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Friday 23 January 2015
Alleged Terrorist, Charged with Murder of Five American Soldiers, Extradited to United StatesRead the Press Release
Tomorrow, January 24, 2015, Faruq Khalil Muhammed ‘Isa, also known as “Faruq Khalil Muhammad ‘Isa,” “Sayfildin Tahir Sharif,” and “Tahir Sharif Sayfildin,” will have his initial appearance at the federal courthouse in Brooklyn, New York, on charges of conspiring to kill Americans abroad, murdering Americans abroad, and providing material support to a terrorist conspiracy to kill Americans abroad. ‘Isa was extradited to the United States from Canada.
The extradition was announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York; John P. Carlin, Assistant Attorney General for National Security; George Venizelos, Assistant Director in Charge, Federal Bureau of Investigation, New York Field Office (FBI); and William J. Bratton, Commissioner, New York City Police Department (NYPD).
According to court documents, the defendant is charged in connection with his support for a multinational terrorist network that conducted multiple suicide bombings in Iraq. According to the complaint, filed on January 14, 2011 in the Eastern District of New York, the defendant assisted in orchestrating an attack on the United States Military’s Forward Operating Base Marez (“FOB Marez”) in Mosul, Iraq, on April 10, 2009. A truck laden with explosives drove to the gate of FOB Marez and exchanged fire with Iraqi police officers guarding the base and then with an American convoy exiting the base. The truck detonated alongside the last vehicle in the U.S. convoy, leaving a 60-foot crater in the ground. Five American soldiers were killed in the blast. They are: Staff Sergeant Gary L. Woods, 24, of Lebanon Junction, Kentucky; Sergeant First Class Bryan E. Hall, 32, of Elk Grove, California; Sergeant Edward W. Forrest Jr., 25, of St. Louis, Missouri; Corporal Jason G. Pautsch, 20, of Davenport, Iowa; and Army Private First Class Bryce E. Gaultier, 22, from Cyprus, California.
“Today’s extradition demonstrates to those who orchestrate violence against our citizens and our soldiers that there is no corner of the globe from which they can hide from the long reach of the law,” stated United States Attorney Lynch. “We will continue to use every available means to bring to justice those who are responsible for the deaths of American servicemen and women who paid the ultimate price in their defense of this nation.” Ms. Lynch extended her grateful appreciation to the Canadian government for its assistance and cooperation in the extradition.
“Faruq Khalil Muhammed ‘Isa is alleged to have helped orchestrate an attack that killed five U.S. soldiers at the Forward Operating Base Marez in Mosul, Iraq in 2009,” said Assistant Attorney General Carlin. “The families of these five Americans and all who have lost loved-ones to acts of terrorism should know that we will never cease seeking to hold terrorists accountable for their acts. I want to thank the many agents, analysts, and prosecutors who are responsible for this matter.”
“As alleged, Faruq Khalil Muhammad ‘Isa was involved in the most callous act: a suicide bombing murdering U.S. soldiers in Iraq,” said FBI Assistant Director in Charge Venizelos. “Our memory is long, and our reach is longer. Today we hope to bring some measure of justice to the families of those five servicemen who sacrificed their lives in defense of this nation.”
“I want to commend the United States Attorney Loretta Lynch and her team for working closely with the NYPD and the FBI to extradite this individual who is allegedly responsible for the death of soldiers sworn to protect and serve. We hope today’s extradition will bring some closure to the families,” stated NYPD Commissioner Bratton.
If convicted, the defendant faces a maximum sentence of life imprisonment. The charges in the complaint are merely allegations, and the defendant is presumed innocent unless and until proven guilty.
The government’s case is being prosecuted by Assistant United States Attorneys Zainab Ahmad, Alexander Solomon, and Peter Baldwin, with assistance provided by the Justice Department’s Counterterrorism Section and Office of International Affairs.
The Defendant:
FARUQ KHALIL MUHAMMAD ‘ISA
Age: 36
Nationality: Canadian
E.D.N.Y. Docket No. 11-CR-819
Aircraft Mechanic Sentenced to Federal Prison for Falsifying the Airworthiness of an Aircraft PartRead the Press Release
Ocala, Florida – Senior U.S. District Judge Wm. Terrell Hodges has sentenced Clive Felix Ure (58) to 12 months in federal prison for falsifying the airworthiness of a propeller that he had sold to the owner of a private plane. He was also ordered to pay restitution in the amount of $67,772.14. Ure pleaded guilty on July 10, 2014.
According to court documents, Ure held Federal Aviation Administration licenses as an aircraft mechanic and a private pilot. In September 2012, he agreed to sell a propeller, which he had listed on eBay, to the owner of a private plane in Oregon. During negotiations regarding the sale, Ure represented that the propeller had been overhauled and that it had not been used since the overhaul.
In fact, an FAA-certified propeller repair station had told Ure that the propeller was not airworthy and could not be overhauled for use on an airplane. At the time Ure sold the propeller, it not been overhauled. To “prove” that the propeller had been overhauled, Ure sent the buyer a log book in which there was a false entry for the overhaul. He also stamped a false serial number on the propeller because the true serial number had been obliterated by the propeller repair station, at the direction of the FAA.
In addition, as part of his plea agreement, Ure agreed to pay restitution to another private plane owner and to a flight training school, both of whom had engaged Ure to overhaul aircraft engines. When he overhauled the engines, Ure used parts that had not been approved by the FAA, some of which were unairworthy. The engines subsequently had to be closely inspected and overhauled again, at significant expense. The court ordered Ure to pay restitution in the amount of $49,136.86 to the private plane owner and in the amount of $18,635.28 to the flight training school.
This case was investigated by the U.S. Department of Transportation Office of Inspector General and the Federal Aviation Administration. It was prosecuted by Assistant United States Attorney Arnold B. Corsmeier.
Acoma Pueblo Man Pleads Guilty to Assaulting Intimate Partner by StrangulationRead the Press Release
ALBUQUERQUE – Brian J. Juanico, 37, a member and resident of the Acoma Pueblo, N.M., pleaded guilty today to an indictment charging him with three counts of assault of an intimate partner by strangulation. The guilty plea was entered without the benefit of a plea agreement.
Juanico was arrested on Aug. 15, 2014, on a criminal complaint alleging that on April 6, 2014, he assaulted his intimate partner, an Acoma Pueblo woman, by strangulation. According to the complaint, Juanico committed the crime on the Acoma Indian Reservation in Cibola County, N.M. Court records reflect that Juanico was arrested on related tribal charges on May 1, 2014.
Juanico was indicted in Sept. 2014, in an indictment charging him with assaulting his intimate partner on April 6, 2014. The indictment alleged that Juanico strangled and attempted to suffocate the victim three separate and distinct times on that day.
Today Juanico pled guilty to all three counts of the indictment. He was remanded into federal custody after entering his guilty plea and will remain detained pending his sentencing hearing, which has yet to be scheduled. At sentencing Juanico faces a statutory maximum sentence of ten years in federal prison.
This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Acoma Pueblo Tribal Police Department and is being prosecuted by Assistant U.S. Attorneys Novaline D. Wilson and David Adams.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Abilene Man Sentenced to 10 Years in Federal Prison for Possessing Child PornographyRead the Press Release
LUBBOCK, Texas — Reymundo Alejandro Sanchez, 21, of Abilene, was sentenced today by U.S. District Judge Sam R. Cummings to 10 years in federal prison, following his guilty plea in October 2014 to one count of possession of child pornography. The announcement was made today by John Parker, Acting U.S. Attorney for the Northern District of Texas.
According to plea documents filed in the case, Sanchez used his cell phone to communicate with several persons using a mobile application called Kik, as well as through Facebook and other means. Many of those persons identified themselves to Sanchez as minors.
Sanchez engaged many of those persons in sexually oriented communication, which often included Sanchez sending one or more sexually explicit images of himself. In exchange, Sanchez sometimes received images or videos of minors engaged in sexually explicit conduct. One example of such child pornography was a video that Sanchez received on approximately April 30, 2014, which depicted a female minor, under age 18, engaged in sexually explicit conduct.
Sanchez’s pretrial release was revoked earlier this month when the Court found that he had violated conditions of his release.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s 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 sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about Internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The Abilene Police Department and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations investigated the case. Assistant U.S. Attorney Steven M. Sucsy prosecuted.
15th Member of Washington, D.C.-Based Identity Theft Ring Pleads GuiltyRead the Press Release
Defendant Admits To Targeting Parents Of Hospitalized Children, Among Others
A Maryland woman pleaded guilty today in connection with her involvement in a sophisticated identity theft ring that stole the identities of over 600 individuals in Washington, D.C., and surrounding areas with an estimated loss of well over $1 million. Fifteen members of the fraud ring—which targeted, among others, the parents of sick and injured kids receiving treatment at a children’s hospital in Washington, D.C.—have been convicted so far as a result of this investigation.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Dana J. Boente of the Eastern District of Virginia, U.S. Attorney Rod J. Rosenstein of the District of Maryland and Special Agent in Charge Kathy A. Michalko of the U.S. Secret Service’s Washington Field Office made the announcement after the guilty plea was accepted by U.S. District Judge Claude M. Hilton of the Eastern District of Virginia.
“Identity theft wreaks havoc on the lives of American citizens every year,” said Assistant Attorney General Caldwell. “But this group took the distress to a new level by targeting the parents of hospitalized children and stealing their identities, as well as those of other customers and members of businesses in the Washington, D.C., area. Along with our law enforcement partners, the Criminal Division is committed to protecting the privacy and financial security of the American people from both foreign and domestic thieves.”
Leah Shanae Elliott, 22, of Clinton, Maryland, pleaded guilty to one count of conspiracy to commit bank fraud, access device fraud and identity theft. A sentencing hearing is scheduled for April 24, 2015, before Judge Hilton.
In a statement of facts filed with her plea agreement, Elliott admitted that she was a member of a large-scale identity theft ring that operated in the Washington, D.C., metropolitan area and elsewhere. According to Elliott, members of the ring used their employment at local businesses and nonprofits—including banks, credit unions, medical and dental centers, employee associations, restaurants and stores—to access and steal personally identifiable information (PII) such as social security numbers, addresses, and dates of birth, as well as debit and credit card information. The conspirators then used this stolen information to manufacture fraudulent driver’s licenses and other identifications, as well as fraudulent debit and credit cards. Conspirators used the fake identifications and debit or credit cards to establish lines of credit, purchase merchandise at retail establishments, make unauthorized withdrawals from victims’ bank accounts and manufacture and cash counterfeit checks.
Elliott specifically admitted that that she stole PII and debit and credit card information at the restaurant at which she worked, and used stolen PII and fraudulent driver’s licenses to open lines of credit and obtain rental vehicles, computers, televisions, cameras, watches, jewelry and other items under victims’ names. She also admitted that she retrieved “skimming” devices loaded with stolen PII and debit and credit card information from other members of the conspiracy and used those devices to transfer the stolen information into fake identifications and debit and credit cards.
Further, Elliott admitted that she solicited her mother—a credit and collections representative at a children’s hospital in Washington, D.C.—to steal the identities of parents of sick or injured children, and that after a further request from one of the ring’s leaders, her mother ultimately provided 78 stolen “profiles” from the hospital.
Members of the fraud ring previously convicted include:
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Erin Lyles-Armstrong, 34, of Germantown, Maryland, who pleaded guilty to one count of aggravated identity theft on Feb. 1, 2012;
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Justin Gatling, 28, of Silver Spring, Maryland, who pleaded guilty to one count of exceeding authorized access to information stored in a computerized financial record of a financial institution on March 29, 2012;
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Segale Battle, 30, of Capitol Heights, Maryland, who pleaded guilty to identity theft on Sept. 15, 2013;
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Rungnatee Pearson, 45, of Bronx, New York, who pleaded guilty to one count of access device fraud on Sept. 18, 2013;
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Jamille Ferguson, 31, of Dumfries, Virginia, who pleaded guilty to one count of access device fraud and one count of aggravated identity theft on Oct. 8, 2013;
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Christopher Bush, 30, of New York, New York, who pleaded guilty to one count of bank fraud, one count of access device fraud and one count of aggravated identity theft on Oct. 11, 2013;
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Jenaro Blalock, 31, of Clinton, Maryland, who pleaded guilty to one count of access device fraud and one count of aggravated identity theft on Oct. 29, 2013;
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Kevin Middleton, 32, of McClellanville, South Carolina, who pleaded guilty to one count of access device fraud on Dec. 16, 2013;
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Adrienne Pritchett, 42, of District Heights, Maryland, who pleaded guilty to one count of bank fraud and one count of aggravated identity theft on Oct. 3, 2013;
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Tekia Thomas, 22, of Alexandria, Virginia, who pleaded guilty to one count of access device fraud on Oct. 8, 2013;
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Elizabeth Monika Hunter, 20, of Fredericksburg, Virginia, who pleaded guilty to one account of access device fraud on Jan. 28, 2014;
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LaShawn Powell, 35, of Upper Marlboro, Maryland, who pleaded guilty to one count of making false statements on April 15, 2014;
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Detrius Elliott, 43, of Clinton, Maryland, who pleaded guilty to one count of identity theft on May 29, 2014; and
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Chantel Thompson, 22, of Washington, D.C., who pleaded guilty to one count of conspiracy to commit bank fraud, access device fraud, and identity theft on Jan. 9, 2015.
Most of the defendants have already been sentenced. Last year Judge Hilton sentenced Blalock and Bush, two of the leaders of the ring, to 12 years in prison and 10 years in prison, respectively. Blalock was also ordered to pay $614,685.58 in restitution.
The U.S. Secret Service led this investigation, with significant assistance from the U.S. Postal Inspection Service, U.S. Department of Agriculture’s Office of Inspector General, U.S. Office of Personnel Management’s Office of Inspector General, Montgomery County Police Department, Fairfax County Police Department, City of Fairfax Police Department, D.C. Metropolitan Police Department, Metropolitan Washington Airports Authority, Prince George’s County Police Department’s Washington Area Vehicle Enforcement Unit and others. The cases are being prosecuted by Senior Counsels Matthew A. Lamberti and Peter V. Roman of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Tamera Fine of the District of Maryland.
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Thursday 22 January 2015
Youngstown Man Indicted for Narcotics and FirearmsRead the Press Release
A federal grand jury returned a four-count indictment charging Daron Nesbitt, 35, of Youngstown, with distribution of controlled substances, possession with intent to distribute controlled substances and with being a felon in possession of firearms and ammunition, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Count 1 of the indictment alleges that on or about October 20, 2014, Nesbitt distributed heroin and MDMA.
