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3 March 2015
Manhattan U.S. Attorney Announces the Extradition of Defendant from United Kingdom for Providing Material Support to, and Receiving Military Training from, Al Qaeda in the Arabian PeninsulaRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, and Andrew G. McCabe, the Assistant Director-in-Charge of the Washington, D.C., Office of the Federal Bureau of Investigation (“FBI”), announced today the extradition of MINH QUANG PHAM, a/k/a “Amin,” from the United Kingdom. Pham, a Vietnamese national, was indicted in 2012 on charges of providing material support to, and receiving military training from, al Qaeda in the Arabian Peninsula (“AQAP”), a designated foreign terrorist organization, as well as possessing and using a firearm in furtherance of crimes of violence, and other violations. Pham was presented yesterday before U.S. Magistrate Judge Andrew J. Peck, and will be arraigned tomorrow, March 4, 2015, before U.S. District Judge Alison J. Nathan.
Manhattan U.S. Attorney Preet Bharara said: “As alleged, Minh Quang Pham surreptitiously traveled from the UK to Yemen in late 2010 and received terrorist training by AQAP. During the half year he spent in Yemen, Pham allegedly vowed to wage jihad, swore bayat, and provided material support to high-level AQAP members, almost always brandishing a Kalashnikov rifle. Through the vigilance and investigative efforts of our British partners and the FBI, Pham is now in the U.S. to face American justice.”
FBI Assistant Director Andrew G. McCabe, said: “Today’s material support charges outline that Minh Quang Pham received military-style training and possessed weapons to commit crimes of violence on behalf of al Qaeda in the Arabian Peninsula. This investigation and subsequent extradition of Pham from the UK speak to the level of commitment of the FBI and our national and international law enforcement and intelligence community partners to bring this dangerous terrorist to face justice in the United States."
According to the Indictment and extradition-related filings:
In December 2010, after informing his wife that he planned to travel to Ireland, PHAM traveled from the United Kingdom, where he resided, to Yemen, the principal base of operations for AQAP. AQAP was designated by the United States Department of State as a foreign terrorist organization in January 2010 based, in part, on its claims of responsibility for attempted terrorist attacks against the United States. For example, AQAP claimed responsibility for the attempted Christmas Day bombing of a Detroit-bound passenger plane from Europe in 2009. Further, AQAP later claimed responsibility for an October 2010 plot to send explosive-laden packages on U.S.-bound cargo flights.
While in Yemen, PHAM met a person who later became a cooperating witness for the United States (“CW-1”). CW-1 knew PHAM as “Amin,” and met face-to-face with him at several AQAP safehouses in Yemen in March and April 2011. According to CW-1, CW-1 first learned about PHAM via email correspondence with a now deceased United States citizen, who was a prominent AQAP member (“American CC-1”). CW-1 first met PHAM at an AQAP safehouse in Yemen in or about March 2011, where CW-1 observed PHAM carrying a Kalashnikov assault rifle. CW-1 stated that he observed PHAM carrying the assault rifle throughout almost all of his interactions with PHAM in Yemen. In conversations with CW-1, PHAM told CW-1 that he had been trained in the use of the Kalashnikov assault rifle while in Yemen by AQAP. Further, PHAM told CW-1 that he (PHAM) had traveled to Yemen in order to join AQAP, and to wage jihad on behalf of AQAP. PHAM also told CW-1 that he (PHAM) had sworn bayat in the presence of an AQAP commander prior to leaving Yemen.
CW-1 also witnessed PHAM’s interactions with American CC-1 and a second United States citizen (“American CC-2”), also now deceased, who was also a prominent AQAP member. CW-1 observed PHAM working closely with American CC-1, who was responsible for editing and publishing Inspire magazine – an English-language publication used by AQAP to distribute propaganda and recruit individuals from Western cultures to join and/or support AQAP. In or about October 2010, AQAP released the second issue of Inspire magazine, which included a feature article entitled “I Am Proud to be a Traitor to America,” written by American CC-2. In addition, PHAM told CW-1 that PHAM was working with American CC-1 and that he (PHAM) had spent time at no fewer than three AQAP safehouses. During CW-1’s time at these AQAP safehouses, CW-1 also spoke with American CC-1 and American CC-2 about PHAM, and understood from them that PHAM was providing valuable assistance to American CC-1 in connection with the production and editing of Inspire magazine.
On July 27, 2011, PHAM returned to the United Kingdom. Upon his arrival at London’s Heathrow International Airport, United Kingdom authorities detained and searched PHAM. Materials recovered from PHAM at this time corroborate CW-1’s account of CW-1’s interactions with PHAM while in Yemen. For example, CW-1 stated that, while in Yemen, CW -1 personally exchanged various electronic documents with PHAM – and PHAM was found in possession of various electronic media that contained computer files forensically identical to those possessed by CW-1. In addition, CW-1 reported that PHAM almost always carried a Kalashnikov in Yemen – and upon his arrival in the United Kingdom from Yemen, PHAM was found to be in possession of a live round of .762 caliber armor-piercing ammunition, which is consistent with ammunition that is used in a Kalashnikov assault rifle.
The indictment charges PHAM with five separate counts:
- Count One: Conspiracy to provide material support to AQAP;
- Count Two: Providing material support to AQAP;
- Count Three: Conspiracy to receive military-type training from AQAP;
- Count Four: Receiving military-type training from AQAP; and
- Count Five: Use, carrying, and possession of a firearm (machine gun) in furtherance of crimes of violence (Counts One though Four);
If convicted on all counts, PHAM faces a maximum sentence of life in prison, with a mandatory minimum sentence of 40 years in prison. The maximum sentences for each of the charges are reflected in the attached chart. 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.
PHAM, 32, was arrested in the United Kingdom on June 29, 2012, pursuant to a provisional arrest warrant issued by the United States Attorney’s Office for the Southern District of New York. Since that time, PHAM has challenged his extradition to the United States. On February 3, 2015, a court in the United Kingdom denied PHAM’s challenge, and ordered him extradited to the United States. PHAM arrived in the Southern District of New York on February 26, 2015.
Mr. Bharara praised the extraordinary investigative work of the FBI’s Washington Field Office. He also expressed his gratitude to the New York Joint Terrorism Task Force – which principally consists of agents from the FBI and detectives from the New York City Police Department – for the critical role it played in the investigation. In addition, Mr. Bharara thanked the Department of Defense and the Department of Justice’s National Security Division. He also thanked the Office of International Affairs for its work in pursuing Pham’s extradition from the United Kingdom. Lastly, Mr. Bharara also thanked the British authorities, including New Scotland Yard and the Crown Prosecution Service, for their cooperation in the investigation.
This case is being handled by the Terrorism and International Narcotics Unit of the U.S. Attorney’s Office for the Southern District of New York. Assistant U.S. Attorneys Anna M. Skotko, Sean S. Buckley, and Ian McGinley are in charge of the prosecution.
The charges contained in the Indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty.
Click here to view chart(s)
U.S. v. Minh Quang Pham Indictment
Loretto Man Sentenced to 22 Months in Prison for Lying About Employees’ WagesRead the Press Release
United States Attorney Andrew M. Luger today announced the sentencing of JEFFERY JOHN PLZAK, 52, to 22 months in federal prison for felony false statements in connection with prevailing wage violations. PLZAK pleaded guilty on July 8, 2014, to one count of False Statements and was sentenced on March 3, 2015, before Judge Patrick J. Schiltz in U.S. District Court in Minneapolis, Minn.
In addition to the 22-month prison sentence, PLZAK was ordered to pay over $240,000 in restitution, pay a fine, and was placed on one-year of supervised release to follow the prison term. In sentencing PLZAK, Judge Schiltz emphasized the impact of PLZAK’S crime on his employees and on PLZAK’S competitors and their employees, as well as the need to deter similar offenses by PLZAK and others in the future.
According to the defendant's guilty plea and documents filed in court, PLZAK and his spouse run Honda Electric, Inc., a company based in Loretto, Minnesota. Honda Electric bids on construction projects, including highway and road projects, that are federally and state funded. Many of the projects PLZAK bid on required that Honda Electric pay its electricians and other laborers the prevailing wage rate.
On numerous occasions, PLZAK won bids based in part on the representation that Honda Electric employees working on each project would receive the prevailing wage. Those projects required periodic submission by Honda Electric of a certified payroll report. In those reports, PLZAK knew Honda Electric, at his direction, was representing to the United States Department of Transportation – Federal Highway Administration and to the Minnesota Department of Transportation that Honda Electric’s employees were being paid the required prevailing wage.
In fact, as PLZAK knew, in many instances employees were being paid less than half of the prevailing wage rate. For example, PLZAK admitted that in a certified payroll report dated September 24, 2010, Honda Electric stated it was paying prevailing wage on a federally funded project in Ramsey County, Minnesota, when, in fact, he knew the employees were receiving far less than prevailing wage. In total, PLZAK admitted that over a series of projects between 2010 and 2013, Honda Electric underpaid its employees over $241,000.
This case is the result of an investigation by the Minnesota Department of Transportation’s Labor Compliance Unit and the Federal Bureau of Investigation.
Assistant U.S. Attorney David M. Genrich prosecuted the case.
Defendant Information: JEFFERY JOHN PLZAK, 52
Loretto, Minn.
Convicted: • False Statements, 1 count
Sentenced: • 22 months in prison
• $241,000 in restitution
• 1 year supervised releaseLongview Man Sentenced on Federal Drug ChargesRead the Press Release
Department of Justice
Office of Public AffairsTYLER, Texas - U.S. Attorney John M. Bales announced today that a Longview man has been sentenced to federal prison for his involvement in a drug conspiracy in the Eastern District of Texas.
Antonio Cortez Gonzales, 35, of Longview, Texas, was sentenced to 136 months in federal prison today by United States District Judge Michael H. Schneider. Gonzales had entered a guilty plea on October 2, 2014, on charges he conspired with others to distribute cocaine and marijuana.
According to information presented in court, Gonzales, along with his co-defendants, distributed drugs including cocaine and marijuana in the Longview, Texas area. Drugs were shipped from an individual in Houston, Texas to Gonzales’ residence in Longview, where he then distributed the drugs to other people.
Gonzales was indicted on August 28, 2013. As part of his sentence, Gonzales was also ordered to forfeit a money judgment in the amount of $336,000, a residence in Longview, Texas, a vehicle, three firearms and ammunition.
This case was investigated by the Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI) and the Texas Department of Public Safety. The case is being prosecuted by Assistant United States Attorney Mary Ann Cozby.
Local Resident Guilty of Tax EvasionRead the Press Release
CORPUS CHRISTI, Texas - Amber Wise has pleaded guilty to making a false statement on a tax return, announced U.S. Attorney Kenneth Magidson.
Wise was charged with three counts of making false statements on her tax returns for tax years 2008, 2009 and 2010. Wise’s tax returns for those three years underreported her income by $241,026 resulting in $69,692.76 in unpaid taxes due to the United States.
At today’s hearing before U.S. Magistrate Judge B. Janice Ellington, Wise admitted that while employed as the manager of Trinity Acceptance Finance Corporation, she filed personal tax returns which underreported her income by more than $53,000 in 2008, more than $109,000 in 2009 and more than $78,000 in 2010. Wise entered a plea of guilty to filing a 2009 tax return containing a false statement of her income, but acknowledged that the total tax loss for all three years of $69,692.76 would be considered by the court in determining her sentence.
A sentencing hearing was scheduled for July 1, 2015, at 9:00 a.m. before U.S. District Judge Nelva Gonzales Ramos. At that time, Wise faces a sentence of up to three years in federal prison and a possible $250,000 fine.
The case was investigated by IRS - Criminal Investigation, FBI and the U.S. Postal Inspection Service and is being prosecuted by Assistant U.S. Attorney Robert D. Thorpe Jr.
Local Man Charged with Robbing 2 Pittsburgh-area BanksRead the Press Release
PITTSBURGH – An Allegheny County resident has been indicted by a federal grand jury in Pittsburgh on charges of bank robbery and armed bank robbery, United States Attorney David J. Hickton announced today.
The four-count indictment named Christopher Wallace, 28, formerly of Pittsburgh, Pa., as the sole defendant.
According to the indictment, on or about Feb. 10, 2015, Wallace robbed two banks with a dangerous weapon: First Commonwealth Bank, located at 5200 Butler Street, in Lawrenceville, and PNC Bank located at 206 Rodi Road in Penn Hills. Both banks are insured by the Federal Deposit Insurance Corporation.
The law provides for a maximum total sentence of 25 years in prison, a fine of $250,000.00, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Cindy K. Chung is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Pittsburgh Bureau of Police conducted the investigation leading to the indictment in this case.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Lewisburg Federal Prison Inmate Charged with AssaultsRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania, announced today that charges have been filed against Andrew Barnes, who is currently confined at the U.S. Penitentiary, Lewisburg, Pennsylvania.
According to United States Attorney, Peter Smith, Barnes, age 35, is charged in a two-count felony Information with assault with a dangerous weapon. In August 2014, and again in October 2014, Barnes allegedly assaulted two other Lewisburg inmates with homemade weapons.
The government filed a plea agreement with the defendant which is subject to approval by the court.
The investigation was conducted by the Federal Bureau of Investigation, and the Bureau of Prisons Special Investigative Service. Assistant United States Attorney Wayne P. Samuelson has been assigned to prosecute the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statues and the Federal Sentencing Guidelines.
