postal robbery, one count of brandishing a firearm during a crime of violence, one count of possessing marijuana with the intent to distribute it, and one count of illegally possessing a firearm after receiving a felony conviction. Fairnot-Woods was sentenced to 15 years in prison on March 27, 2015, to be followed by five years of supervised release. He was also ordered to pay restitution in the amount of $2,895.37.
Joshua Ellis, 22, of Decatur, Ga., pleaded guilty to one count of bank fraud and one count of possessing stolen mail. Ellis was sentenced to three years on probation on March 27, 2015. He was also ordered to pay restitution in the amount of $2,895.37.
This case was investigated by the United States Postal Inspection Service and the DeKalb County Police Department.
Assistant United States Attorneys John S. Ghose, Katherine M. Hoffer, and Mary F. Kruger 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/.
Cleveland man pleads guilty to violating the Clean Air Act after storing garbage at old factoryRead the Press Release
A Cleveland man pleaded guilty in federal court to fraud, money laundering and violating the Clean Air Act by failing to remove asbestos prior to demolishing a former factory in Cleveland, law enforcement officials said.
Christopher Gattarello, 51, admitted to defrauding a Louisiana company out of nearly $1.2 million. He is scheduled to be sentenced June 19.
“Our neighborhoods are not garbage dumps,” said Steven Dettelbach, U.S. Attorney for the Northern District of Ohio. “Mr. Gattarello’s actions show his total disdain for the law and for the people who live near the factory. He will be held accountable for his actions.”
"This defendant had total disregard for the environment and cared only about his own illicit financial gain," said Steven D. Anthony, Special Agent in Charge of the FBI's Cleveland office.
"Exposure to asbestos endangers human health and can prove fatal,” said Randall Ashe, Special Agent in Charge of EPA’s criminal enforcement program in Ohio. “As a result of the defendant’s actions, debris containing asbestos fibers piled up outside and was exposed to the elements, threatening dozens of nearby businesses and homes. Today’s guilty plea demonstrates that EPA and its partner agencies are prepared to prosecute those who 'cut corners' by avoiding the costs of handling asbestos safely and legally.”
“This was one of the most egregious examples of open dumping of solid waste ever seen in the state of Ohio; these actions will not be tolerated,” said Ohio EPA Director Craig W. Butler. “I would like to commend all those involved in this case from the Northeast Ohio Environmental Crimes Task Force which includes Ohio EPA’s Special Investigations Unit, along with the invaluable efforts of local, state and federal criminal investigatory and prosecutorial agencies.”
“IRS-Criminal Investigation is committed to unravelling complex financial schemes and following the money to ensure those who profit from crime are held accountable,” said Kathy Enstrom, Special Agent in Charge, Internal Revenue Service – Criminal Investigations.
According to court documents:
Gattarello owned and controlled several municipal garbage-hauling businesses in greater Cleveland, including Reach Out Disposal, All Points Rubbish Disposal and Axelrod Rubbish Recycling. In June 2011, Gattarello, on behalf of All Points, leased the former National Acme facility at 170 East 131st Street in Cleveland. The 570,000 square-foot facility was built in 1917 and was used for manufacturing for nearly a century. It is located near many homes and a school. Gattarello represented to the lessor that paper and cardboard waste would be recycled at the facility.
In July 2011, a company estimated removing asbestos from the facility would cost $1.5 million.
Around August 2011, Gattarello directed paper and cardboard waste, as well as municipal garbage, be delivered to the facility for recycling. Over the next several months, more garbage, paper and cardboard were delivered than could be handled, and Gattarello had the waste moved inside. By April 2012, most of the facility was filled with garbage.
In May 2012, Gattarello, on behalf of Reach Out, entered into a contract to purchase the facility. Gattarello intended to demolish the facility and sell any metal removed as scrap.
In July 2012, company officials submitted a notice of demolition with the Cleveland Division of Air Quality stating there was no asbestos in the National Acme facility. About 10 days later, the CDAQ rejected the notice because it was incomplete and stated demolition “may not begin” until a proper notice was submitted and approved. About 10 days after that, on July 21, 2012, Gattarello directed the demolition to begin.
Asbestos fibers were released into the environment during demolition. Debris accumulated outside the facility from demolition and asbestos in the piles were exposed to the wind and elements.
Additionally, Gattarello pleaded guilty to one count each of conspiracy to commit wire fraud and money laundering.
AIM Business Capital LLC is a financial company based in Louisiana that specializes in “factoring” – a practice in which AIM purchases accounts receivable, such as invoices billed to customers for goods and services. Businesses that factored their receivables with AIM received immediate cash. AIM, like other factoring companies, purchase the receivables at a percentage discount of the invoice. AIM made a profit by collecting the full amount of the invoice from the business’s customers, according to court documents.
In 2011 and 2012, Robert Shaw, on behalf of Reach Out and Axelrod, entered into contracts with AIM for the purchase of receivables from Reach Out and Axelrod. Gattarello directed the creation of false and fraudulent invoices for the companies and directed that they be submitted to AIM. In some cases, Gattarello and Shaw directed other employees to create false letters attesting to the validity of the invoices, which Shaw forwarded to AIM. The loss to AIM was nearly $1.2 million, according to court documents.
Shaw’s case is pending.
The case is being prosecuted by Assistant United States Attorneys Brad Beeson and James V. Moroney following an investigation by the FBI, the U.S. and Ohio Environmental Protection Agencies, the Ohio Bureau of Criminal Investigation and the Internal Revenue Service.
Cambodian National Indicted for Violations of the Federal Gun Control ActRead the Press Release
U.S. Attorney Kenneth A. Polite announced that CHHAY LIM, age 44, a citizen of Cambodia, was charged today in a two-count Indictment for violations of the Federal Gun Control Act.
According to the Indictment, on or about March 2, 2015, LIM, an alien present illegally in the United States, was found in possession of a TriStar 9mm semi-automatic pistol and a Marlin Model 6082 .22 caliber rifle.
If convicted of these charges, LIM faces a maximum term of imprisonment of ten years, a fine of $250,000, three years supervised release after imprisonment, and a $100 special assessment.
U.S. Attorney Polite praised the work of the Homeland Security Investigations of the U.S. Department of Homeland Security, in investigating this matter. Assistant United States Attorney Spiro G. Latsis is in charge of the prosecution.
Cambodian National Indicted for Violations of the Federal Gun Control ActRead the Press Release
U.S. Attorney Kenneth A. Polite announced that CHHAY LIM, age 44, a citizen of Cambodia, was charged today in a two-count Indictment for violations of the Federal Gun Control Act.
According to the Indictment, on or about March 2, 2015, LIM, an alien present illegally in the United States, was found in possession of a TriStar 9mm semi-automatic pistol and a Marlin Model 6082 .22 caliber rifle.
If convicted of these charges, LIM faces a maximum term of imprisonment of ten years, a fine of $250,000, three years supervised release after imprisonment, and a $100 special assessment.
U.S. Attorney Polite praised the work of the Homeland Security Investigations of the U.S. Department of Homeland Security, in investigating this matter. Assistant United States Attorney Spiro G. Latsis is in charge of the prosecution.
California Man Sentenced for his Part in Methamphetamine Conspiracy and Firearm ChargesRead the Press Release
A California man, previously convicted by a jury in the Southern District of Illinois of Conspiracy to Distribute and Possess with Intent to DistributeMethamphetamine, Possession with Intent to Distribute Methamphetamine, and Possession of a Firearm in Furtherance of a Drug Trafficking Crime, was sentenced to 420 months in federal prison on March 27, 2015, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today. Willie Gonzalez, 31, of Los Angeles, California, received a 360 month sentence on the drug convictions, and a 60 month sentence on the firearm offense, to run consecutively, for a total of a 420 month sentence (35 years). Following release from imprisonment, Gonzalez will serve a 5 year term of supervised release. Gonzalez was also ordered to pay a $750 fine, a $300 special assessment, and forfeited his interest in two firearms.
Evidence in support of this prosecution was obtained in an investigation which was conducted under the auspices of the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF initiative is designed to bring federal, state, and local law enforcement agencies and resources together to identify, target and dismantle large national and international drug trafficking organizations. Agencies participating in this case include the Drug Enforcement Administration, Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Internal Revenue Service, Criminal Investigations, and United States Marshal Service. This case was prosecuted by Assistant United States Attorney Donald S. Boyce.
California Man Arrested on Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Efrain Sanchez Jr., 26, of San Bernardino, Calif., made his initial appearance this morning in federal court in Albuquerque, N.M., on a criminal complaint charging him with possession of methamphetamine with intent to distribute. Sanchez remains in federal custody pending a preliminary hearing and a detention hearing which are scheduled for March 30, 2015.
Sanchez was arrested yesterday after DEA agents allegedly seized approximately 11.22 pounds of methamphetamine from his baggage during a consensual search at the Greyhound Bus Station in Albuquerque.
If convicted on the charge in the criminal complaint, Sanchez faces a statutory maximum penalty of not less than ten years and not more than life in prison. Charges in criminal complaints are merely accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Interdiction Unit of the DEA’s Albuquerque office which focuses on disrupting the flow of narcotics, weapons, and the proceeds of illegal activities as they are smuggled into or through New Mexico in passenger buses, passenger trains, commercial vehicles and automobiles. Assistant U.S. Attorney David M. Walsh is prosecuting the case.
CEO and Managing Director of US Broker-Dealer Sentenced for International Bribery SchemeRead the Press Release
The former chief executive officer and former managing director of a U.S. broker-dealer (the Broker-Dealer), were sentenced to prison today for their roles in a scheme to pay bribes to a senior official in Venezuela’s state economic development bank, Banco de Desarrollo Económico y Social de Venezuela (Bandes), in return for trading business that generated more than $60 million in commissions.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney Preet Bharara of the Southern District of New York made the announcement. The sentences were imposed by U.S. District Judge Denise L. Cote of the Southern District of New York.
Benito Chinea, 48, of Manalapan, New Jersey, and Joseph DeMeneses, 45, of Fairfield, Connecticut, were each sentenced to four years in prison. They were also ordered to pay $3,636,432 and $2,670,612 in forfeiture, respectively, which amounts represent their earnings from the bribery scheme. On Dec. 17, 2014, both defendants pleaded guilty to one count of conspiracy to violate the Foreign Corrupt Practices Act and the Travel Act.
“These Wall Street executives orchestrated a massive bribery scheme with a corrupt official in Venezuela to illegally secure tens of millions of dollars in business for their firm,” said Assistant Attorney General Caldwell. “The convictions and prison sentences of the CEO and Managing Director of a sophisticated Wall Street broker-dealer demonstrate that the Department of Justice will hold individuals accountable for violations of the FCPA and will pursue executives no matter where they are on the corporate ladder.”
“Benito Chinea and Joseph DeMeneses paid bribes to an officer of a state-run development bank in exchange for lucrative business she steered to their firm,” said U.S. Attorney Bharara. “Chinea and DeMeneses profited for a time from the corrupt arrangement, but that profit has turned into prison and now they must forfeit their millions of dollars in ill-gotten gains as well as their liberty.”
Chinea, the chief executive officer, and DeMeneses, a managing director in the Broker-Dealer, admitted that they worked with others, to arrange bribe payments to the Bandes official, Maria De Los Angeles Gonzalez, in exchange for her directing Bandes’s financial trading business to the Broker-Dealer. Previously, Gonzalez, along with two employees of the Broker-Dealer, Tomas Alberto Clarke Bethancourt (Clarke) and Jose Alejandro Hurtado (Hurtado), pleaded guilty for their involvement in this bribery scheme. A managing director of the Broker-Dealer, Ernesto Lujan, also pleaded guilty for his role in the scheme.
