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2 February 2015
Buffalo Woman Sentenced for Drug ChargesRead the Press Release
CONTACT: BARBARA BURNS
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Barbara Moran, 54, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute and to distribute fentanyl, was sentenced to 41 months in prison by U.S. District Judge Richard J. Arcara.Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that between September 2012 and May 2013, the defendant conspired with others to distribute fentanyl, a Schedule II controlled substance. Moran sold fentanyl patches from her residence at 93 Pulaski Street in Buffalo. Some of those sales were made to law enforcement officers acting in an undercover capacity.
Co-defendants Jordan Warunek, Barbara Moran, and Gregory Pendziwiatr have all been convicted of conspiracy to possess with intent to distribute and to distribute fentanyl. Warunek was sentenced to two years probation, Mary Moran was sentenced to one year in prison and Gregory Pendziwiatr was sentenced to 15 months in prison.
The sentencing is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, and the Cheektowaga Police Department, under the direction of Chief David Zach.
Bridgeport Man Sentenced to 62 Months in Prison for Possessing Stolen Gun, Violating Supervised ReleaseRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that on Friday, January 30, RAHSHIM CARTER, also known as “Jinks” and “Mace,” 26, of Bridgeport, was sentenced by U.S. District Judge Michael P. Shea in Hartford to 62 months of imprisonment for being a felon in possession of a firearm, and for violating his supervised release from a previous federal conviction.
According to court documents and statements made in court, on January 9, 2013, CARTER was sentenced in Hartford federal court to 18 months of imprisonment and three years of supervised release for distributing heroin in and around the Trumbull Gardens housing complex in Bridgeport. He was released from prison on September 11, 2013, and began serving his term of supervised release.
On February 14, 2014, Bridgeport Police received a report that a man driving a black Dodge Durango was selling narcotics in the area of Trumbull Avenue and Reservoir Avenue. Police caught up to the Durango on Reservoir Avenue, pulled it over and learned that a license plate on the Durango belonged to another vehicle. CARTER was in the driver’s seat of the Durango and a woman was in the passenger seat. A search of CARTER’s female passenger revealed a loaded Smith & Wesson Bodyguard .380 firearm. A search of the vehicle also revealed approximately 250 glassine envelopes, commonly used to package heroin for street sale, and a stamp kit.
The investigation revealed that CARTER possessed the firearm and that he attempted to conceal it in the woman’s pants as he was about to be stopped by police. The investigation further revealed that the firearm was one of 111 firearms stolen from Smith & Wesson’s distribution plant in Springfield, Massachusetts, in November 2012.
CARTER has been detained since his federal arrest on April 9, 2014. On November 3, 2014, he pleaded guilty to one count of possession of a firearm by a previously convicted felon.
Judge Shea sentenced CARTER to 50 months of imprisonment for illegally possessing a firearm, and a consecutive 12-month prison term for violating the terms and conditions of his supervised release.
This matter was investigated by the FBI’s Bridgeport Safe Streets Task Force and the Bridgeport Police Department. The case was prosecuted by Assistant U.S. Attorney Rahul Kale.
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(203) 821-3722 [email protected]Bridgeport Man Sentenced to 3 Years in Prison for Illegally Possessing Loaded Handgun in NorwalkRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that on Friday, January 30, DAHONTA HILLIARD, 24, of Bridgeport, was sentenced by U.S. District Judge Vanessa L. Bryant in Hartford to 36 months of imprisonment, followed by three years of supervised release, for being a previously convicted felon in possession of a firearm.
According to court documents and statements made in court, on August 25, 2013, Norwalk police officers were called to disband a fight between 15 to 20 people in the King Kennedy housing complex. As officers approached the housing complex, individuals, including HILLIARD, began to scatter. From his previous encounters with Norwalk Police, HILLIARD was known as a Crips gang associate who was not a resident of the housing complex. Officers approached HILLIARD and asked him if he had any weapons. After HILLIARD responded that he had a knife, officers searched him and found a loaded Bersa .380 semi-automatic handgun.
Prior to August 2013, HILLIARD was convicted of a felony offense. It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
HILLIARD has been detained since his federal arrest on March 3, 2014. On August 14, 2014, he pleaded guilty to one count of possession of a firearm by a previously convicted felon.
This matter was investigated by the Norwalk Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted by Assistant U.S. Attorney Vanessa Richards.
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(203) 821-3722 [email protected]Beckley man sentenced for using phone to arrange drug crimeRead the Press Release
HUNTINGTON, W.Va. – United States Attorney Booth Goodwin announced today that Marcus Graves, 37, of Beckley, West Virginia, was sentenced to 48 months in federal prison.
In October 2014, Graves pleaded guilty to using a communications device to facilitate a drug crime. He admitted that on Jan. 13, 2014, he made a call to Kenneth Newman, who pleaded guilty to drug charges in federal court in May 2014, stating that he wanted to “bring some bread,” and that he would “take two.” Graves made the call to order around two ounces of marijuana.
Chief United States District Judge Robert C. Chambers imposed the sentence.
The case was investigated by the Drug Enforcement Agency and Huntington Police Department. Assistant United States Attorney Greg McVey was in charge of the prosecution.
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Bay Area Woman Who Ran $24 Million Investment Scam Sentenced to over 12 Years in Federal PrisonRead the Press Release
SANTA ANA, California – A San Jose woman who was convicted running a Ponzi scheme that bilked over 200 victims out of more than $24 million was sentenced today to serve 151 months in federal prison.
Bich Quyen Nguyen, 60, received the sentence from United States District Judge Josephine L. Staton, who said the crime caused physical, emotional and psychological harm to victims who, in some case, lost their entire life savings.
In addition to the prison term of more than 12½ years, Judge Staton ordered Nguyen to pay $24,517,482 in restitution.
Nguyen was found guilty conspiring to commit wire fraud in December 2013 by a jury that heard about Nguyen’s investment scheme, which offered purported certificates of deposit issued by a Swedish financial institution that she supposedly ran. The evidence presented during a six-day trial showed that Nguyen told victims that she was the chief executive officer Sun Investment Savings and Loan, which guaranteed annual returns of more than 30 percent on one-year certificates of deposit involving at least $1 million. Nguyen told victims that she used “trading platforms” and made trades at a high frequency and velocity to achieve the high rates of return. Nguyen told victims that their investments were safe because the victims’ money would be in “blocked” accounts. Nguyen further told victims that she had prepared for the 2008 financial crisis so their returns were still protected and guaranteed.
While claims about the investment were bogus, Nguyen’s “false promises did persuade the victims to give up their life-savings,” according to court documents filed by prosecutors. “Because of [Nguyen’s] fraud, the victims were forced to put off their retirements and stretch their remaining resources to simply make ends meet.”
To get the rates that Nguyen fraudulently promised, victims from southern California and Nevada organized private investment clubs to pool the required $1 million. Several of the victim investment clubs were located in Anaheim and Rialto.
During the second half of 2008, Nguyen and co-conspirators made presentations to victims across the region, with some of the presentations taking place at churches.
In the Spring of 2009, the Securities and Exchange Commission obtained orders from United States District Judge David O. Carter that prevented Nguyen and her co-conspirators from continuing to offer these investments. Following the issuance of the injunctions, a receiver and forensic accountant reviewed records and determined that the victims’ money was never “safe,” in part because it was commingled with other victims’ money; some of the victims’ money was used to make Ponzi payments to other investors; and the promised investments were never made. Despite Judge Carter’s orders, Nguyen in May and July 2009 continued to offer investments in Las Vegas and overseas.
In sentencing papers that described Nguyen as being “relentless in the execution of her fraud,” prosecutors cited numerous false promises to victims, lies she told during her trial (including blaming a dead man for the scheme) and a complete lack of remorse. Nguyen has “failed to take any responsibility for the over [$24] million that victims lost due to her fraud,” according to one sentencing memo. “Defendant’s ‘pass-the-buck’ attitude cannot be ignored when there are over 200 victims due to her fraud.”
Nguyen has been in custody for over year after being remanded into custody by Judge Staton when the trial concluded.
Previously in this case, another member of the conspiracy – Johnny Edward Johnson, 70, pleaded guilty to conspiracy to commit wire fraud. Johnson, who faces a statutory maximum sentence of 20 years in federal prison, is scheduled to be sentenced by Judge Staton on February 27.
The investigation of Nguyen and Johnson was conducted by the Federal Bureau of Investigation. The SEC provided substantial assistance.
elease No. 15-010
Atlanta Man Sentenced for Attempted Armed Bank RobberyRead the Press Release
ATLANTA – Gerry Sanders has been sentenced to fourteen years and six months in prison for the attempted armed robbery of a Citizens Trust Bank in Decatur, Ga. in September 2012.
“This defendant’s use of a toy gun during an armed bank robbery led the security guard of the bank to fire his weapon several times, seriously harming not only the defendant, but also a bank teller,” said Acting United States Attorney John Horn. “His violent acts led to both physical and emotional injuries to innocent people.”
J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office, stated: “This case represents the dangerous consequences set in motion when a person goes into a bank and announces a robbery. The defendant in this case demonstrated a complete disregard for others when he chose to rob the Citizens Trust Bank and, having a history for such reckless criminal behavior, he will now be held accountable with a lengthy prison sentence.”
“The reprehensible acts of this defendant put the lives of innocent people at risk and left physical and emotional scars that will last a lifetime, “said Interim DeKalb Police Chief James Conroy. “I only hope the sentencing of this defendant helps the healing process for these innocent victims.”
According to Acting United States Attorney Horn, the charges and other information presented in court: On September 19, 2012, at approximately 9:10 a.m., Sanders burst through the front doors of the Citizens Trust Bank, located in Decatur, Ga., and pointed what appeared to be a semi-automatic handgun as he quickly approached a bank teller. He then pushed aside a customer whom the teller was assisting and stated, “Give me all the hundreds you have,” while pointing the weapon at the teller. Sanders also pushed a light colored pillow case through the porthole of the glass at the teller's window.