In this case, the maximum penalty under the federal statutes is 20 years imprisonment, a term of supervised release following imprisonment, and a fine of $500,000.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not necessarily an accurate indicator of the potential sentence for a specific defendant.
Laguna Pueblo Man Sentenced to Ten Years in Federal Prison for Assaulting Laguna Pueblo Woman and a Federally Commissioned Tribal Police OfficerRead the Press Release
ALBUQUERQUE – Preston Marmolejo, 32, a member and resident of Laguna Pueblo, was sentenced this morning in federal court to 120 months in prison followed by three years of supervised release for assaulting a Laguna Pueblo woman and a federally commissioned tribal police officer. The sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, Special Agent in Charge William McClure of District IV of BIA’s Office of Justice Services, and Chief Herman D. Silva of the Pueblo of Laguna Tribal Police Department.
Marmolejo was arrested on Dec. 2, 2013, on a criminal complaint charging him with assault with a dangerous weapon and assault on a federal officer. He subsequently was charged in a four-count indictment with assault with a dangerous weapon, assault resulting in serious bodily injury, assaulting a federal officer, and using a firearm in furtherance of a crime of violence.
According to court filings, on Nov. 29, 2013, officers of the Pueblo of Laguna Police Department responded to a domestic violence call reporting that Marmolejo was assaulting his girlfriend, a Laguna Pueblo woman, with a knife. When the tribal officers arrived at Marmalejo’s residence, Marmolejo was holding a shotgun. Marmolejo disregarded the tribal officers’ commands that he put the weapon down and instead fired towards the officers and injured an officer who is federally commissioned by the BIA.
On Aug. 19, 2014, Marmolejo entered guilty pleas to Counts 1 and 3 of the indictment charging him with assault with a dangerous weapon and assaulting a federal officer, respectively. In his plea agreement, Marmolejo admitted assaulting the female victim with a knife and the federal commissioned tribal police officer with a shotgun.
This case was investigated by the Albuquerque office of the FBI, the Laguna/Acoma Agency of the BIA’s Office of Justice Services, and the Pueblo of Laguna Tribal Police Department. The case was prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.
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.
Justice Department and Equal Employment Opportunity Commission Sign Memorandum of Understanding to Further the Goals of Title VII of the Civil Rights Act of 1964 in Prohibiting Employment Discrimination in State and Local GovernmentsRead the Press Release
The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice’s (DOJ) Civil Rights Division yesterday signed a new Memorandum of Understanding (MOU) to further the goals of Title VII of the Civil Rights Act of 1964 in prohibiting employment discrimination in the state and local government sector. The signing ceremony took place on Monday, March 2, at DOJ’s headquarters in Washington, D.C., and included remarks from Assistant Attorney General Vanita Gupta of the Civil Rights Division and EEOC Chair Jenny Yang.
EEOC and DOJ share enforcement authority for public sector employers under Title VII. The EEOC receives, investigates and mediates charges of discrimination against public employers. Where the EEOC finds reasonable cause to believe an unlawful employment practice has occurred, the agency works with the employer to negotiate a mutually agreeable resolution to the charge. If conciliation of a charge fails, the EEOC refers the charge and its investigative file to DOJ, which has sole authority within the federal government to file a lawsuit against public employers under Title VII.
The MOU includes provisions for the coordination of the investigation of charges of discrimination on the basis of any characteristic protected by Title VII, while respecting the distinct responsibilities and enforcement priorities of each agency. Further, the MOU includes provisions for sharing information, as appropriate and to the extent allowable under law.
This MOU codifies a pilot project launched in 2009 by DOJ and EEOC. The pilot, which began with four of EEOC’s district offices, has been expanded over the years and now includes the Chicago, Indianapolis, Los Angeles, New York, Philadelphia and San Francisco District Offices, as well as the Washington, D.C. Field Office, among others. Over the years, the pilot has served to enhance the effectiveness of the nation’s equal employment opportunity enforcement program in the public sector, ensuring the efficient use of resources and a consistent enforcement strategy.
“The MOU brings to life our vision to approach our shared Title VII enforcement responsibilities as a partnership,” said Acting Assistant Attorney General Gupta. “It institutionalizes that partnership and provides a concrete framework for expanding our collaborations and increasing our effectiveness in protecting the employment rights of public sector workers.”
“Our state and local governments provide essential services that affect all of us every day in every part of our lives,” said EEOC Chair Yang. “One of the greatest tools that our public institutions have for inspiring trust and credibility in our communities is to ensure that all public employees enjoy equal opportunity at work. That is the significance of the MOU we sign today.”
There have been several successful examples of the existing partnership between EEOC and DOJ, including the settlement of Murphy-Taylor v. State of Maryland, et al., a sexual harassment and retaliation lawsuit involving the Queen Anne’s County Sheriff, in which the United States intervened; the settlement with the Board of Education, Berkeley School District 87, Cook County, Illinois, over religious accommodation discrimination; and a settlement with Clark County, Nevada, for wage discrimination and retaliation against an African-American female manager resulting in $179,000 in monetary relief.
The MOU is just one example of the enforcement partnership between the EEOC and DOJ. The agencies collaborate on several interagency taskforces and working groups, including the Federal Interagency Reentry Council, the National Equal Pay Enforcement Taskforce, the Curb Cuts to the Middle Class Initiative, the Task Force to Monitor and Combat Human Trafficking, the Interagency Working Group for the Consistent Enforcement of Federal Labor, Employment and Immigration Laws, and most recently an interagency working group on police force diversity.
The MOU and information about Title VII and other federal employment laws is available on the Employment Litigation Section of the Civil Rights Division’s website or the U.S. Equal Employment Opportunity Commission’s website.
Jury Convicts Billings Felon of Unlawfully Possessing a FirearmRead the Press Release
BILLINGS – Following one-and-half days of trial, Mack Edward Harris, 49, of Billings, Montana, was convicted of being a felon in possession of a firearm and possessing a firearm after a misdemeanor conviction for domestic violence. U.S. District Judge Susan Watters presided over the trial. Harris now faces a maximum ten years in prison on each count, a $250,000 fine, and up to three years of supervised release.
Evidence presented at trial by Assistant United States Attorneys Paulette Stewart and Colin Rubich showed that on March 10, 2013, Harris possessed a firearm in Billings, Montana. At the time, he had already been convicted of a misdemeanor crime of domestic violence and a felony. On March 10, 2013, Billings Police Department officers responded to a report of a domestic, physical disturbance in an apartment on Industrial Avenue. The complainant heard fighting, as well as the female reference that the male had a firearm under the mattress.
After officers gained entry into the apartment to investigate, they conducted a safety sweep. On the second sweep, the officers discovered Mack Edward Harris in a cupboard under the sink. Harris denied any knowledge of a firearm in the apartment. After obtaining consent to search the apartment, the officers found a Hi-Point 9mm pistol under the dresser in the bedroom. A trace of the firearm confirmed that it belonged to a man who had sold it to Harris not knowing that Harris was prohibited from owning a firearm.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, as well as the Billings Police Department.
Jesup Man Pleads Guilty to Distribution of Child PornographyRead the Press Release
A man who distributed child pornography pled guilty on March 2, 2015, in federal court in Cedar Rapids.
William Smith, age 33, from Jesup, Iowa, was convicted of one count of distribution of child pornography.
At the plea hearing, Smith admitted that, in June 2013, he used a cell phone to distribute child pornography.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Smith was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing. Smith faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, a $100 special assessment, and supervised release for 5 years to life following his imprisonment.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Marion Police Department.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 14-140.
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Illegal Alien Sentenced to over Four Years in Prison for Passport Fraud, Aggravated Identity Theft, Alien Harboring, and Registering to Vote in Federal ElectionRead the Press Release
An illegal alien who assumed the identity of a U.S. citizen, obtained a U.S. passport, and voted in the 2012 presidential election was sentenced today to more than four years in federal prison.
Abel Hernandez-Labra, age 44, an illegal alien living in Hampton, Iowa, received the prison term after a November 4, 2014, guilty plea to one count of making false statements in a passport application, one count of aggravated identity theft, one count of making a false claim of U.S. citizenship to register to vote, and one count of harboring an illegal alien.
In a plea agreement, Hernandez-Labra admitted that he is a Mexican citizen who illegally entered the United States. Hernandez-Labra admitted he purchased a birth certificate and social security number of an American citizen born in Puerto Rico and assumed that identity. Falsely claiming to be a United States citizen, Hernandez-Labra used those documents to obtain Iowa driver’s licenses which he in turn used to apply for and fraudulently obtain a U.S. passport in 2008 and to unlawfully register and vote in the 2012 federal election. Hernandez-Labra also admitted that, during 2014, he harbored and encouraged an illegal alien to reside unlawfully in the United States by providing work and a residence and by not reporting the alien to immigration authorities.
Hernandez-Labra was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Hernandez-Labra was sentenced to 51 months’ imprisonment and fined $5,000. A special assessment of $400 was imposed. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Hernandez-Labra is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by agents from the U.S. Department of State, Diplomatic Security Service (DSS) Chicago Field Office; the Department of Homeland Security, Homeland Security Investigations; the Iowa Division of Investigations and Appeals; the Iowa Bureau of Investigation and Identity Protection; the Hampton Police Department; the Webster City Police Department; and the Hamilton County Sheriff’s Office.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-3036.
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IRS’s Top Ten Identity Theft Prosecutions; Part of Ongoing Efforts to Protect Taxpayers, Prevent Refund FraudRead the Press Release
Department of Justice
Office of Public AffairsIRS YouTube Videos
ID Theft: IRS Efforts on Identity Theft: English | Spanish | ASL
IRS Identity Theft FAQ: First Steps for Victims: English | ASLIR-2015-37, March 3, 2015
WASHINGTON — Continuing its enforcement push against refund fraud and identity theft, the Internal Revenue Service today announced the Top Ten Identity Theft Prosecutions for Fiscal Year 2014 (FY14). The ongoing efforts to bring identity thieves to justice remains a significant priority as part of the IRS’s comprehensive identity theft strategy focusing on preventing, detecting and resolving identity theft cases as soon as possible.
“Identity theft is a crime that carries significant consequences, and these cases send a warning to criminals,” said Richard Weber, Chief, IRS-Criminal Investigation. “Our top 10 cases represent the seriousness of these crimes and the magnitude of the consequences that will be faced by those who victimize honest taxpayers and steal from hard-working Americans.”
Learn more about identity theft and what the IRS is doing to combat it at IRS.gov/identitytheft. You can also read IRS Fact Sheet 2015-1, IRS Combats Identity Theft and Refund Fraud on Many Fronts, and IRS Fact Sheet 2015-2, Identity Theft Information for Taxpayers and Victims.