Count 2 of the indictment alleges that on or about November 5, 2014, Nesbitt distributed heroin and MDMA.
Count 3 of the indictment alleges that on or about November 12, 2014, Nesbitt possessed with the intent to distribute heroin, cocaine, MDMA and marijuana.
Count 4 of the indictment alleges that Nesbitt possessed a Raven Arms, model P25, .25 caliber pistol, and a Walther, model P22, .22 caliber pistol, and ammunition, after having been convicted on felonious assault in the Court of Common Pleas, Mahoning County, Ohio; trafficking in drugs in the Court of Common Pleas, Columbiana County, Ohio; and aggravated trafficking in drugs in the Court of Common Pleas, Trumbull County, Ohio.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
The investigation preceding the indictment was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Mahoning Valley Law Enforcement Task Force. The matter is being prosecuted by Assistant United States Attorney David M. Toepfer.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Yogurt Entrepreneur Sentenced to Five Years in Federal Prison for Intentionally Setting Fire to His Dallas BusinessRead the Press Release
DALLAS — A Dallas businessman was sentenced today for intentionally setting fire to his business, announced John Parker, Acting U.S. Attorney for the Northern District of Texas.
Edgar Dalmiro Diaz, 56, was sentenced by U.S. District Judge Jane J. Boyle to 60 months in federal prison and ordered to pay $1,508,533 in restitution. Diaz pleaded guilty in January 2014 to an indictment charging one count of malicious use of explosive materials. At the conclusion of today’s hearing, Judge Boyle remanded Diaz into federal custody.
Diaz is the creator of “Three Happy Cows” yogurt. That business was located in northwest Dallas at 2750 Northhaven Drive.
According to documents filed in the case, in mid-March 2013, Diaz intentionally set fire to that building. At that time, businesses located in the building were engaged in activities that affected interstate commerce, and the fire Mr. Diaz set damaged the building and its contents.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and Dallas Fire-Rescue investigated. Assistant U.S. Attorney Taly Haffar prosecuted.
Woman Sentenced for Stealing over 50K from Brockton Post OfficeRead the Press Release
GREAT FALLS—The United States Attorney’s Office announces that Brockton, Montana, resident and ex-Postmaster Relief Jana Nygard was sentenced today to 14 months imprisonment followed by three years supervised release for stealing over $50,000 from the Brockton post office. U.S. District Court Judge Brian Morris ordered Nygard to serve the first seven months in prison and the last seven months in home detention so she could begin paying back restitution. The court ordered her to pay $50,392.81 in restitution.
In an Offer of Proof filed with the court, Assistant United States Attorney Laura Weiss said that Nygard embezzled from the United States Post Office during the summer of 2013. She issued money orders for personal use and failed to provide payment for the money orders she stole. She also issued money orders to customers but failed to remit the funds received for the money orders. She repeated that process with approximately 145 money orders, valued at $43,213.98. She also stole $1,606.86 in stamp revenue. The shortage resulted from Nygard selling stamps but then using the money to cover the sale in the amount of $5,571.97. In total, she embezzled more than $50,300 while working as the Postmaster Relief. In October 2014, Nygard pleaded guilty to Embezzlement of Government Property.
“The majority of U.S. Postal Service employees are dedicated public servants who take great pride in ensuring the sanctity and security of U.S. Postal Service property and its funds,” U.S.P.S. Office of Inspector General Special Agent in Charge Pete Gately said. “Unfortunately, Jana Nygard betrayed the trust placed in her by the Postal Service and the public she was sworn to serve. Her actions resulted in deserved consequences for such behavior.”
The investigation was conducted by the U.S. Postal Service Office of Inspector General. Assistant United States Attorney Laura Weiss prosecuted the case.
Wilkes-barre Township Volunteer Fire Department Chief Sentenced to Six Months in Prison for Stealing Department FundsRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that John Yuknavich, age 51, former Chief of the Wilkes-Barre Township Volunteer Fire Department, was sentenced by U.S. District Court Judge Edwin M. Kosik to six months in federal prison for stealing $45,000 from the fire department and Wilkes-Barre Township in the course of his duties as Chief of that fire department between 2008 and 2011. Yuknavich was further ordered to serve six months of home confinement upon release from incarceration, followed by three years of supervised release.
According to United States Attorney Peter Smith, Yuknavich was responsible for ensuring the deposit of monthly funds received from Wilkes-Barre Township, as well as all other funds received either through charitable contributions or annual state aid received from the Commonwealth of Pennsylvania. Yuknavich allegedly deposited only part of the monthly $3500 check received from Wilkes-Barre Township intended to pay fire department bills, and took the remainder of the check in cash, most of which he used for his personal benefit.
Federal law prohibits theft or intentional misapplication of $5,000 or more from local government programs that receive more than $10,000 in federal funds annually.
The Government also filed an additional sentencing agreement wherein Yuknavich agreed to resign completely from the Wilkes-Barre Township fire department and the Wilkes-Barre Township Fire Hall in all capacities, effective immediately. He was also ordered to pay $45,000 in restitution.
The prosecution is the result of a joint investigation by the Federal Bureau of Investigation (FBI), the Luzerne County District Attorney’s Office, and the Pennsylvania State Police with the assistance of the Pennsylvania Department of the Auditor General. Prosecution is assigned to Assistant United States Attorney Michelle Olshefski.
West Mifflin Man Pleads Guilty to Child Pornography ChargeRead the Press Release
PITTSBURGH, Pa. - A resident of Allegheny County, Pennsylvania, pleaded guilty in federal court to a charge of possession of material depicting the sexual exploitation of a minor, United States Attorney David J. Hickton announced today.
Ryan Henry Miller, 30, of West Mifflin, Pa., pleaded guilty to one count before United States District Judge Arthur J. Schwab.
In connection with the guilty plea, the court was advised that on or about July 17, 2014, Miller knowingly possessed videos and images in computer graphic files, the production of which involved the use of minors engaging in sexually explicit conduct, some of whom had not yet attained 12 years of age.
Judge Schwab scheduled sentencing for June 2, 2015, at 10 a.m. The law provides for a total sentence of 20 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Jessica Lieber Smolar is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, the Indiana County District Attorney’s Office, the Allegheny County District Attorney’s Office, the Allegheny County Police Department and the West Mifflin Police Department conducted the investigation that led to the prosecution of Miller.
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.
Waterbury Man Pleads Guilty to Federal Firearm and Narcotics OffensesRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that BRANDON SAPP, 28, of Waterbury, pleaded guilty today before U.S. District Judge Janet Bond Arterton in New Haven to one count of possession of narcotics with the intent to distribute, and one count of possession of a firearm in furtherance of a drug trafficking crime.
According to court documents and statements made in court, Watertown Police observed SAPP drive up to a residence on Franklin Avenue and conduct what appeared to be a narcotics transaction with another individual standing outside of the home. When officers attempted to stop his car, SAPP pulled away at a high rate of speed. In the ensuing pursuit, SAPP struck a police vehicle, exited his car and fled on foot. He was apprehended a short time later.
A search of the route through which SAPP had fled revealed a 9mm semi-automatic pistol, and a search of his car revealed three 9mm firearm magazines, 15 rounds of 9mm ammunition and 375 baggies heroin marked “Obsession.” SAPP also possessed approximately $990 in cash.
Judge Arterton scheduled sentencing for April 15, 2015, at which time SAPP faces a maximum term of imprisonment of 20 years for the narcotics offense, and a consecutive term of imprisonment of at least five years for the firearm offense.
This matter has been investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Watertown Police Department. The case is being prosecuted by Assistant U.S. Attorney Gabriel J. Vidoni.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]Ville Platte Man Sentenced to 46 Months in Prison for Robbing St. Landry Parish Truck Stop CasinoRead the Press Release
LAFAYETTE, La. – United States Attorney Stephanie A. Finley announced today that a Ville Platte man was sentenced to 46 months in prison for taking part in an armed robbery of a St. Landry Parish truck stop casino in which more than $11,000 was taken.
Arinskie Tryvon Orlandeze Jones, 25, of Ville Platte, La., was sentenced by U.S. District Judge Richard T. Haik for one count of interference with commerce by robbery. He was also sentenced to three years of supervised release and ordered to pay $2,100 restitution.
Jones and two other Ville Platte men, Ronald James Doomes and Steven Dudley Nelson, were indicted on October 24, 2012, on charges that they took part in an armed robbery on April 8, 2011, at the Tiger Trax Truckstop #7 and Video Joker II Casino located in St. Landry Parish. A federal jury found Jones guilty on July 31, 2014 after a three-day trial. Doomes was found guilty of one count of armed robbery and one count of use and carrying of a firearm during and in relation to a crime of violence after a federal trial that ended August 1, 2014. Doomes was sentenced on November 14, 2014 to 102 months in prison and five years of supervised release. Nelson pleaded guilty to the same charges on October 28, 2013. He was sentenced on September 19, 2014 to 105 months in prison and five years of supervised release.
This case is part of Project Safe Neighborhoods, which is a Department of Justice initiative designed to reduce firearm crimes by removing dangerous and persistent felons from the community and promoting firearm safety.
The FBI Safe Streets Task Force, ATF and the St. Landry Parish Sheriff’s Office conducted the investigation. Assistant U.S. Attorneys Joseph T. Mickel and David C. Joseph prosecuted the case.
United States Attorneys John F. Walsh and Richard S. Hartunian to Lead Attorney General’s Advisory CommitteeRead the Press Release
Attorney General Eric Holder announced today the appointment of United States Attorney John F. Walsh for the District of Colorado as chair of the Attorney General’s Advisory Committee of United States Attorneys (AGAC). Attorney General Holder also appointed United States Attorney Richard S. Hartunian for the Northern District of New York to serve as vice chair. Both appointments are effective immediately.
“Throughout their respective tenures in Colorado and the Northern District of New York, John Walsh and Richard Hartunian have been thoughtful leaders of the United States Attorney community, fierce advocates for the citizens they serve, and champions of the cause of justice,” said Attorney General Holder. “Each of them has been instrumental in addressing sensitive legal issues, handling difficult cases, and shaping and implementing critical Smart on Crime reforms. I thank John and Richard for agreeing to lead the Attorney General’s Advisory Committee – and for lending their perspectives and deep experience to the pressing policy questions about which I, and Attorney General-designate Loretta Lynch, will surely look to them for guidance and counsel.”
U.S. Attorney Walsh previously served on the AGAC from February 2011 to January 2013 as the chair of the Medical Marijuana Working Group and co-chair of the White Collar/Fraud Subcommittee. He replaces U.S. Attorney for the Eastern District of New York and Attorney General nominee Loretta E. Lynch.
U.S. Attorney Hartunian was appointed to the AGAC in April 2013 and has served as the chair of the Border and Immigration Subcommittee in addition to serving on several committees. He replaces Acting Deputy Attorney General and former U.S. Attorney for the Northern District of Georgia Sally Quillian Yates.
Attorney General Holder also thanked U.S. Attorney Lynch and Acting Deputy Attorney General Yates for serving as chair and vice chair of the AGAC for the past two years.
“I want to express my heartfelt personal thanks to both Loretta Lynch and Sally Yates for their outstanding leadership of the Attorney General’s Advisory Committee,” said Attorney General Holder. “It has been a pleasure and a privilege to work closely with them on a range of critical issues over the years. I am both proud and deeply gratified that the American people will continue to benefit from their service in the new roles to which President Obama has nominated them. And I am confident that the Department of Justice will only grow stronger under their leadership as Attorney General and Deputy Attorney General, respectively.”
The AGAC was created in 1973 to serve as the voice of the United States Attorneys and to advise the Attorney General on policy, management and operational issues impacting the offices of the United States Attorneys.
United States Attorneys John F. Walsh and Richard S. Hartunian to Lead Attorney General’s Advisory CommitteeRead the Press Release
WASHINGTON - Attorney General Eric H. Holder, Jr. announced today the appointment of United States Attorney for the District of Colorado John F. Walsh as chair of the Attorney General’s Advisory Committee of United States Attorneys (AGAC). Attorney General Holder also appointed United States Attorney for the Northern District of New York Richard S. Hartunian to serve as vice chair. Both appointments are effective immediately.
“Throughout their respective tenures in Colorado and the Northern District of New York, John Walsh and Richard Hartunian have been thoughtful leaders of the United States Attorney community, fierce advocates for the citizens they serve, and champions of the cause of justice,” said Attorney General Eric Holder. “Each of them has been instrumental in addressing sensitive legal issues, handling difficult cases, and shaping and implementing critical Smart on Crime reforms. I thank John and Richard for agreeing to lead the Attorney General’s Advisory Committee – and for lending their perspectives and deep experience to the pressing policy questions about which I, and Attorney General-designate Loretta Lynch, will surely look to them for guidance and counsel.”
U.S. Attorney Walsh previously served on the AGAC from February 2011 to January 2013, served as the chair of the Medical Marijuana Working Group and co-chair of the White Collar/Fraud Subcommittee. He replaces U.S. Attorney for the Eastern District of New York and Attorney General nominee Loretta E. Lynch.
U.S. Attorney Hartunian was appointed to the AGAC in April 2013 and has served as the chair of the Border and Immigration Subcommittee in addition to serving on several committees. He replaces Acting Deputy Attorney General and former U.S. Attorney for the Northern District of Georgia Sally Quillian Yates.
Attorney General Holder also thanked U.S. Attorneys Lynch and Yates for serving as chair and vice chair of the AGAC for the past two years.
“I want to express my heartfelt personal thanks to both Loretta Lynch and Sally Yates for their outstanding leadership of the Attorney General’s Advisory Committee,” said Attorney General Eric Holder. “It has been a pleasure and a privilege to work closely with them on a range of critical issues over the years. I am both proud and deeply gratified that the American people will continue to benefit from their service in the new roles to which President Obama has nominated them. And I am confident that the Department of Justice will only grow stronger under their leadership as Attorney General and Deputy Attorney General, respectively.”
The AGAC was created in 1973 to serve as the voice of the United States Attorneys and to advise the Attorney General on policy, management and operational issues impacting the offices of the United States Attorneys.