Background on the Broker-Dealer and Bandes
According to court documents, and as admitted by Chinea and DeMeneses at their guilty pleas, the Broker-Dealer, which was headquartered in New York City and had offices in Miami, established a group called the Global Markets Group in 2008, which included DeMeneses, Lujan and Clarke, and which offered fixed income trading services to institutional clients. One of the Broker-Dealer’s clients was Bandes, which operated under the direction of the Venezuelan Ministry of Finance. The Venezuelan government had a majority ownership interest in Bandes and provided it with substantial funding. Gonzalez was an official at Bandes and oversaw the development bank’s overseas trading activity. At her direction, Bandes conducted substantial trading through the Broker-Dealer. Most of the trades executed by the Broker-Dealer on behalf of Bandes involved fixed income investments for which the Broker-Dealer charged Bandes a mark-up on purchases and a mark-down on sales.
The Bribery Scheme
As alleged in court documents, Chinea and DeMeneses, together with three Miami-based Broker-Dealer employees, Lujan, Clarke and Hurtado, participated in a bribery scheme that ran from late 2008 through 2012, in which Gonzalez directed trading business to the Broker-Dealer, and in return, agents and employees of the Broker-Dealer split the revenue the Broker-Dealer generated from this trading business with Gonzalez. During this time period, the Broker-Dealer generated over $60 million in commissions from trades with Bandes.
As further alleged in court documents, in order to conceal the scheme, payments to Gonzalez, frequently in six-figure amounts, were routed through third-parties posing as “foreign finders” and into offshore bank accounts. In several instances, Chinea personally signed checks worth millions of dollars that were made payable to one of these purported “foreign finders” and later deposited in a Swiss bank account. Chinea and DeMeneses admitted that they agreed to use Broker-Dealer funds to reimburse DeMeneses and Clarke for the approximately $1.5 million from their personal funds they used to bribe Gonzalez. To conceal their true nature, Chinea and DeMeneses agreed to hide these reimbursements in the Broker-Dealer’s books as sham loans from the Broker-Dealer to DeMeneses and Clarke.
This case is being investigated by the FBI, and prosecuted by Senior Deputy Chief James Koukios and Trial Attorney Kevin R. Gingras of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Harry A. Chernoff and Jason H. Cowley of the Southern District of New York. Assistant U.S. Attorney Carolina Fornos of the Southern District of New York is responsible for the forfeiture aspects of the case. The U.S. Securities and Exchange Commission also assisted with this investigation.
Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
CEO and Managing Director of U.S. Broker-Dealer Each Sentenced to Four Years in Prison for Scheme to Bribe A Venezuelan Foreign OfficialRead the Press Release
PREET BHARARA, the United States Attorney for the Southern District of New York, and LESLIE R. CALDWELL, the Assistant Attorney General for the Criminal Division of the United States Department of Justice, announced that BENITO CHINEA and JOSEPH DEMENESES , the former Chief Executive Officer and former Managing Director, respectively, of a United States broker-dealer (the “Broker-Dealer”), were each sentenced to four years in prison today for carrying out a scheme to pay bribes to Maria De Los Angeles Gonzalez De Hernandez (“Gonzalez”), who was a senior official in Venezuela’s state economic development bank, Banco de Desarrollo Económico y Social de Venezuela (“BANDES”). CHINEA and DEMENESES, working with others, arranged the bribe payments to Gonzalez in exchange for her directing BANDES’s financial trading business to the Broker-Dealer. CHINEA and DEMENESES each had previously pled guilty to conspiring to violate the Foreign Corrupt Practices Act and the Travel Act. They were sentenced today by U.S. District Judge Denise Cote.
Previously, on May 3, 2013, Gonzalez, along with two employees of the Broker-Dealer, Tomas Alberto Clarke Bethancourt (“Clarke”) and Jose Alejandro Hurtado (“Hurtado”) were arrested on charges relating to this bribery scheme. On June 12, 2013, a managing director of the Broker-Dealer, Ernesto Lujan (“Lujan”), was arrested on related charges as well. Each of these four defendants has since entered guilty pleas.
Manhattan U.S. Attorney Preet Bharara said: “Benito Chinea and Joseph DeMeneses paid bribes to an officer of a state-run development bank in exchange for lucrative business she steered to their firm. Chinea and DeMeneses profited for a time from the corrupt arrangement, but that profit has turned into prison and now they must forfeit their millions of dollars in ill-gotten gains as well as their liberty.”
Assistant Attorney General Leslie R. Caldwell said: “These Wall Street executives orchestrated a massive bribery scheme with a corrupt official in Venezuela to illegally secure tens of millions of dollars in business for their firm. The convictions and prison sentences of the CEO and Managing Director of a sophisticated Wall Street broker-dealer demonstrate that the Department of Justice will hold individuals accountable for violations of the FCPA and will pursue executives no matter where they are on the corporate ladder.”
According to the allegations in the Indictment, the defendants’ pleas, and other documents previously filed in Manhattan federal court:
Background on the Broker-Dealer and BANDES
At all times relevant to the charges, CHINEA was the chief executive officer and DEMENESES was a managing director in the Broker Dealer, which was headquartered in New York, with offices in Miami, Florida. In 2008, the Broker-Dealer established a group called the Global Markets Group, which included DEMENESES, Lujan, and Clarke, and which offered fixed income trading services to institutional clients. One of the Broker-Dealer’s clients was BANDES, which operated under the direction of the Venezuelan Ministry of Finance. The Venezuelan government had a majority ownership interest in BANDES and provided it with substantial funding. Gonzalez was an official at BANDES and oversaw the development bank’s overseas trading activity. At her direction, BANDES conducted substantial trading through the Broker-Dealer. Most of the trades executed by the Broker-Dealer on behalf of BANDES involved fixed income investments for which the Broker-Dealer charged BANDES a mark-up on purchases and a mark-down on sales.
The Bribery Scheme
From at least late 2008 through at least 2012, CHINEA and DEMENESES, along with Lujan, Clarke, Hurtado, and Gonzalez, participated in a bribery scheme in which Gonzalez directed trading business she controlled at BANDES to the Broker-Dealer, and in return, agents and employees of the Broker-Dealer, including CHINEA and DEMENESES, split the revenue the Broker-Dealer generated from this trading business with Gonzalez. During this time period, the Broker-Dealer generated over $60 million in mark-ups and mark-downs from trades with BANDES. Agents and employees of the Broker-Dealer, including CHINEA, DEMENESES, Lujan, Clarke, and Hurtado, devised a split with Gonzalez of the commissions paid by BANDES to the Broker-Dealer.
To further conceal the scheme, the kickbacks to Gonzalez were often paid using intermediary corporations and offshore accounts that she held in Switzerland, among other places. For example, DEMENESES, Lujan, and Clarke used an account in Switzerland to transfer at least $1.5 million to an account Gonzalez controlled in Switzerland. In addition to Gonzalez receiving the bribe payments, other participants in the scheme, including CHINEA and DEMENESES, also received millions in proceeds generated from the scheme.
In addition to the prison terms, Judge Cote sentenced CHINEA, 48, who resides in Manalapan, New Jersey, and DEMENESES, 45, who resides in Fairfield, Connecticut, to three years of supervised release each. CHINEA was ordered to forfeit $3,636,432 and DEMENESES was ordered to forfeit $2,670,612. Each defendant was also ordered to pay a $40,000 fine and a $100 special assessment fee.
Mr. Bharara praised DOJ’s Criminal Division and the Federal Bureau of Investigation for their work in the investigation. He also thanked the Securities and Exchange Commission for its assistance in this case.
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 United States Attorneys Harry A. Chernoff and Jason H. Cowley, and Fraud Section Deputy Chief James Koukios and Trial Attorney Kevin Gingras, are in charge of the prosecution.
Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
Buffalo Man Arrested in Texas for Cocaine ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned an indictment charging Archie Phillips, 43, most recently of Houston, TX, but originally of Buffalo, NY, with conspiracy to distribute five kilograms or more of cocaine. The charge carries a maximum penalty of life in prison.Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that according to the indictment, between early 2012 and April 3, 2013, Phillips conspired with Beverly Fields and others to distribute, and possess with intent to distribute, cocaine in Western New York. Fields is also charged with conspiracy.
Phillips was arrested on March 26, 2015 in Houston. He will be returned to Buffalo for a detention hearing on April, 6, 2015 at 10:00 a.m.
The defendant was convicted on a previous federal drug charge and sentenced to 51 months in prison in May 2002.
The indictment and arrest are the result of an investigation by Special Agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division; the Federal Bureau of Investigation; and the United States Marshals Service, under the direction of Charles Salina.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Arlington Woman in Custody and Charged with Bank RobberyRead the Press Release
FORT WORTH, Texas — An Arlington, Texas, woman, whom the FBI believes is the “Black Hoodie Bandit,” and responsible for a number of bank robberies in several Dallas/Fort Worth (DFW) metroplex cities since November 2014, has been arrested and charged in a federal criminal complaint with bank robbery. John Parker, Acting U.S. Attorney for the Northern District of Texas, and Thomas M. Class, Sr., Special Agent in Charge of FBI Dallas, made today’s announcement.
Dana Campbell, 37, was arrested on Monday, March 23, 2015, following a traffic stop by an officer with the Arlington Police Department who had determined she was wanted for several misdemeanor traffic warrants. A black jacket with a plaid lined hood was lying on the front passenger seat of her vehicle. A handwritten note that read, “This is a robbery. I don’t want to hurt anyone” was in one of the jacket’s pockets. Pursuant to a search warrant, detectives found dark sunglasses, black gloves, a black beanie hat with brim and a black leather purse with metal studs, and a note that read, “This is a robbery.” Officers also located a ledger in her vehicle with the dates and addresses of various banks in the DFW area that had been robbed within the past four months. All of the dates in the ledger correspond to actual bank robberies that occurred in the DFW area.
The “Black Hoodie Bandit” had been a suspect in 10 separate robberies, nine of which were at First Convenience Banks (FCB) and one at a Woodforest National Bank. At every robbery, she was described as a black female, short in stature and weighing approximately 150 lbs. In each robbery, she wore dark sunglasses, black gloves, back legging and white tennis shoes. She wore at least three different hooded jackets, two of which were black and the other gray. She always carried a purse and in one robbery, that purse was described as black with metal decorative studs on the outside.
FCB had placed posters with photos from the various robberies at the entrances of all their branches, and all FCB employees were on alert for a potential robbery.
On March 10, 2015, at approximately 1:30 p.m., a teller at the FCB inside the Kroger located at 2475 Ascension Blvd. in Arlington, noted the woman, later identified as Campbell, approach another teller station. The teller noted the woman was wearing a beanie cap, dark sunglasses, a black hooded jacket and black gloves. This teller’s customer looked at the robber, and then over to one of the large posters, and said, “Are you the one who has been robbing all the banks?” Before leaving the bank rapidly, the customer warned the tellers that they were about to be robbed. The robber then told one of the tellers to “give me all the money” and “hurry up.” The robber was given money from a cash drawer; she took it and fled the bank.
On March 23, 2015, at approximately 11:00 a.m., a woman matching the description of the “Black Hoodie Bandit” entered the Kroger store at 2210 S. Fielder Road in Arlington, where an FCB branch was located. Two FCB employees standing near the entrance greeting customers saw the woman and recognized her as the robber. The woman hurriedly walked past them, down an aisle and out of the store. Observers saw her walk to a gray sedan and drive away. Officers with the Arlington Police Department were able to stop the car, and Campbell was identified as the driver.
Campbell made her initial appearance in federal court in Fort Worth this morning before U.S. Magistrate Jeffrey L. Cureton. She will remain in federal custody pending a preliminary and detention hearing set for April 1, 2015.