As the teller was putting cash from her teller drawer into the pillow case, the bank security guard yelled at Sanders to “Freeze, drop the gun!” Sanders turned, pointed his weapon at the bank security guard, and started moving toward him. The guard fired several shots, striking Sanders in the leg. A bullet also grazed the leg of a bank teller, resulting in a serious and long-lasting injury. The bank security guard detained Sanders until DeKalb County Police Officers and FBI agents arrived. After Sanders was arrested, the weapon he used was determined to be a toy gun.
Sanders, 42, of Atlanta, Ga., was sentenced to fourteen years, six months in prison, to be followed by five years of supervised release. Sanders was convicted of these charges on October 1, 2014, after a jury trial.
This case was investigated by the Federal Bureau of Investigation and the DeKalb County Police Department.
Assistant United States Attorney Suzette A. Smikle 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/.
Albuquerque Accountant Pleads Guilty to Misusing Treasury Department Names and SymbolsRead the Press Release
ALBUQUERQUE – James A. Vaughn, 64, of Albuquerque, N.M., pleaded guilty this morning to the misdemeanor offense of misusing Department of Treasury names and symbols. Under the terms of his plea agreement, Vaughn will be sentenced to a year of probation.
Vaughn, a certified public accountant, was indicted in April 2014. The two-count indictment charged Vaughn with misusing Treasury Department names and symbols and mail fraud. Count 1 of the indictment alleged that in connection with his accounting practice, Vaughn used the words “Department of the Treasury” and “Internal Revenue Service” to convey the false impression that his business activity had been approved or endorsed by the Treasury Department or IRS. Count 2 charged Vaughn with sending his client a bill by mail for work that had not actually been done, by falsely representing to a client that the client’s tax lien had been resolved by the Treasury Department and IRS, as described in Count 1.
Today Vaughn pled guilty to misusing Treasury Department names and symbols. In entering his guilty plea, Vaughn admitted that in Jan. 2013, a client requested his services in resolving a federal tax lien. Rather than actually resolving the tax lien, Vaughn admitted that he created a false document that used the Treasury symbol and stated that the tax lien had been resolved. Vaughn committed this offense on Jan. 30, 2013, in Bernalillo County, N.M.
Vaughn’s sentencing date has yet to be scheduled. In addition to his probationary sentence, he faces a fine not to exceed $10,000.00.
The case was investigated by the Treasury Inspector General for Tax Administration and is being prosecuted by Assistant U.S. Attorney Paul Mysliwiec.
Abingdon Man Sentenced to 30 Months in Prison for Possessing Child PornographyRead the Press Release
Baltimore, Maryland – U.S. District Judge Richard D. Bennett sentenced Nicholas Paul Pedone, age 41, of Abingdon, Maryland, today to 30 months in prison followed by a lifetime of supervised release for possessing child pornography. Judge Bennett ordered that upon his release from prison, Pedone must register as a sex offender in the place where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation.
According to his plea agreement, in March 2013 an agent in the Violent Crimes Against Children Section of the FBI was reviewing the email account of a user that contained child pornography and saw that this user had been corresponding with Pedone by email. One of the user’s emails to Pedone contained two images depicting naked prepubescent and early pubescent males and females.
On October 18, 2013, the agent executed a search warrant on Pedone’s email account which revealed that Pedone had sent and received thousands of emails containing depictions of children engaged in sexually explicit conduct, and that the emails and image files were saved in Pedone’s email account. These emails were sent and received between Pedone and dozens of other email accounts.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about internet safety education, please visit www.justice.gov/psc and click on the "resources" tab on the left of the page.
United States Attorney Rod J. Rosenstein commended the FBI for its work in the investigation and thanked Assistant U.S. Attorney Paul E. Budlow, who prosecuted the case.
1 February 2015
Insert Title HereRead the Press Release
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U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722 [email protected]Huntsville Pharmaceutical Distribution Facility Agrees to Pay $300,000 PenaltyRead the Press Release
HUNTSVILLE -- A Huntsville pharmaceutical distribution facility has agreed to pay the federal government $300,000 to settle allegations that it failed to maintain complete and accurate records and inventories of controlled substances, including opioid painkillers, announced U.S. Attorney Joyce White Vance and Drug Enforcement Administration Special Agent in Charge Clay A. Morris.
Generics Bidco and the U.S. Attorney for the Northern District of Alabama finalized the settlement agreement this week. The settlement was reached without any filings in U.S. District Court. With the payment of the penalty, the government agrees to release Generics from all civil liability for violations of records keeping under the Controlled Substances Act.
"The $300,000 penalty in this matter represents the largest penalty collected in Alabama in a DEA compliance investigation," Vance said. "It is imperative that pharmaceutical companies, and all facilities registered with DEA to handle controlled substances, keep clear and current records on receipt and distribution of those narcotics so that they can be tracked and not at risk of being diverted for illegal use in our communities," she said. "I applaud the DEA for its diligent work to ensure all facilities registered with the agency comply with the strict record-keeping and control mechanisms of the Controlled Substances Act."
DEA conducted an accountability audit of Generics for Dec. 12, 2012, through July 14, 2014, and raised allegations that the business violated record-keeping provisions of the Controlled Substances Act by not keeping separate bi-annual inventories of Schedule II controlled substances and the less restricted Schedule III-V substances. DEA also charged that Generics did not keep records readily available, and that the audit showed substantial error in the accounting of the Schedule II and III drugs hydrocodone, carisoprodol, oxycodone and Meperitab.
Generics, as part of the settlement agreement, denies any intentional violation of regulations, but states it has updated several record-keeping procedures and has taken other voluntary measures to assist with compliance. The company cooperated fully in the DEA audit and follow-up proceedings.
31 January 2015
California Man Convicted of Methamphetamine DistributionRead the Press Release
HONOLULU – After a nine-day trial and less than one day of deliberation in United States District Court, a federal jury on Friday, January 30, found California resident Alan L. Mapuatuli, age 44, guilty of distribution of crystal methamphetamine, possession with intent to distribute crystal methamphetamine, and possession of a firearm in furtherance of a drug trafficking crime. Mapuatuli faces a mandatory term of life imprisonment without parole when he is sentenced by United States District Judge Derrick K. Watson.
Florence T. Nakakuni, United States Attorney for the District of Hawaii, said that according to information produced in court, Mapuatuli was convicted as the result of an undercover transaction between Mapuatuli and an informant involving a pound of methamphetamine. That transaction was monitored and recorded by federal agents. Based on information developed in the investigation, Mapuatuli was stopped as he drove away from the transaction. When his vehicle was searched, agents found the cellphone he had used to communicate with the informant, a black Adidas backpack containing six ounces of crystal methamphetamine, $15,975.00 in U.S. currency, and a loaded, .45 caliber pistol, and a leather bag which contained an additional pound of crystal methamphetamine.
The prosecution was the result of an investigation by Homeland Security Investigations/Immigration and Customs Enforcement and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The prosecution was handled by Assistant United States Attorneys Jonathan M. F. Loo and Michael K. Kawahara.
30 January 2015
Yonkers Business Owner Pleads Guilty in White Plains Federal Court to Multimillion-Dollar Payroll Tax FraudRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, Shantelle P. Kitchen, the Special Agent in Charge of the New York Field Office of the Internal Revenue Service, Criminal Investigation (“IRS-CI”), announced that PATRICK WHITE pled guilty today in White Plains federal court to tax fraud charges.
WHITE is charged with one count of failing to pay over payroll taxes accumulated by his commercial construction business.
Manhattan U.S. Attorney Bharara stated: “The victims in this scheme are the American taxpayers. But the ultimate loser will be the defendant Mr. White who gambled his liberty and his reputation on his tax fraud scheme not being found out.”
Special Agent in Charge Shantelle P. Kitchen stated: “When business owners deliberately fail to pay their fair share of payroll taxes, American taxpayers and businesses have to make up the difference. Additionally, they hurt their own workforce by potentially depriving their workers of future benefits to which they may be entitled.”
According to the Information previously filed in White Plains federal court:
WHITE operates R & L Construction Inc., a Yonkers-based contracting company. From 2005 through 2011, R&L Construction operated a scheme whereby certain employees’ wages were not properly reported, with the funds diverted from their proper purpose, payment of taxes due, so that White could use them for personal expenses including homes and gambling. In so doing, R & L Construction accumulated approximately $3,758,000 in unpaid payroll tax liabilities.
WHITE faces a maximum sentence of three years in prison on the sole charge in the Information. The statutory maximum sentence is prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge. WHITE is scheduled to be sentenced on May 21, at 10 a.m. before U.S. District Judge Cathy Seibel.
Mr. Bharara praised the outstanding efforts of IRS-CID and United States Department of State Diplomatic Security Service. He also thanked U.S. Department of Justice’s Tax Division for its significant assistance in the investigation.
This case is being handled by the Office’s White Plains Division. Assistant U.S. Attorneys John P. Collins, Jr. is in charge of the prosecution.