United States Attorneys John F. Walsh and Richard S. Hartunian to Lead Attorney General's Advisory CommitteeRead the Press Release
WASHINGTON - Attorney General Eric Holder announced today the appointment of United States Attorney John F. Walsh for the District of Colorado as chair of the Attorney General’s Advisory Committee of United States Attorneys (AGAC). Attorney General Holder also appointed United States Attorney Richard S. Hartunian for the Northern District of New York to serve as vice chair. Both appointments are effective immediately.
“Throughout their respective tenures in Colorado and the Northern District of New York, John Walsh and Richard Hartunian have been thoughtful leaders of the United States Attorney community, fierce advocates for the citizens they serve, and champions of the cause of justice,” said Attorney General Holder. “Each of them has been instrumental in addressing sensitive legal issues, handling difficult cases, and shaping and implementing critical Smart on Crime reforms. I thank John and Richard for agreeing to lead the Attorney General’s Advisory Committee – and for lending their perspectives and deep experience to the pressing policy questions about which I, and Attorney General-designate Loretta Lynch, will surely look to them for guidance and counsel.”
U.S. Attorney Walsh previously served on the AGAC from February 2011 to January 2013 as the chair of the Medical Marijuana Working Group and co-chair of the White Collar/Fraud Subcommittee. He replaces U.S. Attorney for the Eastern District of New York and Attorney General nominee Loretta E. Lynch.
U.S. Attorney Hartunian was appointed to the AGAC in April 2013 and has served as the chair of the Border and Immigration Subcommittee in addition to serving on several committees. He replaces Acting Deputy Attorney General and former U.S. Attorney for the Northern District of Georgia Sally Quillian Yates.
Attorney General Holder also thanked U.S. Attorney Lynch and Acting Deputy Attorney General Yates for serving as chair and vice chair of the AGAC for the past two years.
“I want to express my heartfelt personal thanks to both Loretta Lynch and Sally Yates for their outstanding leadership of the Attorney General’s Advisory Committee,” said Attorney General Holder. “It has been a pleasure and a privilege to work closely with them on a range of critical issues over the years. I am both proud and deeply gratified that the American people will continue to benefit from their service in the new roles to which President Obama has nominated them. And I am confident that the Department of Justice will only grow stronger under their leadership as Attorney General and Deputy Attorney General, respectively.”
“I’m deeply honored that the Attorney General has asked me to serve as chair of this crucial advisory committee,” said Colorado U.S. Attorney John Walsh. “And it is a great honor to represent the men and women of U.S. Attorney’s Offices nationally, who work tirelessly every day to protect the American people and pursue justice in the courts.”
The AGAC was created in 1973 to serve as the voice of the United States Attorneys and to advise the Attorney General on policy, management and operational issues impacting the offices of the United States Attorneys.
Two Mexican Nationals Sentenced for Sex Trafficking OffensesRead the Press Release
The Department of Justice today announced that Judge Amy Totenberg of the United States District Court for the Northern District of Georgia sentenced two defendants, Arturo Rojas-Coyotl, 28, and Odilon Martinez-Rojas, 43, both of Tenancingo, Tlaxcala, Mexico, to 192 months and 262 months in prison, respectively, for their roles in compelling three young women to prostitute in the Atlanta, Georgia., area. In imposing the sentences, United States District Court Judge Totenberg also ordered the defendants to pay $180,000 in restitution to the victims.
“Human trafficking is modern-day slavery-- period. No matter the label, the of use violence, intimidation, psychological coercion, deception, or fear to exploit fellow human beings is repugnant,” said Acting Deputy Attorney General Sally Quillian Yates. “The long sentences handed down today are just one of the latest examples of the Justice Department's unshakable resolve to dismantle human trafficking networks and prosecute those who would commit these unspeakable crimes against some of the most vulnerable in our society." Yates’ previous service as United States Attorney from 2010 to 2015 included making her district—the Northern District of Georgia—one of several key U.S. districts engaged in the Bilateral Human Trafficking Enforcement Initiative.
In October 2014, the defendants pleaded guilty to three counts of sex trafficking and three related immigration violations pertaining to three separate victims of their sex trafficking scheme. According to the indictment and documents filed in court, in early 2006, Rojas-Coyotl lured a young Mexican national of indigenous heritage using false promises of love, legitimate work and a better life to induce her to travel with him into the United States. Upon her arrival in the United States, Rojas-Coyotl and Martinez-Rojas used physical violence, threats, intimidation, deception and psychological manipulation to compel her to engage in prostitution, for the defendants’ profit, in Georgia and Alabama, for over a year and half until she escaped in November 2007.
In March 2007, Rojas Coyotl and Martinez started romancing two young Guatemalan women and lured them to the United States in October 2007, under the same false pretenses. The defendants then employed a nearly identical coercive scheme to compel the young women to prostitute in Georgia and Alabama before they escaped at separate times in early 2008.
The defendants made the young women fearful of law enforcement and thus, the victims did not immediately come forward. Once investigators did find and speak to them, the details of the trafficking emerged: the defendants ran a high volume, low cost business compelling the young women to have sex, at times with upwards of 20 men a night in 15 minute increments, for payment of $30- $35. The money earned by the victims was split between the defendants and others who drove the young women to the clients. One of the young women became ill and suffered great pain due to the repeated commercial sex acts she had to endure.
Since 2009, the Departments of Justice and Homeland Security have collaborated with Mexican law enforcement counterparts in a Bilateral Human Trafficking Enforcement Initiative, aimed at strengthening high-impact prosecutions under both U.S. and Mexican law, in order to more effectively dismantle human trafficking networks operating across the U.S.-Mexico border, bring human traffickers to justice, restore the rights and dignity of human trafficking victims and reunite victims with their children held under the trafficking networks’ control. These efforts have resulted in successful prosecutions in both Mexico and the United States, including U.S. federal prosecutions of over 50 defendants in multiple cases in Georgia, New York, Florida, and Texas since 2009, in addition to numerous Mexican federal and state prosecutions of associated sex traffickers.
“These defendants targeted vulnerable individuals, preying on their hopes and dreams, dominating and deceiving them, and selling their bodies to strangers, all so the defendants could collect thousands of dollars in prostitution proceeds while the victims lived in fear, denied control over their own lives,” said Acting Assistant Attorney General Vanita Gupta for the Civil Rights Division. “The Civil Rights Division is unwavering in its commitment to bringing human traffickers to justice and restoring the rights and dignity of the courageous survivors of all forms of modern-day slavery.”
“Sex trafficking is a horrendous crime that robs the victims of their freedom and dignity, leaving them feeling isolated and powerless,” said Acting United States Attorney John Horn for the Northern District of Georgia. “This case hits new lows in depravity given the number of times these girls were victimized each day. These defendants are being held accountable by U.S. laws which protect all victims of human trafficking.”
A third co-defendant, Daniel Garcia-Tepal, pleaded guilty to related immigration offenses. A fourth co-defendant, Severiano Martinez-Rojas, remains a fugitive.
“This case represents one of the worst examples of human trafficking and why it is such a priority matter for not only law enforcement but for the many non-government agencies who help law enforcement in reporting human trafficking and providing assistance to those with nowhere else to turn,” said Special Agent in Charge J. Britt Johnson of the FBI’s Atlanta Office. “The FBI urges anyone with information regarding human trafficking activities to contact authorities and help put an end to modern day slavery.”
“The defendants mercilessly manipulated, abused and exploited these women in a criminal scheme that is all too common in our communities,” said Acting Special Agent in Charge Ryan L. Spradlin of ICE Homeland Security Investigations in Atlanta. “Sex trafficking and other forms of human trafficking are a scourge on our society that HSI is dedicated to ending.”
This case was investigated by the Federal Bureau of Investigations and the Department of Homeland Security’s Homeland Security Investigations. It is being prosecuted by Trial Attorney Benjamin J. Hawk of the Civil Rights Division’s Human Trafficking Prosecution Unit and Assistant United States Attorney Susan Coppedge of the Northern District of Georgia.
Two Men Sentenced to Prison in International Child Exploitation Enterprise CaseRead the Press Release
MISSOULA – After being convicted at trial, two additional defendants have been sentenced to federal prison for their roles in an international child pornography network operated online, which was targeted by state and federal investigators and prosecutors participating in Operation Kingdom Conqueror. Defendant Steven Grovo, 35, of Shirley, Massachusetts was sentenced to 360 months in prison followed by lifetime supervised release. Defendant Joshua Petersen, 45, of Prescott, Arizona, was sentenced to 240 months in prison followed by 15 years supervised release. Eleven additional co-conspirators were previously sentenced in October 2014 for their respective roles. U.S. District Judge Donald W. Molloy of the District of Montana imposed the sentences.
According to court documents, in November 2009, an early participant in the conspiracy designed and created an online bulletin board that allowed members to exchange images, including child pornography. As the conspiracy progressed, additional members contributed to the design and operations of the board. Between Nov. 6, 2009, and March 19, 2012, members of the conspiracy used the online bulletin board to share pictures and videos of children engaged in sexually explicit conduct. During that same time period, the participants agreed to use the online bulletin board to solicit additional images of child pornography, which they would then share and broadcast on the Internet. Thirteen defendants have been charged and convicted for their participation in this child pornography network. Defendant Steven Grovo has two prior convictions for failure to register as a sex offender.
All of the defendants were ordered to forfeit their computers and storage devices. All defendants are required to pay $29,859 restitution.
The investigation, referred to as Operation Kingdom Conqueror, is an ongoing cooperative effort between the Criminal Division’s Child Exploitation and Obscenity Section, FBI, Montana Department of Criminal Investigations, Helena and Polson Police Departments, Immigration and Customs Enforcement’s Homeland Security Investigations, Montana Internet Crimes Against Children Task Force, and the States of Jersey Police Department, Isle of Jersey.
Trial Attorney Maureen C. Cain of the Criminal Division’s Child Exploitation and Obscenity Section and Assistant U.S. Attorney Cyndee L. Peterson of the District of Montana prosecuted the case.
This case was initiated under the Department of Justice’s Project Safe Childhood initiative which was launched in 2006 to combat the proliferation of technology-facilitated crimes involving the sexual exploitation of children. Through a network of federal, state, and local law enforcement agencies and advocacy organizations, Project Safe Childhood attempts to protect children by investigating and prosecuting offenders involved in child sexual exploitation. It is implemented through partnerships including the Montana Internet Crimes Against Children (ICAC) Task Force. The ICAC Task Force Program was created to assist state and local law enforcement agencies by enhancing their investigative response to technology facilitated crimes against children.
Two Columbia, Missouri Men Indicted on Federal Bank Robbery ChargesRead the Press Release
St. Louis, MO – CLARENCE LAMONT WILLIAMS and DANIEL MARK RUDROFF were indicted in connection with the August 22, 2014, armed robbery of the Bank Midwest in Randolph County.
Williams and Rudroff, both of Columbia, MO, were each indicted by a federal grand jury late Wednesday on one felony count of bank robbery and one felony count of possession of a firearm in furtherance of a crime of violence.
If convicted, bank robbery carries a maximum penalty of 20 years in prison and/or a fine up to $250,000. The firearm charge carries a minimum penalty of seven years consecutive to the sentence received in the bank robbery charge. In determining the actual sentences, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
This case was investigated by the Kirksville Office of the Federal Bureau of Investigation, Kirksville Police Department, Moberly Police Department, Missouri State Highway Patrol, Randolph County Sheriff’s Office and the Tazewell County, Illinois Sheriff’s Office, with assistance from additional law enforcement agencies. Assistant United States Attorney Tom Mehan is handling the case for the U.S. Attorney's Office.
As is always the case, charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.Two Bluefield men appear in federal court on drug chargesRead the Press Release
BLUEFIELD, W.Va. – United States Attorney Booth Goodwin announced today that Marvin Gillespie, 62, of Bluefield, West Virginia, was sentenced to six months in federal prison.
Gillespie pleaded guilty in September 2014, to distribution of hydromorphone. He admitted that on Feb. 6, 2014, he distributed two hydromorphone pills to a confidential informant in Bluefield.
The case was investigated by the Southern West Virginia Drug and Violent Crime Task Force. Assistant United States Attorney John J. File was in charge of the prosecution.
Goodwin also announced that Samuel Miller, 60, of Bluefield, pleaded guilty to distribution of hydromorphone. Miller admitted that on Aug. 28, 2014, he distributed hydromorphone pills to a confidential informant in Bluefield.
Miller faces up to 20 years in federal prison, and a $1 million fine. He is scheduled to be sentenced on May 28, 2015.
The case is being investigated by the Southern West Virginia Drug and Violent Crime Task Force. Assistant United States Attorney John J. File is in charge of the prosecution.
Senior United States District Judge David A. Faber presided over both cases.
Both cases are part of the Bluefield Pill Initiative, one component 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. 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 in communities across the Southern District.
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Tucson AZ Man Pleads Guilty to Methamphetamine, Marijuana DistributionRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that ISMAEL COBIAN MENDOZA, age 42, of Tucson, Arizona, pled guilty to Possession with Intent to Distribute Methamphetamine and Marijuana, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(D).
The charge arose from an investigation by the Oklahoma Highway Patrol and the Drug Enforcement Administration. The defendant was indicted in November, 2014.
The Indictment alleges that on or about November 3, 2014, within the Eastern District of Oklahoma, the defendant did knowingly and intentionally possess with intent to distribute five hundred (500) grams or more of methamphetamine, a Schedule II controlled substance and less than fifty (50) kilograms of marijuana, a Schedule I controlled substance.
The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion.
The statutory range of punishment is 10 years up to life imprisonment and/or up to a $10,000,000.00 fine. The defendant will remain in the custody of the United States Marshal Service pending sentencing.
Assistant United States Attorney Edward Snow represented the United States.
Trial Jury Convicts South Carolina Man for Advertising Child Pornography on Web-Based Bulletin BoardRead the Press Release
MISSOULA – After a two and a half day jury trial, defendant Daniel Brown, 26, of Taylor, South Carolina, was convicted for his role in an international child pornography web-based bulletin board, which was targeted by state and federal investigators and prosecutors participating in Operation Moon Runner. The trial was presided over by the Honorable Dana L. Christensen in Missoula, Montana.
Five defendants previously pled guilty for their role in the conspiracy in October, 2014. Six additional defendants filed their notice to plead guilty in January, 2015.
According to court documents, the board was created in September, 2011 and specialized in the advertisement, distribution, and receipt of child pornography. The board was broken-up into subforums where members were required to post images that corresponded to specific child pornography studios. The rules of the board required members to posts images of minor females once every certain number of weeks. Failure to post images within the required time period resulted in suspension from the board. The board permitted members to leave comments and to request more images of child pornography from board members.