A federal complaint is a written statement of the essential facts of the offenses charged, and must be made under oath before a magistrate judge. A defendant is entitled to the presumption of innocence until proven guilty. If convicted of this offense, however, Campbell faces a maximum statutory penalty of 20 years in federal prison and a $250,000 fine. The U.S. Attorney’s office has 30 days to present the matter to a grand jury for indictment.
The FBI and the Arlington, Grand Prairie, Irving, Mansfield, McKinney and Mesquite Police Departments are investigating. Assistant U.S. Attorney John Bradford is in charge of the prosecution.
Albuquerque Man Pleads Guilty to Federal Mail Fraud and Identity Theft ChargesRead the Press Release
ALBUQUERQUE – Jeremy Boucher, 28, of Albuquerque, N.M., pleaded guilty this morning to mail fraud and identity theft charges. The guilty plea was entered without the benefit of a plea agreement.
Boucher was arrested on Nov. 25, 2014, on a criminal complaint charging him with mail theft and possession of stolen mail from Dec. 2013 through Oct. 2014, in Bernalillo County, N.M. The complaint alleged that on Nov. 14, 2014, U.S. Postal Inspectors and the Albuquerque Police Department executed a search warrant on Boucher’s residence where they uncovered large amounts of stolen mail, including financial documents, dating back to Dec. 2013.
Boucher was subsequently charged in a four-count indictment on Jan. 8, 2015. Counts 1 and 2 charged Boucher with mail theft from Nov. 2013 through Oct. 2014. Count 3 charged Boucher with an attempt to execute a scheme to obtain money by false pretenses through the use of another person’s bank accounts, and Count 4 charged Boucher with identity theft.
During today’s proceedings, Boucher pled guilty to the four-count indictment. At sentencing, Boucher faces a statutory maximum penalty of five years in federal prison on the mail theft charges and 30 years in prison on the bank fraud charge. He also will be sentenced to a mandatory two-years in prison on the identity theft charge that must be served consecutive to any sentence imposed on the theft and bank fraud charges.
This case was investigated by the U.S. Postal Inspection Service and the Albuquerque Police Department. Assistant U.S. Attorney Paul Mysliwiec is prosecuting this case.
ATF, US Attorney’s Office Investigation Results in Arrest and Detention of Cranston Resident on Federal Drug Trafficking, Firearm ChargesRead the Press Release
PROVIDENCE, R.I. – An ongoing investigation by agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the United States Attorney’s Office has resulted in the arrest and detention of Antonio Fortes, 24, of Cranston, on federal drug trafficking and firearm charges, announced United States Attorney Peter F. Neronha and Daniel J. Kumor, Special Agent in Charge of the Boston Field Divisionof ATF.
Fortes, who was arrested on Wednesday by ATF agents following a search of his residence and the seizure of crack cocaine, heroin and a .45 caliber handgun, was ordered detained on Thursday by U.S. District Court Magistrate Judge Lincoln D. Almond. A federal criminal complaint charges Fortes with one count each of possession with the intent to distribute heroin, crack cocaine, being a felon in possession of a firearm, and possession of a firearm in furtherance of a drug trafficking crime.
According to information presented to the court, it is alleged that Fortes is a member or an associate of the YNIC street gang.
According to court documents, an investigation into Fortes alleged drug trafficking activities, which included controlled purchases of crack cocaine and repeated surveillance by law enforcement, culminated with the execution of a court authorized federal search warrant at his residence on Wednesday. The search resulted in the seizure of numerous packets of heroin, crack cocaine, a loaded .45 caliber handgun and additional ammunition, and items used in the preparation and packaging of illegal narcotics.
Possession of crack cocaine with the intent to distribute and possession of heroin with the intent to distribute are punishable by a statutory penalties of up to 20 years in federal prison and a fine of up to $1,000,000; being a felon in possession of a firearm is punishable by statutory penalties of up to 10 years imprisonment and a fine of $250,000; and possession of a firearm in furtherance of a drug trafficking crime is punishable by statutory penalties of a minimum of 5 years and up to life in federal prison, to be served consecutive to any other sentence imposed, and a fine of up to $250,000.
The case is being prosecuted by Assistant U.S. Attorneys Milind M. Shah and William J. Ferland.
Law enforcement officers from the Cranston, Pawtucket and Providence Police Departments assisted in the investigation of this matter.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]A. Lee Bentley, III is Administered Oath of OfficeRead the Press Release
At an investiture ceremony held at the Sam M. Gibbons U.S. Courthouse yesterday afternoon in downtown Tampa, Judge Steven D. Merryday of the U.S. District Court for the Middle District of Florida administered the Oath of Office for the United States Attorney to A. Lee Bentley, III. He serves as the eighteenth United States Attorney for the district.
The formal ceremony, over which Judge Merryday presided, was attended by scores of family members, friends, and colleagues, as well as federal, state, and local dignitaries. Guest speakers included former United States Attorneys Robert E. O’Neill and A. Brian Albritton. The invocation and the benediction were given by the Reverend Roger Scholtz, Senior Pastor, Hyde Park Methodist Church. Tampa Police Chief Jane Castor led the Pledge of Allegiance, and Deputy Clerk James O. Gordon sang the national anthem.
Other honored guests attending included United States Attorney Loretta A. Lynch from the Eastern District of New York, former United States Attorney Donna A. Bucella, Florida Attorney General Pam Bondi, and Mayor Bob Buckhorn.
United States Attorney Bentley was appointed to his post by President Barack Obama upon the recommendation of Senators Bill Nelson and Marco Rubio. He has served as an Assistant United States Attorney in the Middle District of Florida since 2000, most recently serving as the First Assistant to United States Attorney Robert E. O'Neill. Prior to that, he worked at the law firm of Hogan & Hartson in Washington, DC as an associate and a partner. Mr. Bentley also has served as a Special Assistant United States Attorney in the Southern District of Florida (Miami), an Attorney-Advisor in the Office of Legal Counsel, Department of Justice (Washington, D.C.), a law clerk to Honorable Lewis F. Powell, Jr., United States Supreme Court, and a law clerk to Honorable Clement F. Haynsworth, Jr., United States Court of Appeals for the Fourth Circuit.
United States Attorney Bentley oversees one of the largest United States Attorney’s Offices in the country, having prosecutorial responsibility over 35 counties in Florida, stretching more than 350 miles, with a population of more than 11 million. He leads five staffed offices with more than 230 employees, including approximately 117 attorneys.
11 Defendants Indicted on Drug and Gun Charges in SchenectadyRead the Press Release
ALBANY, NEW YORK – Eleven defendants were arrested today on federal felony charges arising out of the sale of cocaine base (crack) and firearms in and around Schenectady, New York, announced United States Attorney Richard S. Hartunian, Federal Bureau of Investigation Special Agent in Charge Andrew W. Vale, and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Delano A. Reid. The charges are set forth in nine indictments that were unsealed this afternoon in federal court in Albany. The defendants were arrested this morning, arraigned before United States Magistrate Judge Christian F. Hummel, and detained pending detention hearings which are scheduled for Monday and Tuesday of next week.
These charges are the result of a joint investigation conducted by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Schenectady District Attorney’s Office, the Schenectady Police Department, the New York State Department of Corrections, the New York National Guard Counter-Drug Task Force, the Albany County Sheriff’s Office, and the Office of the United States Attorney for the Northern District of New York.
United States Attorney Hartunian said, "I want to commend our local, state and federal law enforcement partners for their tireless efforts in bringing about these arrests today. This case serves as a strong message that we will vigorously pursue and prosecute all those who endanger our neighborhoods though the distribution of illegal drugs and illegal firearm activity."
Special Agent in Charge Vale stated, "Today’s arrests are clear evidence of the success of law enforcement partnerships. Schenectady neighborhoods, as well as the Greater Capital Region, are safer now than they were just hours ago. This investigation reflects our collective dedication to deterring illegal drug and firearm activity, and we will continue to actively identify individuals throughout the area who are involved in such criminal acts."
Special Agent in Charge Reid said, "I am extremely gratified with today’s arrests. The public – including the criminal element – must really appreciate how effective law enforcement can be once it focuses its resources on those violating the law. While each of our partners brings their own specialized expertise to the table in cases such as this, it is only through an open and collaborative effort that we can achieve these impressive results."
The cases are being prosecuted by Assistant United States Attorneys Sean O’Dowd and Kofi Sansculotte and Special Assistant United States Attorney Jennifer M. Assini from the Schenectady County District Attorney’s Office.
Defendants Charged
NAME
AGE
RESIDENCE
CHARGES
POTENTIAL TERMS OF IMPRISONMENT
Kareem Thompson,
a/k/a Gorilla
32
Schenectady
Conspiracy to possess with intent to distribute crack
Possession with intent to distribute crack (2 counts)
Maximum: Life
Mandatory minimum: 10 years
Assan Allah,
a/k/a Jamel Campbell, a/k/a Just
47
Schenectady
Conspiracy to possess with intent to distribute crack
Possession with intent to distribute crack (2 counts)
Maximum: Life
Mandatory minimum: 10 years
Darrel Irving-Anderson
, a/k/a Lil’D23
Schenectady
Possession with intent to distribute crack (2 counts)
Maximum: 40 years
Mandatory minimum: 5 years
Leryco Hayes,
a/k/a Big Bro
44
Schenectady
Possession with intent to distribute crack (2 counts)
Maximum: 40 years
Mandatory minimum: 5 years
Kathlynne Marable,
a/k/a Kat
28
Albany
Conspiracy to possess with intent to distribute crack
Maximum: 20 years
Charles McCormick, Jr.,
a/k/a C
21
Schenectady
Conspiracy to possess with intent to distribute crack
Maximum: 20 years
Barrington Mordaunt,
a/k/a Bigz
51
Schenectady
Possession with intent to distribute crack (3 counts)
Maximum: Life
Mandatory minimum: 10 years
Autumn Saglimbeni
29
Schenectady
Conspiracy to possess with intent to distribute crack
Maximum: 20 years
Richel Skokan,
a/k/a Shel, a/k/a Sheryl
38
Schenectady
Conspiracy to possess with intent to distribute crack
Maximum: 20 years
Sharma Sukdeo,
a/k/a Andrew
20
Valley Stream, L.I.
Dealing firearms without a license
Maximum: 5 years
Jayquan Tomer,
a/k/a Killer
23
Schenectady
Conspiracy to possess with intent to distribute crack
Possession with intent to distribute crack (3 counts)
Maximum: Life
Mandatory minimum: 10 years
The charges are merely accusations and the defendants are presumed innocent unless and until proven guilty in a court of law.
26 March 2015
Wichita Man Sentenced to 16 Years for Armed RobberyRead the Press Release
WICHITA, KAN. – A Wichita man was sentenced Thursday to 16 years in federal prison for robbing a drug store, U.S. Attorney Barry Grissom said.
Ryan B. Schmidt, 34, Wichita, Kan., pleaded guilty to one count of commercial robbery and one count of brandishing a firearm during the robbery. In his plea, he admitted that on Sept. 4, 2014, he entered Gessler’s Drug Store at 4817 E. Douglas in Wichita, brandished a gun and told an employee to give him prescription drugs. He fled the store with seven bottles of hydrocodone and three bottles of promethazine in a plastic bag.
Schmidt was involved in a high speed chase with police before hitting a utility pole and another vehicle and coming to a stop.
Grissom commended the Wichita Police Department and Assistant U.S. Attorney Alan Metzger for their work on the case.
Veterans Court Now Available for Vets Charged with Federal Crimes in MontanaRead the Press Release
HELENA – Chief U.S. District Court Judge Dana L. Christensen, Chief Montana District Court Judge Gregory G. Pinski and U.S. Attorney Mike Cotter, are pleased to announce that qualifying veterans charged with federal crimes are now eligible to participate in Veterans Court, an alternative to prison. The announcement results from a collaborative agreement that allows qualified veterans in the federal system to enroll in the Montana Eighth Judicial District Veterans Court, which has been operational since 2013 for veterans accused of state and local crimes.
