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24 March 2015
Dunbar heroin dealer sentenced to nearly four years in federal prisonRead the Press Release
Charleston, W. Va. - United States Attorney Booth Goodwin announced that William Leon Sales, 37, of Dunbar, West Virginia was sentenced by United States District Judge John T. Copenhaver, Jr., to 46 months in prison for a federal drug offense.
On July 16, 2014, officers with the Metropolitan Drug Enforcement Network Team found about 75 grams of heroin and $4000 in cash in Sales’ home in Dunbar. Sales admitted that he intended to distribute the heroin in the Dunbar area. On July 1, 2014, Sales also provided a gram of heroin to a middleman who sold it to a confidential informant for $150. At the time, Sales told the informant that he had another half-ounce of heroin at home if the informant wanted more.
The Metropolitan Drug Enforcement Network Team conducted the investigation. Assistant United States Attorney Jennifer Rada Herrald was responsible for the prosecution.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
Doctor Sentenced to Nine Months in Prison for Taking Cash Kickbacks on Patient Referrals, Failing to Report Nearly $1 million in IncomeRead the Press Release
NEWARK, N.J. - A doctor practicing family medicine in East Orange, New Jersey, was sentenced today to nine months in prison for receiving cash kickbacks for diagnostic testing referrals and failing to file tax returns on almost $1 million in income over a three-year period, U.S. Attorney Paul J. Fishman announced.
Yash Khanna, 73, of Livingston, New Jersey, previously pleaded guilty before U.S. District Judge Claire C. Cecchi to a six-count superseding indictment charging him with conspiracy to violate the federal health care anti-kickback statute; soliciting and receiving more than $10,000 in illegal cash kickbacks for patient referrals in violation of the anti-kickback statute; and failing to file tax returns for tax years 2008, 2009 and 2010. Judge Cecchi imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:
From 2009 through 2011 Khanna owned and operated his own medical practice, Family Medicine and Pediatrics LLC. He agreed with representatives of diagnostic testing facility Orange Community MRI LLC (Orange MRI) to accept cash in exchange for Medicare and Medicaid patient referrals. Khanna admitted meeting with an Orange MRI representative at his office on Oct. 4, 2011, Nov. 10, 2011, and other occasions to receive envelopes containing cash kickbacks.
Khanna also admitted to earning income of more than $381,000 in 2008, $400,000 in 2009, and $214,000 in 2010. He intentionally failed to file tax returns or ask for extensions during those years.
In addition to the prison term, Judge Cecchi sentenced Khanna to serve one month of house arrest and three years of supervised release. He was fined $30,000 and ordered to forfeit $10,400.
U.S. Attorney Fishman credited special agents of the U.S. Department of Health and Human Services, Office of the Inspector General, under the direction of Special Agent in Charge Scott J. Lampert; special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Jonathan D. Larsen; and criminal investigators with the U.S. Attorney’s Office, with the investigation leading to today’s sentencing.
The government is represented by Deputy Chief Scott B. McBride of the U.S. Attorney’s Office’s Economic Crimes Unit and Deputy Chief Joseph G. Mack of the U.S. Attorney’s Office’s Health Care and Government Fraud Unit.
U.S. Attorney Paul J. Fishman reorganized the health care fraud practice at the New Jersey U.S. Attorney’s Office shortly after taking office, including creating a stand-alone Health Care and Government Fraud Unit to handle both criminal and civil investigations and prosecutions of health care fraud offenses. Since 2010, the office has recovered more than $635 million in health care fraud and government fraud settlements, judgments, fines, restitution and forfeiture under the False Claims Act, the Food, Drug and Cosmetic Act and other statutes.
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Defense counsel: Christopher L. Patella Esq., Bayonne, New Jersey
Después de la Revisión Realizada por el Departamento de Justicia, el Tribunal Estatal de Hawai Se Compromete a Brindar Acceso Igualitario para Personas que No Hablen InglésRead the Press Release
WASHINGTON – El Departamento de Justicia anunció hoy que ha finalizado su revisión del Programa de Acceso Idiomático del Poder Judicial de Hawai después de haberle brindado asistencia técnica a dicho Poder Judicial. La Sección de Coordinación y Cumplimiento Federal [Federal Coordination and Compliance Section (FCS)] de la Sección de Derechos Civiles del departamento comenzó su trabajo después de haber recibido quejas acerca de la provisión de servicios idiomáticos a personas con conocimientos limitados del idioma inglés [Limited English Proficient (LEP)] por el sistema judicial, en procesos jurídicos estatales y procedimientos del tribunal, en supuesta violación del Título VI de la Ley de Derechos Civiles de 1964. El Título VI exige que los beneficiarios de asistencia financiera federal, tales como los tribunales, brinden sin cargo servicios idiomáticos competentes a personas LEP en procedimientos y acciones judiciales. Casi el 13 por ciento de la población de Hawai es LEP.
El departamento y el Poder Judicial de Hawai trabajaron en conjunto en realizar una serie de mejoras en los servicios idiomáticos. Los logros del Poder Judicial incluyen:
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La emisión de una política clara que indica que se les proporcionará a todas las personas LEP interpretación jurídica sin cargo en procedimientos judiciales, y que también se brindarán servicios idiomáticos para otros trámites judiciales.
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La implementación de una campaña de concientización para mejorar los conocimientos del público acerca de cómo acceder a los servicios idiomáticos del tribunal, lo que incluye la creación de materiales de extensión multilingües, tanto impresos como en Internet. También optimizó su portal de Internet para facilitar la búsqueda de información sobre sus servicios de asistencia idiomática, y creó 14 páginas que contienen todas las traducciones a diferentes idiomas en un solo lugar.
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Comenzar a crear un sistema de quejas acerca de la asistencia idiomática.
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La revisión de su sistema de asignación de intérpretes judiciales, capacitación de intérpretes y la provisión de capacitación obligatoria al personal judicial sobre el proceso de asignación de intérpretes.
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La implementación de medidas de supervisión para garantizar que el programa de acceso idiomático cumpla con el Título VI.
“Felicito al Poder Judicial de Hawai por su labor proactiva de brindarles a todas las comunidades acceso a la justicia, independientemente del idioma que hablen”, señaló la Fiscal General Auxiliar (en funciones) Vanita Gupta de la División de Derechos Civiles. “Los resultados que observamos en Hawai prueban lo que se puede lograr con la colaboración y la cooperación. Hawai sabe que su trabajo no ha terminado, y nos complacerá tener la oportunidad de seguir brindándoles asistencia siempre que la necesiten”.
El departamento viene trabajando con tribunales de todo el país en mejorar el suministro de servicios idiomáticos a personas LEP. El año pasado, lanzó también Herramienta de planificación del acceso idiomático y asistencia técnica para los Tribunales (en inglés) que les provee a los sistemas judiciales una serie de preguntas para tener en cuenta al desarrollar e implementar planes para brindar asistencia idiomática.
Haga clic aquí para más información sobre la FCS. Para más recursos relacionados con las personas LEP, diríjase al portal de Internet de LEP Interagencias Federal.
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Dallas Woman Admits Role in March 2014 Overdose Death of Dallas TeenagerRead the Press Release
DALLAS — A 27-year-old Dallas woman appeared in federal court this morning before U.S. Magistrate Judge Paul D. Stickney and pleaded guilty to a felony drug offense stemming from her role in the March 2014 heroin overdose death of a Dallas teenage girl, Rian Lashley, announced John Parker, Acting U.S. Attorney for the Northern District of Texas.
Cierra Allyn Rounds pleaded guilty to one count of conspiracy to possess with the intent to distribute a controlled substance. She faces a maximum statutory sentence of 20 years in federal prison and a $1 million fine. Rounds remains in custody pending sentencing, which is set for September 8, 2015, before U.S. District Judge Sam A. Lindsay.
A federal grand jury in Dallas returned a three count indictment in September 2014 charging Rounds and her two co-defendants, Glen William Brunton, 28, and Kathryn Grace Dirks, 25, each with one count of conspiracy to possess with intent to distribute a controlled substance (heroin); one count of possession of a controlled substance with intent to distribute, the use of said substance resulting in the death and serious bodily injury of Rian Lashley; and one count of distribution of a controlled substance (heroin), the use of said substance resulting in the death and serious bodily injury of Rian Lashley. Brunton is set for trial before Judge Lindsay on April 6, 2015; Dirks remains a fugitive.
According to plea documents filed in the case, during the early morning hours of March 25, 2014, Rounds and Brunton traveled from a residence in Dallas to an IHOP restaurant in Plano, Texas. After arriving at the restaurant, Rounds and Brunton joined Dirks, a local heroin distributor known as “J.C.,” and Lashley at a booth, and the group at breakfast together. While sitting in the booth, Rounds and the others became aware that Lashley possessed a large sum of money, approximately $3,000, a cell phone and an iPad.
Rounds admitted that later that morning, in the IHOP parking lot, J.C. delivered five baggies of “China White” heroin to Brunton and that Brunton subsequently distributed the heroin to Lashley in exchange for $100 cash. Rounds and the others learned through conversations with Lashley that she had never used heroin prior to that day. After acquiring the heroin, Rounds, Dirks and Lashley left the IHOP in Lashley’s vehicle, and they traveled to a residence in Dallas where Rounds was living. J.C. and Brunton departed the IHOP in a separate vehicle.
While traveling to the Dallas residence, Rounds used Lashley's cell phone to send a series of text messages to J.C., including their proximity to the residence and a text message advising J.C. that “…I figured ud want me on this money.” Rounds admitted that when she sent this message to J.C. she was notifying him that she understood that she was to attempt to steal the money Lashley possessed and turn it over to J.C. As Rounds and the others arrived at the Dallas residence, Rounds sent another text message to J.C. asking if she should take Lashley and Dirks inside. J.C. responded with a text message that read, “Don’t leave don’t let them leave.” Rounds understood the message to mean to take Lashley into the residence and to keep her there.
Once inside the residence, Rounds and Dirks, aided and abetted by each other, and at Lashley’s request, took possession of the heroin that was originally supplied by J.C. and used a syringe to inject heroin into Lashley. Shortly before that heroin injection was administered, Rounds sent a text message to J.C. stating “…ima bout to shoot her up for her first time.” Rounds admitted that she hoped the heroin injection would incapacitate Lashley in such a way to allow Rounds to steal the money that Lashley possessed.
Rounds admitted that later that afternoon, Lashley began showing signs of distress, and she and Dirks placed Lashley in a bathtub of ice water in an attempt to reverse the effects of the heroin. After Lashley was removed from the tub, Lashley was placed on a couch and appeared to go to sleep.
Lashley died later that evening as a direct result of the heroin that was administered to her. An autopsy performed at the Southwestern Institute of Forensic Sciences on March 26, 2014, concluded that Lashley died as a result of the toxic effects of heroin.
The Dallas Police Department and the FBI investigated this case. Deputy Criminal Chief Assistant U.S. Attorney Rick Calvert and Assistant U.S. Attorney Phelesa Guy are prosecuting.
Craig Whigum Sentenced for Hobbs Act Robbery and Possession of A Firearm in Furtherance of A Crime of ViolenceRead the Press Release
FORT WAYNE – United States Attorney for the Northern District of Indiana, David Capp, announced that Craig Whigum, 21, of Fort Wayne, Indiana, was sentenced today, for Interference with Commerce by Robbery (Hobbs Act Robbery) and Possession of a Firearm in Furtherance of a Crime of Violence. Whigum was the last of four defendants to be charged with the November 13, 2012, armed robbery of Shooters Guns, a federally licensed firearms dealer located in New Haven, Indiana.
Whigum was sentenced to a total of 153 months imprisonment, 2 years of supervised release and ordered to pay $23,672.14 in restitution to the victim of the offense.
“This case highlights the outstanding cooperative work by our federal, state and local law enforcement team in Fort Wayne. We will continue to investigate, and where appropriate, bring substantial federal charges against violent offenders,” said United States Attorney Capp.
On November 13, 2012, Whigum was in a vehicle with other individuals for the purpose of robbing firearms from Shooters Guns, a federal firearms licensee then located in New Haven, Allen County, Indiana. After arriving at Shooters Guns, Whigum and a codefendant, Brenton Ennis, entered the business and displayed firearms to the two individuals in the store, the owner of Shooters and a person who was visiting the owner. Ennis and Whigum demanded money and keys from both victims while ordering them to the ground. Whigum assaulted the visitor, causing injuries requiring immediate medical attention. Before exiting the store, Ennis and Whigum stole 20 handguns and 3 long guns in addition to all the ammunition they could carry. On the way out of the store, Ennis fired a single 9mm round inside the establishment.
Ennis and Whigum returned to their vehicle and fled from the store at a high rate of speed. The description of the vehicle was reported to police. Officers caught up to the vehicle and attempted to stop the vehicle, but it did not pull over, instead the car hit another vehicle at an intersection and came to rest in front of a concrete barrier. Whigum was apprehended in the vehicle. Orlando Paschall was apprehended a short distance from the vehicle. Ennis was later apprehended by agents from the Bureau of Alcohol Tobacco Firearms and Explosives (ATF). Devonte Travier, who was not an occupant in the vehicle, was also later apprehended by ATF, and charged with conspiracy to commit robbery.