Week in Review – South BendRead the Press Release
South Bend, Indiana — The United States Attorney’s Office announced the following activity in Federal Court:
PLEAS
- Donteze Williams, 33, of South Bend, Indiana pled guilty to the felony offense of attempting to damage a motor vehicle by means of fire. The magistrate judge is recommending that the district court accept the tendered guilty plea. Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by Bureau of Alcohol, Tobacco, Firearms and Explosives. Sentencing has been set for May 7, 2015. This case is being prosecuted by Assistant United States Attorney Frank Schaffer.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
DISPOSITIONS
- Jesus A. Campos, 35, of Mexico was sentenced to 84 months imprisonment with 4 years supervised release after pleading guilty to the felony offense of conspiracy to distribute marijuana. According to documents filed in this case, from approximately the summer of 2005 until the spring of 2007, Campos conspired with several persons in the Northern District of Indiana to move shipments of marijuana from the Laredo and Dallas, Texas areas to the Northern District of Indiana. During this time period, as charged in the Indictment, Campos helped to arrange shipments of more than 100 kilograms of marijuana. These shipments were made using private drivers who went to Texas to drive the marijuana back up to Indiana or through loads shipped through common carriers. Campos worked with persons to arrange shipments and knowingly possessed marijuana that was later distributed to others in Indiana. Campos also arranged its distribution to the drivers sent by persons he knew in Indiana. This case was the result of an investigation by the Drug Enforcement Agency. This case was prosecuted by Assistant United States Attorney William Grimmer.
- Otis Tate, 26, of Mishawaka, Indiana, was sentenced to 120 months imprisonment with 3 years supervised release after being found guilty by a trial jury of the felony offenses of being a felon in possession of a firearm and receiving a stolen firearm. According to documents filed in this case, on the night of September 18, 2013, Tate was at a gas station at 3417 Western Ave., South Bend, Indiana. T ate believed that another person (“victim”) at the station owed him (Tate) $600 from a previous drug illegal transaction. While they were both in Tate’s car, Tate showed his handgun that he was carrying (a Star 9mm pistol) to the Victim and offered to sell the victim a relatively small amount of marijuana. While the victim was examining the 1/2 ounce of marijuana, Tate pulled his gun on the victim and told him to hand over his gun, cell phone, wallet (with $45 cash), and car keys. Tate’s Star 9mm gun was recovered by police during an inventory of Tate’s car on September 19, 2013. The Sccy 9mm firearm stolen by Tate from the victim was recovered by police on December 11, 2013 in the glove box of a car of an associate of Tate. According to another individual, Tate sold the Sccy 9mm in early December 2013. This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives. This case was prosecuted by Assistant United States Attorney Donald Schmid.
Week in Review – HammondRead the Press Release
Hammond, Indiana — The United States Attorney’s Office announced the following activity in Federal Court:
PLEAS
- Edmund Carman, 39, of Gary, Indiana pled guilty to the felony offense of being a felon in possession of a firearm. This charge was filed as a result of an investigation by The Bureau of Alcohol, Tobacco, Firearms, and Explosives. Sentencing has been set for April 30, 2015. This case is being prosecuted by Assistant United States Attorney Jennifer Chang.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
DISPOSITIONS
- Ebony Leonard, 27, of East Chicago, Indiana was sentenced to 2 years of probation after pleading guilty to the felony offense of straw purchasing a firearm. According to documents filed in this case, on March 22, 2014, Leonard fraudulently represented to an employee of a licensed firearms dealership in Hammond, Indiana that she was the actual purchaser of a firearm when in fact she purchased the firearm on behalf of another person. This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. This case was prosecuted by Assistant United States Attorney Thomas M. McGrath.
- Jordon Schwind, 26, of South Bend, Indiana was sentenced to 35 months imprisonment with 4 years supervised release after pleading guilty to the felony offense of conspiracy to possess with intent to distribute 100 grams or more of heroin. According to documents filed in this case, between May 2011 and May 2012, the defendant conspired to distribute heroin to various individuals in the South Bend, Indiana area. This case was the result of an investigation by the Drug Enforcement Administration. This case was prosecuted by Assistant United States Attorneys Joshua Kolar and Jennifer Chang.
Week in Review – Fort WayneRead the Press Release
Fort Wayne, Indiana — The United States Attorney’s Office announced the following activity in Federal Court:
PLEAS
- Luis Ramirez-Perez, 50, of Fort Wayne, Indiana pled guilty to the felony offense of possessing with the intent to distribute marijuana. The magistrate judge is recommending that the district court accept the tendered guilty plea. Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Drug Enforcement Administration, Homeland Security Investigations, Indiana State Police, Allen County Drug Task Force, Allen County Police Department, New Haven Police Department and the Fort Wayne Police Department. Sentencing has not been set. This case is being prosecuted by Assistant United States Attorney Anthony W. Geller.
- Matthew Hottinger, 39, of Fort Wayne, Indiana pled guilty to the felony offense of maintaining a drug-involved premises for the purpose of storing and distributing marijuana. The magistrate judge is recommending that the district court accept the tendered guilty plea. Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Drug Enforcement Administration, Homeland Security Investigations, Indiana State Police, Allen County Drug Task Force, Allen County Police Department, New Haven Police Department and the Fort Wayne Police Department. Sentencing has not been set. This case is being prosecuted by Assistant United States Attorney Anthony W. Geller.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
Twelve Sentenced in Federal Court in Interstate Conspiracy Involving Bank Fraud, Money Laundering and Drug Manufacturing ChargesRead the Press Release
The United States Attorney=s Office for the Middle District of Pennsylvania announced that twelve individuals previously charged either by indictment or information have all been sentenced in federal court in Scranton. The federal charges involved conspiracy to commit bank fraud, money laundering, and the manufacture of marijuana in Northeastern Pennsylvania and New Jersey. The last of the defendants, Antonio Figueredo was sentenced on January 26, 2015.
According to United States Attorney Peter Smith, Carlos Guerra-Lescay, age 52, Eileen Mesa, age 37, Ernesto Huerta Martin, age 52, Jose Frias, age 44, all from Newark, New Jersey, Martha Leon, age 51, Carlos Leon, age 50, both from Naples, Florida, Jose Arias Perdomo, age 38, Florida, Milagros Vargas, age 35, from Hialeah, Florida, Vivian Cruz, age 50, and Figueredo, age 44, both from Easton, Pennsylvania, Evelyn Ugalde, age 38, from Hopatcong, New Jersey, and Osleivy Gomez, age 37, North Bergen, New Jersey were all charged in connection with the case.
The defendants engaged in a scheme to acquire properties with false financial information submitted to various financial institutions located across the country. The properties, located in the Brodheadsville and Gilbert area of Monroe County, PA, Newark, NJ and Miami, FL were then used to facilitate indoor marijuana growing operations. Search warrants were executed by the Pennsylvania State Police at three of the properties in August 2011.
The defendants were federally charged at various times in December 2013, and all defendants plead guilty. The defendants were all sentenced on various dates by United States District Court Judge Robert D. Mariani as follows:
Carlos Guerra-Lescay – sentenced to 60 months imprisonment of conspiracy to commit money laundering and manufacture, distribute, and possession with intent to distribute in excess of 100 marijuana plants. Guerra-Lescay is to pay $3,166,629.48 restitution.
Ernesto Heurta Martin – sentenced to 23 months imprisonment of conspiracy to manufacture, distribute, and possession with intent to distribute in excess of 100 marijuana plants.
Jose Arias Perdomo – sentenced to 18 months imprisonment of conspiracy to manufacture, distribute, and possession with intent to distribute in excess of 100 marijuana plants.
Eileen Mesa – sentenced to 3 years’ probation with 6 months house arrest/electronic monitoring for conspiracy to commit bank fraud.
Vivian Cruz – sentenced to 3 years’ probation with 6 months house arrest/electronic monitoring for conspiracy to commit bank fraud. Cruz is to pay $518,984.39 restitution.
Jose Frias - sentenced to 3 years’ probation with 6 months house arrest/electronic monitoring for conspiracy to commit bank fraud.
Osleivy Gomez - sentenced to 3 years’ probation with 6 months house arrest/electronic monitoring conspiracy to commit bank fraud. Gomez is to pay $430,305.84 restitution.
Carlos Leon - sentenced to 3 years’ probation with 6 months house arrest/electronic monitoring for conspiracy to commit bank fraud. Leon is to pay $299,368.36 restitution.
Martha Leon - sentenced to 3 years’ probation with 6 months house arrest/electronic monitoring for conspiracy to commit bank fraud. Leon is to pay $299,368.36 restitution.
Milagros Vargas - sentenced to 3 years’ probation with 6 months house arrest/electronic monitoring for conspiracy to commit bank fraud. Vargas is to pay $411,736.00 restitution.
Evelyn Ugalde - sentenced to 2 years’ probation with 6 months house arrest/electronic monitoring for conspiracy to commit bank fraud. Ugalde is to pay $126,360.42 restitution.
Antonio Figueredo - sentenced to 3 years’ probation for conspiracy to commit bank fraud. Figueredo is to pay $518,984.39 restitution.
This case was investigated by the Drug Enforcement Administration, the Department of the Treasury - Internal Revenue Service, and the Pennsylvania State Police. The case was prosecuted by Assistant United States Attorney Michelle Olshefski.
Three Broward Residents Plead Guilty to Preparing False Tax Returns for Their ClientsRead the Press Release
Three Broward Residents pled guilty for preparing false tax returns for their clients.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), made the announcement.
Steven Tidas, of Tamarac, Sylvanie Junior Pierre, of Lauderdale Lakes, and Stenor Prosper, of Parkland, each pled guilty to one count of conspiracy.
According to court documents, the defendants served as officers of Value Tax Services, Inc. and/or Value Financial Group, Inc., both of Sunrise. The defendants prepared tax returns for individuals that falsely claimed tax credits for being a first time home buyer, when the defendants knew the taxpayers had not purchased a home and did not qualify for the credit. The defendants also prepared tax returns for individuals that falsely claimed that the taxpayers had household help income, or inflated household help income, and they falsely inflated other income or deductions in order to increase the amount of the taxpayers’ refunds.
Intended loss to the government committed by Tidas, Pierre, and Prosper is $531,146, $284,550, and $163,053, respectively.
Judge Robin Rosenberg will issue an order setting a sentencing date for all defendants. The defendants each face a maximum of five years in prison.