"Judge Greg Pinski of the Eighth Judicial District has created a model Veterans Court,” said Chief U.S. District Court Judge Dana L. Christensen. “The Montana District Federal Court welcomes the opportunity to be a partner in this effort, and to be able to provide this option to veterans who have been charged with federal crimes."
“Too many veterans are winding up in the criminal justice system suffering from mental illness, cognitive impairment and substance abuse. They cannot cope with the invisible wounds of war on their own, and the Veterans Court gives them an opportunity for treatment and restoration,” said Chief Montana District Court Judge Pinski. “The collaborative approach between the Montana federal and state courts to treating veteran offenders is unique and it will greatly expand treatment opportunities for Montana’s justice-involved veterans.”
In 2014, the United States Department of Justice awarded the Veterans Court nearly $300,000 to build and expand the program. The Veterans Court reduces crime, enhances public safety, saves taxpayer costs, and enriches lives by facilitating sobriety, treating mental health conditions, improving social relationships, and promoting lifelong stability for veteran offenders in the community. The program is a joint effort between the courts, community treatment providers, the U.S. Department of Veterans Affairs, and volunteer mentors.
“Veterans are returning to Montana every day,” said Montana U.S. Attorney Mike Cotter. “We look forward to utilizing Veterans Court in federal cases so that qualifying veterans can get structured treatment and return to their lives and families in Montana.”
Veterans Court requires enrollees to engage in intensive multi-stage professional counseling and treatment for issues involving substance abuse, mental health, disability, finances, and other difficulties, including those related to their military service. They must also abide by strict conditions, follow rigorous treatment plans, and attend scheduled hearings before a judge. Veterans accused of federal crimes will now have the same opportunity to enroll in the program as part of their federal cases if they meet certain criteria and have not already been convicted of violent or sexual offenses.
In 2004, the Bureau of Justice Statistics released a report stating that approximately ten percent of state prison inmates had prior military service. The Bureau also estimated that 140,000 veterans were in state and federal prison. According to a Congressional Budget Report and the Rand Corporation, one veteran in five of the Iraq and Afghanistan wars is diagnosed with Posttraumatic Stress Disorder (PTSD) and nearly twenty percent report experiencing a traumatic brain injury during deployment. An estimated thirty percent of Vietnam veterans have PTSD.
A Department of Veterans Affairs study determined that from 1999 through 2010, between 18 and 22 veterans commit suicide each day in the United States. “The suicide rate alone is justification to help justice-involved veterans,” Pinski emphasized.
Union County, New Jersey, Man Charged with Enticing a Child to Engage in Sexual ActivityRead the Press Release
NEWARK, N.J. – A Union County, New Jersey, man was arrested today for allegedly enticing a child with whom he had an online relationship to engage in sexual activity from 2008 through July 2011, U.S. Attorney Paul J. Fishman announced.
Eric Bing, 28, of Clark, New Jersey, was charged by complaint with enticing a child to engage in sexual activity. Bing is scheduled to make his initial court appearance later today before U.S. Magistrate Judge Michael A. Hammer in Newark federal court.
According to the complaint:
In 2008, Bing, posing as a famous band singer, allegedly began an online relationship with a girl living overseas who was approximately 14 years old at the time. He used internet-based communications, including chat, email, online video games, and a one-way webcam. Bing made increasingly explicit sexual requests to the victim for her to send pictures and videos of herself using her webcam. The victim complied with many of these requests between 2008 and 2010.
The enticement count with which Bing is charged carries a statutory mandatory minimum penalty of 10 years in prison and a maximum potential penalty of life in prison and a $10 million fine.
U.S. Attorney Fishman credited special agents of Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), under the direction of Acting Special Agent in Charge Kevin Kelly, with the investigation leading to the charge.
The government is represented by Special Assistant U.S. Attorney Andrew R. Tyler of the U.S. Attorney’s Office Criminal Division in Newark.
The charge and allegations contained in the complaint are merely accusations, and the defendant is considered innocent unless and until proven guilty.
15-105
Bing, Eric Complaint
US Army National Guard Soldier and his Cousin Arrested for Conspiring to Support Terrorism (ISIL)Read the Press Release
One Man Arrested While Attempting to Travel Abroad; Both Chicago Area Men Spoke of Using Army Uniforms, Military Knowledge and Access to Attack Illinois Military Installation
Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Zachary T. Fardon of the Northern District of Illinois and Special Agent in Charge Robert Holley of the FBI’s Chicago Division announced today that two Aurora, Illinois, men were arrested Wednesday night for allegedly conspiring to provide material support to Islamic State of Iraq and the Levant (ISIL), a foreign terrorist organization.
Army National Guard Specialist Hasan Edmonds, 22, a U.S. citizen, was arrested without incident at Chicago Midway International Airport by members of the Chicago FBI’s Joint Terrorism Task Force (JTTF) while attempting to fly to Cairo, Egypt. Jonas Edmonds, 29, a U.S. citizen, was arrested without incident at his home in Aurora. Both defendants were charged in a criminal complaint filed yesterday in U.S. District Court of the Northern District of Illinois with one count of conspiring to provide material support and resources to a foreign terrorist organization. The initial appearances of Hasan Edmonds and Jonas Edmonds are scheduled for today before U.S. Magistrate Judge Sheila Finnegan at 3 p.m. CST.
As alleged in the complaint, in late 2014, Hasan Edmonds came to the attention of the FBI. The investigation subsequently revealed that he and Jonas Edmonds had devised a plan for Hasan Edmonds to travel overseas for the purpose of waging violence on behalf of ISIL. Hasan Edmonds, a current member of the Illinois Army National Guard, planned to use his military training to fight on behalf of ISIL. As part of their plans, Hasan Edmonds booked airline travel to depart yesterday from Chicago and arrive in Cairo today, with layovers in Detroit and Amsterdam.
As alleged in the complaint, both defendants also planned for Jonas Edmonds to carry out an act of terrorism in the United States after Hasan Edmonds departed. In particular, both defendants met with an FBI undercover employee and presented a plan to carry out an armed attack against a U.S. military facility in northern Illinois, an installation where Hasan Edmonds had been training. Jonas Edmonds asked the FBI undercover employee to assist in the attack and explained that they would use Hasan Edmonds’ uniforms and the information he supplied about how to access the installation and target officers for attack.
“According to the charges filed today, the defendants allegedly conspired to provide material support to ISIL and planned to travel overseas to support the terrorist organization,” said Assistant Attorney General Carlin. “In addition, they plotted to attack members of our military within the United States. Disturbingly, one of the defendants currently wears the same uniform of those they allegedly planned to attack. I want to thank the many agents, analysts, and prosecutors who are responsible for disrupting the threat posed by these defendants.”
“We will pursue and prosecute with vigor those who support ISIL and its agenda of ruthless violence,” said U.S. Attorney Fardon. “Anyone who threatens to harm our citizens and allies, whether abroad or here at home, will face the full force of justice.”
“The arrests today are the culmination of a successful investigation that involved a great deal of coordination and communication with our law enforcement and military partners,” said Special Agent in Charge Holley. “Throughout the course of this investigation, the defendants were closely and carefully monitored to ensure the safety of the public and our service men and women.”
Conspiring to provide material support to a foreign terrorist organization carries a maximum penalty of 15 years in prison and a $250,000 fine. If convicted, the court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
The case was investigated by the FBI’s JTTF, which is comprised of special agents of the FBI, officers of the Chicago Police Department and representatives from an additional 20 federal, state and local law enforcement agencies. Assistant Attorney General Carlin joins U.S. Attorney Fardon in extending his appreciation to the JTTF.
U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), the Illinois State Police, the Aurora Police Department and the Illinois National Guard also provided significant assistance.
The government is being represented by Assistant U.S. Attorneys Barry Jonas and John Kness of the Northern District of Illinois, and Trial Attorney Lolita Lukose of the National Security Division’s Counterterrorism Section.
The public is reminded that a complaint contains only charges and is not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Edmonds Complaint
U.S. Attorney's Office, Law Enforcement Partners Crackdown on Deception, Fraud in Auto Sales, Financing and LeasingRead the Press Release
BIRMINGHAM -- The U.S. Attorney's Office for the Northern District of Alabama, the Federal Trade Commission, and multiple law enforcement partners today jointly announced the results of Operation Ruse Control, a nationwide and cross-border crackdown to protect consumers when they buy a car. The yearlong sweep encompassed 252 enforcement actions in the United States and Canada. The federal prosecution of eight Birmingham car dealership employees is part of the sweep.
The U.S. Attorney's Office in Birmingham, working with the FBI and the Internal Revenue Service, Criminal Investigation Division, obtained guilty pleas over the past year from three sales managers, two finance managers and three salesmen at Serra Nissan in Birmingham to a conspiracy to boost auto loans and vehicle sales through fraudulent means. Fraudulent representations submitted to lenders by the Serra Nissan employees included inflated buyer's income, straw purchasers who could qualify for loans, and non-existent vehicle accessories listed in order to boost a loan amount.
The Birmingham cases were among actions from the FTC and more than 30 law enforcement partners at the federal, state and local level in the U.S. and Ontario, Canada. The enforcement actions include both civil and criminal charges of deceptive advertising, automotive loan application fraud, odometer fraud, deceptive add-on fees, and deceptive marketing of car title loans.
"The defendants from Serra Nissan defrauded auto loan lenders by falsifying customer information on loan applications, which also harmed customers by inflating the value of the vehicles they bought or saddling them with loans the dealership officials knew they could not afford," Vance said. "These predatory practices in providing auto loans, often to people with credit problems or insufficient income, threaten consumer safety and the stability of the auto loan industry."
“For most people, buying a car is one of the largest purchases they’ll make,” said Jessica Rich, director of the FTC’s Bureau of Consumer Protection. “Car ads must be truthful, loan terms must be clear, and dealer practices must be honest. That’s why our partners are working together to crack down on deceptive marketing about car sales, leasing and financing.”
“The FBI is proud to have been a part of Operation Ruse Control," said FBI Special Agent in Charge Roger C. Stanton. "Consumers should expect honesty when purchasing a vehicle not fraud and deceit. If dealers cross the line and engage in illegal activity they should know the FBI, along with our partners, will be right behind them to hold them accountable and bring them to justice."
"These defendants lined their pockets with money gained through deceptive and misleading practices," said Veronica F. Hyman-Pillot, special agent in charge, IRS Criminal Investigation. "Thanks to the agents who worked this investigation, the defendants' actions did not go undetected and they will be held accountable," she said. “We will do everything within our power to assist our law enforcement partners with identifying and stopping illegal practices that affect unsuspecting consumers.”
D. SCOTT BURTON, 36, of Odenville, MICHAEL J. WILKINSON, 56, of Moody, TERRY W. HENDERSON, 39, of Pleasant Grove, ROLAND W. RILEY, 28, and DWIGHT A. PERRY, 44, both of Birmingham, ABDUL ISLAM MUGHAL, 48, of Trussville, GERALD R. SHEPARD, 56, of Pinson, and JEFFREY R. GREEN, 33, of Porterdale, Ga., all have pleaded guilty to the conspiracy to defraud financial institutions, Nissan North America and Serra Nissan customers between August 2010 and October 2013 by fraudulently increasing vehicle sales in order to boost personal profits. The eight defendants are scheduled for sentencing between May and July.
Mughal, Shepard, and Burton were sales managers at Serra Nissan, Green and Wilkinson were finance managers, and Perry, Henderson and Riley were salesmen. In addition to the conspiracy pleas, Mughal also pleaded guilty to bank fraud, Shepard to bank fraud and filing a false federal income tax return, and Green to failure to file an individual tax return.