The summary of the following 10 identity theft cases is based on public information available in court records: Top Ten Identity Theft Cases
1. Couple Sentenced for False Tax Refund Conspiracy -
On April 24, 2014, in Charlotte, North Carolina, Senita Birt Dill and Ronald Jeremy Knowles, were sentenced to 324 and 70 months in prison, respectively. Both were also ordered to pay $3,978,211 in restitution to the IRS. Dill and Knowles pleaded guilty to false claims of conspiracy and access device fraud. Dill also pleaded guilty to aggravated identity theft. Dill and Knowles used fraudulently obtained personal identification information (including names, dates of birth and social security numbers) to file false tax returns claiming tax refunds. Dill and Knowles used neighboring addresses to fill out the fraudulent tax returns and checked the homes’ mailboxes frequently to retrieve the fraudulent refund checks upon delivery. The defendants also used addresses in Greenville and Greer, S.C., which belonged to Knowles’ businesses. Dill and Knowles filed over 1,000 false tax returns using the fraudulently obtained personal identification information.2. Georgia Man Sentenced for Tax Fraud and Identity Theft -
On Aug. 25, 2014, in Atlanta, Georgia, Mauricio Warner was sentenced to 240 months, three years of supervised release, ordered to pay $5,041,869 in restitution and forfeiture of bank accounts that contained $4,185,455. Warner was convicted on wire fraud, aggravated identity theft, filing false claims, and money laundering. Warner filed over 5,000 false tax returns using the names and social security numbers of unsuspecting victims that were told they could submit an application for an “Obama stimulus payment” or “Free Government Money” by providing their names and social security numbers. In addition to word-of-mouth marketing, Warner used toll-free telephone numbers to collect victims’ personal identifying information.3. Dallas Men Sentenced for Role in Massive Stolen Identity Refund Fraud Scheme -
On May 15, 2014, in Dallas Texas, Ogiesoba City Osula was sentenced to 210 months in prison and ordered to pay $15.9 million in restitution. Osula was convicted on conspiracy to commit wire fraud, mail fraud and bank fraud; presenting fraudulent claims upon the U.S.; access device fraud and aiding and abetting; and aggravated identity theft and aiding and abetting. Previously sentenced were co-defendants: George Ojonugwa, sentenced to 174 months and ordered to pay $15,979,187 in restitution; Eseos Igiebor, sentenced to 96 months and ordered to pay $9,660,658 in restitution; Ebenezer Legbedion, sentenced to 40 months and ordered to pay more than $1 million in restitution; and Evelyn Nyaboke Haley sentenced to 60 months and ordered to pay approximately $5.7 million in restitution. The defendants conspired to defraud the United States by using stolen identity information and false information to create and electronically file false tax returns to claim refunds. On Nov. 8, 2011, police in a Cincinnati suburb questioned Osula and Ojonugwa, who were in a parked car. When the vehicle was searched, police found more than $300,000 in cash and money orders and numerous debit cards. During that incident, while Osula was in a police car and waiting to be questioned, he ate a debit card.4. Floridian Sentenced in Identity Theft Tax Fraud and Social Security Schemes -
On Sept. 17, 2014, in Miami, Florida, Kevin Cimeus, was sentenced to 156 months in prison and three years of supervised release. Cimeus was convicted of conspiracy to steal government property or money, theft of government money or property, access device theft, and aggravated identity theft. Federal agents found over 2,400 social security numbers and names of real people stored on thumb drives, laptop computers, iPad, and Cimeus’ email account at Cimeus’ residence. Cimeus recruited Miami Dade College students to allow him to use their bank accounts to receive fraudulently obtained tax refunds. Cimeus also used his own bank accounts to receive fraudulently obtained tax refunds. Cimeus filed at least one thousand tax returns from two IP addresses. He also used the two IP addresses to access the Social Security Administration’s web site and create online profiles for social security recipients in order to re-route the victims’ social security payments to other accounts.5. Ohio Man Sentenced for Participation in $3.5 Million Identity Theft Scam -
On Aug. 21, 2014, in Columbus, Ohio, Roma L. Sims was sentenced to 100 months in prison, three years of supervised release, and ordered to pay $3,517,534 in restitution to the IRS. Sims pleaded guilty to aggravated identity theft, wire fraud and conspiring to commit identity theft in a scheme to defraud the IRS. Sims advertised through various means in order to collect personal identification information from low-income or unemployed single parents with children. After tricking the innocent individuals who responded into providing their personal identification information, Sims prepared and filed false income tax returns in their names. Sims also obtained additional personal identification information by conspiring with Robert Earthman, who had access to the Kentucky child support enforcement database, which contained personal identification information of single parents with children who were recipients of child support. In total, Sims was responsible for the preparation and filing of approximately 977 income tax returns for the 2010 - 2012 tax years. Samantha C. Towns was sentenced to three years of probation and ordered to pay $1,312,513 in restitution to the IRS. Robert S. Earthman was sentenced to 24 months in prison, three years of supervised release and was ordered to pay $1,312,513 in restitution to the IRS.6. New York Tax Preparer Sentenced for Filing False Tax Returns and Aggravated Identity Theft
On April 24, 2014, Mahamadou Daffe, a tax preparer in Queens, N.Y., was sentenced to 102 months in prison and three years of supervised release. Daffe was found guilty of conspiracy to steal government funds, theft of government funds, conspiracy to file false claims, wire fraud, and aggravated identity theft in connection with the preparation and filing of nearly 1,000 false income tax returns submitted online using stolen identities.7. Alabama Man Sentenced for Scheme Using Prisoner Identities to Obtain False Tax Refunds
On April 29, 2014, in Montgomery, Ala., Harvey James was sentenced to 110 months in prison, three years of supervised release and ordered to pay $618,042 in restitution. James pleaded guilty to mail fraud and aggravated identity theft. James and his sister, Jacqueline Slaton, obtained stolen identities from various individuals, including one person who had access to inmate information from the Alabama Department of Corrections. James and others used those inmate names to file federal and state tax returns that claimed fraudulent refunds. Vernon Harrison, a U.S. Postal Service employee, provided James with addresses from his postal route, which were used as mailing addresses for the fraudulent prepaid debit cards and state tax refund checks. In total, James filed over 1,000 federal and state income tax returns that claimed over $1 million in fraudulent tax refunds. Slaton was sentenced to 70 months in prison and Harrison was sentenced to 111 months in prison.8. Several Sentenced in $19 Million Tax Fraud Conspiracy -
On December 30, 2013, in Anchorage, Alaska, Joel Santana-Pierna and Abel Santana-Pierna, citizens of the Dominican Republic residing in Alaska, were sentenced to 135 months and 72 months in prison, respectively. In addition, they were ordered to pay $559,755 in restitution to the IRS and agreed to forfeit approximately $130,000 obtained as part of their drug trafficking activities. The brothers pleaded guilty to conspiracy to distribute cocaine and conspiracy to defraud the government. The Santana-Pierna brothers conspired to use more than 3,000 stolen Puerto Rican identities to file false income tax returns and obtain large income tax refunds to which they were not entitled. In total, eleven individuals have been sentenced in this scheme with sentencings ranging from probation to 135 months in prison.9. Woman Sentenced for Tax Fraud and Aggravated Identity Theft -
On Oct. 22, 2014, in Orlando, Florida, Tanya Fox was sentenced to 240 months in prison for conspiracy to defraud the federal government, wire fraud, theft of government property, and aggravated identity theft. Fox was also ordered to pay a money judgment in the amount of $4,055,735. On July 24, 2014, Fox was found guilty by a jury of one count of conspiracy, five counts of wire fraud, ten counts of theft of government property, and ten counts of aggravated identity theft. According to court documents, Fox orchestrated a scheme to file fraudulent tax returns using identities that had been stolen from a variety of sources. Fox directed other individuals to open business bank accounts in the name of a fraudulent tax preparation business and to have the tax refunds deposited into those accounts. She then worked with those individuals to withdraw the funds and she spent the money on several luxury and other vehicles, cosmetic surgery and to open a restaurant in the Orlando area. Four others have been sentenced for providing approximately 2,400 names from the Orange County Health Department to Fox, with sentencing’s ranging from five years to two years and six months in prison.10. Bogus Charity Operator Sentenced for ID Theft and Wire Fraud Scheme -
On June 12, 2014, in Columbus, Ohio, Jonathan Webster was sentenced to 108 months in prison, three years of supervised release and ordered to pay $1,457,936 in restitution. Webster pleaded guilty to wire fraud and aggravated identity theft. Webster purchased advertising in newspapers representing himself as a charity seeking to provide financial assistance to others. Webster set up an online website where individuals responding to the advertisements could provide their names and social security numbers. Webster and a co-conspirator electronically filed more than 500 false income tax returns using the names and social security numbers of the individuals.
Statistical Information
In fiscal year 2014, the IRS initiated 1,063 identity theft related investigations. Criminal Investigation enforcement efforts resulted in 748 sentencings as compared to 438 in FY 2013, an increase of 75 percent. The incarceration rate rose 7.1 percent to 87.7 percent. The courts also imposed more jail time in 2014, with the average months of those being sentenced rising to 43 months as compared to 38 months in FY 2013. The longest sentence was 27 years.
Enforcement Efforts
During FY 2014, Criminal Investigation dedicated significant time and resources to bringing down identity thieves attempting to defraud the federal government.
The nationwide Law Enforcement Assistance Program provides for the disclosure of federal tax return information associated with the accounts of known and suspected victims of identity theft with the express written consent of those victims. There are now more than 755 state/local law enforcement agencies from 47 states participating. Since the start of the program, more than 6,776 requests were received from state and local law enforcement agencies.
The Identity Theft Clearinghouse (ITC) continues to develop and refer identity theft refund fraud schemes to CI Field Offices for investigation. Since its inception in FY 2012, it has received over 7,600 individual identity theft leads. These leads involved approximately 1.47 million returns with over $6.8 billion in refunds claimed.
CI continues to be the lead agency that investigates identity theft and is actively involved in more than 78 multi-regional task forces or working groups including state, local and federal law enforcement agencies solely focusing on identity theft. CI has one of the highest conviction rates in all of federal law enforcement -- at 93.4% -- and is the only federal law enforcement agency with jurisdiction over federal tax crimes. CI is routinely called upon to be the lead financial investigative agency on a wide variety of financial crimes including international tax evasion, identity theft and transnational organized crime.Harrisburg Man Involved in Illegal Sports Gambling Sentenced to ProbationRead the Press Release
The U.S. Attorney's Office for the Middle District of Pennsylvania announced that Michael Puglisse, 68, of Harrisburg, was sentenced today for conspiracy to engage in illegal gambling. U.S. District Court Judge William W. Caldwell sentenced Puglisse to one year probation and ordered him to pay a fine of $4,000.
According to U.S. Attorney Peter Smith, Puglisse had a role in the illegal sports gambling organization operated by Steven Sheely, Sr. Sheely recently pled guilty, agreed to forfeit roughly $800,000.00 in seized assets, and is awaiting sentencing. Before imposing sentence, Judge Caldwell noted Puglisse’s minor criminal record and limited role in the organization, as well as Puglisse’s military record.
The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and the Commonwealth of Pennsylvania’s Department of Agriculture. Assistant United States Attorney William A. Behe prosecuted the case.
Harrisburg Businessman Sentenced to Prison Term for Withholding Tax FraudRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania, announced that a 31-year old Harrisburg man was sentenced today before Senior U.S. District Court Judge William C. Caldwell to six months imprisonment, three years supervised release and payment to the IRS of $216,000, along with penalties and interest.
According to United States Attorney Peter Smith, Howard Ginting was the sole owner of Ginting Enterprises, Inc., a Pennsylvania corporation located in Harrisburg. Ginting Enterprises supplied day laborers to businesses in central and northeastern Pennsylvania. As the owner and operator, Ginting was required to withhold from the wages of employees the Federal Insurance Contributions Act (FICA) taxes on a quarterly basis. From October, 2006 through February, 2008, Ginting Enterprises paid wages totaling approximately $851,553; Gintingfalsely reported to the IRS that he had only paid $68,549. He underpaid the Social Security tax and Medicare taxes owed by GEI by approximately $119,799.
In February, 2008, Ginting shut down Ginting Enterprises and continued his same labor supply business under the name Trojan Services, Inc. Between February, 2008 and May, 2011, Trojan paid wages of approximately $638,477; Gintingfailed to report to the IRS all wages paid to his employees, underpaying Social Security tax and Medicare taxes by approximately $97,047.
This resulted in underreporting the employee and employer share of the Social Security and Medicare taxes in the total amount of approximately $216,846.
Ginting was charged by a grand jury in Harrisburg in an indictment in January 2014, following an investigation by the Internal Revenue Service Criminal Investigations. The case was prosecuted by Assistant U.S. Attorney Gordon Zubrod.
Hardee’s Shooter Thompson Pleads Guilty to Robbery and Gun ChargesRead the Press Release
KNOXVILLE, Tenn. – On Mar. 2, 2015, Stephen Thompson, 25, of Knoxville, Tenn., pleaded guilty in U.S. District Court for the Eastern District of Tennessee at Knoxville, to two counts of Hobbs Act robbery and one count of discharging a firearm during the robbery. Sentencing was set for 10:00 a.m., July 8, 2015, in U.S. District Court in Knoxville.
Pursuant to the terms of his plea agreement, Thompson agreed to a term of 30 years in prison, to be followed by a term of supervised release, and he will be ordered to pay restitution. There is no parole in the federal system. The agreed upon sentence is subject to the approval of Chief U.S. District Judge Thomas A. Varlan.
According to facts outlined in his plea agreement on file with the U.S. District Court, Thompson admitted to having committed a total of 13 robberies between March 2009 and October 2014. Notably, during every robbery he committed, Thompson either brandished a real firearm or an object that appeared to be a real firearm and, during the November 2009 robbery of a Hardee’s restaurant, Thompson shot a victim employee in the chest before fleeing with money from the restaurant.
Specifically, Thompson robbed the following locations on the following dates: (1) on Mar. 2, 2009, Thompson robbed the Sports Seasons, located on Kingston Pike in Knoxville; (2) on Sept. 14, 2009, Thompson robbed the Kentucky Fried Chicken restaurant, located on North Cedar Bluff Road in Knoxville; (3) on Oct. 9, 2009, Thompson robbed the Chuck-E-Cheese restaurant, located on Kingston Pike, in Knoxville; (4) on Nov. 9, 2009, Thompson robbed the Pizza Hut restaurant, located on Kingston Pike, in Knoxville; (5) on Nov. 10, 2009, Thompson robbed the Hardee’s restaurant, located on Western Avenue, in Knoxville; (6) on Feb. 14, 2010, Thompson robbed the Captain D’s restaurant, located on Merchants Drive, in Knoxville; (7) on Jul. 21, 2010, Thompson robbed the Hardee’s restaurant, located on Chapman Highway, in Knoxville; (8) on Aug. 5, 2010, Thompson robbed the Kentucky Fried Chicken restaurant, located on North Broadway, in Knoxville; (9) on Oct. 17, 2010, Thompson robbed the Pizza Hut restaurant, located on Cedar Lane, in Knoxville; (10) on May 16, 2013, Thompson robbed the Wendy’s restaurant, located on Kingston Pike, in Knoxville; (11) on Sept. 3, 2013, Thompson robbed the Wendy’s restaurant, located on North Broadway, in Knoxville; (12) on Aug. 11, 2014, Thompson robbed the Petro’s Chili & Chips restaurant, located on Kingston Pike, in Knoxville; and (13) on Oct. 25, 2014, Thompson robbed the Subway restaurant, located on North Cedar Bluff Road in Knoxville.
U.S. Attorney William C. Killian said, “This individual thought he had avoiding detection of committing many serious violent crimes over the course of about five years, but the members of the FBI’s Safe Streets Task Force were determined to solve these cases and bring Thompson to justice. I commend their perseverance and dedication.”
FBI Special Agent in Charge, Knoxville Division, Edward Reinhold stated, “As this five year investigation demonstrates, memories will not fade and freedom is temporary for those who place our community in danger. The Knoxville Police Department and the Knox County Sheriff’s Office devote resources to the Safe Streets Task Force, acting as a force multiplier. The FBI will continue to pool resources and work jointly with city, county, and state law enforcement to ensure that violent crime does not go unchecked in East Tennessee.”