Mr. Ferrer commended the investigative efforts of IRS-CI. The case is being prosecuted by Assistant U.S. Attorney Cynthia R. Wood.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Third Defendant Charged with Violating the Neutrality Act by Planning and Participating in a Plot to Overthrow the Gambian GovernmentRead the Press Release
Assistant Attorney General for National Security John P. Carlin and U.S. Attorney Andrew M. Luger for the District of Minnesota announced today a criminal complaint charging Alagie Barrow, 41, for his role in a recent attempted coup in The Gambia. Barrow is charged with conspiracy to violate the Neutrality Act by making an expedition against a friendly nation from the United States and conspiracy to possess a firearm in furtherance of a crime of violence.
On Dec. 30, 2014, there was an unsuccessful attempted coup against the government of The Gambia. The Gambia is a country in West Africa bordered by Senegal and the Atlantic Ocean.
According to the criminal complaint, in December 2014, Barrow traveled from the United States to The Gambia for the purpose of overthrowing the Gambian government. Barrow is a dual U.S./Gambian citizen and a resident of Tennessee. A separately charged co-conspirator, Cherno Njie, a U.S. citizen of Gambian descent and a resident of Texas, is a businessman who served as a financier and a leader of the conspiracy. Had the coup attempt succeeded, Njie and his co-conspirators expected that Njie would have served as the interim leader of the Gambia had the coup attempt succeeded.
According to the criminal complaint, before departing the United States for The Gambia, Barrow participated in conference calls to discuss the operational plan of the coup. Barrow and two others were the primary authors of the operational plan. Prior to departing for The Gambia, the members of the conspiracy purchased multiple firearms, including M4 semi-automatic rifles, and shipped them to The Gambia for use in the coup attempt. Members of the conspiracy also acquired night-vision goggles, body armor, ammunition, black military style uniform pants, boots, and other personal equipment.
According to the criminal complaint, Barrow traveled to The Gambia as part of the “advance party.” Barrow assisted other members of the group when they arrived in The Gambia and was responsible for delivering them to safe houses. Barrow also conducted reconnaissance of the group’s target, the State House.
According to the criminal complaint, on Dec. 30, 2014, a number of the co-conspirators met in the woods near the State House in Banjul, which is the home of the Gambian President, and split into two assault teams. Barrow was not present at that meeting, and waited with Njie in a safe place until the assault teams took control of the facility. Barrow was supposed to escort Njie to the State House and elsewhere after the coup.
According to the criminal complaint, when one of the assault teams approached the State House and fired a shot into the air, the team began taking heavy fire from the guard towers. Numerous conspirators on the assault teams were killed or injured during the failed attempt to take control of the government building. Both Barrow and Njie have since returned to the U.S. and been arrested.
This investigation is being led by the Federal Bureau of Investigation and its partners on Joint Terrorism Task Forces in multiple field offices. Assistant Attorney General Carlin and U.S. Attorney Luger thank the many agents, analysts, and prosecutors in multiple offices who are responsible for this ongoing investigation.
Assistant U.S. Attorneys Charles Kovats and John Marti of the District of Minnesota are prosecuting this case, with assistance from Richard Scott, a Deputy Chief in the Counterespionage Section of the Justice Department's National Security Division. A number of other U.S. Attorney’s Offices, including those in the Middle District of Tennessee, District of Maryland and the Western District of Texas provided critical support during the investigation.
Supplier of Anchorage and Missouri Drug Conspiracies Pleads Guilty to Drug and Money Laundering ConspiracyRead the Press Release
Anchorage, Alaska-U.S. Attorney Karen L. Loeffler announced today that the lead defendant of a drug conspiracy involving nine individuals pled guilty in federal court today. Six of the eight other co-conspirators have previously pled guilty to federal drug charges or been sentenced for their roles in the conspiracy.
Steven N. Taylor, a/k/a "Louis V," a/k/a "Nicky," 43, of Seattle, Washington, pled guilty today in U.S. District Court in Anchorage to Counts 1 and 2 of an Indictment charging a drug and money laundering conspiracy. Taylor admitted that he imported between 15 and 50 kilograms of cocaine to Alaska between 2009 and 2014. In a plea agreement filed with the court, Taylor admitted that he would send parcels of cocaine to Alaska from Washington. In addition, he agreed that he would use bank accounts in other names to launder the proceeds of drug trafficking. Taylor also agreed to plead guilty to a separate but related drug conspiracy indictment currently pending in the Eastern District of Missouri.
Chief U.S. District Court Judge Ralph R. Beistline scheduled Taylor’s sentencing for April 27, 2015. Taylor has been in federal custody since his arrest in Seattle, Washington, in August 2012.
According to the court documents, Taylor, a Washington State resident, was a long-time supplier of cocaine to Alaska. He was previously convicted by the U.S. District Court in the Western District of Washington for Drug Conspiracy in November 1997.
Taylor was indicted along with eight other members of the conspiracy who were located in Anchorage, Fairbanks, Seattle, Washington, and Florida. James Brown, Sr., a/k/a "Unc," of Seattle, was sentenced to 56 months imprisonment on August 11, 2014; Leonard Charles, of Seattle, was sentenced to 60 months imprisonment on April 14, 2014; Gabrielle Haynes, of Fairbanks, was sentenced to 18 months imprisonment on April 11, 2014; and Joseph Irving, of Seattle, was sentenced to 21 months imprisonment on April 2, 2014.
Shawn Cloyd, a/k/a "CC," a/k/a, "Rider," and Timothy Northcutt, a/k/a "OG," a/k/a, "Butch," both from Anchorage, have plead guilty to Drug Conspiracy and currently await sentencing. Joshua Haynes, a/k/a "Lil J," of Fairbanks and Florida, is scheduled to plead guilty to Drug Conspiracy on February 4, 2015.
Etienne Devoe, a/k/a "Tien," a/k/a "Tin," of Fairbanks, is scheduled to go to trial in Anchorage on March 23, 2015.
Taylor faces a maximum sentence of life imprisonment for the drug conspiracy.
Ms. Loeffler commended the Drug Enforcement Administration, the Federal Bureau of Investigation, the United States Postal Service, the Internal Revenue Service Criminal Investigation Division, and the Anchorage Police Department for the investigation leading to the successful prosecution of Mr. Taylor.
Supplier of Anchorage and Missouri Drug Conspiracies Pleads Guilty to Drug and Money Laundering ConspiracyRead the Press Release
Anchorage, Alaska-U.S. Attorney Karen L. Loeffler announced today that the lead defendant of a drug conspiracy involving nine individuals pled guilty in federal court today. Six of the eight other co-conspirators have previously pled guilty to federal drug charges or been sentenced for their roles in the conspiracy.
Steven N. Taylor, a/k/a "Louis V," a/k/a "Nicky," 43, of Seattle, Washington, pled guilty today in U.S. District Court in Anchorage to Counts 1 and 2 of an Indictment charging a drug and money laundering conspiracy. Taylor admitted that he imported between 15 and 50 kilograms of cocaine to Alaska between 2009 and 2014. In a plea agreement filed with the court, Taylor admitted that he would send parcels of cocaine to Alaska from Washington. In addition, he agreed that he would use bank accounts in other names to launder the proceeds of drug trafficking. Taylor also agreed to plead guilty to a separate but related drug conspiracy indictment currently pending in the Eastern District of Missouri.
Chief U.S. District Court Judge Ralph R. Beistline scheduled Taylor’s sentencing for April 27, 2015. Taylor has been in federal custody since his arrest in Seattle, Washington, in August 2012.
According to the court documents, Taylor, a Washington State resident, was a long-time supplier of cocaine to Alaska. He was previously convicted by the U.S. District Court in the Western District of Washington for Drug Conspiracy in November 1997.
Taylor was indicted along with eight other members of the conspiracy who were located in Anchorage, Fairbanks, Seattle, Washington, and Florida. James Brown, Sr., a/k/a "Unc," of Seattle, was sentenced to 56 months imprisonment on August 11, 2014; Leonard Charles, of Seattle, was sentenced to 60 months imprisonment on April 14, 2014; Gabrielle Haynes, of Fairbanks, was sentenced to 18 months imprisonment on April 11, 2014; and Joseph Irving, of Seattle, was sentenced to 21 months imprisonment on April 2, 2014.
Shawn Cloyd, a/k/a "CC," a/k/a, "Rider," and Timothy Northcutt, a/k/a "OG," a/k/a, "Butch," both from Anchorage, have plead guilty to Drug Conspiracy and currently await sentencing. Joshua Haynes, a/k/a "Lil J," of Fairbanks and Florida, is scheduled to plead guilty to Drug Conspiracy on February 4, 2015.
Etienne Devoe, a/k/a "Tien," a/k/a "Tin," of Fairbanks, is scheduled to go to trial in Anchorage on March 23, 2015.
Taylor faces a maximum sentence of life imprisonment for the drug conspiracy.
Ms. Loeffler commended the Drug Enforcement Administration, the Federal Bureau of Investigation, the United States Postal Service, the Internal Revenue Service Criminal Investigation Division, and the Anchorage Police Department for the investigation leading to the successful prosecution of Mr. Taylor.
St. Lucie County Resident Sentenced in Identity Theft SchemeRead the Press Release
A St. Lucie County resident was sentenced to 70 months in prison, followed by three years of supervised release.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Ken J. Mascara, Sheriff, St. Lucie County Sheriff’s Office, made the announcement.
Patrick J. Ward previously pled guilty to one count of possessing fifteen or more access devices and one count of aggravated identity theft.
According to court documents, during a search warrant of Ward’s residence, law enforcement recovered two notebooks, 4 apartment applications, 55 Lexis automobile printouts, and 43 printouts of inmate information from the Florida Department of Corrections that contained a total of 572 other individuals’ names and social security numbers. Ward purchased the notebooks for $200, and obtained the Lexis customer information printouts from an employee who worked at Lexis on US l in Fort Pierce. Ward paid the Lexis employee about $80 worth of oxycodone pills for the printouts that she accessed and printed from a work computer located at her office.