Consumers in the market for a new or used vehicle should read the FTC’s Are Car Ads Taking You for a Ride? and Buying and Owning a Car.
MEDIA CONTACT:
Peggy Sanford
Public Information Officer
U.S. Attorney's Office
Northern District of Alabama
205-244-2020Two Men Sentenced to A Total of 55 Years in Prison for Unrelated Sexual Crimes Involving MinorsRead the Press Release
Fort Smith, Arkansas - Conner Eldridge, United States Attorney for the Western District of Arkansas, announced that Doncouri Wells and Jason Delbosque were sentenced today to a combined total of 55 years in federal prison for unrelated sexual crimes involving minors. Wells, aka “D”, age 38, of Fayetteville, Arkansas, was sentenced to 300 months in prison followed by five years of supervised release on one count of Sex Trafficking of Children; Delbosque, age 40, of the Atlanta, Georgia area, was sentenced to 360 months in prison followed by a lifetime of supervised release on one count of Knowingly Transporting a Minor in Interstate Commerce with the Intent to Engage in Criminal Sexual Activity. The Honorable P.K. Holmes, III presided over the sentencing hearings in the United States District Court in Fort Smith.
U.S. Attorney Eldridge commented, “The two defendants sentenced today committed appalling, despicable crimes involving sexual activity with minor children, and as a result, each will now spend a significant portion of their lives in federal prison. Protecting children across the Western District of Arkansas remains the top priority of our office and we will not waver in our commitment to prosecute those who commit crimes against them. I would like to thank the FBI, the Fayetteville Police Department, the Carroll County Sheriff’s Office, and other local and state law enforcement agencies for all their hard work in bringing these two to justice. ”
“Today’s sentencings demonstrate the resolve of law enforcement to halt the deplorable exploitation of innocent children and the trafficking of humans,” commented David T. Resch, Special Agent in Charge of the Little Rock FBI Field Office, “Along with our partners, United States Attorneys’ Office, Fayetteville Police Department, Carroll County Sheriff’s Office, The Comanche County, Texas Sheriff’s Department and the De Leon, Texas Police Department, we will continue to aggressively investigate those who participate in sex trafficking.”
With respect to Wells, according to court records, on June 8, 2014, the Fayetteville Police Department and the Federal Bureau of Investigations in Northwest Arkansas were alerted by the National Center for Missing and Exploited Children that an advertisement for prostitution was posted on the website Backpage.com under the “escort” section that depicted a suspected minor from Fayetteville, Arkansas. Law enforcement later located the female depicted in the “Backpage” posting and confirmed that she was in fact 16 years of age. During a subsequent interview with the minor, she stated that she had been engaging in commercial sexual acts in Northwest Arkansas and she identified her “pimp” by the street name of “D” who lived in Fayetteville. Specifically, she stated that “D” took digital photographs of her and posted them to Backpage.com under his account for the purposes of prostitution, and that in early June of 2014 she had sexual intercourse with multiple different adult males in exchange for money in a room rented by “D” at a local motel in Fayetteville, Arkansas. Additionally, she informed officers that she told “D” she was 16 years of age before posting her images on Backpage.com. The minor female later identified her “pimp” that she knew as “D” as Doncouri Wells from a photo lineup. During the subsequent law enforcement investigation, FBI agents were able to positively identify the user of the Backpage.com advertisements that depicted the minor female as Doncouri Wells. Wells was arrested by the Fayetteville Police Department on July 11, 2014 for promoting prostitution. On July 17, 2014, Wells admitted to promoting the prostitution of the minor female. Wells pleaded guilty to the charge on November 21, 2014. At the time of this crime, Wells was on parole following a guilty plea for Possession of Methamphetamine and because Wells has at least two prior felony convictions for a crime of violence or a controlled substance offense, he is a career offender.
With respect to Delbosque, according to court records, on June 13, 2014, the Carroll County Sheriff’s Office was contacted by the parents of a 16 year old female, reporting that their daughter, who was at home the night before, had been missing ever since. During the subsequent investigation, officers obtained the minor’s cell phone records, which reflected that the minor was in contact with an individual, later identified as Jason Delbosque, just before her disappearance. Officers then obtained Delbosque’s cell phone records, which reflected that on or about June 12, 2014, Delbosque traveled from Georgia to the minor’s residence in the Western District of Arkansas, and that his cell phone last activated near a cell tower close to Stephensville, Texas. Following an extensive state and federal law enforcement search, on June 23, 2014, the minor was located approximately 26 miles from Stephensville. Later that day, law enforcement officers located Delbosque in the same area and took him into custody. The minor was subsequently interviewed and stated that she and Delbosque began communicating approximately six months prior via an internet application known as “kik”. She informed officers that that around June 11, 2014, Delbosque told her that he was leaving and wanted her to go with him. Approximately one day later, she said Delbosque picked her up at her parent’s house in Carroll County, Arkansas, at approximately 1 a.m. and drove them to Texas. While in route to Texas, the minor stated that Delbosque told her to disable her phone and give it to him. She never used her phone again. Additionally, the minor stated that Delbosque was aware that she was 16 years of age when he picked her up from her parent’s house in Arkansas. Delbosque pleaded guilty to the charge on November 24, 2014. At sentencing the Government presented the Court with evidence that at the time of this crime, Delbosque was required to register as a sex offender due to a previous conviction for Aggravated Sexual Assault, which involved the sexual abuse or sexual contact with a minor less than 14 years of age.
These cases were investigated by the Federal Bureau of Investigation (FBI), the Fayetteville Police Department, the Carrol County Sheriff’s Office, the Comanche County, Texas Sheriff’s Department, and the De Leon, Texas Police Department. Assistant United States Attorney Dustin Roberts prosecuted the cases for the United States.
The 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 their Criminal Division Child Exploitation and Obscenity Sections (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.
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Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov
Two Former Vice Presidents at Bristol Virginia Utilities Authority Plead GuiltyRead the Press Release
ABINGDON, VIRGINIA – During separate hearings today in the United States District Court for the Western District of Virginia in Abingdon, two former Vice Presidents of Field Operations for the Bristol Virginia Utilities Authority pled guilty to federal conspiracy charges related to their individual receipt of kickbacks.
Robert James Kelley, Jr., 61, of Lexington, Va., waived his right to be indicted and pled guilty today to a one-count Information charging him with a multi-object conspiracy to commit mail fraud, money laundering and to the defraud the United States.
In a separate hearing today, David Copeland, 44, of Bristol, Va., also waived his right to be indicted and pled guilty to a one-count Information charging him with a multi-object conspiracy to commit wire fraud and money laundering.
“The investigation and prosecution of public corruption on all levels continues to be one of our top priorities,” Acting United States Attorney Anthony P. Giorno said today. “In addition to the economic consequences, kickback schemes such as the one carried out by Mr. Kelley and Mr. Copeland compromise the public’s trust in the individuals and companies that are supposed to be serving the best interests of their customers and the taxpayers.”
“Public corruption is the FBI’s top criminal investigative priority. Corruption in the governmental contracting process deprives taxpayers of the essential services they are owed by their government and shakes their faith in the system,” said Adam S. Lee, Special Agent in Charge of the FBI’s Richmond Division. “The conspiracy between Mr. Kelly and Mr. Copeland caused harm, not simply by stealing taxpayer money through illegal kickbacks; their scheme caused harm to the community by subverting a process it should be able to rely upon to serve its members.”
“Kelley’s and Copeland’s conduct in this fraud scheme is egregious, not just because of the dollars involved but because of their abuse of power. By exploiting their positions, they were able to line their pockets using fraud and deceit,” said Thomas J. Kelly, Special Agent in Charge, IRS Criminal Investigation, Washington D.C. Field Office. “The message to lawbreakers should be clear, we will continue to aggressively investigate crimes involving financial fraud and in particular fraud that erodes the public’s confidence.”
According to information presented at today’s guilty plea hearings by Assistant United States Attorney Zachary Lee, Kelley Jr. was the Vice President of Field Operations for the Bristol Virginia Utilities Authority [BVU] from January 2006-February 2009. During his tenure, Kelley Jr. was responsible for approving billing invoices submitted to the utility authority, including invoices provided by Company #1, which performed contract work for BVU.
Kelley Jr. admitted today that between January 2006 and February 2009 he approved false invoices submitted by Company #1 for work not actually completed. These false invoices resulted in at least $330,510 in fraudulent billing by Company #1 to the BVU. Kelley Jr. approved these invoices knowing they contained false information. In addition, Kelley Jr. also prepared false invoices that he sent to Company #1 that falsely claimed he had done consulting work for Company #1 through his own RJK Consulting business. Kelley admitted today that he took these actions because he was paid at least $160,000 in kickbacks as proceeds from the fraudulent billings by Company #1. Additionally, he failed to report his $160,000 kickback income on his 2006, 2007, 2008, and 2009 tax returns.
During a separate hearing, David Copeland, who was the Vice President of Field Operations for BVU from March 2009-February 26, 2015, admitted that on or about and between January 1, 2010 and December 31, 2013, Company #1 submitted false invoices to Copeland for work not actually completed by Company #1 on behalf of BVU pursuant to a Virginia Tobacco Commission grant provided to the utilities authority. These false invoices reflected fraudulent amounts of rock drilling adder relating to the boring through of rock in order to lay fiber optic cable. These false invoices resulted in at least $143,000 in fraudulent billing by Company #1 to BVU. After receiving payment from BVU, Company #1 conducted financial transactions to convert portions of the funds it received from BVU as a result of the fraudulent billings to cash in order to disguise its origins. In this case, $40,000, was then paid to Copeland.
At sentencing, each defendant faces a maximum possible penalty of five years in prison and/or a fine of up to $250,000. In addition, Kelley, Jr. has agreed to pay a forfeiture money judgment in the amount of $165,000, and also has agreed to pay restitution in the amount of $330,510. Copeland has also agreed to pay a forfeiture money judgment in the amount of $50,000, and has agreed to pay restitution in an amount of at least $144,000.
The investigation of the case was conducted by the Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigation. Assistant United States Attorney Zachary Lee will prosecute the case for the United States.
Trio Charged in Four Armed Robberies in PhiladelphiaRead the Press Release
PHILADELPHIA - Mikel Smith, 25, Curtis Cotton, 47, and Wesley Thomas, 36, all of Philadelphia, PA, were charged today by indictment with four robberies which interfered with interstate commerce and related firearm charges, announced United States Attorney Zane David Memeger. According to the indictment, the defendants robbed Grace Mini Market, at 2339 W. Somerset Street, Philadelphia, on February 3, 2015; Nunez Grocery, at 617 W. York Street, Philadelphia, on February 3, 2015; New Almonte Mini Market, located at 2001 W. Spencer Street, Philadelphia, on February 4, 2015; and Rodriguez Deli, at 5766 Colgate Street, Philadelphia, on February 5, 2015. It is further alleged that in each robbery, the defendants brandished a handgun. Smith is also charged with possession of a firearm by a convicted felon.
If convicted of the charges, each defendant faces a mandatory minimum sentenced of 82 years in prison with a maximum sentence of life, up to five years of supervised release, a possible fine, an $800 special assessment, and restitution.
This case was investigated by the Federal Bureau of Investigation, the Philadelphia Police Department, and the Philadelphia District Attorney's Office. It is being prosecuted by Assistant United States Attorney Ewald Zittlau.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Tonawanda Woman Pleads Guilty to Mail FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Kathy Oertelt, 32, of Tonawanda, NY, pleaded guilty before Senior U.S. District Judge William M. Skretny, to mail fraud. The charge carries a maximum penalty of 20 years in prison prison and a $250,000 fine.