The investigation, referred to as Operation Moon Runner, is an ongoing cooperative effort between the Criminal Division’s Child Exploitation and Obscenity Section, FBI, Montana Department of Criminal Investigations, Helena and Polson Police Departments, Immigration and Customs Enforcement’s Homeland Security Investigations, Montana Internet Crimes Against Children Task Force, and the Northumbria Police Department in the United Kingdom.
Trial Attorney Maureen C. Cain of the Criminal Division’s Child Exploitation and Obscenity Section and Assistant U.S. Attorney Cyndee L. Peterson of the District of Montana prosecuted the case.
This case was initiated under the Department of Justice’s Project Safe Childhood initiative which was launched in 2006 to combat the proliferation of technology-facilitated crimes involving the sexual exploitation of children. Through a network of federal, state, and local law enforcement agencies and advocacy organizations, Project Safe Childhood attempts to protect children by investigating and prosecuting offenders involved in child sexual exploitation. It is implemented through partnerships including the Montana Internet Crimes Against Children (ICAC) Task Force. The ICAC Task Force Program was created to assist state and local law enforcement agencies by enhancing their investigative response to technology facilitated crimes against children.
Traffic Stop of Bakersfield Men Traveling in Stockton Yields to Seizure of over 600 Grams of HeroinRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a single-count indictment today against Hammurabi Hernandez, 47 and Jorge Medina, 25, both from Bakersfield, charging them with possession with intent to distribute at least 100 grams of heroin, United States Attorney Benjamin B. Wagner announced.
According to the criminal complaint, on December 31, 2014, a California Highway Patrol officer stopped the defendants’ vehicle in Stockton for traffic violations. During a subsequent search of the vehicle, officers found a backpack on the rear floorboard with a white plastic bag containing two smaller plastic bags that contained heroin. The gross weight of the packages containing the heroin was 1.37 pounds (621.42 grams).
This case is the product of an investigation by the California Highway Patrol, the San Joaquin Sheriff’s Office, the San Joaquin Metropolitan Narcotics Taskforce (METRO), the San Joaquin District Attorney’s Office, and the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Assistant United States Attorney Olusere Olowoyeye is prosecuting the case.
If convicted, Hernandez and Medina face a maximum statutory penalty of 40 years in prison and a $5 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Thirteen Commercial Fishermen Charged in North Carolina with Illegally Harvesting and Selling Atlantic Striped BassRead the Press Release
WASHINGTON—Thirteen commercial fishermen in North Carolina and Georgia have been charged in federal court in Raleigh, North Carolina, for their role in the illegal harvest and sale, and false reporting of approximately 90,000 pounds of Atlantic striped bass from federal waters off the coast of North Carolina during 2009 and 2010, the Justice Department announced today. The average retail value of the illegally harvested Striped Bass is approximately $1.1 million dollars.
This investigation began as a result of the U.S. Coast Guard boarding of the fishing vessel Lady Samaira in February 2010, based on a complaint that multiple vessels were fishing Striped Bass illegally. The individuals have been charged with violating the Lacey Act, which is a federal law that prohibits individuals from transporting, selling, or buying fish and wildlife harvested illegally. Additionally, eleven of these fishermen also have been charged with filing false reports in connection with the illegally harvested fish. One of the fisherman is also charged with obstruction of a proceeding before a federal agency. Specifically, the indictments allege that the commercial fishermen transported and sold Atlantic striped bass, knowing that they were unlawfully harvested from federal waters off the coast of North Carolina. In an effort to hide their illegal fishing activities, these fishermen falsely reported harvesting these fish from state waters, where it would have been legal.
“The illegal poaching of striped bass by commercial fishermen can have a huge collective impact on the fish resource and has the potential to devastate the future livelihoods of law abiding commercial fishermen,” said John C. Cruden, the Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “The vast majority of fisherman do respect the law and carefully monitor their harvest to ensure they stay within the well-researched limits. Those who deliberately break the law will be prosecuted.”
“The Atlantic Striped Bass fishery is extremely important to the economy of the State of North Carolina as well as our sister States along the Atlantic seaboard, and it represents a success in species recovery thanks to conservation, management, and law-abiding fishermen,” said U.S. Attorney for the Eastern District of North Carolina Thomas G. Walker. “Illegal harvesting of this protected species and submitting false reports to federal agencies undermine those efforts and adversely impact our entire coastal communities.”
All of the defendants are licensed by the state of North Carolina and the National Oceanic and Atmospheric Administration (NOAA) to fish in state waters only for striped bass. The individuals charged are:
Gaston Saunders Jr., of Wanchese, North Carolina
Bryan Daniels of Belhaven, North Carolina
Ellis Leon Gibbs, Jr. of Engelhard, North Carolina
David Saunders of Poplar Branch, North Carolina
Michael Potter of Bayboro, North Carolina
Steven Daniels of Wanchese, North Carolina
James R. Craddock of Manns Harbor, North Carolina
James K. Lewis of Gloucester, North Carolina
Joseph H. Williams of Brunswick, Georgia
Dewey W. Lewis, Jr. of Newport, North Carolina
Dwayne J. Hopkins of Belhaven, North Carolina
Ronald W. Berry of Kill Devil Hills, North Carolina
John F. Roberts of Engelhard, North CarolinaIn early spring each year, wild coastal striped bass (Morone saxatilis), known regionally as “rockfish,” “striper,” or “rock,” enter the estuary or river where they were born to spawn, and then return to ocean waters to live, migrating along the coastline. They may live up to 30 years and reach 50 pounds or more. The population of coastal Atlantic Striped Bass depends heavily upon the capability of older, larger, female striped bass to successfully reproduce.
Under federal law, Atlantic striped bass may not be harvested from or possessed in federal waters. This ban on fishing for Atlantic striped bass in federal waters has been in place since 1990 due to drastic declines of the stock that occurred in the 1970’s. North Carolina allows fishermen to harvest fish from state waters, but often limits fishermen to no more than 100 fish per fishing trip. Commercial fishermen are required to report on a fishing vessel trip report the fish harvested from state waters; that report is then submitted to NOAA’s National Marine Fisheries Service (NMFS). . NOAA uses the information on this report to assess the fishery and its sustainability throughout the eastern seaboard.
According to the Atlantic Marine Fisheries Commission, “Striped bass have formed the basis of one of the most important fisheries on the Atlantic coast for centuries. Early records recount their abundance as being so great at one time they were used to fertilize fields. However, overfishing and poor environmental conditions led to the collapse of the fishery in the 1980s.” The North Carolina Division of Marine Fisheries, along with other states, has reduced, twenty-five percent, the catch limits for the 2015 striped bass commercial fishing season in the Atlantic Ocean and Albemarle Sound/Roanoke River areas, citing a decline in stocks. The division cited 2013 surveys revealing that the female spawning stock has been steadily declining. The reduction applies to all commercial and recreational striped bass fishing for all the eastern coastal states.
A criminal indictment is not a finding of guilt. An individual charged by criminal indictment is presumed innocent unless and until proven guilty in a court of law.
The Lacey Act makes it unlawful for a person to transport or sell fish that were taken in violation of any law or regulation of the United States and carries a maximum penalty of five years in prison and a fine of up to $250,000, plus the potential forfeiture of the vessels and vehicles used in committing the offense.
The charges are a result of the investigation by NOAA’s Office of Law Enforcement, with assistance from the U.S. Coast Guard and its Investigative Service, the North Carolina Marine Patrol, and the Virginia Marine Police. These cases are being prosecuted primarily by Trial Attorneys Shennie Patel, Shane Waller, Lauren Steele, and Joel LaBissonniere,
from the Justice Department’s Environmental Crimes Section, Environmental and Natural Resources Division, and Assistant U.S. Attorney Banumathi Rangarajan.St. Thomas Man Sentenced to 31 Years in Prison for Child Exploitation OffensesRead the Press Release
St. Thomas, USVI – District Court Judge Curtis V. Gomez today sentenced Tony Jefferson Browne, 31, of St Thomas, to 372 months in prison and a lifetime of supervised release for coercion and enticement of a minor, announced United States Attorney Ronald W. Sharpe and U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Special Agent-in-Charge Angel M. Melendez. Judge Gomez also sentenced Browne to 360 months in prison for production of child pornography, 240 months for receipt of child pornography, both with a lifetime of supervised release, and 120 months for transfer of obscene materials to a minor, with three years of supervised release. Browne was ordered to serve his sentences concurrently.
On March 4, 2014, after a two-day trial in District Court on St. Thomas, the jury found Browne guilty of 12 counts of federal child exploitation offenses involving four girls ranging from ages 12 to 17. The jury found Browne guilty of four counts of production of child pornography, one count of coercion and enticement of a minor, four counts of receipt of child pornography, and three counts of transfer of obscene material to a minor.
According to the evidence presented at trial, Browne first made contact with the minor girls on Facebook, where he pretended to be a female and befriended them. After befriending the minors, Browne persuaded them to send him nude and sexually suggestive photos of themselves. After receiving the photos, Browne then contacted the minors using his Facebook account “Billy Button,” and threatened to place the minors’ nude and sexually suggestive photos on the Internet if they did not send him additional photos and have sex with him.
Suspected child exploitation or missing children cases may be reported to the National Center for Missing and Exploited Children via its toll-free 24–hour hotline at 202-514-5678, or HSI at (340) 693-2250.
U.S. Attorney Sharpe commended the efforts of HSI, the Virgin Islands Police Department, and Assistant U.S. Attorney Everard Potter, who prosecuted the case.
Skunkcap Ordered to Pay $30,000 in Restitution for Shooting Three Grizzly BearsRead the Press Release
GREAT FALLS - The United States Attorney’s Office announces that Everett Skunkcap, 75, of Browning, Montana, was ordered to pay $30,000 in restitution for shooting three grizzly bears. U.S. Magistrate Judge John T. Johnston ordered that Skunkcap also be sentenced to six months jail, which was suspended on the condition that Skunkcap timely pay all restitution.
Skunkcap was sentenced in connection with his guilty plea to one count of Taking a Threatened Species. In an Offer of Proof, Assistant U.S. Attorney Ryan Weldon stated it would have proved that Skunkcap shot three grizzly bears. Specifically, Skunkcap saw the grizzly bears, grabbed a .300 Winchester rifle, and shot the first two immediately. The third grizzly bear ran away but returned an hour later. Skunkcap also shot the third bear because he claimed it was going to “raise hell” later that night.
When questioned about the shootings, Skunkcap admitted that he indeed shot the bears. He then asked investigators if he could have the grizzlies back when the investigation was complete. Skunkcap stated he was going to “tan them and put them on the wall [as a] souvenir for what [he] did.”
Five months prior to the shooting, Skunkcap told Blackfeet Fish and Wildlife Technicians that he shot a different grizzly bear last year, and, if any grizzlies were on his property, he would shoot them again. Skunkcap was instructed to call the office if there were bear management issues. Skunkcap responded that he would just shoot them anyway.
This case was investigated by the Fish and Wildlife Service and local law enforcement. All restitution payments are used to support law enforcement efforts toward investigating and prosecuting future wildlife crimes.
Six Persons Indicted for Possessing over 60 Kilograms of CocaineRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a two-count indictment today against Sonia Kim, Julius Caubat, Kamaljit Billen, Gurdeep Singh, June Chungil, and Justin Byun, charging them with conspiracy to distribute over five kilograms of cocaine and possession with intent to distribute cocaine, United States Attorney Benjamin B. Wagner announced.
According to court documents, law enforcement began investigating the defendants when a car rental company reported that 20 kilograms of cocaine had been found in the trunk of a rental car that had been returned on December 8, 2014, by Kim. Investigating officers learned that on December 21, 2014, Kim was present at a hotel in Yuba City with Byun, Chungil and Caubat. All the defendants were arrested by police after 60 kilograms of cocaine were transferred to Billen and Singh in the hotel parking lot.
This case is the product of an investigation by the Drug Enforcement Administration and the Sacramento County Sheriff Department’s High Intensity Drug Trafficking Area (HIDTA) Unit. Assistant United States Attorney Paul A. Hemesath is prosecuting the case.
If convicted, the defendants face a maximum statutory penalty of life in prison and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Sex Traffickers Sentenced for Smuggling Women into the U.S. and Then Forcing Them into ProstitutionRead the Press Release
ATLANTA - Odilon Martinez Rojas, a/k/a Chino, a/k/a Saul, and Arturo Rojas Coyotl, a/k/a Taco, a/k/a Jonathan have been sentenced for sex trafficking by force, fraud and coercion two young women from Guatemala and one young woman from Mexico.
“Sex trafficking is a horrendous crime that robs the victims of their freedom and dignity, leaving them feeling isolated and powerless,” said Acting United States Attorney John Horn. “This case hits new lows in depravity given the number of times these girls were victimized each day. These defendants are being held accountable by U.S. laws which protect all victims of human trafficking.”
“Human trafficking is modern-day slavery-- period. No matter the label, the of use violence, intimidation, psychological coercion, deception, or fear to exploit fellow human beings is repugnant,” said Acting Deputy Attorney General Sally Quillian Yates. “The long sentences handed down today are just one of the latest examples of the Justice Department's unshakable resolve to dismantle human trafficking networks and prosecute those who would commit these unspeakable crimes against some of the most vulnerable in our society." Yates’ previous service as United States Attorney from 2010 to 2015 included making her district—the Northern District of Georgia—one of several key U.S. districts engaged in the Bilateral Human Trafficking Enforcement Initiative.
“These defendants targeted vulnerable individuals, preying on their hopes and dreams, dominating and deceiving them, and selling their bodies to strangers, all so the defendants could collect thousands of dollars in prostitution proceeds while the victims lived in fear, denied control over their own lives,” said Acting Assistant Attorney General Vanita Gupta for the Civil Rights Division. “The Civil Rights Division is unwavering in its commitment to bringing human traffickers to justice and restoring the rights and dignity of the courageous survivors of all forms of modern-day slavery.”
J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office, stated: “This case represents one of the worst examples of human trafficking and why it is such a priority matter for not only law enforcement but for the many non-government agencies who help law enforcement in reporting human trafficking and providing assistance to those with nowhere else to turn. The FBI urges anyone with information regarding human trafficking activities to contact authorities and help put an end to modern day slavery.”