This case was the result of an investigation by the FBI Safe Streets Task Force, which consists of FBI Special Agents, Knox County Sheriff’s Deputies, and Knoxville Police Department Officers. Assistant U.S. Attorney Kelly A. Norris represented the United States.
Gorham Man Sentenced to Six Years in Prison for Receiving Child PornographyRead the Press Release
Contact: Craig M. Wolff
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced that John Whittenburg, 62, of Gorham, Maine, was sentenced today in U.S. District Court by Judge Nancy Torresen to six years in prison and six years of supervised release for receiving child pornography. Whittenburg pleaded guilty to the charge on November 21, 2014.
According to court records, in April 2012, investigators looking into the sharing of child pornography over the internet interviewed Whittenburg at his home in Buxton. Whittenburg admitted that he had downloaded child pornography and consented to a search of his residence. Investigators found numerous child pornography files stored on his electronic equipment, including a video file depicting a minor female engaged in sexual activity that he had downloaded in October 2011 using a peer-to-peer file-sharing program.
The investigation was conducted by the Maine State Police Computer Crimes Unit and the U.S. Secret Service.
Gardiner Man Sentenced to 3 Years for Pharmacy RobberyRead the Press Release
Contact: Julia M. Lipez
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced that Robert Richard, 26, of Gardiner, Maine, was sentenced today in U.S. District Court by Judge D. Brock Hornby to 3 years in prison followed by 3 years of supervised release and ordered to pay full restitution for pharmacy robbery. Richard pleaded guilty on October 21, 2014.
Court records reveal that on November 28, 2013 (Thanksgiving Day) Richard entered the Rite Aid pharmacy in Bridgton, Maine wearing a hooded sweatshirt, sunglasses, and a bandana, and handed the pharmacist a note reading, “All your oxycodone now!” The pharmacist handed Richard a bag containing oxycodone pills and Richard absconded in a car with a concealed license plate.
The investigation was conducted by the Federal Bureau of Investigation and the Bridgton Police Department, with additional assistance provided by the Augusta and Gardiner Police Departments, and the Kennebec and Androscoggin County Sheriff’s Departments.
Gallup Man Sentenced for Federal Involuntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Calvin Frank Joe, 41, an enrolled member of the Navajo Nation who resides in Gallup, N.M., was sentenced this morning to 42 months in federal prison followed by three years of supervised release for his involuntary manslaughter conviction.
Joe was arrested on Feb. 19, 2014, on an indictment charging him with second degree murder. The indictment alleged that Joe killed another Navajo man on the Navajo Indian Reservation in McKinley County, N.M., on April 18, 2013.
Joe pled guilty on Nov. 4, 2014, to a felony information charging him with involuntary manslaughter. In his plea agreement, Joe admitted assaulting the victim by striking, beating and wounding him, and acknowledged that the assault resulted in the victim’s death.
The case was investigated by the Gallup office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Kyle T. Nayback prosecuted the case.
Framingham Man Charged with Child PornographyRead the Press Release
BOSTON – A Framingham man was charged today in U.S. District Court in Boston with child pornography offenses.
Stephen John Hallissey, 37, was charged by criminal complaint with possession and receipt of child pornography. At the initial appearance in federal court before Magistrate Judge David H. Hennessy, Hallissey agreed to pretrial detention, and waived his right to a preliminary hearing, at which the government would have had to establish probable cause that Hallissey committed the two charged child pornography offenses.
The affidavit filed in support of the charges alleged that Hallissey was arrested after law enforcement officers executed a federal search warrant at his Framingham home. A preliminary review of Hallissey’s computer revealed over 10,000 images and videos of child pornography. According to the affidavit, Hallissey admitted to the law enforcement officers that on a weekly basis he downloads child pornography from the Internet to his computer, and uploads child pornography from his computer to websites featuring sexually explicit content of minors.
United States Attorney Carmen M. Ortiz and Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. The case is being prosecuted by Assistant United States Attorneys David G. Tobin and Seth Orkand of Ortiz’s Major Crimes Unit.
The case was investigated by the Federal Bureau of Investigation's Boston Child Exploitation Task Force (CETF), which is comprised of members from the FBI, the Boston Police Department Child Abuse and Human Trafficking Units, the Arlington, Malden and Norwood Police Departments, the Massachusetts Department of Correction, and the Massachusetts State Police, with additional assistance provided by the U.S. Postal Inspection Service.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by U.S. Attorneys’ Offices and the Department of Justice’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Fountain Inn Man Sentenced to 27 Months for Mail Theft ConspiracyRead the Press Release
Contact Person: Bill Watkins (864) 282-2100
Columbia, South Carolina ---- United States Attorney Bill Nettles stated today that Salathiel D. Harrison, age 38, of Fountain Inn, South Carolina, has been sentenced in federal court in Anderson, to conspiracy to steal mail, a violation of Title 18, United States Code, Section 371. Senior United States District G. Ross Anderson, Jr. of Anderson sentenced Harrison to 27 months imprisonment. He also ordered Harrison to pay restitution to the victims of his crime.
The evidence at the change of plea hearing established that Harrison recruited individuals to steal mail containing checks and credit cards. Using the stolen credit card numbers, Harrison ordered expensive items and directed his recruits to pick up merchandise at various stores. Harrison also used the stolen credit card numbers to rent rooms for his recruits to stay in while they were working for him in the criminal activity. Law enforcement was able to locate video of Harrison passing stolen checks and retrieving a golf cart that he had purchased with the stolen credit card. Law enforcement estimates that Harrison stole over $6000 in merchandise before he was apprehended.
The case was investigated by agents of the United States Postal Inspection Service and the Greenville County Sheriff’s Office. Assistant United States Attorney Bill Watkins of the Greenville office handled the case.#####
Fort Myers Man Sentenced to 20 Years for Possession of Child PornographyRead the Press Release
Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell yesterday sentenced Brian Robert Harling (58, Fort Myers) to 20 years in federal prison for possession of child pornography. The Court also ordered him to forfeit five thumb drives that he had used to store his collection of child pornography.
Harling was found guilty by a federal jury on December 3, 2014.
According to the testimony presented at trial, on July 4, 2013, a new tenant discovered three thumb drives belonging to Harling that had fallen from molding inside of a closet, at a condo where Harling previously had lived. Harling had moved from the condo on July 1, 2013. The tenant and her mother discovered child pornography on the thumb drives and contacted the police. On July 4, 2013, a Fort Myers Police officer met with the tenant to retrieve the located thumb drives, and located two additional thumb drives that had also been concealed on the ledge of the molding inside the closet. Ultimately, the police located approximately 3,000 images and approximately 35 videos depicting child pornography on these thumb drives.
"Unfortunately, every time a photo or a video of an innocent child being sexually exploited is viewed, that victim is violated again,” said Susan L. McCormick, special agent in charge of HSI Tampa. “We owe it to the children affected by these cases to work tirelessly to seek out these predators and ultimately bring them to justice.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Fort Myers Police Department, with assistance from the Florida Department of Law Enforcement, and the Cape Coral Police Department. It was prosecuted by Assistant United States Attorney Yolande G. Viacava.
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 United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), 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.
Former U.S. Coast Guard It Contractor Sentenced for Stealing Personal Information from ComputersRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that LARRY MATHEWS, 34, of Pawcatuck, Conn., was sentenced today by U.S. District Judge Robert N. Chatigny in Hartford to three years of probation for stealing personal information from hundreds of computers and personal electronic devices that had been brought to him for repair. Judge Chatigny also ordered that MATHEWS must spend the first four months of his probation on a 7:00 p.m. to 7:00 a.m. home curfew with electronic monitoring, perform 150 hours of community service and pay a fine of $5000.
According to court documents and statements made in court, MATHEWS was the proprietor of a computer repair business in Pawcatuck. Beginning in 2008, MATHEWS was also employed as a civilian contract employee for the U.S. Coast Guard as a computer “help desk” technician. On more than 250 occasions, for his own use, MATHEWS copied personal information and files from computers and personal electronic devices that had been brought to him for repair. The personal information and files included account names and passwords, and sexually-explicit photographs and videos.
The investigation revealed that MATHEWS shared the stolen personal information only with coworkers, one of whom reported the criminal activity to law enforcement in 2013.
On November 12, 2014, MATHEWS pleaded guilty to one count of computer intrusion in furtherance of a tortious invasion of privacy.
This case was investigated by the U.S. Coast Guard Investigative Service and was prosecuted by Assistant U.S. Attorneys Edward Chang and Carolyn Ikari.PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722 [email protected]Former Teacher Convicted of Receiving Child Pornography via the InternetRead the Press Release
McALLEN, Texas – Mission resident Jesus Javier Garza Jr., 30, has entered a plea of guilty to one count of receipt of child pornography, announced U.S. Attorney Kenneth Magidson. During the hearing today, Garza admitted he was mariachi director at a La Joya High School.
Garza came to the attention of law enforcement following an investigation which began Jan. 8, 2014, into persons using the Internet to traffic in child pornography. A Homeland Security Investigations (HSI) agent was able to locate and identify Garza as the owner of a computer as offering to participate in the distribution and receipt of child pornography movies through a peer-to-peer network.
Law enforcement executed a search warrant on Feb. 27, 2014, at Garza's Mission residence, at which time they seized a computer and various external storage media devices. The forensic examination revealed 189 movies and 302 images of clearly young children engaged in sexually explicit conduct. These movies and images included children under the age of 12 engaged in bondage and acts of violence. Some of the images are of known victims as identified through the National Center for Missing and Exploited Children.
Garza admitted he downloaded child pornography from the Internet, thereby receiving and possessing the child pornography found on his computer and external storage media.
Chief U.S. District Judge Ricardo Hinojosa, who accepted the guilty plea, has set sentencing for June 2, 2015. At that time, Garza faces up to 20 years in federal prison and a possible $250,000 fine. He will remain in custody pending that hearing.
The charges are the result of an investigation conducted by HSI.
This case, prosecuted by Assistant U.S. Attorneys (AUSA) Kimberly Leo and Kristen Rees and former AUSA Juan Villescas, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Former St. Clair County Sheriff Pleads Guilty to Stealing Recovered PropertyRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that the former sheriff of St. Clair County, Mo., pleaded guilty in federal court today to stealing property recovered in criminal cases and to selling a stolen firearm.
Ronald E. Snodgrass, 47, of El Dorado, Mo., pleaded guilty before U.S. District Judge M. Douglas Harpool to theft concerning programs receiving federal funds.
Snodgrass served three terms as the elected sheriff in St. Clair County, from Jan. 1, 2001, through Dec. 31, 2012. He lost his bid for reelection in 2012. During Snodgrass’s tenure, the St. Clair County Jail handled more than 100 federal inmates for a fee. This agreement with the U.S. Marshal Service provided St. Clair County with the majority of its income.
By pleading guilty today, Snodgrass admitted that he illegally took possession of a John Deere zero turn mower, which was recovered stolen property. The owner of the mower had reported it being stolen on Nov. 4, 2008, and received a payment of $13,638 from Chubb Insurance Company. The mower was recovered by the sheriff’s department on Aug. 14, 2009.
According to today’s plea agreement, the mower was in good condition and worth more than $5,000.
On Sept. 2, 2009, Snodgrass contacted Chubb Insurance and claimed the mower had a tow bill and storage fees of $525. At that time, the stolen mower was in the impound lot and was being held as evidence in a criminal case. There was no legal authority for Snodgrass to charge storage fees for items recovered as stolen property. Snodgrass told Chubb Insurance he would be interested in purchasing the mower in exchange for taking care of the tow bill, storage fees and payment of $500 to Chubb.
On Sept. 3, 2009, Snodgrass contacted Chubb Insurance and said he would like to purchase the mower. At that time, the insurance company informed him that the mower would have to be assessed for salvage. On the same day, Snodgrass contacted Chubb Insurance again and claimed the tow and storage bill of the mower was now “over $600”; he offered to take care of the tow, storage bill fees and pay Chubb Insurance an additional $500 for the stolen mower. Chubb Insurance accepted the offer from Snodgrass.
Snodgrass admitted today that there were never any storage fees. Under state law, any unclaimed property should have been sold at a sheriff’s auction. Instead of disposing of the mower through a public sale or auction, Snodgrass kept the mower for his personal use on his farm.
Under the terms of today’s plea agreement, Snodgrass must forfeit the John Deere mower and a 2009 Polaris Ranger UTV to the government. The July 22, 2014, federal indictment alleges that Snodgrass illegally obtained the Polaris Ranger on Sept. 29, 2012.
Under federal statutes, Snodgrass is subject to a sentence of up to 10 years in federal prison without parole, plus a fine up to $250,000. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Abram McGull, II. It was investigated by the FBI, the Missouri State Highway Patrol and the St. Clair, Mo., Sheriff’s Department.
Former Reserve Airman Sentenced for Theft of Government Property and Burglarizing a Del Rio PharmacyRead the Press Release
In Del Rio today, 21-year-old Simon Robert Barron, a former reserve U.S. Airman temporarily assigned to Laughlin Air Force Base, was sentenced to two concurrent 21-month imprisonment terms for stealing Government property and burglary of a pharmacy announced Acting United States Attorney Richard L. Durbin, Jr.
In addition to the prison sentences, United States District Judge Alia Moses ordered that Barron pay $3,980.11 in restitution and be placed on supervised release for a period of three years after completing his prison term.