The other three defendants have previously been sentenced as listed below:- Brenton Ennis, 20, of Fort Wayne, Indiana was sentenced on December 2, 2014 to 166 months imprisonment, 2 years supervised release and ordered to pay $23,672.14 in restitution.
- Orlando Paschall, 23, of Indianapolis, Indiana was sentenced on March 11, 2015 to 130 months imprisonment, 2 years supervised release and ordered to pay $23,672.14 in restitution.
- Devonte Travier 20, of Fort Wayne, Indiana was sentenced on November 18, 2014 to 60 months imprisonment, 2 years supervised release and ordered to pay $23,672.14 in restitution.
This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Fort Wayne Police Department, Allen County Police Department and the New Haven Police Department. This case was prosecuted by Assistant United States Attorney Tina L. Nommay.
Columbus Man Sentenced for Assaulting U.S. Postal WorkerRead the Press Release
COLUMBUS, Ohio – Gregory D. Braxton, 29, of Columbus, was sentenced in U.S. District Court to 53 months in prison and five years of supervised release for robbing and assaulting a female U.S. Postal Service worker.
Carter M. Stewart, United States Attorney for the Southern District of Ohio and Christopher White, Assistant Inspector in Charge, U.S. Postal Inspection Service (USPIS) announced the sentence handed down today by U.S. District Judge Michael H. Watson.
According to court documents, on January 14, 2014, a U.S. Postal Service supervisor was delivering a parcel in Columbus, Ohio when Braxton parked his vehicle next to the postal vehicle and approached the worker. When the defendant said the package was his, the postal supervisor asked Braxton his name and for identification. Braxton got out of the car with what appeared to be his ID in his hand and approached the Postal Service worker.
Without warning, the defendant struck the Postal Service supervisor in the face, causing her serious bodily injury, and then stole the parcel and sped away from the scene. Investigators later learned that the package contained approximately six pounds of marijuana that had been shipped from an address in California.
Braxton pleaded guilty on October 14, 2014, to using force and violence to rob a U.S. Postal Service worker. He was also ordered to pay restitution to cover the victim’s medical expenses.“Medical records, presentence interviews, and the Postal Service employee’s testimony demonstrate that Braxton’s unprovoked attack caused his victim significant harm,” U.S. Attorney Stewart said. “The force of the blow to the victim’s face knocked her unconscious. We consider the defendant’s violent crime to be serious and we are holding him fully accountable for his conduct.”
U.S. Attorney Stewart commended the investigation by the USPIS, as well as Assistant United States Attorney Dave DeVillers and Special Assistant United States Attorney Brian Martinez, who represented the United States in this case.
Charleston man pleads guilty in federal court to distribution of heroinRead the Press Release
CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced today that James Darnell Walker, 31, of Charleston, pleaded guilty to distribution of heroin. Walker admitted that he sold heroin to a confidential informant working with law enforcement in Charleston on September 23, September 30, and October 11, 2014. On September 1, 2014, Walker was also found to have 600 individual packages of heroin in his possession that he intended to distribute.
United States District Judge John T. Copenhaver, Jr., presided over the plea hearing. Sentencing is scheduled for June 24, 2015.
The Charleston Police Department and the West Virginia State Police conducted the investigation. Assistant United States Attorney Jennifer Rada Herrald is in charge of the prosecution.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The United States Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
Branford Woman Who Failed to Pay Taxes on Money Received During Gifting Tables Scheme is SentencedRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that EILEEN BRENNAN, 78, of Branford, was sentenced today by U.S. District Judge Alvin W. Thompson in Hartford to one year of probation, the first six months of which BRENNAN must serve in home confinement, for failing to pay taxes on money she received while participating in a “Gifting Tables” pyramid scheme. BRENNAN also was ordered to perform 50 hours of community service and pay back taxes, interest and penalties.
According to court documents and statements made in court, a Gifting Table is configured as a four-level pyramid, with eight participants assigned to the bottom row, four participants assigned to the third row, two participants assigned to the second row, and one participant assigned to the top row. The top row participant is referred to as the “Dessert,” the two participants on the second row as “Entrees,” the four participants on the third row as “Soup and Salads,” and the eight participants on the bottom row as “Appetizers.” To join a Gifting Table, new participants were required to pay $5,000, typically cash, to the Dessert, that is, the participant occupying the top position on the pyramid. The $5,000 payment, which was fraudulently characterized as a gift, secured the new participant a position as an Appetizer on the bottom row.
Participants progressed from the bottom row of the pyramid by recruiting additional people to join the Gifting Table. When eight new participants joined a Gifting Table, each having made a $5,000 “gift” to the person occupying the Dessert position at the top of the pyramid, the Dessert left the Gifting Table and kept the $40,000 paid by the eight new participants. That particular Gifting Table was then split, with the two participants occupying the Entree position on the second row moving to the top position (Dessert) of two new pyramids. The other incumbent members of the Gifting Table moved up a row on one of the two newly-formed pyramids, and the search for 16 new participants began. The success of the Gifting Tables depended on new participants joining and making the $5,000 “gift.”
In 2008, 2009 and 2010, BRENNAN received $100,000 while participating in the Gifting Tables scheme. Even though she had been advised by an attorney that the money was taxable income and not a gift, she failed to pay federal income taxes on the money she received.
On August 19, 2014, BRENNAN pleaded guilty to one count of willful failure to file a return, supply information or pay tax.
This matter is being investigated by the Internal Revenue Service – Criminal Investigation Division and prosecuted by Assistant U.S. Attorneys Douglas P. Morabito and Peter S. Jongbloed.
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(203) 821-3722 [email protected]Bosarge Sentenced to Negligent Operation of a VesselRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Gerold Holt Bosarge was sentenced today in United States District Court for the Southern District of Alabama to a violation of Title 46, United States Code, Section 2302(b), Negligent Operations and Interfering with Safe Operations, a class A misdemeanor. Bosarge received one year of probation.
The conduct occurred June 2, 2014, when Bosarge was piloting the tow vessel LADY LONE STAR pushing a 175 foot barge loaded with 171,000 gallons of diesel fuel. The vessel ran aground in Bayou St. John just north of Ono Island and Perdido Pass. The vessel was approximately one mile off course from the Intracoastal Waterway. Bosarge later admitted to being under the influence of prescription medication that was prescribed to him as well as prescription medication that belonged to another individual while he was piloting the vessel.
Baltimore Carjacker Exiled to Almost 15 Years in PrisonRead the Press Release
Baltimore, Maryland – U.S. District Judge James K. Bredar sentenced Derrick Chapman, age 22, of Baltimore, today to 179 months in prison, followed by three years of supervised release, after Chapman pleaded guilty today to carjacking.
The guilty plea and sentence were announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge William P. McMullan of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Baltimore Police Commissioner Anthony W. Batts; and Baltimore City State’s Attorney Marilyn Mosby.
According to his plea agreement, on August 1, 2013, Chapman approached a man who was alighting from his vehicle in the 3400 block of Mayfield Avenue in Baltimore and forcibly demanded his car keys and money. Although Chapman was wearing a mask that partially covered his face, the victim recognized him. Chapman threatened the victim, and ordered him to run away. Chapman drove off in the victim’s car.
Several minutes later, Baltimore Police officers saw the stolen vehicle in the 4100 block of Parkside Drive in Baltimore. They tried to initiate a traffic stop, but the vehicle sped off, crashed into several cars and rolled over. Baltimore Police officers arrested Chapman and recovered the mask. Chapman was identified by the victim car owner.
United States Attorney Rod J. Rosenstein commended the ATF, Baltimore Police Department and Baltimore City State’s Attorney’s Office for their work in the investigation. Mr. Rosenstein thanked Special Assistant United States Attorney Matthew K. Hoff, a cross-designated Baltimore Assistant State’s Attorney assigned to Exile cases, who prosecuted the case.
Alaskan Man Convicted of Sexually Exploiting Children in CambodiaRead the Press Release
An Anchorage, Alaska, man was convicted yesterday for sexually exploiting children in Cambodia over the course of four years and attempting to arrange a child sex tourism trip for himself and others to Cambodia, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney Karen L. Loeffler of the District of Alaska.
Jason Jayavarman, 45, was convicted of sexual exploitation of children and attempted travel with the intent to engage in illicit sexual conduct in a foreign place. A sentencing hearing will take place before U.S. District Court Judge Sharon L. Gleason of the District of Alaska, and will be scheduled at a later date. Jayavarman remains in custody pending sentencing.
The evidence presented at trial established that Jayavarman had produced multiple videos of himself engaging in sexual acts with a child in Cambodia over the course of 12 trips between 2010 and his arrest in 2013. Jayavarman then transported the recordings back to the United States.
The evidence also detailed a trip that Jayavarman had planned for himself and others to Cambodia for the purpose of engaging in sexual activity with children as young as 12 years old. Unbeknownst to Jayavarman, one of the individuals was an undercover FBI agent. According to the evidence presented at trial, Jayavarman explained to the undercover agent how to groom a child for sex, how to avoid law enforcement and how to record high quality “mementos” of the sexual activity.
Jayavarman’s child exploitation activities came to light following a concerned citizen’s anonymous tip.
The case was investigated by the FBI and the Anchorage Police Department. The case was prosecuted by Trial Attorney Ravi Sinha of the Criminal Division’s Child Exploitation and Obscenity Section and Assistant U.S. Attorney Audrey J. Renschen of the District of Alaska.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, 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.
A Canadian Citizen Pled Guilty to Enticing a Minor to Engage in Sexual ActivityRead the Press Release
A Canadian citizen pled guilty to all four counts of a superseding indictment, which included two counts of enticing a person under the age of 18 to engage in sexual activity, one count of traveling to the United States for purposes of engaging in illicit sexual conduct with a person under the age of 18, and one count of knowingly transporting a visual depiction of a minor engaged in sexually explicit conduct, by means of interstate or foreign commerce.
Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, Alysa D. Erichs, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), and Scott Friedman, Assistant Special Agent in Charge, Florida Department of Law Enforcement (FDLE), made the announcement.
According to court documents and statements made in court, law enforcement agents established an undercover account on a social networking site for the purpose of finding individuals interested in engaging in sexual activity with underage children.
On October 9, 2014, Rene Roberge, 47, a user of the social networking site, sent a message to an undercover agent requesting a meeting with him and his minor son. Roberge stated that he was willing to travel from Canada to Florida for the meeting.
Between October 9, 2014 and November 7, 2014, Roberge utilized the social networking site and email communications to finalize his plans to travel from Canada to Florida, in order to engage in sexual activity with the undercover agent’s son, a person he believed to be 14 years of age. Roberge made reservations to stay at a hotel in Pompano Beach, Florida.
On November 9, 2014, Roberge flew into the United States and arrived at Fort Lauderdale-Hollywood International Airport. Roberge was apprehended and admitted to law enforcement that he had communicated with the undercover agent and his minor son via the internet. Roberge also admitted that he had booked flight and hotel reservations for the purpose of having sexual relations with the son in Florida. Roberge also admitted that he had planned to travel to Texas, following his visit to Florida, so that he could engage in sexual activity with a 15 year old boy he had met on the social networking site.
A forensic examination of the iPad Roberge had brought into the United States revealed between 150 and 300 files containing child pornography images.
Roberge is scheduled to be sentenced on June 4, 2015 at 2:00 p.m., by U.S. District Judge Michael K. Moore. At sentencing, Roberge faces a mandatory minimum term of 10 years imprisonment up to a statutory maximum term of life imprisonment.
Mr. Ferrer commended the investigative efforts of ICE-HSI, U.S. Customs and Border Protection, and FDLE. This case is being prosecuted by Assistant U.S. Attorney Francis Viamontes.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
23 March 2015
Yukon Tax Preparer to Serve 24 Months in Prison for Prepaing Tax Return for Client Falsly Claiming Entitlement to First-Time Homebuyer CreditRead the Press Release
Oklahoma City, Oklahoma – WILLIAM DAVID GREEN, a tax preparer from Yukon, Oklahoma, was sentenced to serve 24 months in federal prison for preparing a false tax return for a client, announced Sanford C. Coats, United States Attorney for the Western District of Oklahoma. Green was also ordered to pay $171,362.00 in restitution and serve one year of supervised release upon his release from prison.
Green was charged by information on August 14, 2014, with two separate counts. Count One alleged that Green prepared a false tax return for a taxpayer that falsely represented on Line 69 that the taxpayer was entitled to first-time homeowner credit in the amount of $7,266 when he knew the taxpayer was not because he did not purchase a home in 2008. Count Two charged Green with obstruction of the administration of Internal Revenue laws by preparing the 2010 tax return reflecting a balance of $5,046 due to the IRS from the taxpayer, collecting a check from the taxpayer payable to the IRS in that amount, depositing the check into his business account by altering the payee portion of the check and endorsing the check, failing to file the taxpayer’s tax return, and spending the money intended for the IRS for his own purposes.