“The defendants mercilessly manipulated, abused and exploited these women in a criminal scheme that is all too common in our communities,” said Ryan L. Spradlin, Acting Special Agent in Charge of ICE Homeland Security Investigations in Atlanta. “Sex trafficking and other forms of human trafficking are a scourge on our society that HSI is dedicated to ending.”
According to Acting United States Attorney Horn, the charges and other information presented in court: In February 2006, Rojas Coyotl romanced a young woman in Mexico City, Mexico, telling her he loved her and wanted a life with her. He told the young woman that she should travel with him to the United States to work in a legitimate job and make money for their future life together. After smuggling the young woman across the border, he sent her to his uncle and co-defendant, Martinez Rojas. Martinez Rojas informed the victim that she was here illegally, owed a large smuggling debt, and the only way to earn the money to repay her debt was through prostitution. Rojas Coyotl and Martinez Rojas used violence and threats, fear and intimidation, trickery and deception, and emotional and psychological manipulation to compel the victim to prostitute in the Atlanta, Ga., area, and in Alabama, until she managed to escape in November 2007.
In March 2007, Rojas Coyotl and Martinez started romancing two young Guatemalan women and lured them to the United States in October 2007, under the same false pretenses. The defendants then employed a nearly identical coercive scheme to compel the young women to prostitute in Georgia and Alabama before they escaped at separate times in early 2008. The defendants had made the young women fearful of law enforcement and, thus, the victims did not immediately come forward. Once investigators did find and speak to them, the details of the trafficking emerged: The defendants ran a high volume, low cost business compelling the young women to have sex, at times with upwards of 20 men a night in 15 minute increments, for payment of $30- $35. The money earned by the victims was split between the defendants and others who drove the young women to the clients. One of the young women became ill and suffered great pain due to the repeated commercial sex acts she had to endure.
Since 2009, the Departments of Justice and Homeland Security have collaborated with Mexican law enforcement counterparts in a Bilateral Human Trafficking Enforcement Initiative, aimed at strengthening high-impact prosecutions under both U.S. and Mexican law, in order to more effectively dismantle human trafficking networks operating across the U.S.-Mexico border, bring human traffickers to justice, restore the rights and dignity of human trafficking victims and reunite victims with their children held under the trafficking networks’ control. These efforts have resulted in successful prosecutions in both Mexico and the United States, including U.S. federal prosecutions of over 50 defendants in multiple cases in Georgia, New York, Florida, and Texas since 2009, in addition to numerous Mexican federal and state prosecutions of associated sex traffickers.
Arturo Rojas Coyotl, 28, of Tenancingo, Mexico, has been sentenced to 16 years in prison to be followed by five years of supervised release and a $600 special assessment. Odilon Martinez Rojas, 43, of Tenancingo, Mexico, has been sentenced to 21 years, ten months in prison to be followed by five years of supervised release and a $600 special assessment. Each defendant was ordered to pay restitution in amount of $190,000 which will be divided between three victims. Rojas Coyotl was convicted on these charges on October 27, 2014, after he pleaded guilty. Martinez Rojas was convicted on these charges on October 28, 2014, after he pleaded guilty.A third co-defendant, Daniel Garcia-Tepal, pleaded guilty to related immigration offenses. A fourth co-defendant, Severiano Martinez-Rojas, remains a fugitive.
This case was investigated by the Federal Bureau of Investigation and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. If anyone has information pertaining to human trafficking, they are encouraged to call the national human trafficking hotline at 1-888-373-7888 or the local office of the FBI at 404-679-9000.
Assistant United States Attorney Susan Coppedge and Department of Justice Trial Attorney Benjamin J. Hawk of the Civil Rights Division’s Human Trafficking Prosecution Unit prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division is http://www.justice.gov/usao/gan/.
Second Man Sentenced to over 3 Years in Prison for Growing More Than 5,000 Marijuana Plants in Lassen National ForestRead the Press Release
SACRAMENTO, Calif. — Daniel Gomez-Gonzalez, 32, of Mexico, was sentenced today by United States District Judge Troy L. Nunley to three years and one month in prison for growing marijuana in the Lassen National Forest, United States Attorney Benjamin B. Wagner announced.
According to court documents, on July 11, 2014, United States Forest Service agents and Tehama County Sheriff’s deputies raided a marijuana cultivation site near the North Fork Antelope Creek in Tehama County in Lassen National Forest. Law enforcement eradicated a total of 5,287 marijuana plants at the cultivation site. They also found a Remington shotgun, more than 1,000 pounds of trash and various types of fertilizers, insecticides, and animal poisons at the grow site. Gomez-Gonzalez was arrested on a forest trail west of the site. He told law enforcement that he was responsible for spraying, watering, and fertilizing the marijuana plants and that he expected to earn a portion of the profits generated from the marijuana grown at the site.
Co-defendant Eric Perez was arrested the same day in the marijuana cultivation site. Law enforcement had observed Perez watering marijuana plants. Perez pleaded guilty to manufacturing marijuana on October 16, 2014, and on January 15, 2015, Judge Nunley sentenced him to three years and one month in prison.
This case was the product of an investigation by the United States Forest Service and Tehama County Sheriff’s Office. Assistant United States Attorney Christiaan Highsmith prosecuted the case.
Sacramento Man Indicted for Drugs and Firearm OffensesRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a two-count indictment today against Hector Manuel Mendoza, 32, of Sacramento, charging him with possessing methamphetamine with intent to distribute and with being a felon in possession of a firearm, United States Attorney Benjamin B. Wagner announced.
According to court documents, on December 30, 2014, Mendoza possessed the methamphetamine and firearm in Sacramento County.
This case is the product of an investigation by the Federal Bureau of Investigation and the Sacramento Police Department. Assistant United States Attorney Jill Thomas is prosecuting the case.
If convicted, Mendoza faces a maximum statutory penalty of life in prison and a $10 million fine for the methamphetamine count and up to 10 years in prison for the firearm count. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Retired Air Force Sergeant Sentenced for Child ExploitationRead the Press Release
DAYTON – Ronald L. Bennett, 45, was sentenced in U.S. District Court to 70 months in prison for engaging in illicit sexual conduct in 2005 and 2006 with at least two boys while he was on active duty with the U.S. Air Force and stationed at Wright-Patterson Air Force Base.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, John A. Barrios, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Field Division, and the Air Force Office of Special Investigation (AFOSI) 10th Field Investigations Squadron, announced the sentence imposed today by U.S. District Judge Timothy Black.
Bennett pleaded guilty on July 16, 2013 to one count of travel with intent to engage in illicit sexual conduct.
According to court documents, while Bennett was on active duty with the U.S. Air Force, he began engaging in sexual activity with two boys who lived in the vicinity of the base. In 2006, Bennett was transferred to Barksdale Air Force Base in Louisiana. He enticed one of the boys to travel with him to Louisiana and the two engaged in illicit sexual conduct. While in the Dayton area to pick up the victim, he engaged in similar illicit sexual conduct with another boy in a hotel room where other boys were also present.
After 22 years in the Air Force, Bennett retired as a Technical Sergeant (TSgt) with an honorable discharge in 2010. AFOSI and the FBI began investigating Bennett in 2012, after one of the victims came forward and revealed the illicit sexual conduct to a family member, who alerted law enforcement. The federal statute of limitations for crimes against children extends for the life of the child, or ten years after the crime, whichever is longer.
Bennett was also order to serve a term of 10 years under supervised release at the conclusion of his prison sentence. He will also be required to register as a sex offender anywhere he lives, works, or goes to school after his release from prison.
This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys Offices, 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/.
U.S. Attorney Stewart commended the cooperative investigation by the agencies involved, as well as Assistant U.S. Attorneys Vipal Patel and Alex Sistla, who prosecuted the case.
Registered Child Sex Offender Sentenced to 35 Years for Production and Distribution of Child PornographyRead the Press Release
WILMINGTON, Del. – Harry K. Roche, age 44, of Millsboro, Delaware, was sentenced yesterday to 35 years in prison for Production and Transportation of Child Pornography, in violation of federal law. Roche also was sentenced to a lifetime of supervised release following his prison sentence. He also will continue to be required to continue to register as a sex offender in any jurisdiction in which he lives, works, or attends school.
Roche was previously convicted in Delaware of Dealing in Child Pornography and Possession of Child Pornography in 2003, which involved Roche producing sexually explicit images of children in his Magnolia, Delaware apartment. In 1994, Roche had been convicted of sexual harassment of a minor boy. At the time of the instant offense, Roche was registered as a sex offender as required by Delaware and federal law.
According to statements made and documents filed in court, Roche came to the attention of the Delaware Child Predator Task Force after it received a cybertip from the National Center for Missing and Exploited Children (NCMEC). The cybertip reported that an AOL user, subsequently identified as Roche, had distributed files containing child pornography through an AOL server.
On January 31, 2013, Delaware Child Predator Task Force officers executed a search warrant at Roche’s apartment, which was located above the Bluewater Grill restaurant, in Millsboro, Delaware. Roche and a roommate were present for the search, during which officers seized numerous computers, cellular phones and external digital storage devices. A subsequent forensic examination of that computer equipment revealed that Roche had collected and distributed hundreds of pictures and movies of child pornography, virtually all of which featured prepubescent boys engaged in sexual acts. In a number of these images and movies, the child victims were bound, gagged or blindfolded as they were violently raped by adult males.
Also during the forensic examination of Roche’s iPhone, a forensic examiner discovered a series of photographs of Roche in the bedroom of his residence engaged in a sexual act with a young boy. The Delaware Child Predator Task Force and the United States Department of Homeland Security, Homeland Security Investigations, worked together to identify the child victim, who resided in Delaware at the time. Roche subsequently distributed the images that he had produced, along with other images of child pornography, to other child sex offenders.
Following the sentencing hearing, United States Attorney Charles M. Oberly, III stated: “Harry Roche is every child’s bogeyman and every parent’s worst nightmare. Stealing a child’s innocence, along with the physical and emotional damage associated therewith, is deserving of a severe sentence, as mandated by law. Harry Roche, hopefully, will never hurt another child as a result of today’s sentence. To those who are engaging in similar behavior, we are coming after you.”
“The safety of our children is of vital importance, and we do everything within our power to protect it,” said Abigail Layton, Commander of the Child Predator Task Force of the Delaware Department of Justice. “The link between those who possess child pornography and those who commit physical offenses against children is too strong to take lightly, and the Child Predator Task Force is proud to work with federal law enforcement officials to find these dangerous predators.”
“This criminal will be away from society for decades thanks to the collaborative efforts of HSI and local law enforcement,” said John Kelleghan, HSI Philadelphia special agent in charge. “Child predators can be assured we are focused and determined to flush them out and seek justice for the victims of their heinous crimes.”
This case is being investigated by the Delaware Child Predator Task Force and the United States Department of Homeland Security, Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Edward J. McAndrew.
Reading Man Charged with Identity TheftRead the Press Release
Brandon Jones, 33, of Reading, Pennsylvania was charged today by indictment with one count of conspiracy, one count of wire fraud, and one count of bank fraud, announced United States Attorney Zane David Memeger.
The indictment alleges that Jones participated into two related identify theft schemes. According to the indictment, Jones and his co-conspirators created and used false identities to make fraudulent credit card purchases and to purchase vehicles with fraudulent bank loans. The leader of the conspiracy, Damian Gasdaska, provided Jones and other co-conspirators with fraudulent credit cards, which Jones and the others used to purchase various items, including small, expensive electronic equipment. After the purchases, Jones and the co-conspirators provided these items to Gasdaska, who then sold them and paid the co-conspirators for their illegal services.
Among other things, the indictment also alleges that Jones, Gasdaska, and their co-conspirators used false identities to obtain fraudulent car loans in order to purchase vehicles. Specifically, the indictment alleges that in August 2012, Jones, with Gasdaska’s help, obtained a fraudulent loan in the name of J.O. from a credit union and then used this loan to purchase a 2007 BMW in this false name. As part of this fraudulent purchase, Jones used false personal identifying information in J.O.’s name, a false driver’s license with J.O.’s name and Jones’ photograph, and false employment information.
Several of members of this conspiracy have previously pleaded guilty in connection with the identify theft schemes. On April 28, 2014, John Cordero pleaded guilty to one count of conspiracy and one count of bank fraud. On November 6, 2014, both Damian Gasdaska and Johnnie Rhines pleaded guilty. Gasdaska pleaded guilty to one count of conspiracy, six counts of wire fraud, seven counts of bank fraud, and one count of aggravated identity theft. Rhines pleaded guilty to one count of conspiracy and one count of bank fraud.
INFORMATION REGARDING THE DEFENDANTS
NAME
ADDRESS
YEAR OF BIRTH
Brandon Jones
Reading, PA
1981
Damian Gasdaska
Phillipsburg, NJ
1976
John Cordero
Breiningsville, PA
1978
Johnnie Rhines
Lindenwold, NJ
1954
If convicted, Jones faces a maximum possible sentence of 55 years imprisonment, a five-year period of supervised release, a $1,500,000 fine, a $300 special assessment, and the imposition of full restitution.
The case was investigated by United States Secret Service, the United States Postal Inspection Service, Homeland Security Investigations, and the Lehigh County Auto Theft and Insurance Fraud Task Force and is being prosecuted by Assistant United States Attorney Patrick J. Murray.
Princeton man pleads guilty to possession of child pornographyRead the Press Release
BLUEFIELD, W.Va. – United States Attorney Booth Goodwin announced today that Lindsey Dale Bowling, 30, of Princeton, West Virginia, pleaded guilty to possession of child pornography.
Bowling admitted that on Nov. 22, 2013, he possessed images and videos of prepubescent minors engaged in sexual acts. The images were contained on his personal computer, as well as on multiple storage disks located in his residence in Princeton.
Bowling faces up to 20 years in federal prison. He is scheduled to be sentenced on May 28, 2015.
Senior United States District Judge David A. Faber presided over the plea hearing.
The case is being investigated by the West Virginia Internet Crimes Against Children Task Force and the Mercer County Sheriff’s Department. Assistant United States Attorney Lisa G. Johnston is in charge of the prosecution.
This case is being prosecuted as part of the U.S. Attorney’s ongoing initiative to combat child sexual exploitation and abuse in the Southern District.