On February 20, 2014, Barron pleaded guilty to the indictment. According to court records, on May 20, 2013, Barron attempted to purchase cough syrup at the LifeChek Pharmacy located on North Bedell Avenue, but was turned away for not having a prescription. That evening, Barron returned to the pharmacy where he used a rock to smash a window, entered the pharmacy, and then stole an assortment of narcotics with a retail value of more than $63,000. Two days later, while at Laughlin AFB, Barron was ordered to undergo a medical evaluation after he appeared intoxicated. A urinalysis revealed the presence of marijuana, Xanax, cocaine, codeine, and several opiates in his system. During a subsequent search authorization, issued by a military magistrate and executed at the Barron’s barracks room, Air Force OSI investigators discovered over 6,300 pills and liquid narcotics stolen from the LifeChek pharmacy along with stolen Government property including seven GPS units, two digital cameras, a power drill, an LED flashlight and a Motorola Radio Base Station. Authorities also recovered an Air Force air compressor from Barron’s vehicle and a Government chainsaw Barron pawned at a local pawn shop on the day of the pharmacy burglary.
This investigation was conducted by agents with the Air Force Office of Special Investigations together with the Del Rio Police Department. Assistant United States Attorneys Patrick Burke and Matthew Watters prosecuted this case on behalf of the Government.
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Former Kirkland Residents Sentenced to Prison for Hash Oil ExplosionRead the Press Release
Two men whose hash oil manufacturing operation exploded on New Year’s Day 2014, were sentenced today in U.S. District Court in Seattle to federal prison terms, announced Acting United States Attorney Annette L. Hayes. ROBBY WAYNE MEISER, 46, was sentenced to 30 months in prison and three years of supervised release, and BRUCE W. MARK, 62, was sentenced to 18 months in prison and three years of supervised release. The men were ordered to pay over $97,000 in restitution for damage to the apartment building. U.S. District Judge John C. Coughenour imposed the sentences.
“Hash oil manufacturing, and resulting explosions, are a growing and serious problem in Western Washington and elsewhere in the country,” said Acting United States Attorney Annette L. Hayes. “The materials and processes used to produce this product are dangerous and should never be used where they risk explosions or other serious harm. Those who put lives and property at risk will be prosecuted and punished.”
According to records filed in the case, on January 1, 2014, Kirkland Fire Department units responded to reports of an explosion and fire at the Inglenook Apartments on 142nd Street in Kirkland. Both defendants suffered burns in the explosion. Butane gas used in the manufacturing of hash oil exploded and blew out windows on the structure, expelling debris some 25 feet away. The north wall of the apartment was displaced outward approximately 6 – 8 inches by the blast, and the roof was disconnected from the wall. The fire department condemned parts of the building due to structural concerns. Officers found thirteen empty 8 ounce butane cans, and a box of twenty-four full 8 ounce cans in the apartment, together with a marijuana grow and other implements used to make hash oil.
When the defendants were arrested in July 2014, investigators found a second marijuana grow at the home they occupied in the Green Lake neighborhood of Seattle, as well as a small amount of butane used in hash oil manufacturing. In November 2014 the defendants pleaded guilty to Endangering Human Life While Manufacturing Controlled Substances.
Federal charges have been filed in connection with four other hash oil operations – three of them resulting in explosions and fires. In one of the cases from Bellevue, Washington, an apartment resident was injured trying to escape the flames and later died following complications from her hospitalization. The defendants in that case will be sentenced later this year.
The cases were investigated by multiple local and federal agencies including: the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), the U.S. Marshals Service, the Bellevue Police Department, the Seattle Police Department, and the Kirkland Police Department.
The cases are being prosecuted by Assistant United States Attorneys Todd Greenberg and Vince Lombardi.
Press contact for the U.S. Attorney’s Office is Public Affairs Officer Emily Langlie at (206) 553-4110 or [email protected].Former Kirkland Residents Sentenced to Prison for Hash Oil ExplosionRead the Press Release
Two men whose hash oil manufacturing operation exploded on New Year’s Day 2014, were sentenced today in U.S. District Court in Seattle to federal prison terms, announced Acting United States Attorney Annette L. Hayes. ROBBY WAYNE MEISER, 46, was sentenced to 30 months in prison and three years of supervised release, and BRUCE W. MARK, 62, was sentenced to 18 months in prison and three years of supervised release. The men were ordered to pay over $97,000 in restitution for damage to the apartment building. U.S. District Judge John C. Coughenour imposed the sentences.
“Hash oil manufacturing, and resulting explosions, is a growing and serious problem in Western Washington and elsewhere in the country”, said Acting United States Attorney Annette L. Hayes. “As more states decriminalize marijuana, people such as these defendants are creating danger as they seek to manufacture a stronger product. It is important to send a public message that those who go too far and put lives at risk will be prosecuted and punished.”
According to records filed in the case, on January 1, 2014, Kirkland Fire Department units responded to reports of an explosion and fire at the Inglenook Apartments on 142nd Street in Kirkland. Both defendants suffered burns in the explosion. Butane gas used in the manufacturing of hash oil exploded and blew out windows on the structure, expelling debris some 25 feet away. The north wall of the apartment was displaced outward approximately 6 – 8 inches by the blast, and the roof was disconnected from that wall. On the inside, large gaps were seen between the ceiling and interior walls, and one interior wall had been moved about 10 inches. The sliding glass doors and frame were blown outward, away from the structure. The fire department condemned parts of the building due to structural concerns. Officers found thirteen empty 8 ounce butane cans, and a box of twenty-four full 8 ounce cans in the apartment, together with a marijuana grow and other implements used to make hash oil.
When the men were arrested in July 2014, investigators found a second marijuana grow at the home they occupied in the Green Lake neighborhood of Seattle, as well as a small amount of butane used in hash oil manufacturing. In November 2014 the men pleaded guilty to Endangering Human Life While Manufacturing Controlled Substances.
Federal charges have been filed in connection with four other hash oil operations – three of them resulting in explosions and fire. In one of the cases from Bellevue, Washington, an apartment resident was injured trying to escape the flames and later died following complications from her hospitalization. The defendants in that case are to be sentenced later this year.
The cases were investigated by multiple local and federal agencies including: the Drug Enforcement Administration (DEA), Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), the U.S. Marshals Service, the Bellevue Police Department, the Seattle Police Department, and the Kirkland Police Department.
The cases are being prosecuted by Assistant United States Attorneys Todd Greenberg and Vince Lombardi.
Press contact for the U.S. Attorney’s Office is Public Affairs Officer Emily Langlie at (206) 553-4110 or [email protected].Former Fort Gordan Resident Sentenced to over 5 Years in Prison and 30 Years of Supervised Release for Abusive Release for Abusive Sexual Contact with A ChildRead the Press Release
AUGUSTA, GA: David Dean Erskine, 43, most recently having lived at Fort Gordon Military Base, was sentenced today by United States District Court Judge J. Randal Hall to 63 months in prison, followed by 30 years of supervised release, for the abusive sexual contact with a minor. Erskine pled guilty to the charge in October 2014. Erskine, who was detained following his February 2014 arrest, was returned to custody at the conclusion of the sentencing hearing.
The evidence at Erskine’s guilty plea and sentencing hearings showed that, while the six-year-old daughter of a military member was visiting another residence on Fort Gordon military base in the Fall of 2013, Erskine, who was living in that residence at the time, exposed his penis to the girl, and asked her to touch it. When questioned about the accusation, Erskine admitted the conduct. The investigation arose out of comments made by the girl to a relative, who reported the information to the girl’s mother. The mother then contacted Army Criminal Investigation Division (CID) who undertook a forensic interview of the girl, and interviewed several other individuals, including Erskine. It was later learned that Erskine engaged in the same type of behavior on at least two other occasions.
The FBI’s Cyber Crime/Child Exploitation Task Force (CCCX) also assisted with the investigation. The case was brought as part of Project Safe Childhood, which is a nationwide U.S. Department of Justice initiative designed to protect children from exploitation and abuse. Led by the United States Attorney’s Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims.
Assistant United States Attorney Nancy Greenwood, Deputy Criminal Chief in the Augusta U. S. Attorney’s Branch Office, prosecuted the case on behalf of the United States. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.Former Employee Sentenced for Embezzling More Than $1 Million from His CompanyRead the Press Release
ATLANTA - DeMarco Doxie has been sentenced to four years and five months in prison for his theft of more than $1 million from his former employer, Ennis Paint (currently known as Ennis-Flint).
“The defendant manipulated, lied to, stole from, and violated the trust of his employer. He created a fictitious company to bill Ennis for environmental and safety compliance work that his made-up company never performed, and then used a significant portion of the stolen money to upgrade and remodel his home,” said Acting U.S. Attorney John Horn.
J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office, stated: “Extensive white collar based fraudulent schemes can, over time, add up to significant loss amounts for the victim companies, as seen in this case. Mr. Doxie, the defendant in this matter, displayed extensive disregard for his employer and will now be held accountable for his criminal conduct.”
“In addition to stealing from his employer, Mr. Doxie concealed the income and failed to pay taxes on it,” stated IRS Criminal Investigation, Special Agent in Charge, Veronica F. Hyman-Pillot. “Individuals who line their pockets with profits from fraudulent schemes should know the money is taxable and you will be held accountable."
According to Acting U.S. Attorney Horn, the charges and other information presented in court: Doxie was the former Corporate Environmental Health & Safety Manager for Ennis Paint. Ennis, headquartered in Dallas, Texas, manufactures and sells a variety of road marking and pavement surface treatments. Ennis maintains a facility in Atlanta, Georgia, where Doxie worked.
During more than four years of his employment, from June 2007 through August 2011, Doxie used a sham business that he created and owned – Outlook Environmental & Safety Solutions, LLC (Outlook) – as his main vehicle to systematically embezzle large sums of money from Ennis.
Beginning in June 2007, Doxie began creating fictitious invoices for environmental work that Outlook had supposedly performed for Ennis Paint, when Doxie was well aware that Outlook had not performed any such work and had no employees. Ennis Paint was never informed by Doxie that he was the actual owner of Outlook while Doxie was submitting fraudulent invoices to Ennis Paint for payment to Outlook, and would never have paid the invoices had it known.
Doxie also defrauded Ennis by using an American Express Corporate Card issued by Ennis Paint that was supposed to be used for Ennis expenses. Doxie used the American Express company credit card to make payments to Outlook even though Outlook had not performed any work for Ennis. Ennis Paint paid the monthly bill on Doxie's American Express card. Ennis Paint would not have approved the payments if it knew that Doxie was the true owner of Outlook, a fact that Doxie intentionally concealed from Ennis. Doxie also paid for some of his personal expenses using his Ennis-issued credit cards in 2011. In total, Doxie stole more than $1 million from Ennis paint as a result of his fraudulent schemes. Additionally, Doxie was convicted of filing false tax returns, because he under-reported his actual income to the IRS for tax years 2008, 2009, 2010, and 2011 by failing to include the income that he had received from the fraud. As a result, Doxie underpaid his taxes by nearly $300,000.
Doxie, 44, of South Bend, Indiana, was sentenced to four years, five months in prison to be followed by three years of supervised release, and ordered to pay restitution in the amount of $1,008,417.49 to Ennis Paint and $299,750 in restitution to the IRS. Doxie was convicted of these charges on September 29, 2014, after he pleaded guilty to all the charges in the indictment.
This case was investigated by the Federal Bureau of Investigation and Internal Revenue Service Criminal Investigation.
Assistant U.S. Attorneys Glenn D. Baker and Jamie L. Mickelson 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/.
Former Brunswick Man Sentenced to Almost 17 Years on Drug ChargeRead the Press Release
Contact: Darcie N. McElwee
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced that Garry Collins, 46, formerly of Brunswick, Maine, was sentenced on February 26, 2015 in U.S. District Court by Judge D. Brock Hornby to 200 months in prison and eight years of supervised release for possessing with intent to distribute more than 28 grams of cocaine base, or crack cocaine. Collins pleaded guilty on October 1, 2014.
According to evidence presented at the plea and sentencing hearings, on June 3, 2013, Collins and others packaged crack cocaine for distribution at a Portland hotel. The next day, he was found by Portland Police officers with just under 60 grams of crack cocaine and arrested.
Based on prior convictions for drug trafficking and criminal threatening with a dangerous weapon, Collins was subject to an enhanced sentence as a career offender.
The investigation was conducted by the Portland Police Department, the Maine Drug Enforcement Agency and the Federal Bureau of Investigation.
Flint Man Sentenced on Federal Drug ChargesRead the Press Release
Department of Justice
Office of Public AffairsTYLER, Texas - U.S. Attorney John M. Bales announced today that a Flint man has been sentenced to federal prison for his involvement in a drug conspiracy in the Eastern District of Texas.
Isaac Dion Smith, also known as “Ike”, 34, of Flint, Texas, was sentenced to 144 months in prison today by United States District Judge Michael H. Schneider. Smith had entered a guilty plea on October 14, 2014, on charges he conspired with others to distribute methamphetamine and heroin.
According to information presented in court, Smith, along with his co-defendants, distributed drugs including methamphetamine and heroin in the north Tyler, Texas area. Firearms were also bartered and sold by the group. The group was supplied by sources primarily in the Dallas, Texas area.