According to court documents, a cell mate of Ward’s was interested in buying any social security numbers that Ward could come across to be used to prepare false tax returns. Ward admitted that he bought all the notebooks and papers to resell for profit.
Mr. Ferrer commended the investigative efforts of IRS-CI and the St. Lucie County Sheriff’s Office. The case was prosecuted by Assistant U.S. Attorney Courtney L. Coker.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Silk Road Drug Vendor Pleads Guilty to Drug Trafficking ChargesRead the Press Release
Baltimore, Maryland – David Lawrence Handel, age 26, of Columbus, Ohio pleaded guilty yesterday to drug trafficking charges in connection with the sale of drugs via Silk Road, an online, international marketplace for users to buy and sell controlled substances, false identifications and other contraband over the Internet.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge William Winter of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Assistant Special Agent in Charge Gary Tuggle of the Drug Enforcement Administration, Baltimore District Office; Acting Postal Inspector in Charge David M. McGinnis of the U.S. Postal Inspection Service - Washington Division; Special Agent in Charge Brian Murphy of the United States Secret Service - Baltimore Field Office; and Special Agent in Charge Thomas J. Kelly of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office.
According to his plea agreement, Handel contacted buyers of methylone, and other synthetic drugs via Silk Road. Handel accepted payment electronically through Silk Road and shipped drugs via the U.S. Postal Service to customers in Maryland, throughout the United States and in foreign countries.
In 2012, federal agents in Maryland assigned to an Organized Crime Drug Enforcement Task Force made several undercover purchases of drugs, including methylone, from Handel. Handel shipped the methylone to Maryland.
On August 21, 2012, U.S. Customs and Border Protection intercepted a package of synthetic drugs coming from China and addressed to Handel in Columbus, Ohio. Handel picked up the package of synthetic drugs the next day from his local post office. Federal agents arrested Handel after leaving the post office with the drugs. Handel also had a Glock firearm strapped to his ankle. Another firearm was seized from his car. Agents recovered additional drugs, including over 600 grams of methylone from Handel’s apartment, and three more firearms.
At the time of his arrest, Handel confessed to being a longstanding drug trafficker on the Silk Road website. He admitted to buying the drugs from a supplier in China, and having them shipped to him via U.S. mail. Handel admitted to spending $4,800 on his most recent shipment from China.
Handel faces a maximum sentence of 20 years in prison for conspiring to traffic drugs; and a minimum of five years and a maximum of life in prison for using and carrying a firearm in relation to drug trafficking. Chief U.S. District Judge Catherine C. Blake scheduled sentencing for May 15, 2015 at 12:00 p.m.
In a similar case, on September 5, 2014 Chief Judge Blake sentenced a former drug vendor on the Silk Road website, Jacob Theodore George IV, age 33, of Edgewood, Maryland, to six years in prison for conspiracy to distribute and possess with intent to distribute drugs, including heroin.
United States Attorney Rod J. Rosenstein praised HSI Baltimore, DEA, U.S. Postal Inspection Service, U.S. Secret Service and IRS-Criminal Investigation for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Sandra Wilkinson, who is prosecuting this Organized Crime Drug Enforcement Task Force case.
Shreveport Man Sentenced to 30 Years in Prison for Receiving Child PornographyRead the Press Release
SHREVEPORT, La. – United States Attorney Stephanie A. Finley announced today that a Shreveport man was sentenced to 360 months in prison for receiving child pornography.
Aaron Wikkerink, 44, was sentenced by U.S. District Judge S. Maurice Hicks Jr. on one count of receiving child pornography. He was also sentenced to serve five years of supervised release and is required to register as a sex offender. According to evidence presented at the October 1, 2014, guilty plea, Wikkerink admitted to downloading child pornography online from April 7, 2012 until April 24, 2012. Law enforcement agents executed a search warrant at Wikkerink’s residence and found child pornography on several electronic storage devices depicting prepubescent children in sexually explicit situations. Wikkerink was previously convicted of child molestation.
“This office is dedicated to the protection of children,” Finley stated. “We have and will continue to make the prosecution of child exploitation and child pornography cases a priority. Those who hide behind technology to conduct these heinous acts should know that the internet is not a safe haven for their crimes. I want to thank our federal, state, and local partners who work so diligently to investigate and uncover these threats to children.”
United Stated Department of Homeland Security (Shreveport) and the Louisiana Attorney General’s Office investigated the case. Assistant U.S. Attorney Earl M. Campbell prosecuted the case.
This case is part of Project Safe Childhood, a U.S. Department of Justice nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, visit www.projectsafechildhood.gov.
The U.S. Attorney’s Office and the U.S. Department of Homeland Security/Homeland Security Investigations/Immigration & Customs Enforcement (ICE) encourages the public to report suspected child predators and any suspicious activity through its toll-free hotline at (866) DHS-2ICE. Investigators are available at all hours to answer hotline calls. Tips or other information can also be submitted to ICE online at www.ice.gov/exec/forms/hsi-tips/tips.asp.Shreveport Fire Department Dispatcher Sentenced to 25 Months in Prison for Child Pornography PossessionRead the Press Release
SHREVEPORT, La. – United States Attorney Stephanie A. Finley announced today that a dispatcher with the Shreveport Fire Department was sentenced to 25 months in prison for possessing child pornography.
Shreveport Fire Department Dispatcher Stephen St. John, 46, of Shreveport, was sentenced by U.S. District Judge Elizabeth E. Foote on one count of possession of child pornography. He was also sentenced to five years of supervised release. According to evidence presented at the September 18, 2014, guilty plea, law enforcement agents discovered that St. John was a member of a secret internet file posting board that distributed child pornography. His home was searched on September 5, 2013 and several computers, external hard drives, memory cards, DVDs and diskettes were seized. An examination of the seized items revealed pubescent and prepubescent males engaged in explicit sexual activity.
The U.S. Postal Inspection Service, Homeland Security Investigations, U.S. Marshals Service and the Louisiana State Police investigated the case. Assistant U.S. Attorney Cytheria D. Jernigan prosecuted the case.This case is part of Project Safe Childhood, a U.S. Department of Justice nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The U.S. Attorney’s Office and the U.S. Department of Homeland Security/Homeland Security Investigations/Immigration & Customs Enforcement (ICE) encourage the public to report suspected child predators and any suspicious activity through its toll-free hotline at (866) DHS-2ICE. Investigators are available at all hours to answer hotline calls. Tips or other information can also be submitted to ICE online at www.ice.gov/exec/forms/hsi-tips/tips.asp. Tips may be reported anonymously
Ship Operator Admits to Covering up the Deliberate Discharge of Oil and Ordered to Pay $1.8 MillionRead the Press Release
Baltimore, Maryland – The Hachiuma Steamship Co., LTD pleaded guilty today to violating the Act to Prevent Pollution from Ships (APPS), arising from the failure to maintain an accurate oil record book concerning the illegal disposal of oil residue and bilge water overboard the cargo vessel M/V Selene Leader. Chief U.S. District Judge Catherine C. Blake sentenced Hachiuma Steamship today to pay $1.8 million, and placed it on probation for three years during which it is to develop an environmental compliance program.
The plea and sentence were announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division John C. Cruden; and Coast Guard Captain Kevin Kiefer, Captain of the Port of Baltimore.
“The Coast Guard is trying to send a message to the maritime industry that environmental compliance is not optional and that deliberate violators will be apprehended. The sentence fits the crime because it includes a requirement that these defendants develop and implement a comprehensive environmental compliance program that will be ensured by outside auditors. Companies that get caught can expect a much closer look,” said Coast Guard Captain Kevin Kiefer, Captain of the Port of Baltimore.
The M/V Selene Leader was operated by Hachiuma Steamship Co, LTD, a Japanese company, between August 2013 and the end of January 2014. The M/V Selene Leader transported vehicles to and from ports in the United States, including the Port of Baltimore. Noly Torato Vidad was the chief engineer, and Ireneo Tomo Tuale was the first engineer on board the vessel.
According to the plea agreement, in January 2014, engine room crew members of the vessel under the supervision of Vidad and Tuale transferred oily wastes between oil tanks on board the ship using rubber hoses and then illegally bypassed pollution control equipment and discharged the oily wastes overboard into the ocean. Before such waste can be discharged into the sea, the law requires that it must first pass through an oil water separator, and the operation must be recorded in the vessel’s oil record book for inspection by the U.S. Coast Guard.
The M/V Selene Leader arrived in Baltimore on January 29, 2014 with an oil record book that failed to include entries reflecting the discharge of oily water and oily waste directly into the ocean. The Coast Guard boarded the ship for inspection the next day. During the inspection, Mr. Vidad tried to hide the illegal discharges of oil by falsifying the oil record book, destroying documents, lying to Coast Guard investigators, and instructing subordinate crew members to lie to the Coast Guard.
Of the total $1.8 million penalty paid at today’s sentencing, $450,000 was made payable to the National Fish and Wildlife Foundation to fund projects benefitting the Chesapeake Bay, and
$250,000 was awarded to a whistleblower on board the M/V Selene Leader who alerted the Coast Guard about the illegal activities on board the vessel, provided a video showing the illegal transfers of oily wastes and assisted in the Coast Guard’s investigation of the case.
Noly Torato Vidad, age 47, and Ireneo Tomo Tuale, age 63, both of the Philippines, previously pleaded guilty to their participation in the scheme and are scheduled to be sentenced in federal court in Baltimore on February 20 and March 3, 2015, respectively.
United States Attorney Rod J. Rosenstein and Assistant Attorney General John C. Cruden praised the Coast Guard Investigative Service for its work in the investigation and thanked Special Assistant U.S. Attorney David P. Kehoe, of the Environmental Crimes Section of the U.S. Department of Justice, and Assistant United States Attorney P. Michael Cunningham, who prosecuted the case.