Green pled guilty to both counts on September 3, 2014. Green was sentenced to serve 24 months in federal prison, serve one year of supervised release upon his release from prison, and pay $171,362.00 in restitution. He was ordered to report to the Bureau of Prisons on May 4, 2015, to begin serving his sentence.
This case is the result of an investigation by IRS Criminal Investigation and is being prosecuted by Assistant U.S. Attorney Susan Dickerson Cox.
York Man Sentenced to 10 Years in Prison for Heroin TraffickingRead the Press Release
The United States Attorney's Office for the Middle District Pennsylvania announced today that a York man has been sentenced for his involvement in heroin trafficking.
According to United States Attorney Peter Smith, Hector Rengifo, age 41, of York, Pennsylvania, was sentenced to 10 years in prison for his involvement in drug trafficking. Rengifo previously entered a guilty plea on August 4, 2014. In sentencing him, Senior U.S. District Court Judge Sylvia Rambo reviewed his prior record of drug trafficking, violence, and motor vehicle offenses and found that Rengifo was a career offender.
According to United States Attorney Peter Smith, Rengifo’s case is part of a multi-year investigation by the Pennsylvania State Police and the York County Drug Task Force, conducted with the assistance of the Federal Bureau of Investigation. In that investigation, hundreds of purchases of heroin, cocaine, and crack cocaine were made from individuals in York. That investigation resulted in arrests that began on February 6, 2013, in York County. Thereafter, a grand jury in Harrisburg indicted 15 individuals for leadership roles in the heroin and cocaine trafficking.
The status of the other cases is as follows:Angel Mendez-Castro, age 27, of Puerto Rico and York, entered a guilty plea to drug trafficking on January 29, 2015. He is awaiting sentencing.
Christian Mendez-Castro, a/k/a “King Rampage,” age 22, of York, entered a guilty plea to drug trafficking on January 29, 2015. He is awaiting sentencing.
Hector Castro Padro, a/k/a “Fernando,” age 29, of York, entered a guilty plea to drug trafficking and firearms offenses on January 29, 2015. He is awaiting sentencing.
William Ortiz, age 53, or York, entered a guilty plea to drug trafficking. On August 21, 2014, he was sentenced to 10 years in prison.
Luis Angel Ortiz, a/k/a “C Lo,” age 31, of York, entered a guilty plea to drug trafficking. On April 15, 2014, he was sentenced to 12 years and 6 months in prison.Jose Cartegena, Jr., a/k/a “Warrior,” age 35, of York, entered a guilty plea to drug trafficking. On April 28, 2014, he was sentenced to 5 years in prison.
Marcus Garcia, a/k/a “King Paradise,” age 28, of York, entered a guilty plea to drug trafficking. On September 5, 2014, he was sentenced to 6 years and 5 months in prison.
David Ramsey, a/k/a “King Knuckles,” age 32, of York, entered a guilty plea to drug trafficking. On December 9, 2014, he was sentenced to 5 years in prison.
Carlos Villalongo-Martinez, age 38 of York, entered a guilty plea to drug trafficking. On July 29, 2014, he was sentenced to 2 years in prison.
Brandon Jones, age 27, of York, entered a guilty plea to drug trafficking. On June 3, 2014, he was sentenced to 6 years in prison.
Antonio Navarro-Garcia, a/k/a “King Trigger,” age 22 of York, entered a guilty plea to drug trafficking. On November 25, 2014, he was sentenced to 5 years in prison.
Michael Enriquez, a/k/a “King Rage,” age 30, of Camden, New Jersey, entered a guilty plea to drug trafficking. On January 27, 2015, he was sentenced to 10 years in prison.
August Ranalli, age 31, of York, Pennsylvania, is scheduled for trial on March 31, 2015.
Daniel Pacheco-Morales, age 41, of York, Pennsylvania, is scheduled for trial on March 31, 2015.
Prosecution is assigned to Assistant United States Attorney Michael A. Consiglio.
Woman Sentenced to A Year in Federal Prison for Actively Concealing International Parental KidnappingRead the Press Release
The United States Attorney’s Office today announced the sentencing of Cori Lynn Mancuso on the charge of misprision of felony arising from the international parental kidnapping of three children to Saudi Arabia.
On March 19, 2015, U.S. District Court Judge Matthew W. Brann sentenced Cori Lynn Mancuso to imprisonment for a period of one (1) year followed by a two (2) year period of supervised release, and a special assessment of $100. Judge Brann directed that Mancuso be taken into custody following sentencing to begin service of the prison term.
According to United States Attorney Peter Smith, Mancuso previously pleaded guilty to a felony criminal information charging misprision of felony before Judge Brann on October 2, 2014. The information alleged that Mancuso actively concealed the kidnapping by Majed Sayed of his three minor sons in violation of a child custody and visitation order issued by the Lycoming Court of Common Pleas. According to the information, Sayed flew with the children to Saudi Arabia after picking them up for a scheduled visitation. The information charged that Mancuso, who is not the children’s mother, lied to the FBI and another individual concerning the whereabouts of the children and Sayed. On April 10, 2014, Mancuso and Sayed were indicted by a federal grand jury in Williamsport on international parental kidnapping and conspiracy charges. Mancuso pleaded guilty after entering into a plea agreement with the government. The charges against Sayed in the indictment remain open.
Mancuso resided in Williamsport at the time the children were abducted, but lived in Stroudsburg, Pennsylvania at the time of sentencing. Sayed, age 35, is presently living in Saudi Arabia with the children. Mancuso, age 22, was arrested at JFK International Airport on April 1, 2014 after arriving on a flight from Saudi Arabia.
The case was investigated by the Federal Bureau of Investigation. Prosecution is assigned to Assistant United States Attorney George J. Rocktashel.
West Virginia man sentenced to two years for unlawful possession of firearmRead the Press Release
MARTINSBURG, WEST VIRGINIA – Robert Jeffery Householder, 46, of Capon Bridge, West Virginia, was sentenced today to 24 months in prison for unlawful possession of a firearm, United States Attorney William J. Ihlenfeld, II, announced.
Householder was convicted in 2008 in the U.S. District Court for the Northern District of West Virginia of the felony offense of “Drug User in Possession of a Firearm.” As a result of the conviction, he was prohibited from possessing a firearm. He was discovered in August 2014 in possession of a 9mm pistol. As part of the sentence imposed today, Householder will forfeit the aforementioned pistol and assorted ammunition.Assistant U.S. Attorney Paul Camilletti prosecuted the case on behalf of the government. The Hampshire County Sheriff’s Office, the West Virginia State Police, and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
Chief U.S. District Judge Gina M. Groh presided.
Violent Gang Member Sentenced to 20 Years for Methamphetamine Trafficking with A FirearmRead the Press Release
SAN DIEGO – Daniel Vazcones, aka “D-Boy”, a longtime member of the violent Logan Heights criminal street gang was sentenced today in federal court to 20 years in prison for distributing methamphetamine while in possession of a firearm.
Vazcones pled guilty in September to drug- and weapons-related charges. At sentencing, and in court records, he admitted to distributing methamphetamine while in possession of a .40-caliber Glock semi-automatic handgun.
During the hearing, Assistant U.S. Attorney Mark Conover argued for a significant sentence, noting that Vazcones was a “dangerous violent gang member” who since his arrest had made multiple threats to kill police officers and others involved in his prosecution.
This case highlights an emphasis on the federal prosecution of cases involving violent gang members in the Southern District of California. This case was the result of a long-term investigation conducted by the Violent Crime Task Force - Gang Group, a group of federal, state, and local law enforcement agents led by the Federal Bureau of Investigation.
“We are absolutely committed to making our neighborhoods safe from violent gang activity and drug trafficking,” said U.S. Attorney Laura Duffy. “We will not allow our neighborhoods to become headquarters for drug-pushing, gun-toting gangsters.”
FBI Special Agent in Charge Eric Birnbaum stated, “Today's sentencing should send a message to all gang members that the FBI and our law enforcement partners will aggressively pursue gang activity and hold gang members accountable for their criminal activities.”
DEFENDANTS Case Number: Daniel Vazcones Age: 31 El Cajon, California CHARGESCount 1: Distribution of Methamphetamine-21 U.S.C. § 841(a)(1)
Maximum Penalties: Up to life in prison; 10 year mandatory minimum.Count 2: Possession of Firearm in Furtherance of Drug Trafficking Crime-18 U.S.C. § 924(c)
INVESTIGATING AGENCIES
Mandatory 5 years’ imprisonment consecutive to drug trafficking sentenceFederal Bureau of Investigation
United States Sues to Block San Diego Man Posing as Attorney and CPA from Promoting Bogus Tax Schemes and Preparing Fraudulent ReturnsRead the Press Release
The United States has sued a former attorney and certified public accountant to bar him from promoting and implementing tax fraud schemes and preparing tax returns for others, the Justice Department announced today.
The lawsuit, filed in the U.S. District Court for the Southern District of California, alleges that Lawrence Preston Siegel, aka Larry Lave, Yehuda Lave and Larry Easy, falsely represented that he is a licensed attorney and CPA in order to solicit business for his tax practice.
According to the civil injunction suit, Siegel pleaded guilty to one count of tax evasion and two counts of subscribing false tax returns in 1994. He subsequently resigned from the California bar in 1994, lost his CPA license in 1997, and never regained either accreditation, according to the suit. The complaint alleges that following his release from federal prison in 2001 for additional convictions, Siegel established a tax practice and stated online that he is an “[i]interesting combination of a Tax Lawyer and CPA who is also a Rabbi trained in Spirituality.” Siegel, the complaint alleges, claimed to others that his “goal as a spiritual Rabbi, Tax Attorney and CPA is to save people money without going to jail … Everybody wants to pay very little tax, I do it legally and morally under the Torah.”
According to the complaint, among his tax fraud schemes, Siegel falsely advised his customers, typically high earners who own profitable businesses, that they can establish companies in Nevada and treat their California home as an out-of-state corporate office. Siegel falsely claimed that doing so would transform a vast array of non-deductible personal expenses into tax deductible business expenses, according to the suit. According to the complaint, Siegel boasted about this tax fraud scheme in e-mails, including one where he falsely claimed that his customers are entitled to free housing as tax-free compensation from their out-of-state companies and that “[t]he housing can [b]e luxurious and cost thousands a [] month” because “[t]here is an assumption that corporations don’t waste money.”
In another scheme, Siegel falsely advises his customers to enter into sham license agreements to purportedly lease their professional skills and expertise to the out-of-state companies Siegel established for them, according to the suit. Under these license agreements, the companies paid royalties to the customers in exchange for use of the customers’ professional skills and expertise, according to the complaint. Siegel allegedly promoted and implemented this scheme to mischaracterize income customers received from their out-of-state companies, which is subject to employment taxes, as royalty payments, which Siegel falsely claimed as exempt from employment taxes.
The complaint alleges that, in conjunction with his tax fraud schemes, Siegel prepared customer tax returns, and in some instances, filed tax returns without obtaining his customers’ permission to file. In preparing returns, Siegel falsely claimed customers’ personal purchases as deductible business expenses, including purchases at Tiffany & Company and Louis Vuitton, and with Royal Caribbean Cruise Lines and Princess Cruise Lines, according to the suit. Siegel attempted to conceal these false deductions from the Internal Revenue Service (IRS) by reporting them as large expenses for “supplies” or “medical records and supplies,” according to the government’s complaint.
According to the complaint, Siegel also attempted to delay and obstruct IRS examinations of his customers. Siegel allegedly provided false corporate documents to the IRS in order to deceive auditors, produced bogus contracts to IRS auditors, and lied to IRS officials during U.S. Tax Court litigation when asked to confirm information on behalf of his customers, according to the suit.
Return preparer fraud is one of the IRS’ Dirty Dozen Tax Scams for 2015. The IRS has some tips on their website for choosing a tax preparer, and has launched a free directory of federal tax preparers. In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers and tax scheme promoters. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
U.S. Attorney’s Office Spearheads National Youth Violence Prevention Week Events in BostonRead the Press Release
BOSTON – For the second consecutive year, city, state, and federal officials in Boston will present events for young people in recognition of National Youth Violence Prevention Week, March 23-27, 2015.
A citywide Peace Rally at the Reggie Lewis Center at Roxbury Community College on March 26th from 5:30 to 7:30 pm, hosted by radio personalities, DJ Pup Dawg, DJ Maverik, and DJ EDubble from JAM’N 94.5, will be the highlight of the week. At the rally, the winners of the anti-violence themed contest for Boston students will be announced and the event will also feature the Vine Street Dancers, the Seekers of Knowledge dance group, and surprise audience-participation contests. Officials from the Mayor’s Office, Suffolk County District Attorney’s Office, and Boston Police Department will attend. Over 250 people attended the 2014 Rally.
The Boston Interagency Committee on Violence Prevention announced creative anti-violence themed contests in schools and community centers several weeks ago. Boston students in grades K-5 submitted posters with a theme of “Youth Standing Strong Against Violence;” grades 6-8 entered poetry with the same theme; and high school students were invited to create hip-hop music videos with an anti-violence message.
Prizes for the top entries include Red Sox tickets and a spotlight on JAM’N 94.5’s “Saturday Night Jump Off.” Sponsoring schools or community centers will also receive Staples gift cards in recognition of their support. Last year’s video contest winner appeared in a television interview with the Boston Police Department’s Chief Superintendent William Gross.