Smith and 12 co-defendants were indicted on a 23-count indictment by a federal grand jury on April 23, 2014. To date, his co-defendants have been sentenced as follows:
Desirae Dewberry, 34, of Longview, was sentenced on January 16, 2015, to 60 months; Deidra Duran, 22, of Mineola, was sentenced on January 16, 2015, to 32 months; Jacob Durst, also known as "Bubba" and "Chucky", 23, of Tyler, was sentenced on January 22, 2015, to 72 months; Victor Grant, also known as "Vic", 23, of Tyler, was sentenced on December 3, 2014, to 66 months; Keith Kimbrough, 47, of Huntsville, Alabama, was sentenced on January 16, 2015, to 24 months; Hannah McCartney Manziel, 25, of Lindale, was sentenced on January 15, 2015, to 32 months; Sabrina Tutt, also known as "Taylor Breeze" and "Breezy", 35, of Tennessee Colony, was sentenced on January 16, 2015, to 32 months; and Cedric Williams, also known as "Ced", 34, of Tyler, was sentenced on January 15, 2015, to 36 months.
Additionally, Smith and codefendants agreed to forfeit multiple firearms and money judgments totaling $18,000.00 to the United States.
This case was investigated by the Smith County Sheriff’s Department, Tyler Police Department, the Drug Enforcement Administration (DEA), and the Bureau of Alcohol, Tobacco and Firearms (ATF), and it was prosecuted by Assistant United States Attorney Bill Baldwin.
Federal Jury Convicts Roseville Woman for Her Role in A Bank Fraud and Identity Theft SchemeRead the Press Release
SACRAMENTO, Calif. — On Monday evening, a federal jury found Rachel Siders, 39, of Roseville, guilty of bank fraud, making a false loan application, and committing aggravated identity theft, United States Attorney Benjamin B. Wagner announced. Siders’ week-long trial was held before United States District Judge John A. Mendez.
According to evidence presented at trial, in 2008 Siders and co-defendant Theo Adams applied for a home equity line of credit in the name of Adams’ relative on an underwater property owned by Adams in Roseville. As part of the false loan application, Siders and Adams submitted false tax returns for the relative with significantly inflated income. Siders and Adams also submitted mortgage application documents with forged signatures. Siders, a notary public at the time of the crime, falsely notarized the loan application documents, which were sent to Washington Mutual Bank as part of the mortgage application. Washington Mutual Bank relied upon the falsely notarized documents and the false tax returns in deciding to provide a $250,000 line of credit. Siders received $170,000 of the proceeds and Adams received the rest. They made minimal payments on the line of credit and the loan defaulted. Siders’ counts of conviction all relate to this transaction. The jury was unable to reach a verdict on counts relating to a second charged transaction.
This case was the product of an investigation by the Internal Revenue Service-Criminal Investigation and the Federal Bureau of Investigation. Assistant United States Attorneys Matthew D. Segal, Christiaan H. Highsmith, and Michele Beckwith are prosecuting the case.
Siders is scheduled to be sentenced by Judge Mendez on June 9, 2015. She faces a maximum statutory penalty of 30 years in prison and a $1,000,000 fine on the bank fraud charge, 30 years in prison and a $1,000,000 fine on the false loan application charge, and two years in prison and a $250,000 fine on the aggravated identity theft charge. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. Theo Adams pleaded guilty on September 3, 2013, and has yet to be sentenced.
Elkins man charged with possession of stolen explosivesRead the Press Release
CLARKSBURG, WEST VIRGINIA – A federal grand jury returned an indictment today charging Jonathon Schrader, 30, of Elkins, West Virginia, with possession of stolen explosives, United States Attorney William J. Ihlenfeld, II, announced.
Schrader, also known as "Hobo John," was discovered in possession of stolen explosives in Randolph County, West Virginia in February 2015. He allegedly planned to detonate explosives at various locations in Elkins, including at the Federal Building and during a musical performance at the Forest Festival.
Schrader is charged with one count of "Possession of Stolen Explosives" after he was discovered in possession of stolen explosives in Randolph County, West Virginia in February 2015. Schrader faces up to 10 years in prison and a fine of up to $250,000.00. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Paul Camilletti is prosecuting the case on behalf of the government. The Federal Bureau of Investigation is leading the investigation. The West Virginia State Police, Randolph County Sheriff’s Office, United States Marshals Service, Federal Protective Services, Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Homeland Security, and the United States Secret Service are also investigating.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
El Paso Man Sentenced to 46 Months for Methamphetamine Trafficking Conviction in New MexicoRead the Press Release
ALBQUERQUE – Alejandro Carrillo, 38, of El Paso, Texas, was sentenced today in federal court in Las Cruces, N.M., to 46 months in prison followed by two years of supervised release for his methamphetamine trafficking conviction.
Carrillo was arrested on April 23, 2014, after a search by U.S. Border Patrol agents revealed that Carrillo had concealed bundles of methamphetamine in his tractor-trailer during a routine traffic stop on Interstate 25 near mile marker 14 in Doña Ana County, N.M. Carrillo was subsequently indicted on July 16, 2014, and charged with possession of methamphetamine with intent to distribute.
Carrillo entered a guilty plea to the indictment on Sept. 18, 2014, and admitted that on April 23, 2014, he possessed approximately 4.28 kilograms of methamphetamine which he picked up from an individual in El Paso, Texas, and was transporting to another individual in Denver, Colo. Carrillo also admitted that he was to be paid $4,000.00 for a successful delivery of the methamphetamine.
This case was investigated by the Las Cruces Homeland Security Investigations, the U.S. Border Patrol and the New Mexico Department of Public Safety. Assistant U.S. Attorney Edwin Garreth Winstead prosecuted the case.
Dubuque Duo Headed to Federal Prison for Meth FireRead the Press Release
Two Dubuque men who were responsible for an apartment fire caused by a failed methamphetamine cook were each sentenced today to lengthy stays in federal prison.
John Starks Sr., age 47, will spend 16 years in federal prison after his June 26, 2014 guilty plea to conspiracy to manufacture methamphetamine near a school. Casey Duhme, age 25, will serve almost 9 years in federal prison after his June 25, 2014 guilty plea to the same offense.
Sentencing documents and statements made at the sentencing hearings reflect that Starks and Duhme were both involved in attempting to manufacture methamphetamine in Starks’s apartment on White Street in Dubuque, in the early morning hours of February 20, 2014. The apartment was part of a multi-family apartment building, and was located directly across the street from an elementary school. Duhme and Starks each provided pseudoephedrine pills for the attempted manufacture of methamphetamine. Duhme purchased some of the pills himself and received additional pills from a friend. Starks received pills from multiple people, including his wife and adult son. Starks also directed an autistic individual—who did not understand the criminal nature of his actions—to purchase pills for Starks.
Their attempt to make methamphetamine caused a fire to erupt in the apartment. Starks, Duhme, and Starks’s wife fled the apartment. No one called 911 or alerted anyone about the fire. Just minutes after the trio left the apartment, a police officer doing routine patrol noticed smoke coming out of the building. The officer evacuated the other tenants just moments before the roof of the entire building collapsed. Due to fire and smoke damage, the entire building was rendered unsuitable for living. Multiple tenants suffered property loss and were left without a home. One tenant was treated at a hospital for smoke inhalation.
Starks and Duhme were sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Starks was sentenced to 192 months’ imprisonment. Duhme was sentenced to 105 months’ imprisonment. Each defendant was required to pay a $100 special assessment and must serve a six-year term of supervised released following their prison terms. Starks and Duhme were ordered to make $322,281 in restitution to victims of the offense, including the owner of the building, other tenants, and an insurance company. There is no parole in the federal system.
Starks and Duhme are being held in the United States Marshal’s custody until they can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Justin Lightfoot and investigated by the Dubuque Police Department, the Dubuque Fire Department, and the Dubuque Drug Task Force, which consists of the Dubuque Police Department and the Dubuque County Sheriff’s Department.
Court file information is available at https://ecf.iand.uscourts.gov/ cgi-bin/login.pl. The case file number is 14-cr-1009.
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District Man Sentenced to 22 ½ Years in Prison for Obstruction of Justice and Related Charges Following Home Invasion Defendant Sought to Destroy EvidenceRead the Press Release
WASHINGTON – Darnell Mason, 22, of Washington, D.C., has been sentenced to 22 ½ years in prison for obstruction of justice and related charges in connection with actions he took following an armed home invasion, U.S. Attorney Ronald C. Machen Jr. announced.
Mason was found guilty by a jury of obstruction of justice, tampering with physical evidence, and other charges in December 2014, following a trial in the Superior Court of the District of Columbia. He was sentenced on Feb. 27, 2015 by the Honorable William M. Jackson. Following his prison term, Mason will be placed on five years of supervised release.
According to the government’s evidence at trial, a group of men, who were wearing ski masks, carried out the home invasion at about 2:30 a.m. on Oct. 3, 2013. They saw a taxicab dropping off the victim in the 5700 block of Blaine Street NE. They followed the victim into his home. Once inside, they held the victim, the victim’s fiancé, and the victim’s mother at gunpoint for approximately 40 minutes while they ransacked the home and stole various items. Those items included cash, electronics, and the fiancé’s engagement ring, which the fiancé unsuccessfully tried to hide from the defendants during the burglary.
The men left the home in two vehicles that belonged to the victims and deposited the proceeds from the burglary inside of a vacant home on Raleigh Street SE. Worried that the police might recover fingerprints from the vehicles they had stolen, the men then drove the vehicles into a field adjacent to an elementary school on Alabama Avenue SE, set the vehicles on fire, and retreated on foot to the vacant home on Raleigh Street SE.
One of the men was wearing a GPS tracking device in connection with his supervised release in an unrelated robbery case. Members of the Metropolitan Police Department (MPD) used data generated by that device to track the men to the home on Raleigh Street SE. The police barricaded the residence and ultimately arrested a group of men, including Mason, in or near the residence. The police also recovered most of the proceeds of the burglary, along with several ski masks, from the Raleigh Street home. The police did not recover the engagement ring.
The government’s evidence at trial showed that Mason, while incarcerated at the District of Columbia Jail, called an associate on two occasions and, using veiled language, instructed the associate to return to the attic of the Raleigh Street SE home and recover the gun that was used to commit the home invasion at Blaine Street NE. Despite repeated searches of the Raleigh Street SE residence by the police, that gun was never found.
After a four-week trial, the jury convicted Mason of multiple counts of destruction of property and tampering with physical evidence, in connection with the destruction of the victims’ vehicles. The jury also convicted Mason of two counts of obstruction of justice, in connection with Mason’s phone calls from jail. And the jury convicted Mason of unlawful entry, in connection with Mason’s hiding out in the Raleigh Street SE home. The jury was unable to reach a verdict, however, on the charges against Mason for the home invasion itself.
Two co-defendants earlier pled guilty to charges in the case.
In announcing the sentence, U.S. Attorney Machen praised the work of the detectives and officers who investigated the case for the Metropolitan Police Department. He also acknowledged the efforts of those who worked on the case for the U.S. Attorney’s Office, including Paralegals Richard Cheatham and Antoinette Sakamsa, Litigation Technology Specialists Aneela Bhatia and Leif Hickling, Victim/Witness Advocates Jim Brennan and Jennifer Clark, and former intern Harris Davidson. Finally, he commended Assistant U.S. Attorneys Ben Schrader and Karen Seifert, who investigated and prosecuted the case.
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Deming Man Sentenced to Ten Years for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Matthew Peña, 29, of Deming, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to ten years in prison followed by four years of supervised release for his methamphetamine trafficking conviction.
Peña was arrested on Jan. 27, 2014, in Deming, N.M., on a two-count indictment charging him and co-defendants Rebecca Torres, 41, Anthony Perez, 40, both of Deming, N.M., and Robert Snow, now deceased, with distributing methamphetamine. Count 1 of the indictment charged Peña and Torres with distributing methamphetamine in Doña Ana County, N.M., on June 18, 2013, and Count 2 charged Peña, Snow and Perez with distribution of methamphetamine in Luna County, N.M., on July 3, 2013.
Peña and Perez both pled guilty to the indictment on May 14, 2014, without the benefit of plea agreements. Torres entered a guilty plea on April 18, 2014, and was sentenced on Aug. 28, 2014, to 10 months in federal prison. Perez remains detained pending his sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the FBI and the New Mexico HIDTA Regional Interagency Drug Task Force (RIDTF)/Metro Narcotics Task Force. Assistant U.S. Attorneys Maria Y. Armijo and Anna R. Wright of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
The HIDTA Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department and the Doña Ana County Sheriff’s Office. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Defendant from United Kingdom Extradited for Providing Material Support to and Receiving Military Training from Al Qaeda in the Arabian PeninsulaRead the Press Release
Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Preet Bharara for the Southern District of New York and Assistant Director-in-Charge Andrew G. McCabe of the FBI’s Washington, D.C. Office announced today the extradition of Minh Quang Pham, aka “Amin,” from the United Kingdom. Pham, a Vietnamese national, was indicted in 2012 on charges of providing material support to, and receiving military training from, al Qaeda in the Arabian Peninsula (AQAP), a designated foreign terrorist organization, as well as possessing and using a firearm in furtherance of crimes of violence, and other violations. Pham was presented yesterday before U.S. Magistrate Judge Andrew J. Peck, and will be arraigned tomorrow, March 4, 2015, before U.S. District Judge Alison J. Nathan.
“As alleged, Minh Quang Pham surreptitiously traveled from the UK to Yemen in late 2010 and received terrorist training by AQAP,” said U.S. Attorney Bharara. “During the half year he spent in Yemen, Pham allegedly vowed to wage jihad, swore bayat, and provided material support to high-level AQAP members, almost always brandishing a Kalashnikov rifle. Through the vigilance and investigative efforts of our British partners and the FBI, Pham is now in the U.S. to face American justice.”