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Owners & Managers of Former Salvage Operations at Former Textile Plant in Tennessee Sentenced to Prison for Conspiracy Associated with Illegal Asbestos RemovalRead the Press Release
U.S. District Judge Ronnie Greer sentenced five people to prison terms in federal court in Greeneville, Tennessee, late yesterday for conspiring to commit Clean Air Act offenses in connection with the illegal removal and disposal of asbestos-containing materials at the former Liberty Fibers Plant in Hamblen County, Tennessee, the Justice Department announced. A&E Salvage had purchased the plant out of bankruptcy in order to salvage metals which remained in the plant after it ceased operations.
U.S. District Judge Greer sentenced Mark Sawyer, 55, of Morristown, Tennessee, a former manager of A&E Salvage, to the statutory maximum of five years in prison, to be followed by two years of supervised release. A&E Salvage manager Newell Lynn Smith, 59, of Miami, Florida, was sentenced to 37 months and two years of supervised release. A&E Salvage Manager Eric Gruenberg, 50, of Lebanon, Tennessee, received a 28-month sentence. Armida, 56, and Milto DiSanti, 54, of Miami, Florida, each received sentences of six months in prison, to be followed by six months of home confinement. The judge ordered all the defendants to pay restitution of more than $10.3 million, which will be returned to Environmental Protection Agency’s (EPA) Superfund, which was used to clean up the plant site contamination.
The sentencing took place over three days and included expert testimony that the exposures of the A&E Salvage workers to asbestos resulted in a substantial likelihood that the workers would suffer death or serious bodily injury as a result of their exposure constituted a risk of death or serious bodily injury.
“These co-conspirators took unacceptable and illegal risks with workers lives and the community’s health,” said Assistant Attorney General John C. Cruden of the Justice Department’s Environment and Natural Resources Division. “These significant sentences should send a message that illegal asbestos removal can have serious consequences, including a prison term for those responsible.”
According to court documents, all the defendants pleaded guilty to one criminal felony count for conspiring to violate the Clean Air Act’s “work practice standards” salient to the proper stripping, bagging, removal and disposal of asbestos. According to the charges, the conspirators, engaged in a multi-year scheme in which substantial amounts of regulated asbestos containing materials were removed the former Liberty Fibers plant without removing all asbestos prior to demolition and stripping, bagging, removing and disposing of such asbestos in illegal manners and without providing workers the necessary protective equipment. Asbestos has been determined to cause lung cancer, asbestosis and mesothelioma, an invariably fatal disease. The EPA has determined that there is no safe level of exposure to asbestos.
“We take our responsibility to protect the environment of East Tennessee very seriously, especially when it involves the health and safety of its residents,” said U.S. Attorney Bill Killian of the Eastern District of Tennessee. “We will continue to aggressively prosecute those who violate the laws restricting substances which can potentially cause serious diseases. EPA, TDEC, Senior Trial Attorney Todd Gleason and Assistant U.S. Attorney Matthew Morris should be commended for their combined efforts which resulted in a successful outcome in this case.”
“Illegal disposal of asbestos endangers human health, plain and simple,” said Special Agent in Charge Maureen O’Mara of EPA’s Criminal Enforcement Program in Tennessee. “The defendants conspired to violate the Clean Air Act by hiring untrained workers to remove materials, without proper safety equipment, that contained asbestos. This put not only the workers’ health and safety at great risk, but that of the entire community. Today’s sentencing demonstrates that EPA and its partner agencies will prosecute those who pollute the environment by breaking the law.”
This case was investigated by Special Agents of the Environmental Protection Agency and individuals from the Tennessee Department of Environmental Conservation. The case was prosecuted by Assistant U.S. Attorney Matthew T. Morris and Senior Trial Attorney Todd W. Gleason, Environmental Crimes Section of the Department of Justice.
Owner of Convenience Store Sentenced for Food Stamp Fraud SchemeRead the Press Release
ALICIA A.G. LIMTIACO, United States Attorney for Guam and the Northern Mariana Islands, announced that defendant KUN SUP SONG, age 57, was sentenced yesterday by Chief Judge Frances Tydingco-Gatewood in the District Court of Guam, to serve five years of probation with conditions to include eight months of home confinement, and to pay $170,021 in restitution to the U.S. Department of Agriculture’s (“USDA”) Food and Nutrition Service. Also, Judge Tydingco-Gatewood ordered a $70,000 money judgment of forfeiture; and the forfeiture of approximately $38,000 and a Toyota 4Runner involved in the fraud which had been seized by the Federal Bureau of Investigation. SONG owned and operated Sky Mart, a small convenience store in Yigo. He pleaded guilty on March 27, 2014 to unauthorized use of food stamp benefits.
SONG’s store participated in the Supplemental Nutrition Assistance Program (“SNAP”), previously known as the Food Stamp Program. Under SNAP, authorized recipients are issued a certain amount of benefits each month, which they may use to purchase eligible food items. SNAP recipients receive their benefits in the form of a credit on their personal electronic benefit transfer (“EBT”) card. SNAP benefits may not be used to purchase ineligible items, and cannot be redeemed for cash, loans, or items sold on credit.
U.S. Attorney Limtiaco states "Opportunistic store owners who take advantage of our low-income population, by adding interest for items bought on credit, unlawfully take monies that food stamp card holders could have used on food. Food stamp card holders cannot be discriminated against by charging them interest. Retailers who do not follow SNAP regulations by concealing they are selling items on credit, or redeeming food stamp cards for cash or loans, will not be tolerated and are subject to criminal prosecution."
From January 1, 2011 to August 4, 2013, the defendant engaged in a scheme to defraud and fraudulently obtain money in excess of $170,000 from the USDA. The defendant used his business to redeem SNAP benefits in exchange for extending credit to SNAP recipients, and payment on their credit accounts with Sky Mart. The defendant also redeemed SNAP benefits for ineligible purchases made by customers. As part of the scheme, the defendant engaged in fictional and illegal transactions with SNAP recipients that purported to be for eligible food items.
Through the hard work of the Federal Bureau of Investigation and USDA Office of Inspector General's Office, in August 2013, law enforcement were able to seize a portion of the proceeds of the fraud and a vehicle which helped facilitate the fraud.
U.S. Attorney Limtiaco stated, “The Court’s forfeiture order effectively results in taking the profit out of this food stamp fraud. The defendant's scheme to defraud involved the SNAP program, which is designed to supplement the income of eligible members of the community and ensure families can afford the groceries they need. When opportunistic retailers defraud the system, limited tax dollars are diverted from their intended use.”
The case was investigated by the Federal Bureau of Investigation and USDA Office of Inspector General. Assistants U.S. Attorney Marivic David and Belinda Alcantara prosecuted the case.
North Carolina men plead guilty to crack distributionRead the Press Release
BLUEFIELD, W.Va. – United States Attorney Booth Goodwin announced today that two North Carolina men pleaded guilty to distribution of crack cocaine.
Anthony Kearse, 39, of High Point, North Carolina, admitted that on Sept. 1, 2011, he sold crack cocaine to a confidential informant in exchange for $200 at an apartment building in Welch, West Virginia.
Chad Commander, 26, of High Point, North Carolina, admitted that on Dec. 2, 2011, he sold crack cocaine to a confidential informant in Welch.
Both men face up to 20 years in federal prison and a $1 million fine. They are scheduled to be sentenced on May 28, 2015.
Senior United States District Judge David A. Faber presided over the plea hearing.
The case is being investigated by the Drug Enforcement Administration, McDowell County Sheriff’s Office, Southern Regional Drug Task Force and the United States Marshals Service. Assistant United States Attorney John Frail is in charge of the prosecution.
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Newark Watershed Conservation and Development Corp. Contractor Admits Role in Bribery SchemeRead the Press Release
NEWARK, N.J. – A former contractor of the Newark Watershed Conservation and Development Corporation (NWCDC) today admitted his role in a bribery and kickback scheme involving an employee and consultant of the NWCDC, U.S. Attorney Paul J. Fishman announced.
James Porter, 78, of East Orange, New Jersey, pleaded guilty before U.S. District Judge Jose L. Linares to an information charging him with one count of conspiring with Donald Bernard Sr., a former employee and consultant of the NWCDC, and others, to defraud the NWCDC and one count of tax evasion.
According to documents filed in this case and statements made in court:
Between October 2008 and April 2013, Porter conspired with Bernard to provide Bernard and others with a stream of concealed, undisclosed kickbacks in exchange for Bernard’s assistance in securing business opportunities and payments to two companies operated by Porter: Jim P. Enterprises LLC (JPE) and New Beginnings Environmental Services (NBES), a company in which Bernard was also a partner. Both JPE and NBES purported to perform landscaping, snow removal, clean-up and sign posting services to the NWCDC from 2008 through 2013. JPE received payments from the NWCDC totaling more than $500,000 and NBES received approximately $290,000 from the NWCDC. Both companies submitted invoices to the NWCDC that were fraudulently inflated to cover kickback payments to Bernard and billed for some services, such as landscaping and snow removal, which were never performed.
Porter passed a stream of kickback payments to Bernard totaling more than $500,000, which was funded by the proceeds JPE and NBES obtained from the NWCDC, including cash withdrawn from the bank accounts of JPE and NBES totaling $378,867; Bernard’s use of an ATM card issued in his name to withdraw at least $74,681 directly from the NBES bank account; Bernard’s use of the NBES ATM card issued in Bernard’s name to pay personal expenses of nearly $5,000; and checks written from the accounts of JPE and NBES totaling $41,650, which were made payable to Bernard, or to companies he controlled, including a consulting company, Bernard & Associates, and the African American Heritage Parade Committee (AAHPC).
In August 2012, Porter also accepted a $5,000 check payable to JPE from Essex Home Improvements, another contractor of the NWCDC for work that was never performed, and delivered the proceeds to Bernard. The payment from Essex Home Improvements was provided to JPE, rather than to Bernard directly, as a means of concealing a kickback from Essex Home Improvements to Bernard. Bernard and Giacomo DeRosa, 58, a Clinton Township, New Jersey contractor, have been charged in separate indictments and are awaiting trial.
From 2009 to 2012, Porter failed to report income of $767,750 from the proceeds that JPE and NBES received from the NWCDC. Porter also pleaded guilty today to intentionally underreporting income for the 2012 tax year on his personal tax return by $151,603, resulting in tax due and owing of $48,971.
The conspiracy to defraud count and the tax evasion count to which Porter pleaded guilty each carry a maximum potential penalty of five years in prison and a fine of either $250,000 or twice the gain or loss from the offenses. The government is also seeking forfeiture of $573,333. Sentencing is scheduled for May 12, 2015.
U.S. Attorney Fishman credited special agents of the FBI’s Newark Field Office, under the direction of Special Agent in Charge Aaron T. Ford; special agents of IRS – Criminal Investigation, under the direction of Acting Special Agent in Charge Jonathan D. Larsen; and the Office of Inspector General, U.S. Department of Housing and Urban Development, under the direction of Special Agent in Charge Christina Scaringi, as well as criminal investigators of the U.S. Attorney’s Office, for the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorneys Jacques S. Pierre and Mala Ahuja Harker of the U.S. Attorney’s Office Special Prosecutions Division.
The charges and allegations in the indictment against Bernard and DeRosa are merely accusations, and the defendants are considered innocent unless and until proven guilty.
15-030
Defense counsel: Anthony Mack Esq., NewarkNew York State Assembly Speaker Sheldon Silver Arrested on Corruption ChargesRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, and Richard Frankel, Special Agent-in-Charge of the Criminal Division of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today that New York State Assembly Speaker SHELDON SILVER was arrested this morning on charges that he used his official position to receive nearly $4 million in bribes and kickbacks from people and businesses in exchange for his official acts, and that SILVER masked these payments from public view by disguising the payments as income from what he claimed was a law practice primarily focused on personal injury matters. SILVER was placed under arrest at the FBI in lower Manhattan, this morning, and is scheduled to appear before U.S. Magistrate Judge Frank Maas in Manhattan federal court later today. Judge Maas also issued seizure warrants to prevent SILVER from accessing approximately $3.8 million in proceeds alleged to be traceable to the charged corruption offenses until the case is resolved.
U.S. Attorney Preet Bharara said: “Over his decades in office, Speaker Silver has amassed titanic political power. But, as alleged, during that same time, Silver also amassed a tremendous personal fortune – through the abuse of that political power. All told, we allege that Silver corruptly collected some $4 million in bribes and kickbacks disguised as ‘referral fees.’ Those disguised bribes and kickbacks account for approximately two-thirds of all of Silver’s outside income since 2002.
“As today’s charges make clear, the show-me-the-money culture of Albany has been perpetuated and promoted at the very top of the political food chain. And as the charges also show, the greedy art of secret self-reward was practiced with particular cleverness and cynicism by the Speaker himself. Among other things, we allege that Sheldon Silver, Speaker of the New York State Assembly, was on retainer to a mammoth real estate developer at the very same time that the chamber he dominates was considering and passing legislation vitally affecting the bottom line of that developer; at the very same time that he was hearing out lobbyists paid by that developer and at the very same time that he was deliberately keeping secret from the public any information about this lucrative side-deal, in violation of the law.
“Politicians are supposed to be on the people’s payroll, not on secret retainer to wealthy special interests they do favors for. These charges go to the very core of what ails Albany – a lack of transparency, lack of accountability, and lack of principle joined with an overabundance of greed, cronyism, and self-dealing.”
FBI Special Agent-in-Charge Richard Frankel said: “As alleged, Silver took advantage of the political pulpit to benefit from unlawful profits. When all was said and done, he amassed nearly $4 million in illegitimate proceeds and arranged for approximately $500,000 in state funds to be used for projects that benefited his personal plans. We hold our elected representatives to the highest standards and expect them to act in the best interest of their constituents. In good faith, we trust they will do so while defending the fundamental tenets of the legal system. But as we are reminded today, those who make the laws don’t have the right to break the laws.”
According to the allegations contained in the Complaint unsealed today in Manhattan federal court:
For more than two decades, SHELDON SILVER has served as Speaker of the Assembly, a position that gives him significant power over the operation of New York State government. SILVER used this substantial power – including, in particular, his power over the real estate industry and his control over certain health care funding – to unlawfully enrich himself by soliciting and obtaining client referrals worth millions of dollars from people and entities in exchange for SILVER’s official acts, and attempting to disguise this money as legitimate outside income earned from his work as a private lawyer. In particular, SILVER claimed on financial disclosure forms required to be filed with New York State and in public statements that the millions of dollars he received in outside income while also serving as Speaker of the Assembly came from a Manhattan-based law firm, Weitz & Luxenberg P.C., where SILVER claimed to work “representing individual clients” in “personal injury actions.” These claims were materially false and misleading – and made to cover up unlawful payments SILVER received solely due to his power and influence as an elected legislator and the Speaker of the Assembly.