Another event taking place in Boston during National Youth Violence Prevention Week will be held at the Martin Luther King, Jr. K-8 School on March 24th. The school will be the site of a half-day program for students, encouraging positive decision-making and alternatives to violence. For the first time, the U.S. Attorney’s “Your Future, Your Decision” program will be combined with the Suffolk County District Attorney’s “Overcoming Violence” program, both designed to provide role models, positive options, and constructive activities for out-of-school time.
The Boston Interagency Committee on Violence Prevention consists of representatives from the U.S. Attorney’s Office, Boston Police Department, Suffolk County District Attorney’s Office, Boston Centers for Youth & Families, and Suffolk County Sheriff’s Department.
Sponsors of the event include Roxbury Community College, Longwood Security, MassHousing, Crystal Rock Beverages, Boston Police Athletic/Activities League, and the Youth Violence Prevention Funders Learning Collaborative.
For further information, visit www.cityofboston.gov/bcyf/programs and click on “Youth Standing Strong Against Violence,” or send an email to [email protected].
U.S. Attorney and HHS Ensure Effective Communication with the Hearing Impaired at St. Francis HospitalRead the Press Release
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The U.S. Attorney’s Office for the District of Connecticut and the U.S. Department of Health and Human Services, Office for Civil Rights (OCR), have entered into a voluntary resolution agreement with St. Francis Hospital and Medical Center in Hartford to ensure effective communication with and enhance the quality of services for persons who are deaf or hard of hearing.
The matter was initiated by a complaint filed with the Department of Justice (DOJ) alleging violations of Title III of the Americans with Disabilities Act (ADA). Specifically, the complainant alleged that St. Francis Hospital and Medical Center (“St. Francis Hospital”) failed to provide auxiliary aids and services when necessary to ensure effective communication with him during multiple admissions to St. Francis Hospital. Title III of the ADA prohibits public accommodations, including hospitals, from discriminating on the basis of disability in the full and equal enjoyment of their goods, services, facilities, privileges, advantages or accommodations.
In cooperation with DOJ, OCR initiated a compliance review of St. Francis Hospital with regard to the Hospital’s policies and procedures for ensuring effective communication with individuals who are deaf or hard of hearing to determine the Hospital’s compliance with Section 504 of the Rehabilitation Act of 1973. Section 504 of the Act prohibits discrimination on the basis of disability in any program or activity receiving federal financial assistance.
As a result of these investigative efforts, concerns were raised regarding whether St. Francis Hospital has been implementing adequate policies and procedures to ensure effective communication with deaf or hard of hearing individuals.
Under the agreement, which resolves both the DOJ complaint investigation and OCR compliance review, St. Francis Hospital is obligated to take several critical steps toward improving access to appropriate communication services for deaf and hard of hearing individuals, including revising its policies and procedures as necessary, revising its training as necessary, and performing an assessment of the need for auxiliary aids and services for patients and their companions.
St. Francis Hospital also agreed to pay the complainant $45,000 in compensatory relief.
The agreement is effective for three years, during which time both OCR and the U.S. Attorney’s Office will monitor St. Francis Hospital’s compliance.
A copy of the voluntary resolution agreement may be found here.
This matter was handled by Assistant U.S. Attorney Brenda Green.
To learn more about the ADA and its application to places of public accommodation, call the Justice Department’s toll-free ADA information line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722 [email protected]Two Local Marijuana Traffickers Sentenced to PrisonRead the Press Release
McALLEN, Texas – Two McAllen men have received significant sentences for conspiring to possess with the intent to distribute marijuana and conspiring to launder the drug proceeds, announced U.S. Attorney Kenneth Magidson. Alberto Alaniz, 51, and Jose Ramon Romo, 30, pleaded guilty to the charges May 29, 2014.
Today, U.S. District Judge Randy Crane ordered Alaniz to serve 262 months in federal prison, while Romo received a sentence of
120 months. Alaniz will also serve 10 years of supervised release following completion of the prison term, while Romo will serve a five-year-term.The investigation revealed that from 2008 through 2013, Alaniz and Romo conspired to transport large amounts of marijuana from the Rio Grande Valley to various destinations via tractor-trailers. During the investigation, law enforcement was able to seize several loads of marijuana, including 1,799 kilograms on June 16, 2011, and 442 kilograms on Feb. 10, 2012. In addition, agents seized hundreds of thousands of dollars in currency from both defendants as part of the investigation.
Alaniz was taken into custody, while Romo was permitted to voluntarily surrender to authorities at a later date.
The investigation leading to the charges was conducted by the Drug Enforcement Administration and Internal Revenue Service - Criminal Investigation. Assistant U.S. Attorney James Sturgis prosecuted the case.
Two Latvian Women Plead Guilty to Wire Fraud 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 Janis Tonis, 32, and Veronika Krutova, 26, of Latvia, pleaded guilty before U.S. Magistrate Judge Leslie G. Foschio, to conspiracy to commit wire fraud. The charges carry a maximum penalty of 20 years in prison, a fine of $250,000, or both.Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated that the defendants, along with other co-conspirators, defrauded financial institutions and victim businesses by sending false wire transfer requests. Participants in the scheme used stationary from victim businesses to authorize wire transfer requests at the financial institutions. The defendants attempted to defraud a total of $80, 928 from the financial institutions.
The defendants also defrauded online purchasers of motor vehicles by posting cars for sale online, the defendants instructed the buyers to send money to bank accounts they controlled and then took the money and disappeared without ever delivering a vehicle. The loss amounts total $32,300.
The pleas are the culmination of an investigation on the part of Special Agents of Immigrations and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.
Sentencing will be scheduled at a later date before U.S. District Court Judge William M. Skretny.
Two Individuals Plead Guilty in Manhattan Federal Court in Connection with 2009 Home Invasion Robbery and MurderRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced today that ANTOINE BURROUGHS and LEON WHITFIELD pled guilty to robbery charges in connection with the home invasion robbery and murder of Gerardo Antoniello on September 9, 2009. Antoniello was killed during the home invasion robbery of his father, Bartolomeo Antoniello, who was targeted for the cash proceeds of the pizza shop he owned in Queens, New York. BURROUGHS and WHITFIELD pled guilty today before United States District Judge Gregory B. Woods.
U.S. Attorney Preet Bharara said: “At the direction of an associate of the Gambino Crime Family, Antoine Burroughs and Leon Whitfield targeted and attempted to rob a Queens pizza shop owner in his home, and then brutally murdered his son as he tried to protect his father. With today’s pleas, the perpetrators of this crime will be held accountable.”
According to the allegations in the Indictment and statements made at various proceedings in this case, including the guilty pleas:
BURROUGHS and WHITFIELD were hired by Frank LaCorte, an associate of the Gambino Crime Family, to commit a home invasion robbery. On September 9, 2009, BURROUGHS and WHITFIELD attempted to rob Bartolomeo Antoniello at his home in Queens, New York. BURROUGHS and WHITFIELD were targeting the cash proceeds of Antoniello’s pizza shop. Antoniello’s son, Gerardo Antoniello, was home at the time, and attempted to protect his father. BURROUGHS and WHITFIELD brutally beat and pistol-whipped the father and son, and the father was seriously injured. During the struggle, Gerardo Antoniello was shot in the head and died later of his injuries. He was 29 years old.
As a result of these criminal activities, the two men have pled guilty as follows:
BURROUGHS pled guilty to one count of robbery conspiracy, which carries a maximum sentence of 20 years in prison, and one count of attempted robbery, which carries a maximum sentence of 20 years in prison. As a part of his plea, BURROUGHS admitted to shooting and killing Antoniello during the robbery.
WHITFIELD pled guilty to one count of robbery conspiracy, which carries a maximum sentence of 20 years in prison, and one count of attempted robbery, which carries a maximum sentence of 20 years in prison. As a part of his plea, WHITFIELD admitted that he carried a fake gun during the robbery and that BURROUGHS shot and killed Antoniello during the struggle.
The statutory maximum sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants will be determined by the Judge.
Both defendants are scheduled to be sentenced by Judge Woods on July 29, 2015.
Frank LaCorte was convicted in Queens County Court for his role in organizing this and numerous other home invasion robberies and in June 2012 was sentenced to a term of 50 years to life in prison.
Mr. Bharara praised the work of the Federal Bureau of Investigation, the New York City Police Department, the Queens District Attorney’s Office, and the United States Marshals Service.
The case is being handled by the Office’s Violent and Organized Crime Unit. Assistant U.S. Attorney Rachel Maimin is in charge of the prosecution.
Two Essex County, New Jersey, Men Sentenced to Prison for Smuggling Marijuana and Cell Phones into Federal Detention FacilityRead the Press Release
TRENTON, N.J. – Two Newark, New Jersey, men were each sentenced prison terms today for their involvement in a scheme to smuggle contraband, including marijuana and cell phones, into the Essex County Correctional Facility, a federal pretrial detention facility, U.S. Attorney Paul J. Fishman announced.
Darsell Davis, 29, and Dwayne Harper, 31, were sentenced to 15 months and 12 months in prison, respectively. Davis previously pleaded guilty before U.S. District Judge Mary L. Cooper to an information charging him with one count of conspiring with others to commit extortion under color of official right. Harper previously pleaded guilty before Judge Cooper to an information charging him with one count of conspiring to smuggle contraband into the Essex County Correctional Facility. Judge Cooper imposed both sentences today in Trenton federal court.
According to the documents filed and statements made in court:
On multiple occasions between September 2013 and May 2014, Stephon Solomon, 27, a corrections officer at the Essex County Correctional Facility, smuggled contraband – including cell phones, tobacco, and marijuana – to Quasim Nichols, 30, a federal pretrial detainee at facility, in exchange for cash bribes. Davis and Harper aided the smuggling scheme by collecting the contraband to be smuggled into the facility. After receiving contraband and cash bribes from Davis, Solomon smuggled the contraband to Nichols, who ultimately sold some of the marijuana and cell phones to other inmates. The inmates purchased the contraband by having friends and family send Western Union money transfers to Nichols, who then enlisted Davis and others to retrieve those payments for him. Davis obtained at least $4,300 in Western Union payments over the course of the conspiracy.
Nichols pleaded guilty before U.S. District Judge Mary L. Cooper on Feb. 11, 2015, to an information charging him with one count of committing an armed carjacking and one count of conspiring with others to commit extortion under color of official right. Nichols is scheduled for sentencing on May 20, 2015.
Solomon pleaded guilty on Oct. 1, 2014, to one count of conspiring to commit extortion under color of official right and awaits sentencing on March 25, 2015. He has been released on bail.
In addition to the prison term, Judge Cooper sentenced Davis and Harper to each serve three years of supervised release.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Richard M. Frankel in Newark, and investigators with the Internal Affairs Division of the Essex County Correctional Facility, under the leadership of Warden Roy Hendricks, with the investigation leading to today’s sentencings.
The government is represented by Assistant U.S. Attorneys Rahul Agarwal of the U.S. Attorney’s Office Special Prosecutions Division and Robert Frazer of the Criminal Division, Organized Crime/Gangs Unit, in Newark.
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Defense counsel: Davis: Maria Noto Esq., Matawan, New Jersey
Dwayne Harper: Michael Pedicini Esq., Morristown, New JerseyTwo Co-Conspirators Sentenced for Using Counterfeit Checks to Buy Store Merchandise and Gift CardsRead the Press Release
Greenbelt, Maryland – U.S. District Judge Deborah K. Chasanow sentenced Nichelle Nicole Rogers, age 28, of Washington, D.C., today to 54 months in prison followed by three years of supervised release for conspiring to commit wire fraud and aggravated identity theft, in connection with a scheme to defraud Target Corporation. Judge Chasanow also sentenced Ebony Nicole Ruffin, age 28, of District Heights, Maryland, today to 27 months in prison followed by three years of supervised release for the wire fraud conspiracy in connection with the scheme. Judge Chasanow entered orders that Rogers and Ruffin each forfeit and pay restitution of $485,000.
The sentences were announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Special Agent in Charge Kathy A. Michalko of the United States Secret Service - Washington Field Office.
According to their plea agreements, from September 2011 to November 2013, Rogers and Ruffin used counterfeit personal checks and false identifications to fraudulently obtain visa gift cards and other merchandise from Target stores in Maryland, District of Columbia, Virginia, West Virginia, Pennsylvania and North Carolina. The co-conspirators presented over 1,400 counterfeit checks at Target stores, including stores in Frederick, Bowie, and Waldorf, Maryland, as payments for merchandise and gift cards, resulting in a total loss to Target of at least $485,000.
Rogers and Ruffin used the visa gift cards to buy items from Target for themselves, and to buy merchandise from other retailers, such as Nordstrom, later returning the merchandise for cash.
Rogers used or caused to be used the stolen identification of a real person on the counterfeit checks and presented this means of identification to Target cashiers to complete at least 350 transactions.