Second California Woman Pleads Guilty to Wire Fraud and Aggravated Identity Theft for Retail Fraud SchemeRead the Press Release
BOISE – Rocio Contreras-Loya, 40, of Sante Fe Springs, California, 31, pleaded guilty today in United States District Court to one count of wire fraud and one count of aggravated identity theft, U.S. Attorney Wendy J. Olson announced. Sentencing is set for April 27, 2015, before Chief U.S. District Judge B. Lynn Winmill.
Contreras-Loya was indicted, along with Arleen Cifuentes, 31, of Riverside, California, and Ivan Fonseca, 30, of Richmond, California in September 2014, for wire fraud, aggravated identity theft, and possession of fifteen or more unauthorized access devices. According to the plea agreement, Contreras-Loya engaged in a retail scheme between July 2013 and July 2014, whereby she defrauded retail stores by applying for, and obtaining, credit accounts in the identities of unknowing third party victims. Contreras-Loya then used the credit accounts to fraudulently purchase merchandise and gift cards. Contreras-Loya admitted she received, from co-defendant Cifuentes, victim identification information and false California Driver's Licenses in the victims' names, containing Contreras-Loya's photo. Contreras-Loya admitted that she and her co-defendants executed the scheme on at least fifteen occasions in the District of Idaho. Cifuentes and Contreras-Loya were arrested shortly after executing the scheme at the Boise Town Square Mall.
Wire Fraud is punishable by up to 20 years imprisonment, a $250,000 fine, a term of supervised release of not more than three years, and a $100 special assessment. Aggravated Identity Theft is punishable by a mandatory minimum term of imprisonment of two years, a term of supervised release of not more than one year, a maximum fine of $250,000, and a special assessment of $100. As part of her plea, Contreras-Loya also agreed to forfeit $26,777.13 in cash proceeds of the charged offenses.
Co-defendant Arleen Cifuentes pled guilty to one count of Wire Fraud and one count of Aggravated Identity Theft on January 27, 2015. Her sentencing is also scheduled for April 27th before Chief U.S. District Judge B. Lynn Winmill. Co-defendant Ivan Fonseca remains a fugitive.
The case was investigated by the United States Secret Service and the Boise Police Department.
Rockford Man Sentenced to 62 Months in Federal Prison for Bank RobberyRead the Press Release
ROCKFORD — A Rockford man was sentenced today in federal court for bank robbery. PEDRO J. CORDERO, 52, of Rockford, Ill., was sentenced by U.S. District Judge Frederick J. Kapala to 62 months in federal prison, to be followed by 3 years of supervised release, for the robbery of BMO Harris Bank, N.A., 2510 S. Alpine Rd., Rockford, Ill., on July 12, 2014. Cordero was also ordered to pay restitution to the bank.
Cordero pleaded guilty to the charge on Oct. 3, 2014. According to the written plea agreement, on July 12, 2014, Cordero, wearing an inside out San Antonio Spurs baseball cap and carrying a white and blue Kane County Cougars umbrella, robbed BMO Harris Bank. The next day, Cordero was stopped by the Rockford Police for a traffic violation. In his car, Cordero possessed the San Antonio Spurs baseball hat he had worn and the blue and white Kane County Cougars umbrella that he had carried the previous day during the BMO Harris Bank robbery, as well as $10,000 in U.S. currency from the bank robbery.
In addition, Cordero admitted in the plea agreement to robbing the U.S. Bank located at 1107 East State St., Rockford, Ill., on May 8, 2014, and the Associated Bank located at 4400 Center Terrace, Rockford, Ill., on June 2, 2014. The court ordered that Cordero pay full restitution to those banks as well.
The sentencing was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; Robert J. Holley, Special Agent-in-Charge of the Chicago Office of Federal Bureau of Investigation; and Chet Epperson, Chief of the Rockford Police Department.
The government was represented by Assistant U.S. Attorney Scott R. Paccagnini.
Rochester Man Indicted for Producing False Military Id Cards and Making False StatementsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned an indictment charging Mark Allen Kelly, 54 of Rochester, NY, with producing false military ID cards and making false statements to federal agents. Each charge carries a penalty of up to five years in prison and a $250,000 fine.Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that according to the indictment, Kelly misrepresented himself to his employer and the community as being an Officer in the United States Navy. The defendant regularly wore full dress naval uniforms at Veterans events. This included a memorial for a fallen Marine killed in Afghanistan where Kelly presented a flag to the Marine’s parents. When questioned, the defendant supported his false claims by presenting an authentic looking, but fraudulently made, military ID card.
The defendant’s conduct came to the attention of the Naval Criminal Investigative Service (NCIS) who began a criminal investigation. During the investigation, Kelly was interviewed by NCIS Agents and made several false material statements. Investigators also recovered several false military ID cards in various stages of production from the defendant’s place of employment.
The defendant will be arraigned before U.S. Magistrate Judge Jonathan W. Feldman on February 5, 2015 at 9:30 a.m.
The indictment is the culmination of an investigation by Special Agents of the Naval Criminal Investigative Service, under the direction of Special Agent in Charge Leo Lamont, NCIS Northeast Field Office.
The fact that the defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Rhode Island Resident Sentenced to 1o Years in Prison on Firearms, Drug ChargesRead the Press Release
PROVIDENCE, R.I. – Philip DeBartolo, 30, of Scituate, was sentenced today to 120 months in federal prison for being a felon in possession of 12 firearms, and manufacturing and distributing marijuana, announced United States Attorney Peter F. Neronha and Daniel J. Kumor, Special Agent in Charge of the Boston Field Divisionof the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
At sentencing, U.S. District Court Chief Judge William E. Smith also ordered DeBartolo to serve 4 years of supervised release upon completion of his prison term. DeBartolo pleaded guilty on October 3, 2014 to four counts of being a felon in possession of a firearm (involving a total of 12 firearms), one count of possession of a firearm with an obliterated serial number, one count of manufacture of marijuana, one count of manufacture of marijuana near a school, and four counts of marijuana distribution.
No plea agreement was filed in this matter.
According to court documents, on numerous occasions beginning in August 2013, an undercover ATF agent communicated with and met with DeBartolo to purchase three firearms, including a sawed-off shotgun, for between $300 and $400 dollars. In addition, on several occasions, DeBartolo sold the agent plastic bags containing approximately one ounce of marijuana, each for between $200 and $225 dollars. DeBartolo thought he was selling the guns to a gang member for use in gang violence.
On January 15, 2014, ATF agents, with the assistance of Scituate Police and DEA agents, executed a court authorized search of DeBartolo’s residence and seized six semi-automatic pistols, five of which had high capacity magazines, three revolvers, and a substantial amount of ammunition. Many of the items were located hidden beneath the floor boards of a second floor storage room. Agents and officers also seized 31 marijuana plants from the basement of the residence.
According to court records and information presented to the court, DeBartolo was convicted in Rhode Island state court in 2005 on felony assault, drive-by shooting and firearm charges.
United States Attorney Peter F. Neronha commented: “The defendant here is a dangerous man involved in an extremely dangerous business. No stranger to committing acts of violence with illegal firearms himself, he was willing to sell guns to anyone willing to pay – including those whom he knew were likely to use those guns in violence against others. Money, not lives, is what mattered to this defendant. Ten years in a federal prison is plenty of time to reflect on that choice of priorities.”
“Today’s sentencing demonstrates ATF’s commitment to targeting prohibited individuals from possessing and trafficking in firearms,” said Daniel J. Kumor, ATF Special Agent in Charge of the Boston Field Division. “ATF will continue to collaborate with our law enforcement partners to eliminate these types of crimes and remove firearms from illegal commerce.”
The use of the defendant’s residence for criminal conduct made the residence subject to forfeiture to the United States. The United States Attorney is pursuing the defendant’s residence in civil forfeiture proceedings. Additionally, all of the guns and associated magazines and ammunition seized in this case have been forfeited to the Government.
The case was prosecuted by Assistant U.S. Attorney Milind M. Shah.
To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Project Manager Pleads Guilty to Lying to Inspectors Regarding Asbestos Removal from Former Federal BuildingRead the Press Release
Contact Person: Winston David Holiday, Jr (803) 929-3000
Columbia, South Carolina ---- United States Attorney Bill Nettles stated today that Albert Dickson, age 61, of Red Bank, New Jersey, has entered a guilty plea in federal court in Charleston, to Making a False Statement Under the Clean Water Act, a violation of 33 U.S.C. § 1319(c)(4). United States District Judge Patrick Michael Duffy of Charleston accepted the guilty plea and will sentence Dickson at a later date.
Evidence presented at the change of plea hearing established that Albert Dickson was the project manager overseeing renovations of the L. Mendel River Federal Building in Charleston in the spring and early summer of 2011. SC DHEC inspectors visited the site in June and noticed asbestos violations, including sweeping asbestos-containing materials down open drains. When questioned, Dickson indicated that a filtration system had been in place at the time of the inspections. Evidence indicated that it had not been installed until after June 6, 2011, when the violations were observed.
Mr. Nettles stated the maximum penalty for Making a False Statement Under the Clean Water Act is imprisonment for 2 years and/or a fine of $10,000.
United States Attorney Bill Nettles stated, “I am particularly pleased that we held accountable an individual who valued this particular project above the health and safety of the citizens of Charleston. We hope this guilty plea serves as a reminder that, where environmental violations are found, they will be punished.”
The case was investigated by agents of the United States Environmental Protection Agency and the South Carolina Department of Health and Environmental Control. Assistant United States Attorney Winston David Holliday, Jr. of the Columbia office is prosecuting the case.