The scheme provided SILVER with two different streams of unlawful income: (i) approximately $700,000 in kickbacks SILVER received by steering two real estate developers with business before the state legislature to a law firm run by a co-conspirator, and (ii) more than $3 million in asbestos client referral fees SILVER received by, among other official acts, awarding $500,000 in state grants to a university research center of a physician who referred patients made ill by asbestos to SILVER at Weitz & Luxenberg.
Unlawful Income From the Real Estate Law Firm
SILVER entered into a corrupt relationship with a co-conspirator (“CC-1”) who had been SILVER’s counsel in the Assembly and operated a real estate law firm (the “Real Estate Law Firm”) that specialized in making applications to the City of New York to reduce taxes assessed on properties.
Beginning in at least 2000, SILVER approached two prominent developers of properties in Manhattan, one personally and one in part through a lobbyist, and asked the developers to hire the Real Estate Law Firm. The developers – both of whom lobbied SILVER on real estate issues because their profits depended significantly on state legislation favorable to their business– agreed to use the Real Estate Law Firm as SILVER had requested. Over the years, these developers paid millions of dollars in legal fees to the Real Estate Law Firm. SILVER received a cut from the legal fees amounting to nearly $700,000. SILVER had no public affiliation with the Real Estate Law Firm and performed no legal work at all to earn those fees, which were simply payments for SILVER having arranged the business through his official power and influence.
While continuing to receive the fees and in furtherance of the scheme, SILVER took official action beneficial to the developers. For example, while SILVER was publicly associated with advocating for tenants, a proposal made by the one of the developers who sent work to the Real Estate Law Firm was in substantial part enacted in real estate legislation in 2011 with SILVER’s support.
Unlawful Income From Asbestos Client Referrals
SILVER also entered into a corrupt arrangement with a leading physician who specialized in the treatment of asbestos-related diseases (“Doctor-1”) through which SILVER issued state grants and otherwise used his official position to provide favors to Doctor-1 so that Doctor-1 would refer and continue to refer his patients to SILVER at Weitz & Luxenberg, a firm with which SILVER was affiliated as counsel. Specifically, SILVER arranged for the State of New York to fund two state grants – each for $250,000, and paid out of a secret and unitemized pool of funds controlled entirely by SILVER – for a research center Doctor-1 had established. SILVER used his official position to provide Doctor-1 with other benefits as well, including helping to direct $25,000 in state funds to a not-for-profit organization for which one of Doctor-1’s family members served on the board, and asking the CEO of a second not-for-profit to hire a second family member of Doctor-1.
From 2002 to the present, SILVER received more than $3 million from legal fees Weitz & Luxenberg received from patients Doctor-1 had referred to SILVER at the firm while SILVER was taking official actions to benefit Doctor-1. SILVER did no legal work whatsoever on these asbestos cases, his sole role having been to use his official position and access to state funds to induce Doctor-1 to provide him with these lucrative referrals.
Silver’s Efforts to Cover Up the Scheme
SILVER took various efforts to disguise his unlawful outside income and prevent the detection of the scheme. SILVER listed on his official public disclosure forms that his outside income consisted of “limited practice of law in the principal subject area of personal injury claims on behalf of individual clients,” which was false and misleading. Beginning in 2010, SILVER’s disclosures changed to state that the source of his legal income was a “Law Practice” that “includ[ed]” being of counsel to Weitz & Luxenberg. SILVER never disclosed his relationship with the Real Estate Law Firm or any work beyond what he claimed was a “personal injury” practice.
SILVER also repeatedly made false statements about his outside income in his public statements, including the following:
- SILVER claimed he performed legal work consisting of spending several hours each week evaluating legal matters brought to him by potential clients and then referring cases that appeared to have merit to lawyers at Weitz & Luxenberg. In fact, SILVER did no such work on the asbestos cases and obtained those referrals to Weitz & Luxenberg based on his corrupt arrangement with Doctor-1.
- SILVER claimed his law practice involved the representation of “plain, ordinary simple people.” In fact, SILVER represented some of the largest real estate developers in the State of New York, whose interests are in many ways dependent on state legislation.
- SILVER claimed through his spokesperson that SILVER found clients by virtue of his having been a “lawyer for more than 40 years,” in a manner that was “not unlike any other attorney in this state, anywhere.” In fact, SILVER found his lucrative asbestos and real estate developer clients solely by virtue of his official position.
- SILVER recently stated through his spokesperson that “[n]one of his clients have any business before the state.” In fact, SILVER’s outside income included millions of dollars of fees obtained through real estate developers with significant business before the state and a prominent physician to whose benefit SILVER provided state funding and other benefits related to SILVER’s official position.
Finally, SILVER thwarted the Moreland Commission to Investigate Public Corruption so that it would not learn of his illegal outside income, first by filing legal motions on behalf of the Assembly and taking other action to block the Moreland Commission’s investigation into legislative outside income and then by negotiating with the Governor of New York to prematurely terminate the Moreland Commission.
SILVER, 70, of New York, New York, is charged with two counts of honest services fraud, one count of conspiracy to commit honest services fraud, one count of extortion under color of official right, and one count of conspiracy to commit extortion under color of official right. Each of these five counts carries a maximum penalty of 20 years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
U.S. Attorney Bharara praised the work of the Criminal Investigators of the United States Attorney’s Office and the FBI, who jointly conducted this investigation. Mr. Bharara also noted that the investigation is continuing.
This case is being prosecuted by the Office’s Public Corruption Unit. Assistant U.S. Attorneys Howard S. Master, Carrie H. Cohen, Andrew D. Goldstein, and James McDonald are in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
U.S. v. Sheldon Silver Complaint
U.S. v. Sheldon Silver Seizure AffidavitNew London Man Pleads Guilty to Federal Charge Related to 2012 HomicideRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that ANDREW AVILES, 27, of New London, pleaded guilty today before U.S. District Judge Vanessa L. Bryant in Hartford to a federal assault offense stemming from the September 2012 homicide of Javier Reyes, 36, of New London.
According to court documents and statements made in court, AVILES was an associate of a criminal organization that distributed marijuana, cocaine and other narcotics from the “Green Garages,” a series of garage bays located as 12/14 Walker Street in New London. In the summer of 2011, the leader of the Green Garages organization was the intended victim of a murder-for-hire plot orchestrated by former members of his enterprise in an attempt to take over narcotics distribution at the Green Garages. It is alleged that the leader of the organization orchestrated the assault of Javier Reyes to maintain his leadership position. AVILES and Jose Rosado, Jr. were hired to carry out the assault of Reyes in exchange for cash.
On the evening of September 12, 2012, Reyes was stabbed multiple times outside of his apartment at 187 Huntington Street in New London and died a short time later. He also had blunt force trauma to the back of his head.
Video surveillance at the time of the attack shows AVILES and Rosado, carrying a bat, creeping toward Reyes and then running away from him about 15 seconds later.
AVILES today admitted that he stabbed Reyes during the assault.
AVILES pleaded guilty to violating the Travel Act by using a facility in interstate commerce, namely a cellular telephone, with the intent to commit a crime of violence in furtherance of an unlawful activity, and thereafter committed the crime of violence.
At sentencing, AVILES faces a maximum term of imprisonment of life. A sentencing date has not been set.
On July 22, 2014, Rosado, 20, of New London, pleaded guilty to a related charge and also awaits sentencing.
AVILES and Rosado are currently detained.
The alleged leader of the Green Garages organization and the individual who allegedly recruited AVILES and Rosado have been indicted as a result of this investigation. U.S. Attorney Daly stressed that an indictment is not evidence of guilt. Charges are only allegations, and each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the New London Police Department and the Federal Bureau of Investigation, with the assistance of the Connecticut State Police’s Eastern District Major Crime Squad, the Connecticut Department of Correction, Homeland Security Investigations, the U.S. Secret Service and the New London State’s Attorney’s Office. The case is being prosecuted by Assistant U.S. Attorneys Anthony Kaplan and Sarah Karwan, and Senior Assistant State’s Attorney Paul Narducci.
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Tom Carson
(203) 821-3722
[email protected]Muskogee Man Pleads Guilty to Firearm PossessionRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that STEVEN ALEX HUGHART, age 38, of Muskogee, Oklahoma, pled guilty to being a Felon in Possession of a Firearm, in violation of Title 18, United States Code, Section 922(g)(1) and Possession of a Firearm with a Removed, Obliterated, or Altered Serial Number, in violation of Title 18, United States Code, Sections 922(k) and 924(a)(1)(B).
The charges arose from an investigation by the Muskogee Police Department and the Federal Bureau of Investigation. The defendant was indicted in September, 2014.
The Indictment alleges that on or about February 13, 2014, within the Eastern District of Oklahoma, the defendant having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, one .380 Jimenez Arms handgun, bearing an obliterated serial number, which had been shipped and transported in interstate commerce.
The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion.
The statutory range of punishment is up to 10 years imprisonment and/or up to a $250,000.00 fine. The defendant will remain in the custody of the United States Marshal Service pending sentencing.
Assistant United States Attorney Edward Snow represented the United States.
Mississippi Federal Court Bars Tax Preparer from Preparing Tax Returns for OthersRead the Press Release
A federal court in Greenville, Mississippi, has permanently barred Nathaniel Kimble from preparing federal income tax returns for others, the Justice Department announced today.
The civil injunction order, to which Kimble consented, was signed by Judge Debra M. Bowen of the U.S. District Court for the Northern District of Mississippi.
According to the complaint, from 2010 through the present, Kimble prepared tax returns under the business name Kimble Tax Services in Greenville, Mississippi. The complaint alleges that Kimble learned how to prepare tax returns by working with Alice Mobley. Mobley, who was sentenced to serve 75 months in prison after pleading guilty to three charges related to her tax return practices in Alabama, admitted in her criminal case that she conspired with workers of Kimble Tax Services to file tax returns she knew were fraudulent. In this regard, the complaint alleged that Kimble knowingly prepared federal income tax returns for customers that understated the customers’ tax liability and overstated refunds they claimed by inflating or fabricating earned income tax credits that his customers were not eligible to take.
Return preparer fraud is one of the IRS’s Dirty Dozen Tax Scams for 2014. The IRS has some tips on their website for choosing a tax preparer. In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Mexican National Sentenced to 28 Months in Prison for Reentering the United States IllegallyRead the Press Release
LAFAYETTE, La. – United States Attorney Stephanie A. Finley announced today that a Mexican national was sentenced to 28 months in prison for reentering the United States illegally after being removed.
Luis Garcia-Torres, 44, of Mexico, was sentenced by U.S. District Judge Richard T. Haik for one count of aggravated reentry of a removed alien. According to evidence presented at the September 4, 2014 guilty plea, the defendant was driving a car that was pulled over on April 29, 2014 during a traffic stop. It was discovered that his identification belonged to another individual. He admitted to not being a U.S. citizen and returning to the United States multiple times illegally. He was deported in September of 1990 after being convicted of voluntary manslaughter in North Carolina. He also was deported in November of 2011 after serving a 10-year sentence for aggravated battery.
United States Immigrations and Customs Enforcement, Louisiana State Police, and Morgan City Police Department conducted the investigation. Assistant U.S. Attorney Howard C. Parker prosecuted the case.
Mexican Man Gets 15 Years for Transporting Illegal Aliens Resulting in DeathRead the Press Release
McALLEN, Texas – Eduardo Moreno-Gonzalez, 22, a Mexican citizen illegally present in the U.S., has been ordered to federal prison following his conviction of transporting illegal aliens that resulted in the death of one of the aliens, announced U.S. Attorney Kenneth Magidson. Moreno-Gonzalez pleaded guilty Oct. 3, 2014.
At time of this offense, Moreno-Gonzalez was on supervised release for a previous conviction in another alien-transporting case in which he was driving the vehicle and lost control, resulting in a rollover. Today, U.S. District Judge Randy Crane revoked that supervised release as part of his 180-month sentence in this case. He is expected to face deportation proceedings following his prison sentence.
On April 2, 2014, Border Patrol (BP) agents observed a group of vehicles the agents suspected to be involved in illegal activity near San Isidro. Agents investigate further and observed the vehicles turn off onto a dirt and gravel road. When agents approached, they saw dust and dirt in the air and later saw taillights spinning in the dust. Upon arrival, they encountered Moreno-Gonzalez trapped under the vehicle he was driving, which had lost control and flipped. Moreno-Gonzalez was transporting 21 illegal aliens. In the crash, one of the aliens was ejected from the vehicle and died as a result.
Moreno-Gonzalez has been in federal custody since his arrest where he will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Homeland Security Investigations and BP investigated the case, which was prosecuted by Assistant U.S. Attorney (AUSA) Joseph Leonard and former AUSA Grady J. Leupold.
Medical Device Company Manager Sentenced to Prison for Scheme to Defraud Hospitals of $800,000Read the Press Release
TRENTON, N.J. – A regional manager selling medical devices to hospitals for Integra LifeSciences Corp. of Plainsboro, New Jersey, was sentenced to prison today for his role in a scheme to defraud hospitals of more than $800,000, U.S. Attorney Paul J. Fishman announced.
Daniel Metz, 34, of Fairfield, New Jersey, was sentenced to nine months in prison and nine months of home confinement. Charles B. Carey Jr., 35, of Clark, New Jersey, whose cooperation led to Metz’ conviction, was sentenced to three years of probation. Metz and Carey previously pleaded guilty before U.S. District Judge Joel A. Pisano to separate informations charging them with conspiracy to commit wire fraud. Judge Pisano imposed the sentences today in Trenton federal court.
According to documents filed in this case and statements made in court:
Integra is a provider of orthopedic products, including devices and implants for the spine, foot and ankle, hand and wrist, and shoulder and elbow. Metz worked there from July 2005 until his termination in April 2013, first as a product specialist (also referred to as a sales representative) and then as Northeast regional manager, supervising 16 product specialists and assistant sales representatives in Massachusetts, New Jersey, New York, and Pennsylvania. Carey was a product specialist, reporting to Metz, from January 2009 until he resigned in April 2011.
Product specialists at Integra were responsible for calling on surgeons to increase sales volume and were routinely present during surgeries. When present during surgeries, product specialists brought with them consignment trays with pre-packaged Integra products available to surgeons, as well as surgery-specific products. Integra billed the hospitals and surgery centers for the products used and product specialists (and their supervisors) were compensated based on salary, sales target-based commission and bonuses.