On November 9, 2013, Rogers was arrested by Prince William County (Virginia) Police officers for shoplifting at a Nordstrom Rack in Woodbridge, Virginia. Police seized 27 counterfeit checks in her possession. Rogers had previously attempted to use counterfeit checks and false identifications at other stores, and she had four receipts from a Target store which indicated that she had purchased 12 visa gift cards via counterfeit checks that day.
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’s 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.
United States Attorney Rod J. Rosenstein commended the U.S. Secret Service for its work in the investigation and thanked Assistant U.S. Attorneys Kelly O'Connell Hayes and Thomas P. Windom, who prosecuted the case.
Sioux City Woman Sentenced for Making False StatementsRead the Press Release
United States Attorney Deborah R. Gilg announced that Melissa S. Edwards, 41, of Sioux City, Iowa, was sentenced in federal court in Omaha, Nebraska, for Making False Statements to the Department of Housing and Urban Development (HUD). The Honorable Laurie Smith Camp sentenced Edwards to 1 year and 1 day in prison. There is no parole in the federal system. After her release from prison, Edwards will begin a three-year term of supervised release. Edwards was ordered to pay restitution in the amount of $179,118.55.
Melissa Edwards managed the Canterbury Apartments in South Sioux City, Nebraska. The complex was owned by a management company in Maine. The complex offered Section 8 housing subsidized by HUD. Between October 2011 and continuing into October 2013, Edwards embezzled $169,924 from the management company which included more than $100,000 of funds derived from HUD. To accomplish her theft and conceal her crime Edwards created false applications and recertifications. The recertifications would decrease the tenant’s income thus increasing the subsidy. The tenant was unaware of the recertification and Edwards would convert the increased subsidies to her own use. False applications were submitted using the names of relatives and friends.
Settlement with Continental Carbon Company to Reduce Air Pollution at Manufacturing Facilities in Alabama, Oklahoma and TexasRead the Press Release
In a settlement with the United States and the states of Alabama and Oklahoma, Continental Carbon Company has agreed to install pollution control technology that will significantly cut emissions of harmful air pollutants at manufacturing facilities in Alabama, Oklahoma and Texas, the Department of Justice and the U.S. Environmental Protection Agency (EPA) announced today. The settlement will resolve claims that Houston-based Continental violated the Clean Air Act by modifying their facilities in a way that caused the release of excess sulfur dioxide (SO2) and nitrogen oxide (NOx).
The settlement requires Continental to pay a civil penalty of $650,000, which will be shared with Alabama and Oklahoma, co-plaintiffs in the case. Continental must also spend $550,000 on environmental projects to help mitigate the harmful effects of air pollution on the environment and to benefit local communities, including at least $25,000 on energy efficiency projects in the communities near each of the three facilities.
“Today’s agreement is good news for residents living near Continental facilities, many of whom were overburdened by air pollution for far too long and whose children, like all Americans, should be able to breath clean air,” said Assistant Attorney General John C. Cruden of the Justice Department’s Environment and Natural Resources Division. “The agreement also reflects our continuing efforts to vigorously enforce the Clean Air Act to protect public health and the environment. The settlement requires Continental to control large sources of air pollution with advanced technology and requires projects that will have a direct and positive impact on Continental’s neighbors.”
“This settlement brings another major carbon black company into compliance with a law that protects clean air for American communities,” said Assistant Administrator Cynthia Giles of EPA’s Office of Enforcement and Compliance Assurance. “By investigating all 15 carbon black manufacturing plants in the U.S., EPA is committed to improving public health and leveling the playing field for companies that follow the law. By installing the latest pollution control technology and funding environmental projects, Continental is taking steps to reduce emissions of air pollutants that can lead to serious health problems.”
Continental manufactures carbon black, a fine carbonaceous powder used in tires, plastics, rubber, inkjet toner and cosmetics, at facilities in Phenix City, Alabama, Ponca City, Oklahoma, and Sunray, Texas. Because the oil used to make carbon black is high in sulfur, its production creates large amounts of nitrogen oxide, sulfur dioxide and particulate matter. This settlement supports EPA’s and the Justice Department's national efforts to advance environmental justice by working to protect communities such as Phenix City and Ponca City that have been disproportionately impacted by pollution.
EPA expects that the actions required by the settlement will reduce harmful emissions by approximately 6,278 tons per year of sulfur dioxide and 1,590 tons per year of nitrogen oxide. Continental estimates that it will spend about $98 million to implement the required measures. The pollution reductions will be achieved through the installation, upgrade and operation of state-of-the-art pollution control devices designed to reduce emissions and protect public health.
SO2 and NOx have numerous adverse effects on human health and are significant contributors to acid rain, smog and haze. These pollutants are converted in the air to particulate matter that can cause severe respiratory and cardiovascular impacts, and premature death.
EPA concluded that the modifications made at Continental’s plants violated the Clean Air Act based on information the company submitted in response to an information request from EPA in 2007. EPA issued notices of violation to Continental for these claims in 2012.
The settlement was filed with the U.S. District Court of the Western District of Oklahoma and is subject to a 30 day public comment period. The company is required to pay the penalty within 30 days after the court approves the settlement.
The consent decree is available for review at http://www.justice.gov/enrd/Consent_Decrees.html.
This settlement is part of EPA’s National Enforcement Initiative to control harmful emissions from large sources of pollution. Through the initiative, EPA investigated all 15 of the carbon black plants in the U.S. for violations of the Clean Air Act’s Prevention of Significant Deterioration requirements. With this settlement, six of the 15 facilities will be covered by consent decrees with EPA. In 2013, EPA announced the first national carbon black settlement with Boston-based Cabot Corporation, the second largest carbon black manufacturer in the United States.
More on the settlement: http://www2.epa.gov/enforcement/continental-carbon-company-clean-air-act-settlement.
Settlement with Continental Carbon Company to Reduce Air Pollution at Manufacturing Facilities in Alabama, Oklahoma and TexasRead the Press Release
WASHINGTON – In a settlement with the United States and the states of Alabama and Oklahoma, Continental Carbon Company has agreed to install pollution control technology that will significantly cut emissions of harmful air pollutants at manufacturing facilities in Alabama, Oklahoma and Texas, the Department of Justice and the U.S. Environmental Protection Agency (EPA) announced today. The settlement will resolve claims that Houston-based Continental violated the Clean Air Act by modifying their facilities in a way that caused the release of excess sulfur dioxide (SO2) and nitrogen oxide (NOx).
The settlement requires Continental to pay a civil penalty of $650,000, which will be shared with Alabama and Oklahoma, co-plaintiffs in the case. Continental must also spend $550,000 on environmental projects to help mitigate the harmful effects of air pollution on the environment and to benefit local communities, including at least $25,000 on energy efficiency projects in the communities near each of the three facilities.
“Today’s agreement is good news for residents living near Continental facilities, many of whom were overburdened by air pollution for far too long and whose children, like all Americans, should be able to breath clean air.” said Assistant Attorney General John C. Cruden of the Justice Department’s Environment and Natural Resources Division. “The agreement also reflects our continuing efforts to vigorously enforce the Clean Air Act to protect public health and the environment. The settlement requires Continental to control large sources of air pollution with advanced technology and requires projects that will have a direct and positive impact on Continental’s neighbors.”
“This settlement brings another major carbon black company into compliance with a law that protects clean air for American communities,” said Assistant Administrator Cynthia Giles of EPA’s Office of Enforcement and Compliance Assurance. “By investigating all 15 carbon black manufacturing plants in the U.S., EPA is committed to improving public health and leveling the playing field for companies that follow the law. By installing the latest pollution control technology and funding environmental projects, Continental is taking steps to reduce emissions of air pollutants that can lead to serious health problems.”
Continental manufactures carbon black, a fine carbonaceous powder used in tires, plastics, rubber, inkjet toner and cosmetics, at facilities in Phenix City, Alabama, Ponca City, Oklahoma, and Sunray, Texas. Because the oil used to make carbon black is high in sulfur, its production creates large amounts of nitrogen oxide, sulfur dioxide and particulate matter. This settlement supports EPA’s and the Justice Department's national efforts to advance environmental justice by working to protect communities such as Phenix City and Ponca City that have been disproportionately impacted by pollution.
EPA expects that the actions required by the settlement will reduce harmful emissions by approximately 6,278 tons per year of sulfur dioxide and 1,590 tons per year of nitrogen oxide. Continental estimates that it will spend about $98 million to implement the required measures. The pollution reductions will be achieved through the installation, upgrade and operation of state-of-the-art pollution control devices designed to reduce emissions and protect public health.
SO2 and NOx have numerous adverse effects on human health and are significant contributors to acid rain, smog and haze. These pollutants are converted in the air to particulate matter that can cause severe respiratory and cardiovascular impacts, and premature death.
EPA concluded that the modifications made at Continental’s plants violated the Clean Air Act based on information the company submitted in response to an information request from EPA in 2007. EPA issued notices of violation to Continental for these claims in 2012.
The settlement was filed with the U.S. District Court of the Western District of Oklahoma and is subject to a 30 day public comment period. The company is required to pay the penalty within 30 days after the court approves the settlement.
The consent decree is available for review at http://www.justice.gov/enrd/Consent_Decrees.html
This settlement is part of EPA’s National Enforcement Initiative to control harmful emissions from large sources of pollution. Through the initiative, EPA investigated all 15 of the carbon black plants in the U.S. for violations of the Clean Air Act’s Prevention of Significant Deterioration requirements. With this settlement, six of the 15 facilities will be covered by consent decrees with EPA. In 2013, EPA announced the first national carbon black settlement with Boston-based Cabot Corporation, the second largest carbon black manufacturer in the United States.
More on the settlement: https://www.epa.gov/enforcement/continental-carbon-company-clean-air-act-settlement
Scranton Man Pleads Guilty to Tobacco Tax FraudRead the Press Release
BOSTON – A Scranton, Pa. man pleaded guilty today in U.S. District Court in Springfield to charges relating to tobacco tax evasion.
Irfan Sami, 46, pleaded guilty to one count of conspiracy and three counts of wire fraud for his role in a multi-state scheme to defraud Massachusetts and Connecticut of tax revenue relating to cigars and smokeless tobacco. Sami had been charged in November 2014. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Sept. 24, 2015.
Sami, along with a number of co-conspirators, helped wholesale businesses in Springfield and Attleboro, Mass., Danbury, Hamden, and Berlin, Conn. evade state tobacco taxes. Working from a warehouse in Scranton, Sami helped his employer create fake invoices that would be used to make false tobacco tax filings that vastly understated the amount of tobacco tax due.
The charge of conspiracy provides for a sentence of no greater than five years in prison, three years of supervised release, and a fine of $250,000. Each count of wire fraud provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz; Daniel J. Kumor, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; William P. Offord, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Bruce M. Foucart, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. The case is being prosecuted by Assistant U.S. Attorneys Alex J. Grant of Ortiz’s Springfield Branch Unit and Veronica M. Lei of Ortiz’s Asset Forfeiture Unit.
San Antonio Man Sentenced to Almost 11 Years in Federal Prison for Transportation of a Minor to Engage in Sexual ActivityRead the Press Release
In San Antonio today, U.S. District Judge David A. Ezra sentenced 33-year-old Ricardo Castillo, Jr., to 130 months in federal prison followed by ten years of supervised release for transportation of a minor with intent to engage in sexual activity announced Acting United States Attorney Richard L. Durbin, Jr., and Special Agent in Charge Christopher Combs of the FBI’s San Antonio Division.
Judge Ezra also ordered that the San Antonio resident register as a sex offender for life.
According to court records, in December 2013, Castillo began text messaging with a 15-year-old female in Illinois. Communications between the two eventually became sexual in nature resulting in Castillo texting a sexually explicit photograph of himself to the minor. The child confided to Castillo that she was upset with her home life. On April 25, 2014, Castillo drove from San Antonio to Illinois, and picked the child up at the end of her street. Once in the car, Castillo removed the SIM card from the child’s phone, and then transported her back to San Antonio where he sexually assaulted her twice.
On the day she disappeared, the victim’s family filed a missing child report with the LaSalle County (IL) Sheriff’s Department. From the victim’s phone records, her father noted an unknown phone number which belonged to the defendant.
On May 5, 2014, Illinois law enforcement detected cell phone activity from the missing child’s cell phone in San Antonio. Coincidentally, that same day, the victim reached out to a friend via Facebook for help. The friend provided the victim’s location to her family. A family member, who had previously driven from Illinois to San Antonio to help locate the missing child, successfully recovered the missing child.
Castillo has remained in custody since his arrest on June 13, 2014. He pleaded guilty to the charge on September 16, 2014.
This case was investigated by the Federal Bureau of Investigation (FBI) together with the LaSalle County (IL) Sheriff’s Department and the San Antonio Police Department. Assistant United States Attorney Sarah Wannarka prosecuted this case on behalf of the Government.
Romanian National Extradited to New Jersey to Face Charges in Computer Hacking SchemeRead the Press Release
NEWARK, N.J. – A Romanian citizen made his initial court appearance today following his extradition to face charges that he orchestrated an international hacking scheme targeting retailers, security companies, medical offices and individuals in the United States, U.S. Attorney Paul J. Fishman announced.