#####Professional Cattle Thief Pleads Not GuiltyRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Jason Amidon, 27, of Coudersport, Pennsylvania, was arraigned yesterday in United States District Court in Burlington, and pleaded not guilty to charges that he knowingly offered as payment for 53 Vermont cows a counterfeit certified check in the amount of $100,000, and unlawfully transported those cows from Lyndonville, Vermont, to auction in Greencastle, Pennsylvania. U.S. Magistrate Judge John M. Conroy ordered the defendant detained pending trial, which has not been scheduled.
On January 15, 2015, a federal grand jury in Burlington returned a two count indictment accusing Amidon of uttering a counterfeit check and unlawfully transporting 53 stolen cows across state lines. According to the complaint filed earlier in the case, on January 1, 2015, Amidon and his father traveled to a Lyndonville farm and presented a counterfeit check to the Vermont farmer, as payment for 53 Belted Galloway cattle, a heritage pedigree breed of cattle. Amidon represented the $100,000 to be an initial payment, with the $20,000 balance to be paid to the farmer at a later date. Amidon’s father then drove the cows to auction in Pennsylvania.
According to documents filed in court yesterday, this is Amidon’s fourth cattle fraud case. Two previous Pennsylvania state cases that resulted in misdemeanor convictions concerned similar cattle frauds, and at the time of the instant offense, the defendant was facing state charges in Pennsylvania that involved the fraudulent promise of cattle for $135,000, which Amidon unlawfully pocketed.
The United States Attorney emphasizes that the charges in the indictment are merely accusations and that the defendant is presumed innocent unless and until he is proven guilty. If convicted on the charges in the instant indictment, Amidon faces up to ten years of imprisonment and a fine of up to $250,000. The actual sentence would be determined with reference to federal sentencing guidelines.
This case is being investigated by the Vermont State Police in cooperation with the Federal Bureau of Investigation. Pennsylvania State Police were also instrumental in the investigation and arrest in Coudersport, Pennsylvania.
Amidon is represented by Assistant Federal Public Defender Elizabeth Quinn. The prosecutor is Assistant U.S. Attorney Abigail Averbach.
Previously Convicted Bank Robber Exiled to over 9 Years in Prison for Committing 3 Bank RobberiesRead the Press Release
Baltimore, Maryland – Chief U.S. District Judge Catherine C. Blake sentenced Robert Rednowers, age 44, of Baltimore, today to 114 months in prison followed by three years of supervised release for bank robbery.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; Chief James W. Johnson of the Baltimore County Police Department; and Baltimore County State’s Attorney Scott Shellenberger.
According to Rednowers’ plea agreement, he committed three bank robberies between November 21 and December 4, 2013. In each robbery, Rednowers provided a note to the teller stating the he had a gun and threatening to shoot if the teller did not provide the money he demanded.
Specifically, Rednowers robbed the Suntrust Bank in Parkville, Maryland, on November 21, 2013, stealing $1,810; and robbed the M&T Bank on East Joppa Road on November 26, 2014 stealing $3,645 and again on December 4, 2013, stealing $4,150. The surveillance photos from each robbery clearly depict Rednowers.
Rednowers was previously convicted on federal bank robbery charges in 2001.
United States Attorney Rod J. Rosenstein commended the FBI and Baltimore County Police Department and Baltimore County State’s Attorney’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney Bonnie S. Greenberg, who prosecuted the case.
Pharmacist Sentenced to 78 Months in Prison for Attempting to Weaponize Deadly Toxins and Possessing Narcotics Manufacturing EquipmentRead the Press Release
TRENTON, N.J. – A licensed pharmacist was sentenced today to 78 months in prison for attempting to weaponize the lethal toxins ricin and abrin and for possessing a prohibited flask intending to use it to manufacture illegal narcotics, New Jersey U.S. Attorney Paul J. Fishman announced.
Jordan S. Gonzalez, 34, of New York, formerly of Jersey City, New Jersey, previously pleaded guilty before U.S. District Judge Mary L. Cooper to an information charging him with the offenses.
“The sentence imposed today on Jordan Gonzalez is an appropriate response to his efforts to manufacture and deploy toxins as deadly weapons,” U.S. Attorney Fishman said. “He was preparing for a violent confrontation that fortunately never occurred because the excellent response by our law enforcement partners stopped him before anyone was hurt.”“Jordan Gonzalez had in his possession the ingredients and equipment necessary to manufacture dangerous biological toxins and explosives, as well as, a cache of weapons and ammunition,” FBI Acting Special Agent in Charge Eric Welling said. “Due to the tireless efforts of the FBI Joint Terrorism Task Force and the Drug Enforcement Administration, the imminent threat posed by Gonzalez did not become a reality. Prevention is the FBI’s priority, so I would like to remind the citizens of New Jersey to remain vigilant and contact the FBI or their nearest law enforcement department if they see or hear anything suspicious.”
“Mr. Gonzalez’ sentencing sends a clear message that attempting to produce weapons of mass destruction cannot be tolerated,” Carl J. Kotowski, Special Agent in Charge of the Drug Enforcement Administration’s New Jersey Division, said. “The dedicated men and women of DEA will continue to work tirelessly to keep criminals such as Mr. Gonzalez from being a threat to society.”
According documents filed in this case and statements made in court:
From Sept. 18, 2011, through March 19, 2013, Gonzalez purchased thousands of seeds containing ricin and abrin, and materials to extract and administer those toxins to others, including filtering equipment, respirators and glass vials. Even small doses of ricin and abrin are lethal to humans if ingested, inhaled or injected – causing death within 36 to 72 hours from the time of exposure. There are no known antidotes.
Gonzalez also obtained conventional weapons, such as crossbows, spraying devices, and other items to deliver the toxins. He admitted he attempted to make these toxins in preparation for future confrontations with others. Gonzalez also obtained firearms, body armor, and precursor materials for the manufacture of military-grade explosives and improvised explosive devices. Gonzalez made the purchases through an online marketplace through which third-party vendors in the United States and abroad sell products to members of the public. Gonzalez learned how to extract toxins from the seeds and about methods to administer them to other persons from manuals he acquired. He also acquired manuals for making improvised explosive devices and synthesizing explosive compounds.
On Nov. 8, 2013, while living in Manhattan, Gonzalez purchased one kilogram of sodium azide, a toxic, gas-forming compound that can explode at high temperatures and is lethal if ingested or absorbed through the skin. Law enforcement officers intercepted the delivery during the investigation.
On Nov. 14, 2013, Gonzalez was arrested in Jersey City and search warrants were executed at three locations he used: apartments in Manhattan and Jersey City and a storage unit in Jersey City. Collectively, material collected through the searches included thousands of seeds containing ricin and abrin; explosive precursor chemicals; manuals related to toxins, explosives and improvised explosive devices; approximately 1,000 rounds of ammunition, handguns, components for assault rifles, and high-capacity magazines; a bulletproof vest; and books and documents related to the collapse of social order and techniques for surviving in a lawless environment.
Gonzalez also acquired manuals for synthesizing controlled substances, including methylenedioxyamphetamine (MDA) and methylenedioxymethamphetamine (MDMA), also known as “ecstasy.” He bought and had delivered to the Jersey City apartment a three-neck round-bottom flask, gel capsules and an encapsulating machine, as well as precursor chemicals used in the manufacture of MDA and MDMA. Possession of that type of flask is prohibited if intended for use in the manufacturing of controlled substances.
In addition to the prison term, Judge Cooper sentenced Gonzalez to five years of supervised release.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Acting Special Agent in Charge Welling in Newark, and the DEA, under the direction of Special Agent in Charge Kotowski in New Jersey, with the investigation leading to today’s sentencing. He also thanked members of FBI Newark’s Joint Terrorism Task Force; FBI’s New York Office and Weapons of Mass Destruction Directorate and Laboratory Division; DEA’s New York Division; and the New Jersey Office of Homeland Security and Preparedness for their work on the case; as well as the police and fire departments of Jersey City and the City of New York, as well as the New Jersey State Police for their assistance.
The government is represented by Assistant United States Attorneys L. Judson Welle and Francisco J. Navarro of the U.S. Attorney’s Office National Security Unit in Newark. Valuable support was provided by attorneys of the Department of Justice’s National Security Division – Counterterrorism Section.
15-040Defense counsel: Steven Ross Esq., New York
Gonzalez, Jordan Sentencing Slides
Pharmacist Sentenced to 78 Months in Prison for Attempting to Weaponize Deadly Toxins and Possessing Narcotics Manufacturing EquipmentRead the Press Release
A licensed pharmacist was sentenced today to 78 months in prison for attempting to weaponize the lethal toxins ricin and abrin and for possessing a prohibited flask intending to use it to manufacture illegal narcotics, U.S. Attorney Paul J. Fishman for the District of New Jersey announced.
Jordan Gonzalez, 34, of New York, formerly of Jersey City, New Jersey, previously pleaded guilty before U.S. District Judge Mary L. Cooper to an information charging him with the offenses.
“The sentence imposed today on Jordan Gonzalez is an appropriate response to his efforts to manufacture and deploy toxins as deadly weapons,” said U.S. Attorney Fishman. “He was preparing for a violent confrontation that fortunately never occurred because the excellent response by our law enforcement partners stopped him before anyone was hurt.”
“Jordan Gonzalez had in his possession the ingredients and equipment necessary to manufacture dangerous biological toxins and explosives, as well as, a cache of weapons and ammunition,” FBI Acting Special Agent in Charge Eric Welling said. “Due to the tireless efforts of the FBI Joint Terrorism Task Force and the Drug Enforcement Administration, the imminent threat posed by Gonzalez did not become a reality. Prevention is the FBI’s priority, so I would like to remind the citizens of New Jersey to remain vigilant and contact the FBI or their nearest law enforcement department if they see or hear anything suspicious.”