Assistant U.S. Attorney MaryEllen Kresse, who handled the case, said that between April and October 2013, Oertelt, who was employed as a health care provider for an 87-year old legally blind veteran, used the veteran’s signature stamp without his knowledge or permission to issue checks to herself totaling approximately $20,000. The defendant also obtained blank checks from an account the veteran had at the Navy Federal Credit Union in Vienna, Virginia. Oertelt wrote checks to herself on that account totaling approximately $54,000, and used the funds to purchase a 2008 Ford Expedition and a 2001 Suzuki SSXR motorcycle and to fund her gambling habit.
The plea is the culmination of an investigation on the part of Special Agents of the United States Veterans Administration, Office of Inspector General, Criminal Investigations Division, under the direction of Jeffrey G. Hughes, and the United States Secret Service, under the direction Special Agent-in-Charge C. Todd Laster.
Sentencing is scheduled for July 1, 2015 at 10:00 a.m. before Judge Skretny.
Three Men Aboard Greyhound Buses Indicted for Drug TraffickingRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that three men traveling through Kansas City on Greyhound buses were indicted by a federal grand jury, in two separate and unrelated cases, for possessing large amounts of heroin and methamphetamine for distribution.
USA v. Rios
Cesar David Rios, 41, of Tujunga, Calif., was charged with possessing heroin to distribute in an indictment returned by a federal grand jury today in Kansas City, Mo. The federal indictment replaces a criminal complaint that was filed against Rios on March 17, 2015.
According to an affidavit filed in support of the original criminal complaint, a police detective used a drug-sniffing dog to conduct a check of the baggage compartment underneath a bus at the Greyhound bus terminal located at 1101 S. Troost Ave., Kansas City, Mo. The dog alerted to the scent of narcotics within a bag, the affidavit says, which had a claim ticket for Rios attached. A ticket counter employee paged Rios, who responded to the front counter.
Rios, who had a one-way ticket to Charlotte, N. Carolina, gave the detective permission to search his luggage. According to the affidavit, the detective discovered two bundles wrapped in black electrical tape hidden at the bottom of the bag, containing a total of 3.7 kilograms of heroin.
This case is being prosecuted by Assistant U.S. Attorney Rudolph R. Rhodes, IV. It was investigated by the Kansas City, Mo., Police Department and the Drug Enforcement Administration.
USA v. Sanchez, et al
Gilberto Moreno Sanchez, 38, address unknown, and Manuel Enrique Urena-Vega, 48, address unknown, were charged in a four-count indictment returned by a federal grand jury in Kansas City, Mo., on Wednesday, March 25, 2015. The federal indictment replaces a criminal complaint that was filed against Sanchez and Urena-Vega on March 3, 2015.
The indictment alleges that Sanchez and Urena-Vega participated in a conspiracy to distribute methamphetamine. They are also charged together in one count of possessing methamphetamine with the intent to distribute.
Sanchez is also charged with illegally reentering the United States after having been deported. Urena-Vega is also charged with making false statements by providing a false name to law enforcement officers.
According to an affidavit filed in support of the original criminal complaint, a Kansas City police detective saw Sanchez and Urena-Vega get off a Greyhound bus at the Greyhound bus terminal located at 1101 S. Troost Ave., Kansas City, Mo. Sanchez gave the detective permission to search his black duffel bag, where the detective found two containers wrapped in gray duct tape. Urena-Vega also gave the detective permission to search his suitcase, where the detective found two identical containers wrapped in gray duct tape.
According to the affidavit, the containers in Sanchez’s duffel bag contained 2.1 pounds of cocaine and the containers in Urena-Vega’s suitcase contained 2.6 pounds of methamphetamine.
This case is being prosecuted by Assistant U.S. Attorney Christina Y. Tabor. It was investigated by the Kansas City, Mo., Police Department and the Drug Enforcement Administration.
Dickinson cautioned that the charges contained in these indictments are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
Three District Men Sentenced to Prison Terms for Taking Part in Robbery ConspiracyRead the Press Release
WASHINGTON – Pablo Lovo, 27, Joel Sorto, 25, and Yonas Eshetu, 29, were sentenced today to significant prison terms for conspiring to interfere with interstate commerce by robbery, announced U.S. Attorney Ronald C. Machen Jr., Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD) and Charles E. Smith, Special Agent in Charge of the Washington Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The men, all of Washington, D.C., were found guilty in May 2014 of the conspiracy charge, along with a related firearms offense. The verdicts followed a jury trial in the U.S. District Court for the District of Columbia. They were sentenced by the Honorable Rosemary M. Collyer. Lovo was sentenced to 124 months in prison, Sorto was sentenced to a 100-month prison term, and Eshetu was sentenced to 64 months of incarceration.
According to the government’s evidence, from mid-August to early September of 2013, members of the Metropolitan Police Department’s Narcotics and Special Investigations Division and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, Washington Field Division, conducted an undercover investigation of the defendants, who conspired to rob a fictitious narcotics dealer/business owner. Lovo was the initial primary target of the investigation.
During that time, five meetings took place in the District of Columbia in which some and/or all of the defendants met with an undercover officer who purported to be working with them on the robbery plans. An undercover agent attended one meeting.
On Sept. 5, 2013, the day of the planned robbery, the three defendants and two other co-conspirators arrived at a target location in one automobile and further discussed the details of the armed robbery and the roles of each co-conspirator. Prior to executing the robbery, the defendants were arrested by the undercover officers. A search of the automobile that the defendants had arrived in yielded three 9 mm firearms, three gun magazines, which contained a total of 44 rounds of 9 mm ammunition, and two machetes that were to be used in the robbery.
The two other co-conspirators, Raul A. Cruz, Jr., 29, and Ariel Flores, 23, both of Washington, D.C., previously pled guilty to conspiracy to interfere with interstate commerce by robbery. Cruz was sentenced to 33 months of incarceration and Flores was sentenced to a 37-month prison term.
In announcing the sentences, U.S. Attorney Machen, Chief Lanier, and Special Agent in Charge Smith commended the actions of the Metropolitan Police Department officers and ATF Special Agents who worked on the investigation and prosecution of this case. They also commended the work of those who handled the case for the U.S. Attorney’s Office, including Paralegal Specialists Candace Battle, Catherine O’Neal, and Kim Hall; Legal Assistants Tammy Scott, Priscilla Hutson, and LaToya Wade; Information Technology Specialists Kimberly Smith, Thomas Royal, Anisha Bhatia, and William Henderson; Victim/Witness Specialists M. Laverne Forrest and Debra Cannon; Victim/Witness Supervisor Michael Hailey, and Criminal Investigator Duncan Templeton.
Finally, they praised the efforts of Assistant U.S. Attorneys Emory V. Cole and Karla-Dee Clark, who investigated and prosecuted the case.
Texas Man Pleads Guilty to Falsifying a Wildlife Document Related to the Sale of Horns from a Black RhinoRead the Press Release
John A. Brommel, 53, a resident of Austin, Texas, and the owner of a taxidermy business, pleaded guilty today to violating the Lacey Act’s false labeling provision by knowingly selling horns from a black rhinoceros to non-Texas residents and falsifying the bill of sale to conceal the fact that the actual purchasers were not residents of Texas.
The guilty plea was announced by Assistant Attorney General John C. Cruden for the Environment and Natural Resources Division of the Department of Justice, Acting U.S. Attorney Richard L. Durbin, Jr. for the Western District of Texas and Director Dan Ashe of the U.S. Fish and Wildlife Service (USFWS).
Brommel, who has owned and operated a taxidermy shop in Austin, Texas, for more than 25 years, pleaded guilty today before U.S. District Court Judge Walter S. Smith Jr. in Waco, Texas, to a one count information charging him with making a false document in connection with interstate wildlife trafficking in violation of the Lacey Act.
Brommel was identified as part of “Operation Crash” – a nationwide effort led by the USFWS and the Justice Department to investigate and prosecute those involved in the black market trade of rhinoceros horns and other protected species.
In papers filed in federal court, Brommel admitted to selling the horns from the shoulder mount of a black rhinoceros to a group of Irish nationals that included Michael Slattery Jr., who, on Nov. 5, 2013, pleaded guilty to conspiring with others to sell the rhinoceros horns he and his co-conspirators purchased from Brommel. Slattery was sentenced to serve 14 months in prison on Jan. 10, 2014, in federal district court in Brooklyn, New York.
The black rhinoceros is a herbivore species of prehistoric origin and one of the largest remaining mega-fauna on earth. They have no known predators other than humans. All species of rhinoceros are protected under U.S. and international law, including the Endangered Species Act. Since 1976, trade in rhinoceros horn has been regulated under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), a treaty signed by over 170 countries around the world to protect fish, wildlife and plants that are or may become imperiled due to the demands of international markets.
The investigation is continuing and is being handled by the USFWS’s Office of Law Enforcement, the U.S. Attorney’s Office for the Western District of Texas and the Justice Department’s Environmental Crimes Section. The government is represented by Assistant U.S. Attorney Greg Gloff and Trial Attorney Gary N. Donner of the Justice Department’s Environmental Crimes Section of the Environment and Natural Resources Division.
Ten Men Indicted for Trafficking Counterfeit Media in Central ValleyRead the Press Release
FRESNO, Calif. — A federal grand jury returned a two-count indictment Thursday against 10 defendants, charging them with conspiracy to commit criminal copyright infringement and related crimes, and trafficking in counterfeit labels, documentation and packaging, United States Attorney Benjamin B. Wagner announced.
The defendants charged in the indictment are: Victor Flores Fuentes, 38; Edgar Hipatl Rodriguez, 25; Angel Gomez, 34; Ramiro Mendes, 34; Efrain Lozada Rosas, 33; Antonio Morales, 31; Enrique Aguilar, 25; and Eric Ivanez, 21, all of San Jose; Jesus Cuevas Lopez, 24, of southern California; and Cornelio Rojas, 50, of Ceres.
According to court documents, on March 13, 2015, warehouse and office space used by the defendants were found to contain tens of thousands of counterfeit music CDs and movie DVDs. The counterfeit materials included movie titles that were in theatrical release and not yet available for legitimate sale on DVD. The defendants distributed the counterfeit CDs and DVDs for resale in Atwater, Modesto, Stockton, Turlock, and throughout California.
This case is the product of an investigation by the Sacramento Intellectual Property Rights Task Force composed of the Federal Bureau of Investigation and the Sacramento County Sheriff’s Office. Assistant United States Attorney Henry Z. Carbajal III is prosecuting the case.
Cornelio Rojas is in custody and is scheduled to be arraigned in Fresno on Monday, March 30, 2015. The remaining defendants are in custody in San Jose and are expected to make their initial appearance in court in Fresno in the next few weeks.
If convicted, the defendants face a maximum statutory penalty of five years in prison and a $250,000 fine for the conspiracy and trafficking in counterfeit labels charges. Any sentence, however, would 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. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Tax Preparer Sentenced to Two Years in Prison for Tax Evasion & Filing False Tax ReturnsRead the Press Release
CHARLOTTE, N.C. – On Wednesday, March 25, 2015, U.S. District Judge Robert J. Conrad, Jr. sentenced Jessica Ordonez, 38, of Belmont, N.C. to 24 months in prison on tax evasion and filing false tax returns, announced Jill Westmoreland Rose, Acting U.S. Attorney for the Western District of North Carolina. Judge Conrad also ordered Ordonez to serve one year under court supervision following her release from prison and to pay $288,302.63 as restitution.
Acting U.S. Attorney Rose is joined in making today’s announcement by Thomas J. Holloman III, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation (IRS-CI).