Mircea-Ilie Ispasoiu, 29, of Drobeta-Turnu Severin, Romania, is charged by federal indictment with two counts of wire fraud, two counts of unauthorized computer access to obtain information, two counts of unauthorized computer access that caused damage and three counts of aggravated identity theft. Ispasoiu was arrested Nov. 13, 2014, following an investigation led by the U.S. Secret Service and coordinated with Romanian law enforcement. The Court of Appeal of Bucharest granted extradition on Jan. 26, 2015, and Ispasoiu arrived in the United States on March 20, 2015. He appeared this afternoon before U.S. Magistrate Judge Michael A. Hammer in Newark federal court.
According to documents filed in this case and statements made in court:
From August 2011 through February 2014, Ispasoiu was employed as computer systems administrator at a large financial institution in Romania. Ispasoiu’s scheme allegedly involved hacking networks belonging to retailers, security companies, medical offices and individuals in order to steal user names and passwords, personal identifiers and credit and debit card data. For just one of the victims identified in the indictment, Ispasoiu was able to steal more than 10,000 credit and debit card numbers. Ispasoiu also gained access to a computer at a large security company that ran background checks on job applicants. Ispasoiu stole the applicants’ personal identifying information, including their fingerprints.
The maximum potential penalties for each count are as follows:
Count
Violation
Maximum Penalty
1 and 2
Wire fraud
30 years; $1 million fine or twice the gain or loss from the offense
3 and 4
Unauthorized computer access to obtain information
Five years; $250,000 fine or twice the gain or loss from the offense
5 and 6
Unauthorized computer access that caused damage
Five years; $250,000 fine or twice the gain or loss from the offense
7-11
Aggravated identity theft
Mandatory two years (consecutive to any other imposed sentence); $250,000 fine or twice the gain or loss from the offense
U.S. Attorney Fishman credited the special agents of the U.S. Secret Service, Newark Field Office, under the direction of Acting Special Agent in Charge Carl Agnelli, with the investigation leading to the charges. U.S. Attorney Fishman also thanked the Justice Department’s Office of International Affairs in Washington, as well as the Prosecutor’s Office attached to the High Court of Cassation and Justice in Romania and its law enforcement partners, for their support.
The government is represented by Assistant U.S. Attorney Daniel Shapiro of the Computer Hacking and Intellectual Property Section of the Office’s Economic Crimes Unit.
The charges and allegations contained in the indictment are merely accusations, and the defendant is considered innocent unless and until proven guilty.
15-097
Defense counsel: Kevin Carlucci Esq., Assistant Federal Public Defender, Newark
Rensselaer County Man Pleads Guilty to Distribution, Receipt and Possession of Child PornographyRead the Press Release
ALBANY, NEW YORK – Howard Hazelton, age 63, of Rensselaer County, New York, pled guilty today in Albany before United States District Judge Thomas J. McAvoy to two counts of distribution of child pornography, one count of receipt of child pornography and five counts of possession of child pornography, announced United States Attorney Richard S. Hartunian and Andrew W. Vale, Special Agent in Charge of the Albany Division of the Federal Bureau of Investigation.
Hazelton faces at least 5 years and up to 20 years of imprisonment, as well as a term of supervised release of at least 5 years and up to life. He also faces a maximum fine of $250,000 and mandatory registration as a sex offender. Hazelton will be sentenced in Albany, New York on August 11, 2015.
As part of his guilty plea, Hazelton admitted that in August and September 2013, he knowingly distributed child pornography, and that in November 2013, he knowingly received child pornography and possessed child pornography involving prepubescent minors and minors who had not attained 12 years of age.
This case was investigated by the Federal Bureau of Investigation and is being prosecuted by Special Assistant United States Attorney Amanda W. Cox.
Pueblo Bishop Gang Member Sentenced to Life in Federal Prison in RICO Case for Ambush Slaying of Man in Front of His 2-Year-Old SonRead the Press Release
LOS ANGELES – A member of the Pueblo Bishop Bloods street gang was sentenced this afternoon to life (plus 10 years) in federal prison for his conviction on racketeering offenses that included the execution of a man in front of his 2-year-old son.
Rondale Young, also known as “Pueblo-Grump,” 31, of South Los Angeles, was sentenced by United States District Judge S. James Otero.
A federal jury convicted Young in December 2013 of violating the federal Racketeer Influenced and Corrupt Organizations Act (RICO) in relation to the murder of 23-year-old Francisco Cornelio, a 23-year-old man who had no gang affiliation and who was shot point-blank in front on his young child.
The jury also found Young guilty of conspiring to murder Mr. Cornelio, as well as the actual murder in 2009, both of which were done in furtherance of the Pueblo Bishop criminal enterprise. In addition, Young was found guilty of a firearms offense based on a co-conspirator’s use of pistol grip shotgun that resulted in murder. Young was also convicted of witness intimidation.
In court documents filed in relation to the sentencing, prosecutors wrote, “The seriousness of defendant’s offense is among the most egregious in the federal code, among the few punishable by death. The ultimate consequences of the murder that resulted from defendant’s conduct were to: rob a young wife of her husband; rob a young son of his father and of his childhood; and to further inflame racial and gang tensions in combustible South Los Angeles, thereby putting the entire community at risk.”
The federal convictions came after Young was acquitted in Los Angeles Superior Court on murder charges related to the slaying of Mr. Cornelio. After the acquittal in state court, the FBI’s Los Angeles Metropolitan Task Force on Violent Gangs re-investigated the case, with the help of LAPD’s Newton Homicide Division, and uncovered additional evidence related to the murder and Young’s involvement with the Pueblo Bishops.
Young is the third person to be convicted in federal court in relation to the murder of Mr. Cornelio. In another trial, a federal jury determined that Anthony “Bandit” Gabrourel, was also part of the plot to murder Mr. Cornelio. At that trial, the evidence showed that Gabourel was one of two Pueblo Bishops who exited Young’s car with shotguns and fatally shot Mr. Cornelio. Gabrourel was sentenced earlier this year by Judge Otero to 40 years in federal prison. The third person conviction in relation to the murder was sentenced to five years in prison for hiding the murder weapon after the slaying.
The evidence presented at Young’s trial showed that Young drove his car, which contained other armed gang members, into rival gang territory early on the morning of August 2, 2009. The Pueblo Bishops were seeking retaliation after an earlier shooting against their gang. The Pueblo Bishops targeted Mr. Cornelio because he was of Hispanic descent and in rival gang territory.
According to witnesses who testified, two Pueblo Bishops, who were armed with shotguns, got out of Young’s vehicle and ambushed an unsuspecting victim, who was washing his car. The gang members shot him once in the back without saying a word, while the young Cornelio sat in the back seat of the car. There was no evidence that Cornelio had any gang ties.
The murder was unsolved prior to a federal racketeering indictment that was unsealed in August 2010. That indictment charged that Young and other members of the gang were members of a criminal enterprise that engaged in drug dealing, firearms trafficking, murder, witness intimidation and armed robbery as part of the gang’s efforts to control and terrorize the Pueblo Del Rio Housing Projects in South Los Angeles.
As a result of the federal investigation into the racketeering activity of the Pueblo Bishop Bloods, a total of 45 defendants were charged in federal indictments. Prosecutors have secured convictions against 41 of those defendants. Two defendants are in state custody after receiving lengthy sentences for violent gang crimes, and two are fugitives.
The investigation into the Pueblo Bishop Bloods was conducted by the Federal Bureau of Investigation; the Los Angeles Police Department, Newton Division; the United States Department of Housing and Urban Development, Office of Inspector General; and the Los Angeles County District Attorney’s Office.
Release No. 15-029
Portage Hospital Pays $4.44 Million to Resolve Voluntary Disclosure Regarding False Medicare Clains for Health Care ServicesRead the Press Release
GRAND RAPIDS, MICHIGAN – Portage Hospital, LLC, in Hancock, Michigan, has agreed to pay the United States $4,446,392.43 to settle allegations that a hospital-owned home health care agency, Portage Health Home Care & Hospice, violated the False Claims Act by submitting false claims to Medicare for home health care services purportedly rendered by a staff physical therapist.
The settlement stems from a self-disclosure to the U.S. Department of Health & Human Services, Office of Inspector General (“HHS-OIG”) by Portage Hospital. Based on information provided by Portage Hospital, the United States alleged that physical therapy services that the staff therapist provided to Medicare home health care patients between January 1, 2006 and November 30, 2013 were medically unnecessary, lacked adequate documentation of medical necessity, and/or did not qualify for payment by Medicare. The United States alleged that while the staff therapist claimed to be performing between 1,889 and 3,352 home health care visits each year, his documentation generally failed to establish, among other things, patients’ homebound status and the need for skilled therapy services.
“Portage Hospital is to be commended for disclosing this matter,” said U.S. Attorney Patrick A. Miles, Jr. “Self-disclosures by providers are critical to protecting the integrity of federal health care programs. My office is committed to bringing voluntary disclosures to resolution as quickly and efficiently as is reasonably possible.”
“A health care provider’s decision to self-disclose its improper behavior benefits both the provider, in this case a hospital, and Federal health care programs, and we will continue to work with our law enforcement partners and providers to reach prompt, appropriate settlement of conduct disclosed in good faith,” said Special Agent in Charge Lamont Pugh III, U.S. Department of Health & Human Services, Office of Inspector General.
The United States encourages health care providers to self-disclose any violations that have resulted in the submission of improper claims to federal health care programs. A timely voluntary disclosure can result in a significantly reduced penalty. This case was investigated by HHS-OIG and the U.S. Attorney’s Office for the Western District of Michigan. Assistant U.S. Attorney Adam B. Townshend represented the United States.
END
Point Pleasant man sentenced to 3+ years for investment fraudRead the Press Release
Defendant swindled victims out of more than $220,000
HUNTINGTON, W.Va. – A Point Pleasant man was sentenced today to 37 months in federal prison for an investment fraud scheme, U.S. Attorney Booth Goodwin announced. Mark Anthony, 40, who pleaded guilty last November to one count of mail fraud in connection with the scheme, also was ordered to repay more than $220,000 that he stole from his victims, including two elderly widows.
Anthony previously admitted that over a span of nearly 10 years, he deceived an elderly Point Pleasant couple into believing that he was a licensed investment representative who would invest their money in high-yielding annuities and money-market accounts. In all, the couple gave him more than $200,000 of their savings to invest, with the wife continuing to give Anthony money for supposed investments after her husband passed away. Instead of investing the money, Anthony stole it, spending the couple’s nest egg to buy things for himself and pay personal expenses. Occasionally, Anthony mailed the couple a small check that he pretended was a return on their investments. These checks were actually money from other sources, which Anthony sent to make his victims believe their so-called investments were producing legitimate returns. Anthony also mailed the couple fake tax forms that pretended to show their income from investments Anthony had made for them.
Anthony also defrauded at least three other victims as part of the same scheme.
“Protecting West Virginia’s senior citizens from scams like this has been a priority for me from day one,” said U.S. Attorney Goodwin. “This case is a reminder to stay vigilant. There are plenty more scammers out there like this defendant, who may seem trustworthy but are really out to separate people from their hard-earned savings. Always be wary of a deal that seems too good to be true.”
U.S. Attorney Goodwin’s website provides information for seniors to avoid becoming victims of fraud and other crimes: http://www.justice.gov/usao/wvs/Safe-senior-brochure.pdf.
Chief United States District Judge Robert C. Chambers imposed the sentence.
The West Virginia State Police Bureau of Criminal Investigation and the FBI investigated the case. Counsel to the United States Attorney Steve Ruby and Assistant United States Attorney Gabriele Wohl handled the prosecution.
PA State Police Investigation Leads to Child Exploitation Charges Against Erie ManRead the Press Release
ERIE, Pa. - A resident of Erie, Pennsylvania, has been indicted by a federal grand jury in Erie on charges of violating federal laws relating to the sexual exploitation of children, United States Attorney David J. Hickton announced today.
The three-count indictment named Ian Matthew Ahenger, 41, as the sole defendant.
According to the indictment presented to the court, Ahenger distributed, received and possessed computer images depicting minors engaging in sexually explicit conduct.
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.justice.gov/psc.
The law provides for a maximum total sentence of 50 years in prison, a fine of $750,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The Pennsylvania State Police conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
One Pasco and Two Lake County Residents Charged with Trafficking in MethamphetamineRead the Press Release
Tampa, Florida – A federal grand jury has returned an indictment charging Shawn Paul Hendricks (41, Dade City), Vladimir Castaneda (26, Eustis), and Jose Edgar Gonzalez-Castaneda (45, Eustis) with conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine, announces United States Attorney A. Lee Bentley, III, along with Acting Special Agent in Charge A.D. Wright, DEA Miami Field Division, and Pasco Sheriff Chris Nocco. Castaneda and Gonzalez-Castaneda were also charged with distribution of 500 grams or more of methamphetamine, and possession with intent to distribute 500 grams or more of methamphetamine. If convicted, each faces a mandatory minimum penalty of 10 years, up to life, in federal prison. The indictment also notifies the defendants that the United States intends to forfeit $49,334 in cash, a silver 2008 BMW sedan, and a Smith and Wesson .357 Magnum pistol and ammunition, which are alleged to be traceable to the offenses.