“Today’s material support charges outline that Minh Quang Pham received military-style training and possessed weapons to commit crimes of violence on behalf of al Qaeda in the Arabian Peninsula,” said Assistant Director in Charge McCabe. “This investigation and subsequent extradition of Pham from the UK speaks to the level of commitment of the FBI and our national and international law enforcement and intelligence community partners to bring this dangerous terrorist to face justice in the United States."
According to the Indictment and extradition-related filings:
In December 2010, after informing his wife that he planned to travel to Ireland, Pham traveled from the United Kingdom, where he resided, to Yemen, the principal base of operations for AQAP. AQAP was designated by the U.S. Department of State as a foreign terrorist organization in January 2010 based, in part, on its claims of responsibility for attempted terrorist attacks against the United States. For example, AQAP claimed responsibility for the attempted Christmas Day bombing of a Detroit-bound passenger plane from Europe in 2009. Further, AQAP later claimed responsibility for an October 2010 plot to send explosive-laden packages on U.S.-bound cargo flights.
While in Yemen, Pham met a person who later became a cooperating witness for the United States (CW-1). CW-1 knew Pham as “Amin,” and met face-to-face with him at several AQAP safehouses in Yemen during March and April 2011. According to CW-1, CW-1 first learned about Pham via email correspondence with a now deceased United States citizen, who was a prominent AQAP member (American CC-1). CW-1 first met Pham at an AQAP safehouse in Yemen in or about March 2011, where CW-1 observed Pham carrying a Kalashnikov assault rifle. CW-1 stated that he observed Pham carrying the assault rifle throughout almost all of his interactions with Pham in Yemen. In conversations with CW-1, Pham told CW-1 that he had been trained in the use of the Kalashnikov assault rifle by AQAP while in Yemen. Further, Pham told CW-1 that he (Pham) had traveled to Yemen in order to join AQAP, to wage jihad on behalf of AQAP and to martyr himself for AQAP’s cause. Pham also told CW-1 that he (Pham) had sworn bayat in the presence of an AQAP commander prior to leaving Yemen.
CW-1 also witnessed Pham’s interactions with American CC-1 and a second United States citizen (American CC-2), also now deceased, who was also a prominent AQAP member. CW-1 observed PHAM working closely with American CC-1, who was responsible for editing and publishing Inspire magazine – an English-language publication used by AQAP to distribute propaganda and recruit individuals from Western cultures to join and/or support AQAP. In or about October 2010, AQAP released the second issue of Inspire magazine, which included a feature article entitled “I Am Proud to be a Traitor to America,” written by American CC-2. In addition, Pham told CW-1 that Pham was working with American CC-1 and that he (Pham) had spent time at no fewer than three AQAP safehouses. During CW-1’s time at the AQAP safehouses where Pham had also been, CW-1 also spoke with American CC-1 and American CC-2 about Pham and understood from them that Pham was providing valuable assistance to American CC-1 in connection with the production and editing of Inspire magazine.
On July 27, 2011, Pham returned to the United Kingdom. Upon his arrival at London’s Heathrow International Airport, United Kingdom authorities detained and searched Pham. Materials recovered from Pham at this time corroborate CW-1’s account of CW-1’s interactions with Pham while in Yemen. For example, CW-1 stated that, while in Yemen, CW-1 personally exchanged various electronic documents with Pham – and Pham was found in possession of various electronic media that contained computer files forensically identical to those possessed by CW-1. In addition, CW-1 reported that Pham almost always carried a Kalashnikov in Yemen – and upon his arrival in the United Kingdom from Yemen, Pham was found to be in possession of a live round of .762 caliber armor-piercing ammunition, which is consistent with ammunition that is used in a Kalashnikov assault rifle.
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The indictment charges Pham with five separate counts: one count of conspiracy to provide material support to AQAP; one count of providing material support to AQAP; one count of conspiracy to receive military-type training from AQAP; one count of receiving military-type training from AQAP; and one count of using, carrying, and possession of a firearm (machine gun) in furtherance of crimes of violence (counts one though four).
If convicted on all counts, Pham faces a maximum sentence of life in prison, with a mandatory minimum sentence of 40 years in prison. The maximum sentences for each of the charges are reflected in the attached chart. 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.
Pham, 32, was arrested in the United Kingdom on June 29, 2012, pursuant to a provisional arrest warrant issued by U.K. authorities pursuant to a request from the United States. Since that time, Pham has challenged his extradition to the United States. On Feb. 3, 2015, a court in the United Kingdom denied Pham’s challenge, and ordered him extradited to the United States. Pham arrived in the Southern District of New York on Feb. 26, 2015.
Assistant Attorney General Carlin joined U.S. Attorney Bharara in praising the extraordinary investigative work of the FBI’s Washington Field Office. He also expressed his gratitude to the New York Joint Terrorism Task Force – which principally consists of agents from the FBI and detectives from the New York City Police Department – for the critical role it played in the investigation. In addition, Assistant Attorney General Carlin and U.S. Attorney Bharara thanked the Department of Defense, and the British authorities, including New Scotland Yard and the Crown Prosecution Service, for their cooperation in the investigation. Finally, he expressed thanks for the invaluable work of the Office of International Affairs in pursuing Pham’s extradition from the United Kingdom.
This case is being handled by the Terrorism and International Narcotics Unit of the U.S. Attorney’s Office for the Southern District of New York. Assistant U.S. Attorneys Anna M. Skotko, Sean S. Buckley and Ian McGinley are in charge of the prosecution.
The charges contained in the Indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty.
Dallas Man Faces up to 10 Years in Federal Prison for Transporting Woman from Oklahoma to Texas to Engage in ProstitutionRead the Press Release
DALLAS — Justin Dishon Brathwaite, 27, of Dallas, Texas, appeared in federal court today before U.S. Magistrate Judge Renee Harris Toliver and pleaded guilty to one count of transportation of individuals to engage in prostitution, announced John Parker, Acting U.S. Attorney for the Northern District of Texas.
Brathwaite, who remains on bond, faces a maximum statutory penalty of 10 years in federal prison and a $250,000 fine. Sentencing is set for June 17, 2015, before U.S. District Judge Barbara M. G. Lynn.
According to documents filed in the case, in early May 2012, Brathwaite called 19-year-old “Jane Doe,” after seeing her on Backpage.com in Oklahoma City. Jane Doe and Brathwaite spoke on the phone for about two weeks, and Brathwaite invited her to come to Dallas to live with him. He promised to take care of her if she moved to Dallas to be with him and told her she should stop engaging in commercial sex acts. Jane Doe agreed to the move.
On May 12, 2012, Brathwaite drove from Dallas to Oklahoma City, picked up Jane Doe and returned to Dallas. Once they arrived in Dallas, Brathwaite told her she needed to begin immediately to make money for him, or he would drop her off somewhere and leave her. Jane Doe eventually agreed to work at a strip club and engage in commercial sex acts. Brathwaite posted ads featuring her on Backpage.com, and he made Jane Doe give him all of the proceeds from her commercial sex acts. Brathwaite took Jane Doe to various cities in Texas, including Denton, Killeen, Houston and Austin.
On June 12, 2012, the Dallas Police Department’s vice unit encountered Jane Doe in a hotel room in Dallas and arrested her for prostitution. The investigation led to Brathwaite’s involvement in her commercial sex acts.
The FBI investigated. Assistant U.S. Attorney Cara Foos Pierce is prosecuting.
Criminal Alien Sentenced to PrisonRead the Press Release
A Mexican man who unlawfully re-entered the United States after having been deported following his 2010 Tama County, Iowa, convictions for child endangerment and domestic abuse assault with a dangerous weapon, was sentenced today to serve 41 months in federal prison.
Luciano Garcia-Corona, 37, from Mexico, and most recently a resident of 430 Mesqwaki Road, Tama, Iowa, received the prison term after having pleaded guilty on November 21, 2014, to one count of unlawful re-entry following deportation as an aggravated felon, and one count of unlawful possession of identity documents.
Garcia-Corona was deported from the United States on December 28, 2011, following his 2010 convictions in Tama County, Iowa. Garcia-Corona had also been deported on December 15, 1999. Following each of his prior deportations, Garcia-Corona unlawfully returned to the United States and committed violent crimes. In April 2014, Garcia-Corona was convicted and sentenced in Tama County, Iowa, following convictions for arson in the third degree, domestic abuse assault, three counts of assault with a dangerous weapon, child endangerment, and identity theft.
Garcia-Corona was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Garcia-Corona was sentenced to 41 months’ imprisonment. A special assessment of $200 was imposed, and he was ordered to serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
At the sentencing hearing, Judge Reade noted Garcia-Corona’s violent criminal history; use of numerous aliases; prior lenient treatment by the state courts; history of immigration violations; and general lack of respect for the law.
Garcia-Corona is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Richard L. Murphy and investigated by Homeland Security Investigations.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-76.
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Concord Man Sentenced on Robbery and Gun ChargesRead the Press Release
CONCORD, NEW HAMPSHIRE – Benjamin Hugron, 33, of Concord, was sentenced on Monday in United States District Court for the District of New Hampshire to 17 years in prison on robbery and firearms charges, announced United States Attorney John P. Kacavas.
On August 8, 2013, Hugron walked into a Penacook, New Hampshire restaurant, pointed a firearm at the cashier, and demanded money, ultimately walking away with more than $300 in cash. One week later, on August 15, 2013, Hugron entered a Penacook, New Hampshire convenience store and again demanded money at gunpoint, making off with approximately $400 in cash and merchandise. At the time of the robberies, Hugron was on supervised release for a 2007 federal conviction, also for two robberies that he had committed in the New Hampshire area.
This prosecution arose from an investigation by the Concord, New Hampshire Police Department. This case was prosecuted by Assistant United States Attorneys Nick Abramson and Seth Aframe.
Colombian National Sentenced for Conspiring to Import Cocaine into the United StatesRead the Press Release
NORFOLK, Va. – German Dario Brand Piedrahita, 49, of Medellin, Colombia, was sentenced today to 144 months in prison, followed by five years of supervised release for conspiracy to manufacture and distribute cocaine for the purpose of importation into the United States.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:13-cr-122.
Dana J. Boente, United States Attorney for the Eastern District of Virginia; Karl C. Colder, Special Agent in Charge for Drug Enforcement Administration’s (DEA) Washington Office; and John S. Adams, Special Agent in Charge of the Federal Bureau of Investigation’s Norfolk Field Office, made the announcement after the plea was accepted by U.S. District Judge Raymond A. Jackson.
Piedrahita pleaded guilty on September, 23, 2014, to conspiracy to manufacture and distribute cocaine for the purpose of importation into the United States. According to court documents, Piedrahita, an associate of the Bacrim Los Urabeños, admitted to his role in the production of large quantities of cocaine in Colombia, and the subsequent transport of the cocaine to other members of the conspiracy for the eventual importation into the United States. Within the conspiracy, Brand Piedrahita was involved in purchasing cocaine base, producing cocaine, transporting loads of cocaine to the Colombian coast, and coordinating payment for various loads of cocaine. Brand Piedrahita also assisted in the construction of a cocaine production laboratory in the jungles of Colombia. All told, Brand Piedrahita was involved in the production and shipment of hundreds of kilograms of cocaine throughout the life of the conspiracy and was held accountable today for the production and distribution of 325 kilograms of cocaine.
This case was investigated by the Norfolk Resident Office and Bogota, Colombia Country Office of the Drug Enforcement Administration, the Federal Bureau of Investigation, and the Colombian National Police. Assistant U.S. Attorneys V. Kathleen Dougherty and Kevin M. Comstock are prosecuting the case.Charlotte Drug Cell Leader Sentenced to 20 Years in Prison for Heroin Trafficking ChargesRead the Press Release
CHARLOTTE, N.C. – On Monday, March 2, 2015, Chief U.S. District Judge Frank D. Whitney sentenced Hector Manuel Castaneda Gastelo, 31, of Mexico, to serve 240 months in prison on drug trafficking charges, announced Anne M. Tompkins, U.S. Attorney for the Western District of North Carolina. Gastelo pleaded guilty in May 2014 to conspiracy to distribute and to possess with intent to distribute heroin.
U.S. Attorney Tompkins is joined in making today’s announcement by John S. Comer, Acting Special Agent in Charge of the Atlanta Field Division of the Drug Enforcement Administration (DEA), which oversees the Charlotte District Office, Chief Rodney D. Monroe of the Charlotte-Mecklenburg Police Department, and Chief Rob Merchant of the Pineville Police Department.
According to filed court documents and today’s sentencing hearing, beginning in 2012 through September 2013, Gastelo was a Charlotte drug cell leader responsible for arranging bulk shipments of heroin from Mexico using a transportation network and couriers based out of Los Angeles. Court documents show that Gastelo also managed a group of lower-level conspirators who packaged and sold the heroin in Charlotte. According to court documents, Gastelo also facilitated the return of drug proceeds to Mexico. Filed documents indicate that Gastelo and his conspirators trafficked to the Charlotte area between 10 and 30 kilograms of heroin with a street value of more than $1 million dollars. Over the course of the investigation, law enforcement seized approximately $170,000 in cash, and almost 40 kilograms of heroin.