According to court records and the sentencing hearing, Ordonez was the owner of Tax Pros (a/k/a “Ordonez Tax Services”), which provided tax preparation and other services and had offices in Gastonia and Morganton, N.C. Court documents show that between 2004 and 2012 Ordonez prepared at least 100 false tax returns for 23 taxpayers, using fraudulent Individual Taxpayer Identification Numbers (ITINs). According to court records, Ordonez used false Additional Child Tax Credit and other false information to prepare the fraudulent returns, which entitled her clients to large fraudulent tax refunds. The tax loss associated with the fraudulent returns was approximately $202,217. In addition to filing the false returns, court records indicate that Ordonez failed to report her own income on her individual tax returns for tax years 2009 to 2011, with a corresponding tax loss of $86,085. Ordonez pleaded guilty in April 2014 to one count of tax evasion and one count of aiding and assisting in the preparation and presentation of a false tax return.
In handing down Ordonez’s sentence, Judge Conrad emphasized that Ordonez had engaged in very serious fraud over a long period of time and noted the seriousness of the offenses and the importance of deterrence in tax fraud cases.
Ordonez has been released on bond and will be ordered to report to the Federal Bureau of Prisons to begin serving her sentence upon designation of a federal facility. All federal sentences are served without the possibility of parole.
The investigation was handled by IRS-Criminal Investigation. The prosecution for the government is being handled by Assistant United States Attorney Jenny Sugar of the U.S. Attorney’s Office in Charlotte.
South Jersey MRI Facility Owners Admit Paying Tens of Thousands in cash Bribes for Patient referralsRead the Press Release
CAMDEN, N.J. – The owners of two South Jersey MRI facilities today admitted paying more than $30,000 in cash bribes to a doctor for patient referrals, U.S. Attorney Paul J. Fishman announced.
Norman Brettler, a/k/a “Norbert,” 67, of Cherry Hill, New Jersey, and Lee Getson, 62, of
Southampton, New Jersey, pleaded guilty before U.S. District Judge Joseph E. Irenas in Camden federal court to separate informations charging them each with one count of conspiracy to pay kickbacks.According to documents filed in this case and statements made in court:
Brettler and Getson owned Positional Imaging Associates LLC, d/b/a Ocean Upright MRI, in Toms River, New Jersey, and Tilton Dynamic Imaging LLC, in Northfield, New Jersey. From January 2012 through June 2014, Brettler and Getson agreed with others to pay cash bribes to a doctor in exchange for patient referrals. Brettler and Getson paid the doctor more than $30,000 for referrals, resulting in more than $115,000 in Medicare payments to their MRI companies.
The conspiracy charge to which Brettler and Getson pleaded guilty carries a maximum potential penalty of five years in prison and a fine of $250,000 or twice the gross gain or loss resulting from the offense. Sentencing for both defendants is scheduled for June 29, 2015.U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Richard M. Frankel in Newark, and U.S. Department of Health and Human Services, Office of Inspector General, under the direction of Special Agent in Charge Scott J. Lampert, with the investigation leading to today’s guilty pleas.
The government is represented by Assistant U.S. Attorney Jane H. Yoon and Senior Litigation Counsel Andrew Leven of the U.S. Attorney’s Office Health Care and Government Fraud Unit in Newark.
U.S. Attorney Fishman reorganized the health care fraud practice at the New Jersey U.S. Attorney’s Office shortly after taking office, including creating a stand-alone Health Care and Government Fraud Unit to handle both criminal and civil investigations and prosecutions of health care fraud offenses. Since 2010, the office has recovered more than $635 million in health care fraud and government fraud settlements, judgments, fines, restitution and forfeiture under the False Claims Act, the Food, Drug and Cosmetic Act and other statutes.
15-106Defense counsel: Brettler: Michael Critchley Esq., Roseland, New Jersey
Getson: Carl D. Poplar Esq., Cherry Hill, New JerseyShiprock Man Pleads Guilty to Federal Theft ChargeRead the Press Release
ALBUQUERQUE – Orlando J. Johnson, 23, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pled guilty this morning in federal court in Albuquerque, N.M., to a felony information charging him with theft occurring in Indian Country.
Johnson was arrested on Oct. 31, 2014, after officers of the Navajo Nation Division of Public Safety were called to a fast food restaurant in Shiprock in response to a report that an elderly Navajo man had been robbed of his wallet and money. According to the criminal complaint, Johnson followed the victim out of the restaurant and stole the wallet from the victim’s pocket. The victim chased Johnson for approximately half a mile in his truck until he caught up to Johnson, who returned the wallet.
During today’s proceedings, Johnson pled guilty to a felony information charging him with theft occurring in Indian Country. In entering the guilty plea, Johnson admitted that on Oct. 23, 2014, in San Juan County, N.M., he stole a wallet and cash from the victim.
At sentencing, Johnson faces a statutory maximum penalty of five years of imprisonment followed by at least one year of supervised release. Johnson has been in federal custody since his arrest. He remains detained pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Farmington office of the FBI and Shiprock office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Raquel Ruiz-Velez is prosecuting this case.
Seven Suspects Arrested in West Tennessee on Federal Drug Trafficking ChargesRead the Press Release
Jackson, TN – A task force made up of agents from the DEA, FBI, and U.S. Marshals Service, and law enforcement officials with the Dyer County Sheriff’s Department, Dyersburg Police Department, Tennessee Bureau of Investigation and the Tennessee Highway Patrol, arrested seven people on federal drug trafficking charges in an early morning round-up today.
This morning’s arrests are the result of a year-long investigation in which law enforcement officials have seized illicit narcotics, U.S. currency, firearms, and drug paraphernalia.
A federal grand jury in Jackson, TN returned the indictments on February 23, 2015, but they remained under seal until today’s arrests. Each indictment contained counts alleging violations of the Controlled Substances Act.
The suspects arrested during the operation were:
•Miracle Pounds, 36, of Dyer County (already in state custody)
•Brian Whitt, 37, of Dyer County
•Robert Troy Anderson, 48, of Dyer County
•Christopher Dean, 40, of Dyer County (already in state custody)
•Amy Junior, 42, of Dyer County
•Nicholas Patterson, 42, of Dyer County
•Jonathan Murphy, 37, of Dyer County (already in state custody)The charges in the indictments stem from the defendants' participation in a conspiracy to distribute and to possess ice and methamphetamine with the intent to distribute.
“Over the last several years, we have seen an increase in the number of cases involving ice, a highly toxic and dangerous substance,” said U.S. Attorney Edward Stanton III. “Ingestion of ice, which is methamphetamine with at least 80% purity, and crystal meth causes profound and almost immediate physical, mental and emotional consequences, while the production process can also be deadly. This case demonstrates our commitment to riddingWest Tennessee of this menace.”
Brian K. Chambers, the Resident Agent in Charge of the DEA Memphis Resident Office, said of the case, “Methamphetamine continues to ravage many communities in our nation. Because of the positive results yielded in this case, other methamphetamine manufacturers in the affected region are being put on notice that DEA and its law enforcement partners will not tolerate their continued efforts to distribute this insidious drug.”
“I would like to thank our state and federal partners for their assistance in this investigation, which resulted in the arrests of those alleged to have been involved in criminal drug activity. I am proud of my officers’ efforts, and the Dyersburg Police Department will continue to aggressively investigate drug use and sales in our community,” stated Chief of Police Steven Isbell.
Dyer County Sheriff Jeff Box, said, “The success of this operation is attributed to the combined effort and hard work of all agencies involved in this task force partnership. I want to commend our Task Force Agents, DEA, TBI, and the U.S. Attorney’s Office for being partners in the detection, investigation and prosecution of those who seek to advance criminal activity. This combined effort will continue to advance our highest priority of protecting the citizens in our community by investigating and prosecuting those who violate state and federal laws regarding drug trafficking and other criminal activity.”
The case was investigated by members of the DEA Jackson Post of Duty, Tennessee Bureau of Investigation, Dyer County Sheriff’s Department and Dyersburg Police Department. The case is being prosecuted by Assistant United States Attorney Beth Boswell on behalf of the government.
The charges and allegations contained in the indictment are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Sentencing for March 26, 2015Read the Press Release
Terrance Thomas, 39, of Cheyenne, Wyoming, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on March 23, 2015, for failure to register as a sex offender. Thomas was arrested in Cheyenne, Wyoming. He received time served, to be followed by five years of supervised release and was ordered to pay a $100.00 special assessment. This case was investigated by the U.S. Marshals Service.
Francisco Santiago-Perez, 34, of Mexico, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on March 25, 2015, for illegal re-entry of a previously deported alien into the United States. Santiago-Perez was arrested in Cody, Wyoming. He received time served, plus 10 days, was ordered to pay a $100.00 special assessment and is subject to deportation upon release from custody. This case was investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement.
Malodee Jo Barnson, 35, of Rock Springs, Wyoming, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on March 23, 2015, on one count of conspiracy to possess with intent to distribute, and to distribute, at least 500 grams of methamphetamine and on one count of conspiracy to launder money. Barnson was arrested in Rock Springs, Wyoming. She received 120 months imprisonment, to be followed by five years of supervised release and was ordered to pay a $200.00 special assessment. This case results from an ongoing Organized Crime Drug Enforcement Task Forces (OCDETF) joint investigation conducted by the Wyoming Division of Criminal Investigation, the U.S. Drug Enforcement Administration and the Internal Revenue Service. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
Schuele Boys Gang Associate Pleads Guilty to Drug ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. — U.S. Attorney William J. Hochul, Jr. announced today that Aaron Glenn, 42, of North Tonawanda, NY, pleaded guilty to conspiracy to distribute cocaine before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 10 years in prison and a $1,000,000 fine.Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that as an associate of the Schuele Boys Gang, the defendant purchased cocaine from co-defendant Michael Robertson. Glenn then repackaged the cocaine into smaller amounts for re-sale in the Buffalo area.
The Schuele Boys Gang, which operated in the Schuele Street area of the East Side of Buffalo, is believed to be responsible for multiple acts of violence and the distribution of illegal narcotics including cocaine, crack cocaine and marijuana.
Glenn was arrested along with 16 other Schuele Boys Gang members and associates in July 2014. He is the first to be convicted. Also charged are:
• Antwan Garner, 29, Buffalo
• Jerome Grant, 33, Buffalo
• James Hicks, 44, Buffalo
• Xavier Hill, 42, Buffalo
• Demetrius Holmes, 23, Buffalo
• Damario James, 32, Buffalo
• Fred Johnson, 21, Buffalo
• Ikeem Lyons, 21, Buffalo
• Benjamin Peoples, 25, Buffalo
• Demario Robbins, 23, Buffalo
• Michael Robertson, 24, Buffalo
• Spencer Rogers, 50, Buffalo
• Antwon Steward, 31, Buffalo
• Shawntorrian Travis, 34, Buffalo
• Andre Wise, 36, Buffalo
• Marcel Worthy, 30, Buffalo
On March 24, 2015, an additional seven members and associates were indicted including:
• Eric Sears, 47, Buffalo
• Andre Jackson, 28, Buffalo
• Tyrell Skipper, 25, Buffalo
• Willie Griffin, 25, Buffalo
• Robert Brown, 52, Buffalo
• Samuel Walker, 50, Buffalo
• Tywone Smothers, 36, Buffalo
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the culmination of an investigation on the part of the FBI's Safe Streets Task Force which includes representatives of the Amherst Police Department; the Buffalo Police Department; U.S. Border Patrol, the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Cheektowaga Police Department; the Erie County Sheriff’s Department; the Hamburg Police Department; the Lancaster Police Department; the Niagara Frontier Transportation Authority Police; the New York State Department of Correctional Services; the New York State Police; and U.S. Immigration and Customs Enforcement, Homeland Security Investigations. Additional assistance was provided by the Drug Enforcement Administration; U.S. Customs and Border Protection, the United States Marshal Service, the Lackawanna Police Department, and the Niagara County Sheriff’s Department.