Metz admitted he used various fraudulent methods to overcharge hospitals and surgery centers. He would sometimes charge for a greater quantity or a more expensive product than was actually used, increasing his compensation and improving his employment evaluations.
Metz and Carey admitted that after Metz became regional manager, he taught at least some of the fraudulent methods to product specialists working for him, including Carey, who sometimes employed those methods.
Metz and Carey fraudulently caused medical facilities to pay more than $800,000 in inflated bills.
In addition to the prison term and home confinement, Judge Pisano sentenced Metz three years of supervised release. As part of their plea agreements, Metz and Carey will forfeit $100,000 and $77,000, respectively, representing the amounts of money they personally made through the fraud scheme. The defrauded hospitals have been reimbursed by Integra for the fraudulent charges.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford, with the investigation. He also thanked detectives of the Morris County Prosecutor’s Office, under the direction of Prosecutor Fredric M. Knapp, for their contributions to the investigation.
The government is represented by Jacob T. Elberg, Chief of the U.S. Attorney’s Office’s Health Care and Government Fraud Unit, in Newark.
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.
15-029
Defense counsel:
Metz: Lawrence Lustberg Esq., Newark
Carey: Timothy Donohue Esq., West Orange, N.J.Man Who Preyed on Vulnerable with Sweepstakes Scam Sentenced to PrisonRead the Press Release
A South King County man who preyed on people across the country with a phony sweepstakes scam, was sentenced today in U.S. District Court in Seattle to two years in prison, three years of supervised release and $238,346 in restitution announced Acting United States Attorney Annette L. Hayes. EUGENE MAGANYA, 30, of Des Moines, Washington was indicted and arrested in February 2014, after a victim alerted law enforcement that he had sent a money order to a commercial post office business in Covington, Washington. The investigation revealed that more than 120 people had sent money orders or wired funds to various false identities used by MAGANYA. The victims sent the money thinking it was a fee for processing sweepstakes winnings. At sentencing U.S. District Judge Thomas S. Zilly noted the scam specifically targeted those who are “older and more vulnerable.”
According to records filed in the case, MAGANYA and co-conspirators in California sent out letters indicating the recipients had won a substantial sweepstake prize. The letters contained a check, and the recipients were told to deposit the check and send a portion of the money back as a fee to process the sweepstakes winnings. The checks were bogus, but before the recipient knew the check would not clear, the victim had withdrawn funds for the “fee” and sent it back to the scammers. The man who originally tipped off police had sent a money order for $2600 to one of MAGANYA’s false identities at the commercial mail box location. The day after MAGANYA’s arrest, the operators of the mail box store alerted police when another letter arrived for that same false identity – inside was $1000 cash from a 77-year-old woman who thought she too had won a sweepstakes.
At the time of his arrest, law enforcement discovered false drivers’ licenses in seven different names, all with MAGANYA’s picture. Agents contacted MoneyGram and Western Union and requested a list of all payments that had been sent to one of the fake identities that MAGANYA had in his possession at the time of his arrest. According to MoneyGram and Western Union, their records showed that over 120 victims had sent $346,760 in funds to the fake identities that MAGANYA possessed. Three co-conspirators were arrested in California and are being prosecuted there as well.
Writing to the court, Assistant United States Attorney Thomas Woods described the impact on the victims. “This was a cruel scheme. It preyed upon people’s hopes and wishes, leading them to believe that they had won a substantial amount of money. Many of the victims undoubtedly were down on their luck, and the letter must have appeared as a godsend. Very few of the victims likely could afford to lose the money that they did. Many of them lost thousands of dollars. Just as important, many of the victims emerged from the case scarred, less likely to trust others….”
Investigators were able to trace $238,346 of the wired funds to specific victims, but were unable to identify the victims associated with about $100,000 of wired funds.
The Federal Trade Commission has information on the sweepstakes scam here. As the FTC notes on the webpage, “Throw away any offer that asks you to pay for a prize or a gift. If it’s free or a gift, you shouldn’t have to pay for it. Free is free.”
The case was investigated by the U.S. Postal Inspection Service, the Covington Police Department and the FBI. The case was prosecuted by Assistant United States Attorney Thomas Woods.
Man Pled Guilty to Health Care Fraud and Issuing Illegal Prescriptions for Controlled SubstancesRead the Press Release
SYRACUSE, NEW YORK - United States Attorney Richard S. Hartunian announced today that a physician who formerly ran offices in Central New York has pled guilty to health care fraud and issuing illegal prescriptions for controlled substances.
MAHESH KUTHURU, M.D., age 44, formerly of Baldwinsville, pled guilty to defrauding Medicare from approximately January 2010 through September 2011 in the course of his practice at Upstate Pain Management, with offices at 59 South First Street, Fulton, New York and 287 Genesee Street, Utica. KUTHURU admitted that he submitted bills to Medicare which falsely reflected that he had personally provided or directly supervised other licensed medical personnel providing treatment or services to patients in the Fulton and Utica offices of Upstate Pain Management. In fact, KUTHURU did not personally provide those services because he was either outside the country or in Las Vegas, Nevada where he operated another medical office known as Dessert Pain Management. As a result of the false claims submitted to Medicare by KUTHURU’s New York practice, Medicare paid and KUTHURU received approximately $82,986 to which he was not entitled. In addition, KUTHURU pled guilty to illegally issuing prescriptions for controlled substances from his New York practice. KUTHURU admitted that when he was not in his New York offices, clerical staff in those offices would partially fill out prescription forms for established patients in advance of the patient’s office visit. Those prescription forms would then be sent to KUTHURU in Las Vegas where he would sign the undated forms and return them to the clerical staff in New York. The clerical staff would then date the prescription form and give it to the patient on the day the patient visited the office. On other occasions, KUTHURU signed blank, undated prescription forms and left them in his New York offices for issuance to patients there when he was in Las Vegas.
KUTHURU faces a maximum term of imprisonment of 10 years and a fine of $250,000 on the health care fraud charge and a 1 year term of imprisonment and a $100,000 fine on the unlawful dispensation of controlled substance prescription charge.
United States District Court Judge David N. Hurd scheduled sentencing for May 22, 2015 at Noon in Utica.
The case was investigated by the Federal Bureau of Investigation, the Drug Enforcement Administration, the New York Department of Health, Bureau of Narcotic Enforcement, the Health and Human Services Department, the Worker’s Compensation Board, Office of Inspector General, Excellus Special Investigations Unit, Safeguard Services and MVP Health Care, Special Investigations Unit. The case was prosecuted by Assistant U.S. Attorney Edward R. Broton.
Man Arrested on Charges of Fraud in Harrison and Hot Springs, ArkansasRead the Press Release
Law Enforcement Seeking Assistance From Potential Victims
Harrison, AR - Conner Eldridge, United States Attorney for the Western District of Arkansas, announced that Travis Allen Blount, Jr., aka Travis Allen, or Allen Blount, age 56, of Kirbyville, Missouri, appeared in United States Magistrate Court in Springfield, Missouri for an initial appearance before United States Magistrate Judge David P. Rush on a complaint for charges of three counts of Mail Fraud, one count of Wire Fraud, and two counts of Money Laundering. The charges stem from a scheme to defraud involving classic and vintage cars. Blount previously lived in Harrison and Hot Springs, Arkansas and is formerly from Louisiana.
U.S. Attorney Eldridge stated, “As alleged, this case involves a fraudulent scheme designed for personal gain. In a case such as this where multiple aliases are used in multiple areas, it is difficult to identify all of the victims. For that reason, we are reaching out to try to identify these victims so that justice can be done for all that may have been affected, and ask that you contact Law Enforcement at the phone number below with any pertinent information. Our office remains dedicated to pursuing fraud cases and holding accountable those who swindle honest and vulnerable people out of their hard-earned money by their deceitful schemes.”
According to the complaint, Blount operated two car lots, Corvettes and Classics in Harrison, Arkansas and Al’s Hot Rod’s in Kirbyville, Missouri. Blount would tell victims he would sell their classic and vintage vehicles on consignment, but he would frequently sell a car and not pay the owner, or he would accept payment from a buyer and then not deliver the vehicle or the title to the buyer. Please contact Special Agent Tim Arsenault at 479-571-9763 if you have any information in this case.
This case is being investigated by the Financial Crimes Task Force in the Western District of Arkansas, the Internal Revenue Service - Criminal Investigation Division, Homeland Security Investigations, the Fayetteville Police Department, and the Harrison Police Department. Assistant U.S. Attorney Kyra Jenner is prosecuting the case for the United States.
The charges in the complaint are only allegations. A person is presumed innocent unless or until he or she is proven guilty beyond a reasonable doubt in a court of law.
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Local Attorney Pleads Guilty to Failing to File Tax ReturnRead the Press Release
Jackson, Miss. -- Robert Harrison pled guilty on January 20, 2015 in U.S. District Court to one count of failing to file a tax return, announced U.S. Attorney Gregory K. Davis and
Jerome R. McDuffie, Acting Special Agent in Charge of IRS – Criminal Investigation.
Harrison will be sentenced by U.S. Magistrate Judge F. Keith Ball on April 2, 2015, at 2:30 p.m. in Jackson. He faces a maximum penalty of one year in federal prison and a $25,000 fine.
During tax year 2007, Mr. Harrison was an attorney who received in excess of $200,000 in gross income. For 2007, the requirement to file a federal income tax return for Head of Household filing status was $11,250, which would have required him to file a tax return. However, the defendant failed to file a tax return for tax year 2007.
"As we approach tax filing season, it is important for people to have confidence that when they file their tax returns and pay their taxes, their neighbors and co-workers are doing the same," stated Acting Special Agent in Charge, Jerome R. McDuffie, Internal Revenue Service – Criminal Investigation. "Robert Harrison willfully disregarded his legal requirement to file tax returns and will ultimately face the consequences of his actions. It is my hope that Americans who file accurate, honest, and timely returns will be further assured that the government will hold accountable those individuals who blatantly disregard the law."
In announcing the guilty plea, U.S. Attorney Davis praised the efforts of special agents from the IRS – Criminal Investigation. Assistant United States Attorneys Mary Helen Wall and Mike Hurst are prosecuting the case.
KC Man Sentenced to 25 Years for Cocaine Conspiracy That Resulted in Murder, Attempted MurderRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a Kansas City, Mo., man has been sentenced in federal court for his role in a $7.5 million conspiracy to distribute cocaine and crack cocaine, which resulted in a murder and an attempted murder for which state charges are pending.
Garron T. Briggs, also known as “Guice,” 29, of Kansas City, was sentenced by U.S. District Judge Brian C. Wimes on Wednesday, Jan. 21, 2015, to 25 years in federal prison without parole.
On June 5, 2014, Briggs pleaded guilty to participating in a conspiracy to distribute five kilograms or more of cocaine and 280 grams or more of crack cocaine between Jan. 1, 2006, and Nov. 13, 2013. Briggs also pleaded guilty to one count of distributing 28 grams or more of crack cocaine on July 27, 2011.
In addition to the drug-trafficking charges, the court found in rendering the sentence that Briggs also participated in the drug-related murder of Edward Ewing, II, in August 2011. Briggs believed that Ewing had stolen $40,000 and nine ounces of cocaine from him in a burglary. Testimony during the sentencing hearing was that there is no evidence to indicate that Ewing, who was employed full-time and did not have a felony criminal record, was responsible for the burglary.
Briggs and two other men waited outside Ewing’s residence until Ewing’s girlfriend arrived, then confronted her at gunpoint and forced their way into the residence. They pistol-whipped Ewing, who told them he didn’t know anything about the burglary, then repeatedly shot and killed him. Briggs shot Ewing’s girlfriend in the throat and she pretended to be dead, but actually survived the shooting.
Briggs is charged in Jackson County Circuit Court with first degree murder, first degree assault and two counts of armed criminal action. The state case is pending.
Briggs is among 16 defendants charged in the federal indictment, all of whom have pleaded guilty.
This case is being prosecuted by Assistant U.S. Attorney Stefan C. Hughes. It was investigated by the FBI, the Drug Enforcement Administration, IRS-Criminal Investigation, the Jackson County Drug Task Force, the Lee’s Summit, Mo., Police Department and the Kansas City, Mo., Police Department.
Jury Convicts Another in Large-Scale Drug-Trafficking ConspiracyRead the Press Release
CORPUS CHRISTI, Texas – A federal jury in Corpus Christi has convicted Rodolfo Casares, 38, of Brownsville, on one count of conspiracy to commit drug trafficking, and two counts of possession with intent to distribute controlled substances - methamphetamine and cocaine, respectively, announced U.S. Attorney Kenneth Magidson. The jury deliberated for two hours and returned the guilty verdicts just moments ago following a two-day trial.
The jury heard from 10 government witnesses, which included testimony that Casares supplied heroin, methamphetamine and cocaine to a major drug trafficking organization headquartered in Mathis and lead by Ricardo Guerrero, 56, of Mathis. On March 18, 2014, Guerrero was convicted by a federal jury in Corpus Christi for being the leader of this conspiracy and was subsequently sentenced to life imprisonment on June 5, 2014.
Casares was involved in the conspiracy from 2009 through most of 2012 and utilized his connections in Mexico to obtain the illegal narcotics and had them crossed into the United States at Brownsville, McAllen or Laredo. Once here, the illegal narcotics were then transported to Guerrero and stored in numerous properties Guerrero owned in Mathis and in neighboring counties.
Guerrero then made the arrangements to sell the heroin, methamphetamine and cocaine throughout the Southern District of Texas and in San Antonio. On Aug. 20, 2011, three conspirators that Casares had hired were arrested at the U.S. Border Patrol Checkpoint at Hebbronville while attempting to transport methamphetamine and cocaine to Guerrero.
Trial testimony also provided that Guerrero’s criminal organization was moving kilogram amounts of methamphetamine, heroin and cocaine at least once or twice a month during the conspiracy.
U.S. District Judge Nelva Gonzales Ramos presided over the trial and has set sentencing for May 15, 2015. At that time, Casares faces a mandatory minimum of 10 years and up to life in federal prison as well as a possible $10 million maximum fine.
Those charged in relation to this case were identified through a long-term investigation conducted jointly by Homeland Security Investigations and Texas Department of Public Safety in coordination with the United States Attorney’s Office. Assistant U.S. Attorney Chad W. Cowan is prosecuting the case.