According to court documents, Hendricks, who was known by law enforcement to be a large-scale methamphetamine trafficker, was arrested in Dade City on February 18, 2015, for fleeing and alluding law enforcement after an attempted traffic stop. Agents subsequently seized marijuana, a gun, and nearly $50,000 in cash from a Dade City residence where Hendricks lived with his girlfriend. Hendricks admitted to having received 10 to 15 pounds of methamphetamine a week over the past year from a source of supply in Atlanta, and stated that he was to receive such a shipment the following night. With Hendricks’s cooperation, on February 19, 2015, agents arrested Castaneda and Gonzalez-Castaneda in Eustis, after they had delivered nearly 9 pounds of methamphetamine to Hendricks. In one of the transport vehicles, agents found an additional 11 pounds of methamphetamine. Gonzales-Castaneda admitted that he and Castaneda had picked up the methamphetamine in Atlanta earlier that morning.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the United States Drug Enforcement Administration and the Pasco Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Kathy J.M. Peluso.
Newark Man Admits Stealing 25 Firearms from Local Gun StoreRead 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 Rodney Goodrich, Jr., 28, of Newark, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to theft of firearms and possession and sale of stolen firearms and ammunition. The charges carry a maximum penalty of 10 years in prison, a fine of $250,000 or both.
Assistant U.S. Attorney Jennifer M. Noto, who is handling the case, stated that on January 21, 2013, the defendant was involved in the theft of 24 handguns and one rifle from D&M Shooting Sports, a commercial establishment located in Palmyra, NY. Goodrich aided and abetted Angel Hernandez-Ramos and another individual to unlawfully enter the store and steal the firearms. The defendant then sold the stolen firearms to others in exchange for cash and cocaine.
Angel Hernandez-Ramos, who was also involved in the theft of the firearms, has been convicted and is scheduled to be sentenced on May 14, 2015.
The plea is the culmination of an investigation on the part of Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, and investigators of the Wayne County Sheriff’s Office, under the direction of Sheriff Barry Virts.
Sentencing is scheduled for June 23, 2015 at 9:30 a.m. before Judge Geraci.
New York Man Charged with Possession of Counterfeit Money and Fraudulent Credit CardsRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania, announced that on Friday, March 20, 2015, federal criminal charges in U.S. District Court in Scranton were filed against Robert Cagle, age 50, Bronx, New York.
According to U.S. Attorney Peter Smith, a criminal information was filed charging Cagle with access device fraud and aggravated identity theft. Allegedly, in April 2014, Pennsylvania State Police conducted a search of a disabled vehicle on Interstate 81. Cagle, a passenger in the vehicle, was allegedly found to be in possession of counterfeit $100 bills and fraudulent credit/debit cards. The government also filed a plea agreement with the defendant which is subject to approval by the court.
The investigation was conducted by the U.S. Secret Service and the Pennsylvania State Police. Prosecution is assigned to Assistant United States Attorney Michelle Olshefski.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this case, the maximum penalty under the federal statute is 12 years imprisonment, a term of supervised release following imprisonment, and a $500,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Criminal Complaint
New Hampshire Man Pleads Guilty to Federal Sex CrimeRead the Press Release
BOSTON – A New Hampshire man pleaded guilty today to traveling with intent to engage in illegal sexual activity with a minor.
Karl W. Leeman, 48, of Milford, N.H., pleaded guilty before U.S. Chief District Court Judge Patti B. Saris to a Superseding Information charging travel with intent to engage in illegal sexual activity with a minor.
In February 2014, federal undercover agents in Boston placed an advertisement on Craigslist purportedly as a mother seeking an adult interested in a “taboo relationship” with her daughter. Leeman responded that he was interested, even after the purported mother disclosed that her daughter was only 14-years-old. Leeman proceeded to engage in more than 650 email communications with the purported mother, detailing the sexual activities in which he would engage with the minor “daughter.” On Feb. 27, 2014, Leeman left his home in Milford, NH, traveled to work in Massachusetts, and then to Watertown for the purpose of having sex with a minor. Upon his arrival at the designated meeting place, he was arrested by federal agents. At the time of his arrest, Leeman was carrying alcohol, bath products, lubricant, and gifts of clothing for the minor.
The charging statute provides a sentence of no greater than 30 years in prison, a minimum of five years and a maximum of a lifetime of supervised released, and a $250,000 fine. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz and Bruce M. Foucart, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistance was also provided by HSI Manchester N.H., the Massachusetts State Police, the Watertown Police Department and the Milford, N.H. Police Department. The case is being prosecuted by Assistant U.S. Attorney Eve A. Piemonte Stacey of Ortiz’s Major Crimes Unit.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys= Offices and the Criminal Division=s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Montgomery Man Sentenced to 10 Years for Gun and Drug ChargesRead the Press Release
Montgomery, Alabama-- Joseph Irwin Westerlund, a 49-year old Montgomery resident, was sentenced last week to 120-months in prison for firearm and methamphetamine charges, announced George L. Beck, Jr., U.S. Attorney for the Middle District of Alabama.
On May 22, 2014, postal workers at the Lagoon Station Post Office in Montgomery contacted postal inspectors concerning a Postal Priority Mail Express envelope addressed to Joe Westerlund. According to postal management, the owners of the residence told them that they did not want mail in the name of Joe Westerlund delivered to them because he did not live there. On the same date, a man claiming to be Joe Westerlund called the Lagoon Park Post Office inquiring about the Priority Mail Express envelope.
After obtaining a search warrant, U.S. Postal Inspectors examined the contents of the Priority Mail envelope on May 28, 2015 and found 1.1 ounces of methamphetamine.
The next day, at the direction of postal inspectors and law enforcement, management at the post office called Westerlund and informed him that his package was available for pick up. Westerlund came to the post office and signed for the envelope. As he was leaving the post office he was arrested and his vehicle searched. Inside the vehicle officers found a loaded handgun. Westerlund later pled guilty to possession of a controlled substance with intent to distribute, and possession of a firearm in connection with a drug trafficking crime.
“Methamphetamine is a dangerous drug that destroys lives and wreaks havoc on our neighborhoods,” stated U.S. Attorney Beck. “Drugs and guns do not mix. As long as this deadly combination continues to plague our community, we will prosecute those who illegally possess and distribute them.”
The case was investigated by U.S. Postal Inspectors with assistance from the Montgomery Police Department, and prosecuted by Assistant United States Attorney John Geer.
Minot Man Convicted of Possession with Intent to Distribute MethamphetaminesRead the Press Release
BISMARCK – Acting US Attorney Chris C. Myers announced that on March 23, 2015, Daniel Adam Connelly, 30, of Minot, ND, was sentenced before U.S. District Judge Daniel L. Hovland to serve 12 years and 7 months in prison for Possession with Intent to Distribute a Controlled Substance (methamphetamine), to be followed by three years of supervised release. Connelly was also ordered to pay a $100 special assessment to the Crime Victim’s Fund.
In October 2012, law enforcement officials, while investigating drug trafficking in the Minot, ND, area, executed a search warrant at Connelly’s residence where they found approximately 6.5 ounces of methamphetamine, with a street value of $15,000-30,000, in Connelly’s bedroom inside the drawer of a plastic storage container. Law enforcement officials also located a loaded .357 rifle next to the storage container. Other information indicated that Connelly had obtained meth from Arizona and California in order to distribute it in North Dakota.
The case was investigated by the United States Department of Homeland Security, the Ward County Narcotics Task Force, the North Dakota Bureau of Criminal Investigation, and the Minot Police Department.
Assistant U.S. Attorney David Hagler prosecuted the case
Michigan man sentenced to federal prison for heroin offenseRead the Press Release
HUNTINGTON, W.Va. – A Michigan man who sold heroin in the Huntington area, was sentenced today to 46 months in federal prison, announced U.S. Attorney Booth Goodwin. Clarence Edward House II, also known as “Nitty,” 44, previously pleaded guilty in December of 2014 to aiding and abetting the distribution of heroin. House admitted that he had arranged for the sale of $800 worth of heroin from a drug dealer to a confidential informant working with law enforcement. Chief United States District Judge Robert C. Chambers handed down the sentence.
The FBI Drug Task Force conducted the investigation. Assistant United States Attorney Joseph F. Adams handled the prosecution.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
Michigan Physician Pleads Guilty for Role in $3.6 Million Medicare Fraud SchemeRead the Press Release
A Detroit-area medical doctor who referred Medicare beneficiaries for home health services in exchange for illegal cash kickbacks as part of a $3.6 million home health care fraud scheme pleaded guilty today for his role in the scheme.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Barbara L. McQuade of the Eastern District of Michigan, Special Agent in Charge Paul M. Abbate of the FBI’s Detroit Field Office and Special Agent in Charge Lamont Pugh III of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) Chicago Regional Office made the announcement.
Kutub Mesiwala, 64, of Bloomfield Hills, Michigan, pleaded guilty before U.S. District Judge George Caram Steeh of the Eastern District of Michigan to one count of conspiracy to commit health care fraud. A sentencing hearing is set for Oct. 5, 2015.
According to admissions in his plea agreement, Mesiwala referred patients to Detroit-area home health agency Advance Home Health Care Services Inc. (Advance) and other home health care agencies in exchange for cash kickbacks. Advance’s owner, Amer Ehsan, pleaded guilty on July 24, 2014, to fraudulently billing Medicare for $3.6 million in home health services that were not medically necessary or not provided through Advance. Ehsan is awaiting sentencing.
Mesiwala admitted that Medicare paid a total of $770,668.31 to Advance and $118,375.81 to other home health care companies for fraudulent claims based on his referrals.
This case is being investigated by the FBI and HHS-OIG, and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Eastern District of Michigan. This case is being prosecuted by Trial Attorney Katharine A. Wagner of the Fraud Section.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 2,100 defendants who have collectively billed the Medicare program for more than $6.5 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Team (HEAT), go to: www.stopmedicarefraud.gov.
Mexican National Sentenced to 18 Months on Immigration ChargesRead the Press Release
SHREVEPORT, La. – United States Attorney Stephanie A. Finley announced today that a Mexican national was sentenced to 18 months in prison for selling counterfeit identification documents and for illegally reentering the United States. A second Mexican national was sentenced to six months in prison for hiring an illegal alien.
Nazario Flores-Cordero, 45, of Mexico, was sentenced on one count of fraud and misuse of visas, permits and other documents; one count of false representation of a Social Security account number; and one count of illegal re-entry to the United States following deportation. Jesus Francisco Herrera-Gonzalez, 36, also of Mexico, was sentenced on one count of encouraging and inducing Nazario Flores-Cordero, an illegal alien, to reside in the United States by illegally employing him. They were also ordered to be deported following the completion of their prison terms. United States District Judge S. Maurice Hicks sentenced them.
According to the evidence presented at the December 2, 2014 guilty pleas, Flores-Cordero sold counterfeited or altered fake permanent resident cards and Social Security cards from October 2011 to May of 2014 in the Shreveport/Bossier City area that were to be used to falsely show that illegal aliens were lawfully in the United States and could be employed. Each counterfeit permanent resident card showed the name of the individual and photograph of the individual to be employed. Each counterfeit Social Security card falsely used and represented a Social Security account number not assigned to the individual named on the card. Flores-Cordero was also found to be illegally in the United States after he was last removed from the United States to Mexico in 2013.
United States Immigrations and Customs Enforcement-Homeland Security Investigations conducted the investigation. Assistant U.S. Attorney Robert W. Gillespie Jr. prosecuted the case.
Mexican National Sentenced for Drug ConspiracyRead the Press Release
Jose Ivan Mejia-Chavez, 28, a citizen of Mexico, was sentenced to 120 months in prison on March 20, 2015, on an eleven-count indictment charging him with Conspiracy to Distribute and Possess with the Intent to Distribute Cocaine, Illegal Re-Entry after Deportation, and Interstate Travel in Support of Racketeering, Stephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced. Mejia-Chavez had previously pled guilty to these charges on November 18, 2014. Mejia-Chavez was also ordered to pay a $300 special assessment. An Order for forfeiture was entered in the amount of $35,738. A Judicial Order of Removal was also entered during the sentencing hearing today.
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. The case was investigated by the Drug Enforcement Administration and prosecuted by Assistant United States Attorney Deirdre A. Durborow.
Martinsburg man sentenced to five years for cocaine traffickingRead the Press Release
MARTINSBURG, WEST VIRGINIA – Courtney Lamar Jenkins, 26, of Martinsburg, West Virginia, was sentenced today to 60 months in prison for his role in a conspiracy to distribute crack cocaine throughout Northern West Virginia., United States Attorney William J. Ihlenfeld, II, announced.
Jenkins pled guilty in December 2014 to one count of “Drug Conspiracy” following an investigation by the Eastern Panhandle Drug and Violent Crime Task Force, a HIDTA-funded initiative. As part of the sentence imposed today, Jenkins will also forfeit his interest in $2,936.00 in United States currency.
Assistant U.S. Attorney Jarod Douglas prosecuted the case on behalf of the government.
Chief U.S. District Judge Gina M. Groh presided.