Santa Fe Woman Sentenced to Prison for Federal Oxycodone Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Sarah N. Romero, 35, of Santa Fe, N.M., was sentenced in federal court in Albuquerque, N.M., this morning to 18 months in federal prison followed by three years of supervised release for her Oxycodone trafficking conviction. Romero is one of five Santa Fe residents charged in Sept. 2013, with participating in an Oxycodone trafficking ring in a 16-count indictment.
Romero and her co-defendants, Ashraf Nassar, 31, Phillip Anaya, 38, Krystal Holmes, 28, and Daniel Trujillo, 32, were arrested as part of a multi-agency law enforcement operation that included the execution of search warrants at three residences and a business in Santa Fe. The investigation, “Operation High Desert Bash,” was initiated in Jan. 2013 by the DEA’s Tactical Diversion Squad in Albuquerque, N.M., the Santa Fe Police Department and HIDTA Region III Narcotics Task Force in response to the epidemic increase in prescription drug abuse, addiction and overdose deaths in New Mexico, particularly among teens and young adults.
Operation Desert Bash investigation was designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. The investigation primarily targeted a drug trafficking organization unlawfully distributing quantities of Oxycodone in Santa Fe County. Oxycodone is an opioid narcotic pain reliever similar to morphine that is medically prescribed to treat moderate to severe pain and can be habit-forming. Officers seized approximately 7300 mg of Oxycodone during the investigation.
Count 1 of the 16-count indictment charged the five defendants with conspiracy to distribute Oxycodone in Santa Fe County between Dec. 2012 and Sept. 2013. Counts 2 through 4 of the indictment charged Nassar, Anaya and Holmes with substantive Oxycodone distribution offenses, and all five defendants were charged with using telephones to facilitate drug trafficking crimes in Counts 5 through 16.
Romero pled guilty on Oct. 28, 2014, to a conspiracy count and admitted her participation in a conspiracy to distribute Oxycodone in the Santa Fe area between Dec. 2012 and Sept. 2013. Romero further admitted that she would frequently receive oxycodone from Nassar which she would then redistribute, and would also supply Nassar with oxycodone which he would redistribute. Romero is responsible for trafficking 6, 240 mg of oxycodone.
Two of Romero’s co-defendants also have entered guilty pleas. Anaya pled guilty on Nov. 19, 2014, and Trujillo pled guilty on Jan. 30, 2015. Each admitted participating in the Oxycodone trafficking conspiracy and admitted receiving Oxycodone from Nassar which they redistributed. Under the terms of their respective plea agreements, Anaya will be sentenced to 46 months in federal prison and Trujillo faces a statutory maximum penalty of 20 years in federal prison. Both men remain in custody pending sentencing hearings.
Nassar and Holmes have entered pleas of not guilty and are awaiting trial. Charges in indictments are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Tactical Diversion Squad of the DEA’s Albuquerque office, the Santa Fe Police Department and the HIDTA Region III Drug Enforcement Task Force, and is being prosecuted by Assistant U.S. Attorneys Shammara H. Henderson and Joel R. Meyers.
DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.
The HIDTA Region III Drug Enforcement Task Force is comprised of officers from the New Mexico State Police, Santa Fe Police Department and Santa Fe County Sheriff’s Office. It is part of the High Intensity Drug Trafficking Areas (HIDTA) program which 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.
This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
San Jose, California Man Pleads Guilty to Federal Drug Related Charges in IdahoRead the Press Release
POCATELLO – Miguel Gutierrez-Munoz, 40, of San Jose, California, pleaded guilty today in United States District Court to conspiracy to distribute methamphetamine, U.S. Attorney Wendy J. Olson announced. Gutierrez-Munoz was indicted by a federal grand jury on September 23, 2014.
According to the plea agreement, between February 18, 2014 and March 20, 2014, there was an agreement between the defendant and others to distribute methamphetamine. On March 20, 2014, the defendant assisted a co-defendant in storing in excess of fifty grams of methamphetamine at a storage shed in Idaho Falls, Idaho. This methamphetamine was intended to be distributed to other individuals.
Gutierrez-Munoz’ charge is punishable by ten years to life in prison, a maximum fine of ten million dollars, and at least five years of supervised release.
Sentencing is set for June 24, 2015, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
The case was the result of a joint investigation of the Organized Crime and Drug Enforcement Task Force (OCDETF), led by the Drug Enforcement Administration, in conjunction with, U. S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Bonneville County Sherriff’s Office, Idaho Falls Police Department, Idaho State Police, and the Bonneville County Prosecutor’s Office.
The OCDETF program is a federal multi agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
Roswell Felon Sentenced to Prison for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Carlos Franco, 35, of Roswell, N.M., was sentenced this afternoon in federal court in Las Cruces, N.M., to 27 months in prison followed by three years of supervised release for violating the federal firearms laws.
Franco was arrested on Feb. 26, 2014, on an indictment charging him with being a felon in possession of a firearm and ammunition, on June 5, 2013, in Chaves County, N.M. At the time, Franco was prohibited from possessing firearms or ammunition because he previously had been convicted of second degree murder and aggravated battery with a deadly weapon.
On Sept. 2, 2014, Franco pled guilty to the indictment, and admitted possessing a pistol and multiple round of ammunition on June 5, 2013.
This case was investigated by the Las Cruces office of Bureau of Alcohol, Tobacco, Firearms and Explosives and the Chaves County Sheriff’s Office. Assistant U.S. Attorney Luis A. Martinez of the U.S. Attorney’s Las Cruces Branch Office prosecuted this case.
Rochester Man Sentenced for Bank RobberyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Raul Abidel Martinez, 34, of Rochester, NY, who was convicted of bank robbery, was sentenced to 60 months in prison by Chief U.S. District Court Judge Frank P. Geraci.Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that on August 23, 2011, Martinez walked into the M&T Bank on Lyell Avenue in Rochester and handed the teller a note demanding money. Among other things, the defendant said in his note that he had an AK-47. The teller gave Martinez some money and a dye pack which activated as soon as the defendant left the bank causing him to flee down Lyell Ave covered in red dye. The defendant was apprehended shortly thereafter by Rochester Police officers who responded to the silent alarm activation at the bank. Rochester Police enlisted the investigative assistance of the Federal Bureau of Investigation. At the time he robbed the M&T Bank, the defendant was on federal supervised release following a 2007 conviction for being a felon in possession of a firearm.
The sentencing is the culmination of an investigation on the part of Officers of the Rochester Police Department, under the direction of Chief Michael Ciminelli and Special Agents of the Federal Bureau of Investigation.
Raceland Man Indicted for Possession of Child PornographyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JAMIE PLAISANCE, age 38, of Raceland, was indicted today for possession of child pornography.
On March 16, 2015, special agents with the U.S. Department of Homeland Security, Homeland Security Investigations, arrested PLAISANCE during the execution of a federal search warrant at his Raceland home. Agents found that PLAISANCE was in possession of several items, including an Apple I-Touch and cellular phones that contained images depicting the sexual victimization of prepubescent children. PLAISANCE appeared in federal court on March 17, 2015, and was detained by a United States Magistrate Judge.
Court records also revealed that PLAISANCE has a prior federal conviction for possession of child pornography.
U. S. Attorney Polite reiterated that the Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
Due to his prior conviction, if convicted, PLAISANCE faces a mandatory minimum penalty of ten years imprisonment up to twenty years, followed by up to a life term of supervised release, and a $250,000.00 fine.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
U.S. Attorney Polite praised the work of the U.S. Department of Homeland Security, Homeland Security Investigations in investigating this matter. Fraud Unit Chief, Assistant U.S. Attorney Brian M. Klebba is in charge of the prosecution.
Postal Workers in Warrensburg, NKC IndictedRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced two postal workers were indicted by a federal grand jury today, in separate and unrelated cases, for stealing thousands of pieces of mail and for stealing money from a cash drawer.
USA v. Thompson
David Thompson, 54, of Warrensburg, Mo., was charged with the delay and destruction of mail by a postal employee. Thompson, who began his career with the U.S. Postal Service in 1990, was the regular mail carrier assigned to a delivery route from the Warrensburg post office on 201 E. Gay Street.
Today’s indictment alleges that Thompson stole at least 20,000 pieces of mail addressed to 5,571 recipients. Thompson allegedly threw the mail into a dumpster or kept it in his house and personal vehicle rather than delivering the mail to its recipients.
According to the indictment, Thompson’s supervisors suspected in late 2013 that he was drinking alcohol while on duty and while delivering mail on his official route. During their investigation, postal inspectors installed a covert camera in his delivery vehicle. From Dec. 16, 2013, to Jan. 18, 2014, the indictment says, Thompson was observed on video drinking five to eight beers each day while delivering his route. He allegedly hid the beers in his mail satchel and poured them into a cup, which he kept in his cup holder. The camera also revealed that Thompson was not delivering all of his mail, the indictment says, and that he was either throwing the mail away into a dumpster, or keeping it in his house and personal vehicle.
Postal inspectors recovered four black plastic trash bags of mail from the dumpster behind the Elk’s Lodge (where Thompson is a member and serves as Exalted Ruler) located at 822 E. Young Ave., Warrensburg, on Jan. 17, 2014. The four bags contained 44 pieces of first-class mail, 57 pieces of periodical mail and 463 pieces of standard mail. Based on the postmarks, the indictment says, it was confirmed that this mail should have been delivered by Thompson the week of January 11, 2014.
Thompson allegedly threw additional pieces of mail into dumpsters and secreted mail to his residence and to his personal vehicle, in order to save time and to enable him to complete his route on time, and because secreting and throwing away some of the mail made for smaller bundles of mail, which were easier for him to handle.
USA v. Crisp
Jacob Crisp, 24, formerly of Kansas City, Mo., was charged with misappropriating federal postal funds.
According to today’s indictment, Crisp was a sales and service distribution associate working at the front counter of the North Kansas City, Mo., post office. From June 3, 2013, to Feb. 11, 2014, Crisp allegedly engaged in a scheme to void $5,040 worth of retail transactions in the post office’s computer system and replace them with no-sale transactions. This allowed him to embezzle the money paid by customers for post office products, including stamps, the indictment says.
The indictment cites several instances in which Crisp was observed on video conducting sales transactions, but hitting the “void” key so that the sale wasn’t recorded in the computer terminal. Crisp was also observed on video taking money from the cash drawer and putting it in his pocket, the indictment says.
These cases are being prosecuted by Assistant U.S. Attorney Daniel M. Nelson. They were investigated by the U.S. Postal Service Office of Inspector General.
Dickinson cautioned that the charges contained in these indictments are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
Postal Worker Indicted for Theft of MailRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JOHNNY BAHAM, age 53, of Mandeville, was indicted today for theft of mail.
According to the Indictment, BAHAM was employed as a contract letter carrier in Mandeville, Louisiana. A federal investigation revealed that in December 2014, BAHAM stole first class mail containing two $75.00 Master Card gift cards from his mail route.
If convicted, BAHAM faces a maximum penalty of five years imprisonment, followed by up to three years of supervised release, and a $250,000 fine.
U.S. Attorney Polite reiterated that the Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the U.S. Postal Inspection Service, Office of Inspector General in investigating this matter. Fraud Unit Chief, Assistant U.S. Attorney Brian M. Klebba is in charge of the prosecution.
Philadelphia Resident Charged with Illegal Reentry After DeportationRead the Press Release
PHILADELPHIA - Jose Nelio Silvestre-Ortega, 40, of Philadelphia, PA, was charged today by indictment with illegal reentry after deportation, announced United States Attorney Zane David Memeger. The indictment alleges that on or about February 27, 2015, Silvestre-Ortega, an alien, and native and citizen of the Dominican Republic, was found in the United States after having been deported from the United States on or about September 29, 2011.
If convicted the defendant faces a maximum possible sentence of 20 years.
The case was investigated by Immigration and Customs Enforcement and is being prosecuted by Special Assistant United States Attorney Josh A. Davison.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.