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF) that has resulted in the indictment of 14 defendants on heroin trafficking and money laundering charges. OCDETF is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
Other conspirators charged to date day in connection with this investigation are:
• Benjamin Villanueva Estrada – Pleaded guilty in 2014 to conspiracy to distribute and to possess with intent to distribute heroin and was sentenced in September 2014 to 78 months in prison and 2 years of supervised release.
• Carlos Lopez-Hernandez – Pleaded guilty to one count of misprision of a felony and re-entry by an illegal alien and was sentenced in January 2015 to 36 months in prison followed by one year of supervised release.
• Marcelino Rivera Vorquez – pleaded guilty in March 2014 to conspiracy to distribute and to possess with intent to distribute heroin and is pending sentencing.
• Fernando Hernandez – operated a heroin transportation group in Los Angeles and pleaded guilty in April 2014 to conspiracy to distribute and to possess with intent to distribute heroin and is pending sentencing.
• Yolanda Gonzalez – operated a heroin transportation group in Los Angeles and was convicted by jury in July 2014 of conspiracy to distribute and to possess with intent to distribute heroin and money laundering conspiracy and is pending sentencing.
• Lorenzo Gonzalez – Pleaded guilty in February 2015 to conspiracy to distribute and to possess with intent to distribute heroin and money laundering conspiracy and is pending sentencing.
• Steven Gonzalez - Pleaded guilty in January 2015 to conspiracy to distribute and to possess with intent to distribute heroin and money laundering conspiracy and is pending sentencing.
• Rigoberto Gonzalez– Pleaded guilty in February 2015 to conspiracy to distribute and to possess with intent to distribute heroin and money laundering conspiracy and is pending sentencing.
• Mahoud Barnabe Salame –Pleaded guilty in February 2015 to distribute and to possess with intent to distribute heroin and is pending sentencing.
• Jose Ivan Hernandez – Charged with conspiracy to distribute and to possess with intent to distribute at heroin and money laundering conspiracy and is currently awaiting trial.
• Jesus Viera – Has agreed to plead guilty to conspiracy to distribute and to possess with intent to distribute heroin.
• Gloria Isabell Ruiz-Pena Pleaded guilty to possession with intent to distribute heroin and is pending sentencing.
• Alberto Gasca - Arranged the transportation of heroin from Los Angeles and has pleaded guilty to conspiracy to distribute heroin. He is currently pending sentencing.
• Erik Estrada-Lopez- Has agreed to plead guilty to possession with intent to distribute heroin. A plea hearing date has not been set yet.Gastelo has been in federal custody since April 2013. He will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
The case was investigated by DEA in Charlotte, CMPD, and PPD. The prosecution is being handled by Assistant U.S. Attorney Elizabeth Greene of the U.S. Attorney’s Office in Charlotte.
Charlotte County Man Sentenced for False Tax Claims and Obstructing the Internal Revenue ServiceRead the Press Release
Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell has sentenced Armand J. Croteau (47, Punta Gorda) to 27 months in federal prison for filing false claims with the Internal Revenue Service and for corruptly obstructing or impeding the administration of the Internal Revenue Laws. Croteau pleaded guilty on July 2, 2014.
According to court documents, Croteau filed numerous false claims for tax years 2005 through 2009, seeking refunds totaling $1,918,118.88. He utilized the “1099-OID” (Original Issue Discount) anti-tax scheme to present fraudulent Forms 1040 and 1040X to the Internal Revenue Service (IRS), reporting excess withholding that was fabricated by him. He also made false reports on Forms 1099-OID and on the tax returns.
After being notified by the IRS that his income tax returns were frivolous, Croteau continued to file fraudulent income tax returns, and in order to obstruct or impede the administration of the internal revenue laws, he filed false liens against IRS personnel, recorded false documents with the Charlotte County Clerk of Courts, and submitted fraudulent instruments to the Department of the Treasury in an attempt to discharge his tax liabilities.
This case was investigated by the Internal Revenue Service - Criminal Investigation and the Treasury Inspector General for Tax Administration. It was prosecuted by Assistant United States Attorney Jeffrey F. Michelland.
Cedar Rapids Man Pleads Guilty to Wire Fraud and Identity TheftRead the Press Release
A man who unlawfully used another individual’s identity to apply for credit pled guilty today in federal court in Cedar Rapids.
Terry L. Gantt, age 28, from Cedar Rapids, was convicted of one count of wire fraud and one count of aggravated identity theft.
At the plea hearing, Gantt admitted that, between November 2012 and February 2013, he knowingly participated in a scheme to defraud by using another individual’s identity to apply for credit in the other individual’s name. Gantt used the other individual’s name and social security number to commit the offense.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Gantt remains in custody of the United States Marshal. Gantt faces a mandatory minimum sentence of 2 years’ imprisonment and a possible maximum sentence of 22 years’ imprisonment, a $500,000 fine, $200 in special assessments, and 4 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Jacob Schunk and was investigated by the United States Postal Inspection Service and the Cedar Rapids Police Department.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-142-LRR.
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Brothers Sentenced for Methamphetamine TraffickingRead the Press Release
ROME, Ga. – Felix Moreno-Garcia and Fabian Pineda-Garcia have been sentenced for possessing over four pounds of methamphetamine with the intent to distribute.
“These brothers were significant contributors to the Northwest Georgia methamphetamine market,” said Acting U.S. Attorney John Horn. “Thankfully, DEA agents and the Lookout Mountain Drug Task Force successfully put an end to this family drug dealing business.”
Daniel R. Salter, the Special Agent in Charge of the DEA Atlanta Field Division stated, “These methamphetamine distributors were driven by greed and power. Today they stand powerless and will spend well-deserved time in prison. This case would not have been possible without the high level of cooperation between our law enforcement counterparts.”
According to Acting United States Attorney Horn, the charges and other information presented in court: In July 2012, the Lookout Mountain Judicial Circuit Drug Task Force (“Lookout Mountain Task Force”) initiated an investigation of a Mexican drug trafficking organization operating out of Chattooga County, Georgia. The Lookout Mountain Task Force developed an informant who provided information regarding Fabian Pineda-Garcia’s narcotics trafficking.
In August 2012, the DEA joined the investigation focusing on Fabian Pineda-Garcia’s brother, Felix Moreno-Garcia. Agents conducted a series of controlled purchases before successfully introducing an undercover officer to Moreno-Garcia in November 2013. Moreno-Garcia sold the undercover officer multi-ounce quantities of methamphetamine on several occasions. On March 19, 2014, Moreno-Garcia sold the undercover officer eight ounces of methamphetamine in the parking lot of the Wal-Mart in Trion, Georgia. Immediately after the sale, officers arrested Moreno-Garcia before he could leave the parking lot. Later that evening, agents executed search warrants at four locations, including a residence in Trion, Georgia. There, law enforcement officers discovered three and a half pounds of methamphetamine hidden under a mattress in a bedroom. Agents also located a 12-gauge shotgun in the corner of the bedroom. Agents arrested Fabian Pineda-Garcia and an unindicted coconspirator at the residence.
Both Moreno-Garcia and Pineda-Garcia were convicted of conspiring to distribute methamphetamine upon their pleas of guilty on November 19, 2014.
Felix Moreno-Garcia, 33, of Trion, Georgia, was sentenced to 15 years, four months in prison to be followed by five years of supervised release. Fabian Pineda-Garcia, 34, also of Trion, Georgia, was sentenced to ten years, one month in prison to be followed by five years of supervised release. Both were sentenced by United States District Judge Harold L. Murphy.
This case was investigated by the Drug Enforcement Administration and Lookout Mountain Judicial Circuit Drug Task Force.
Assistant United States Attorney C. Brock Brockington prosecuted the case.
The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.com.
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 Rome Division is http://www.justice.gov/usao/gan/.
Boston Woman Sentenced to Prison for Credit Card ScamRead the Press Release
CONCORD, NEW HAMPSHIRE – Lois Patricia Patton (a/k/a “Trida” and Lois Patton-Haynes), 45, of Boston was sentenced in United States District Court for the District of New Hampshire to 54 months in federal prison for conspiracy to commit wire fraud and aggravated identity theft in connection with her participation in a fraudulent credit card scheme, announced United States Attorney John P. Kacavas.
In April 2014, Patton conspired with others to purchase gift cards and high value merchandise at retail box stores in New Hampshire, Massachusetts and Georgia using retail credit card accounts and lines of credit that she and her co-conspirators opened in the names of others without their authorization or knowledge. Patton and others involved in the scheme opened the credit card accounts and lines of credit using misappropriated personal identifying information and false identification cards and used disguises to help facilitate some of the illegal transactions.
The investigation of Patton’s offenses was conducted and coordinated by the Boston office of the U.S. Secret Service and the Medway (Mass.) and Cambridge (Mass.) Police Departments. The Massachusetts State Police and local police departments in Acton, Ayer, Bedford, Boston, Brookline, Cohasset, Dover, Groton, Lincoln, Littleton, Medfield, Medford, Norton, Plymouth, Reading, Sudbury, Sutton, Tewksbury, Tyngsboro, Watertown, Wayland, Wellesley, Weston and Westwood, Massachusetts, and Hollis, New Hampshire, also assisted in the investigation. The case was prosecuted by Assistant U.S. Attorney Bill Morse.
Boston Bank Robber Pleads GuiltyRead the Press Release
BOSTON – A Boston area man pleaded guilty on Friday, Feb. 27, 2015, to robbing three banks in June 2014 and stealing over $18,000.
Edward Stone, 27, pleaded guilty to three counts of bank robbery after being indicted in July 2014. U.S. District Court Judge Denise J. Casper scheduled sentencing for June 4, 2015.
On June 7, 2014, Stone walked into a TD Bank in Braintree holding a notebook and approached the bank teller. He showed the teller a note written in the notebook demanding money in “Big Bills” [sic]. While speaking to the teller, he also threatened to “blow [her] head off” if she did not follow his instructions. Stone left the bank with $7,363 a minute after he entered. On June 12, 2014, Stone entered a TD Bank in Hingham at 11:24 a.m. Once again, he presented a note demanding money and told her, “This is a robbery. Give me the money.” Stone stole $3,796 from the bank. On June 20, 2014, Stone robbed the same TD Bank in Braintree for the second time. Stone approached a teller and once again demanded money. Stone left the bank forty seconds after entering with $7,098 in cash.
Following each robbery, the tellers and other witnesses identified Stone from a photo array, and police arrested him on June 25, 2014. After his arrest, Stone gave a videotaped confession in which he admitted to all three robberies.
The charge of bank robbery provides for a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000, and forfeiture of the proceeds of the crimes. According to a plea agreement, the parties agreed that Stone would recommend a sentence of no less than 72 months, and the government a sentence no greater than 92 months. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz; Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Chief Russell Jenkins of the Braintree Police Department; and Chief Michael Peraino of the Hingham Police Department, made the announcement. The case is being prosecuted by Assistant U.S. Attorney Brian A. Pérez-Daple of Ortiz’s Major Crimes Unit.
Black Hawk County Man Sentenced to 21 Months for Failing to Register as A Sex OffenderRead the Press Release
A man who failed to register as a sex offender was sentenced today to 21 months in federal prison.
Christopher Pate, age 44, of Cedar Falls, Iowa, received the sentence after a December 15, 2014 guilty plea to one count of failing to register as a sex offender. At the guilty plea hearing, Pate admitted that he moved from North Carolina to Iowa and did not register as a sex offender in Iowa. Pate was required to register because of his 2001 Black Hawk County conviction for sexual abuse in the third degree.
Pate was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Pate was sentenced to 21 months’ imprisonment. A special assessment of $100 was imposed, and Pate must also serve a five-year term of supervised release. He must comply with all sex offender registration and public notification requirements.
This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the United States Marshals Service, the Iowa Division of Criminal Investigation, and the Black Hawk County Sheriff’s Office.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 14-2050.
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Anchorage Man Sentenced to Nine Years for Armed Bank RobberyRead the Press Release
Anchorage, Alaska-U.S. Attorney Karen Loeffler announced today that an Anchorage man was sentenced by Chief U.S. District Court Judge Ralph R. Beistline to serve a 108 month term of imprisonment for his commission of an armed bank robbery.
James Donald Surrells, 44, of Anchorage, Alaska, previously pled guilty to robbing a local branch of First National Bank Alaska (FNBA). As part of his plea, Surrells admitted his use of a handgun during the robbery and agreed that his sentence should be increased as a result of his gun possession.
Specifically, Surrells admitted that, on August 13, 2014, he donned a disguise and entered the bank armed with a handgun and a demand note. He took the note to one of the bank tellers and demanded money. When the teller leaned forward to see the note more clearly, Surrells showed her the butt of his handgun, which caused her to fear that he would kill or physically harm her if she did not comply with his demands. In total, Surrells was able to steal $1,210 before fleeing the bank.
Judge Beistline cited the victim’s plight in announcing the sentence, noting that Surrells’ actions put his own immediate desires above those of the victim, who was simply doing her job. Judge Beistline called the crime a “premeditated bank robbery with a gun” – noting that it took a great deal of planning to accomplish. The court also cited the defendant’s extensive criminal history, saying that such a past clearly demonstrates that Surrells disrespects the law whenever he is given a chance. Given those considerations, Judge Beistline felt it necessary to craft a sentence that protects the community and deters others from committing similar crimes in the future.
Following his prison term, Surrells will be on supervised release for a term of five years. He must also pay FNBA $1,210 in restitution. In announcing the sentence, Loeffler praised the work the Federal Bureau of Investigation and the Alaska State Troopers, whose investigation efforts led to Surrells’ arrest and conviction.