Leaders of South L.A. Gang Controlled by Incarcerated Mexican Mafia Member Sentenced to Prison in Federal Racketeering CaseRead the Press Release
LOS ANGELES – The daughter of a Mexican Mafia member who acted as the conduit between her father and South Los Angeles street gangs he controlled from state prison was sentenced today to 15 years in federal prison on racketeering charges.
Vianna Roman, 39, of South Los Angeles, received a 180-month prison term from United States District Judge R. Gary Klausner after she pleaded guilty last year in a RICO case targeting the Harpys street gang.
Roman, who is the daughter of Mexican Mafia member Danny Roman, pleaded guilty last May to racketeering, narcotics, and weapons offenses, while admitting that she acted as the street-level proxy for her father, carrying out his orders as he exercised control over Harpys and other street gangs. Danny Roman is serving a life-without-parole sentence at Pelican Bay State Prison and was not charged in the federal RICO case.
The “shotcaller” of the Harpys gang – Manuel Valencia, 38, of Walnut – was sentenced on March 2 to 27 years in federal prison. Valencia pleaded guilty last May to racketeering and drug trafficking charges for his role in orchestrating the day-to-day activities of the gang. Valencia specifically admitted that he oversaw and participated in gang activities, which included conspiracy to murder and violent retaliation against the gang’s rivals, issuing orders to gang members regarding violence such as drive-by shootings, collecting “taxes” from drug dealers who were allowed to operate in gang territory, and engaging in drug trafficking.
The Harpys gang, which claims territory southwest of downtown Los Angeles and north of the University of Southern California, is one of more than a dozen Latino gangs across a wide swath of South Los Angeles that was overseen by Vianna Roman on behalf of her father.
According to court documents, Vianna Roman and Valencia orchestrated a scheme that allowed Danny Roman to continue to continue to control the activities of the street gangs from the Special Housing Unit of Pelican Bay State Prison. Vianna Roman used coded language to pass information to and received orders from her father during trips to the Pelican Bay prison in Northern California. Vianna Roman passed the orders to Valencia and other high-ranking members of Harpys, who oversaw violent conduct and drug trafficking within both Harpys territory and the broader area controlled by Danny Roman. Valencia controlled and enforced the collection of tax payments from Latino gangs under Danny Roman’s control and issued orders to other gangs regarding drug sales and the use of violence.
Today’s sentencing of Vianna Roman concludes a federal case targeting the Harpys gangs that was brought under the federal Racketeer-Influences and Corrupt Organizations Act. The RICO case charged a total of 29 defendants, 25 of whom have now been convicted and sentenced. Three of the charged defendants are fugitives, and charges against one were dismissed following his conviction of first-degree murder in Los Angeles Superior Court.
According to court documents, Danny Roman oversaw gang activity by giving orders that directed gang members to engage in criminal conduct, including the murder of rival gang and Mexican Mafia members, and the extortion of businesses and gangs to generate income that was funneled back to Danny Roman in state prison. The Harpys gang collected taxes and other extortionate payments through threats of violence, including murder. Acting under Danny Roman’s authority, Vianna Roman and Valencia orchestrated the extortion of vendors at the Alameda Swap Meet, which is outside of Harpys territory but within the area controlled by Danny Roman. The Alameda Swap Meet was in territory controlled by the 38th Street gang, another gang under the control of Danny Roman.
In addition to outlining Danny Roman’s control of the Harpys and of other gangs in South Los Angeles, the RICO indictment charged specific criminal acts, including the distribution of methamphetamine, cocaine, crack cocaine and heroin; the murder of a gang member over a drug debt; robberies against residents and rival gang members; and conspiracies to commit murder, including a plot to kill a witness in a state court case against a member of another gang.
The investigation into members of the Harpys and the other street gangs was called Operation “Roman Empire” and was conducted by the Los Angeles High Intensity Drug Trafficking Area (HIDTA) Task Force, which is comprised of officers with the Los Angeles Police Department and agents with the Drug Enforcement Administration.
Release No. 15-029
Lawrence Man Sentenced for Trafficking in Designer DrugsRead the Press Release
TOPEKA, KAN. - A Lawrence man who helped launch a global sales and supply network for smokable synthetic cannabinoids (synthetic marijuana) and other designer drugs was sentenced Monday to federal prison for violating the federal Food, Drug and Cosmetic Act, U.S. Attorney Barry Grissom said.
Bradley Miller, 57, Lawrence, Kan., was sentenced to 87 months in federal prison. He pleaded guilty to one count of conspiracy, one count of misbranding and one count of mail fraud. In his plea, he admitted he conspired with his brother, co-defendant Clark Sloan, and Sloan’s son, co-defendant Jonathan Sloan, to manufacture and sell designer drugs, including a marijuana substitute called K2 that was named after the second-highest mountain in the world.
Miller and Jonathan Sloan owned and operated Persephone’s Journey, a retail store at 1103 Massachusetts in Lawrence, Kan., and Bouncing Bear Botanicals, 14501 South U.S. 59 Highway, Oskaloosa, Kan. Both businesses ostensibly sold herbs and botanical products. Over time, the business grew to encompass a chain of suppliers, retailers, wholesalers and business associates with locations in Kansas, California, Massachusetts, New Jersey, Oregon, Nevada and Indiana, as well as in other nations including Argentina, Latvia, Germany, Lithuania, the United Kingdom, Ukraine, the Netherlands, Canada, Sweden, Singapore, Thailand and Uruguay. The defendants made at least $3.3 million from the sale of the drugs
Miller developed recipes for K2 and manufactured it. During the Sloans’ trial, prosecutors presented evidence that:
- The defendants manufactured and distributed K2 as an Aall natural product@ but it contained synthetic chemicals called JWH Compounds that mimic the effects of the THC in marijuana. Their products also contained solvents, either the alcohol Everclear or acetone, as well as other additives.
- They manufactured and sold at least four types of K2 products: Standard, Citron, Blonde and Summit, with Standard being the least potent and Summit being the most potent, depending on the amount of JWH Compounds that were mixed with herbs.
- The defendants manufactured the K2 without quality controls, resulting in inconsistent potencies. They intended K2 products to be smoked like marijuana by recreational drug users, but they falsely referred to K2 products as aromatic incense and falsely labeled them as Anot for consumption.@
Co-defendant Clark Sloan was sentenced to 87 months in federal prison. Jonathan Sloan was sentenced to 96 months.
“Protecting the public health lies at the core of FDA’s and Office of Criminal Investigation’s mission,” said Catherine Hermsen, special agent in charge, FDA Office of Criminal Investigation, Kansas City Field Office. “When innocent-appearing products disguise their actual ingredients, their safety cannot be assured. We will continue to work to bring to justice those who would endanger the public health.”
Grissom commended the Food and Drug Administration - OCI, Assistant U.S. Attorney Tanya Treadway and Assistant U.S. Attorney Tony Mattivi for their work on the case.
Identity Thief Sentenced to 15 Years in Prison in What Judge Called “Extraordinary” CaseRead the Press Release
SAN DIEGO – A Mexican national who stole the identity of a California-born farmworker and impersonated him for almost three decades – even claiming to be the father of some of his victim’s children - was sentenced in federal court today to 184 months in prison in what is believed to be the longest sentence of its kind.
Ramiro Plascencia-Orozco was charged in 2011 with two counts of aggravated identity theft and two counts of illegal reentry after deportation for acts that occurred in 2008 and 2011. He was convicted by a federal jury in August 2014 of all four counts after less than four hours of deliberation.
According to court records, Plascencia has used at least 35 different aliases over the course of four decades, but none more prolifically than that of Alberto Jose Del Muro-Guerrero, a man he met once through a mutual friend in the 1980s. Plascencia also has been removed from the United States more than 20 times and has been prosecuted 10 times for alien smuggling, illegal reentry, identity theft, false claim to U.S. Citizenship, drug trafficking and other crimes by the U.S. Attorney’s Office. At sentencing today, Plascencia still continued to assert that he is Del Muro.
U.S. District Judge John Houston said the long sentence was warranted in part because of Plascencia’s extensive criminal history, the decades-long impact of the crime on the victim and his family, and the defendant’s lack of remorse.
“The court finds the seriousness of identity theft is extraordinary in this case,” Judge Houston.
Later in the hearing, Judge Houston scolded Plascencia, speaking of the impact of his crimes on the real Del Muro. “Throughout the last 30 years he (Del Muro) has not had the opportunity to advance his life for himself and his family. He could not get a good job because of the criminal record that you imposed upon him. Because he couldn’t get a good job, it’s only reasonable to infer that his kids could not get a better education, that he could not have a better lifestyle for he and his family, because he was limited and handcuffed by you, because you stripped him of his identity throughout his entire adult life, to the benefit of yourself, and to his detriment - his extreme detriment.”
The judge criticized Plascencia for his legal maneuverings, including numerous instances in which he fired or pressed for the removal of almost all of his defense attorneys over the course of his criminal career in an attempt to delay proceedings.
“Unfortunately what a transcript in this case cannot reveal is your cavalier demeanor in court proceedings, demonstrating and telegraphing to this court that you understand what’s going on here and that you understand that you’re manipulating this entire system of justice, holding this very system hostage to your whim…for your own reasons,” Judge Houston said.
“I am extremely gratified by this sentence, which could not be more appropriate for a man who not only stole a name but hijacked a life for three decades,” said U.S. Attorney Laura Duffy. “We hope that with this sentence, Mr. Del Muro’s nightmare will be over and he will never again be forced to share his name with an audacious, calculating thief with no regard for anyone but himself.”
While arguing for a significant sentence, Assistant U.S. Attorney Marietta Geckos told the court: “We know that prison time cannot replace the years Mr. Del Muro has lost, the anxiety he has suffered, and the inconvenience he and his family endured. But today, for everyone here, we can say that there is one Mr. Del Muro, and he is not here today. Plascencia-Orozco is a serial violator of our immigration laws and is an unremorseful imposter. No U.S. citizen should have to fight this hard to save his own name. This must end.”
According to a statement read to the court by Assistant U.S. Attorney David Finn on behalf of Del Muro: “I want this to end, and for him (the defendant) to leave me alone, and I want him to get enough time in jail so that he doesn't come out and reuse my name. He only gets 3-4 years each time and as soon as he is released he uses my identity. Please do me a favor of putting an end to this. Have him stop bothering me and my family. It happens too often. Please give the maximum punishment you can since he deserves whatever you decide.”
According to court documents, Plascencia was arrested August 2, 2011 at the San Ysidro Port of Entry when he attempted to enter the United States through the pedestrian lane. He presented a U.S. birth certificate bearing the name Alberto Jose Del Muro, but a fingerprint inspection indicated that he was a Mexican citizen with no legal right to enter the U.S.
This attempted reentry occurred about one month after he had been deported by an immigration judge for entering the U.S. illegally yet again. The trial also included Plascensia’s 2008 illegal entry, and his illicit use of Del Muro’s documents at that time.
During trial, the real Alberto Jose Del Muro-Guerrero testified that he met Plascencia at a bar through a friend. The next day, Del Muro said, he ran into Plascencia in the street. Plascencia complained that their mutual friend had left him stranded, so Del Muro took Plascencia to his house and allowed him to sleep one night in his car.
Del Muro said Plascencia had asked for the car keys so he could listen to the radio. The next day, Del Muro found his car and Plascencia missing, along with his wallet, driver’s license, birth certificate and social security card, which he kept in the glove compartment on work days.
During his testimony, Del Muro explained that he worked in the fields and could be stopped by immigration authorities at any time, so he kept his identification documents at the ready, in the glove compartment of his car. He said he could not keep them in his pocket because they would get wet while working in the fields. Del Muro immediately reported his car stolen to police. His 1969 Ford Montego was later found in Oregon, but he would later realize he’d suffered a loss that proved far worse.
According to court transcripts, Del Muro testified that he started getting tickets after that, and his license was suspended. “I would go the Department of Motor Vehicles, and then the first thing that would show up would be his picture.” Even now, Del Muro has been unable to get a California Driver’s license.
Plascencia took the stand in his own defense. In addition to the wholesale adoption of the true Del Muro’s relatives - including names of parents, grandparents, children, spouse, date of birth, and city of birth - the defendant claimed that the true Mr. Del Muro – the victim in this case - had actually stolen the defendant’s wife/woman, and that some or all of the Del Muro children were fathered by the defendant.
According to the government’s sentencing memorandum, “The suffering caused by defendant Plascencia on the Del Muro family is palpable as they have been dragged through litigation for almost three decades because of defendant Plascencia’s identity theft.”
DEFENDANTS Case Number: Ramiro Plascencia-Orozco Age: 60 Guadalajara, Jalisco, Mexico CHARGESTwo counts (2 & 4) Aggravated Identity Theft, in violation of Title 18 U.S.C. Sec. 1028A – required penalty two years per count consecutive to any other term of imprisonment.
Two counts (1 & 3) Illegal Entry after Deportation, in violation of Title 8, U.S.C., Sec. 1326 (a)(b)–, Maximum penalties 20 years in prison, $250,000 fine.
INVESTIGATING AGENCIESU.S. Customs and Border Protection