“Mr. Gonzalez’ sentencing sends a clear message that attempting to produce weapons of mass destruction cannot be tolerated,” said Special Agent in Charge Carl J. Kotowski of the Drug Enforcement Administration’s (DEA) New Jersey Division. “The dedicated men and women of DEA will continue to work tirelessly to keep criminals such as Mr. Gonzalez from being a threat to society.”
According documents filed in this case and statements made in court:
From Sept. 18, 2011 through March 19, 2013, Gonzalez purchased thousands of seeds containing ricin and abrin and materials to extract and administer those toxins to others, including filtering equipment, respirators and glass vials. Even small doses of ricin and abrin are lethal to humans if ingested, inhaled or injected – causing death within 36 to 72 hours from the time of exposure. There are no known antidotes.
Gonzalez also obtained conventional weapons, such as crossbows, spraying devices and other items to deliver the toxins. He admitted he attempted to make these toxins in preparation for future confrontations with others. Gonzalez also obtained firearms, body armor and precursor materials for the manufacture of military-grade explosives and improvised explosive devices. Gonzalez made the purchases through an online marketplace through which third-party vendors in the United States and abroad sell products to members of the public. Gonzalez learned how to extract toxins from the seeds and about methods to administer them to other persons from manuals he acquired. He also acquired manuals for making improvised explosive devices and synthesizing explosive compounds.
On Nov. 8, 2013, while living in Manhattan, Gonzalez purchased one kilogram of sodium azide, a toxic, gas-forming compound that can explode at high temperatures and is lethal if ingested or absorbed through the skin. Law enforcement officers intercepted the delivery during the investigation.
On Nov. 14, 2013, Gonzalez was arrested in Jersey City and search warrants were executed at three locations he used: apartments in Manhattan, Jersey City and a storage unit in Jersey City. Collectively, material collected through the searches included thousands of seeds containing ricin and abrin, explosive precursor chemicals, manuals related to toxins, explosives and improvised explosive devices, approximately 1,000 rounds of ammunition, handguns, components for assault rifles, high-capacity magazines, a bulletproof vest, and books and documents related to the collapse of social order and techniques for surviving in a lawless environment.
Gonzalez also acquired manuals for synthesizing controlled substances, including methylenedioxyamphetamine (MDA) and methylenedioxymethamphetamine (MDMA), aka ecstasy. He bought and had delivered to the Jersey City apartment a three-neck round-bottom flask, gel capsules and an encapsulating machine, as well as precursor chemicals used in the manufacture of MDA and MDMA. Possession of that type of flask is prohibited if intended for use in the manufacturing of controlled substances.
In addition to the prison term, U.S. District Judge Cooper sentenced Gonzalez to five years of supervised release.
U.S. Attorney Fishman credited special agents of the FBI under the direction of Special Agent in Charge Ford in Newark, New Jersey, and the DEA under the direction of Special Agent in Charge Kotowski in New Jersey with the investigation leading to today’s sentencing. He also thanked members of FBI Newark’s Joint Terrorism Task Force, FBI’s New York Office and Weapons of Mass Destruction Directorate Laboratory Division, DEA’s New York Division, the New Jersey Office of Homeland Security and Preparedness for their work on the case, the police and fire departments of Jersey City and the city of New York and the New Jersey State Police for their assistance.
The government is represented by Assistant U.S. Attorneys L. Judson Welle and Francisco J. Navarro of the U.S. Attorney’s Office National Security Unit in Newark. Valuable support was provided by attorneys of the Department of Justice’s National Security Division – Counterterrorism Section.
Oregon Man Sentenced for Attempted Transfer of Obscene Material to a MinorRead the Press Release
BOISE - Scott L. Austin, 52, of Portland, Oregon, was sentenced today by visiting Senior District Judge Justin L. Quackenbush to 12 months and one day in prison followed by three years of supervised release for to attempted transfer of obscene material to a minor, U.S. Attorney Wendy J. Olson announced. He pleaded guilty on October 28, 2014.
According to the plea agreement, Austin admitted that on various occasions between the summer of 2011, and October 2013, he engaged in sexually explicit chats with an undercover police officer and a person he believed was the officer’s minor child. Austin admitted that on August 9, 2011, while chatting online with the supposed minor, whom he had been told was 13 years old, in a chat room titled “Incest,” he sent three sexually explicit images accompanied by contemporaneous sexually explicit chats directed at the minor. The images he sent appeared to be minor females engaging in sexually explicit conduct, although the identity and ages of the persons depicted could not be determined. In August and September of 2013, Austin emailed the detective in his undercover capacity and said he was going to be in Boise and asked to meet with him and his daughter.
Austin showed up at the predetermined location on October 11, 2013. A detective and a young female police officer waited at the location. Austin drove by several times and sent a text message, “got spooked,” and asked, “Are you a cop?” Austin requested that the two individuals kiss as he drove by so he could see them. Then, Austin stopped and had a brief conversation with the undercover detectives. He said that he was curious and that he may not have enough time tonight, and he wanted to see about meeting tomorrow.
Austin also told the male undercover officer that, “I would feel comfortable if she would just like flash me,” suggesting that the female show her breasts. Austin then said, “Maybe we should try to get together tomorrow.” The detective asked him if he had a hotel room, or where they would go and Austin said he could get a hotel room. He further stated, “I have been kind of curious; I just don’t know if I want to cross that line. So I am just nervous about it.” Austin also said he wanted to see the female clearer to determine if she was the same person he had seen in photos (the undercover detective had previously sent G-rated images of the female detective to Austin, claiming she was his “daughter”), and asked the detectives to turn their dome light on so he could see her. He then said he wanted to go, and drove away.
The case was investigated by the Boise Police Department, which is a member of the Idaho Internet Crimes Against Children (ICAC) Task Force, a statewide coalition of local, state and federal law enforcement and prosecution agencies, focused on apprehending and prosecuting individuals who use the Internet to criminally exploit children. For more information about the Idaho ICAC Task Force and a list of all the participating agencies, visit www.icactaskforce.org.
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.”
Ocean Shipping Executive Pleads Guilty to Price Fixing on Ocean Shipping Services for Cars and TrucksRead the Press Release
An executive of Japan-based Kawasaki Kisen Kaisha Ltd. (K-Line) pleaded guilty today and was sentenced to 18 months in a U.S. prison for his involvement in a conspiracy to fix prices, allocate customers and rig bids of international ocean shipping services for roll-on, roll-off cargo, such as cars and trucks, to and from the United States and elsewhere, the Department of Justice announced today.
According to the one-count felony charge filed today in U.S. District Court for the District of Maryland in Baltimore, Hiroshige Tanioka, who was at various times an assistant manager, team leader and general manager in K-Line’s car carrier division, conspired to allocate customers and routes, rig bids and fix prices for the sale of international ocean shipments of roll-on, roll-off cargo to and from the United States and elsewhere, including the Port of Baltimore. Tanioka participated in the conspiracy from at least as early as April 1998 until at least April 2012.
Roll-on, roll-off cargo is non-containerized cargo that can be both rolled onto and off of an ocean-going vessel. Examples of this cargo include new and used cars and trucks and construction and agricultural equipment.
"For more than a decade this conspiracy has raised the cost of importing cars and trucks into the United States,” said Assistant Attorney General Bill Baer for the Department of Justice’s Antitrust Division. “Today’s sentencing is a first step in our continuing efforts to ensure that the executives responsible for this misconduct are held accountable.”
Today’s sentence was the first to be imposed against an individual in the division’s ocean shipping investigation. Previously, three corporations have agreed to plead guilty and to pay criminal fines totaling more than $136 million, including Tanioka’s employer K-Line, which was sentenced to pay a criminal fine of $67.7 million in November 2014.
Pursuant to the plea agreement, which was accepted by the court today, Tanioka was sentenced to serve an 18-month prison term and pay a $20,000 criminal fine for his participation in the conspiracy. In addition, Tanioka has agreed to assist the department in its ongoing investigation into the ocean shipping industry.
Tanioka was charged with a violation of the Sherman Act, which carries a maximum sentence of 10 years in prison and a $1 million criminal fine for an individual. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.
Today’s plea agreement is the result of an ongoing federal antitrust investigation into price fixing, bid rigging and other anticompetitive conduct in the international roll-on, roll-off ocean shipping industry, which is being conducted by the Antitrust Division’s Washington Criminal I Section and the FBI’s Baltimore Field Office, along with assistance from the U.S. Customs and Border Protection Office of Internal Affairs, Washington Field Office/Special Investigations Unit. Anyone with information in connection with this investigation is urged to call the Antitrust Division’s Washington Criminal I Section at 202-307-6694, visit www.justice.gov/atr/contact/newcase.html or call the FBI’s Baltimore Field Office at 410-265-8080.
Nine Individuals Indicted for the Murder of an Officer and Employee of the United StatesRead the Press Release
On Jan. 28, 2015, a federal grand jury in the District of Puerto Rico returned a six-count indictment charging nine individuals for the murder of Lieutenant Osvaldo Albarati-Casanas, a correctional officer of the Federal Bureau of Prisons, U.S. Attorney Rosa Emilia Rodríguez Vélez for the District of Puerto Rico announced.
The indictment charges that, on or about Feb. 26, 2013, in the District of Puerto Rico, Oscar Martínez-Hernández aka “Cali,” Ángel D. Ramos-Cruz aka “Api,” Miguel Díaz-Rivera aka “Bolo,” Juan Quiñones-Meléndez aka “El Manco,” Orlando Mojica-Rodríguez aka “Yogui,” Jayson Rodríguez-González aka “Gonzo,” Carlos Rosado-Rosado aka “Cano,” Alexander Rosario de León aka “Coquí,” and Jancarlos Velázquez-Vázquez aka “Jan,” the defendants herein, together with other persons known and unknown to the grand jury, aiding and abetting each other, did with premeditation and malice aforethought unlawfully kill Lieutenant Albarati-Casanas, an officer and employee of the United States, while he was engaged in and on account of the performance of his official duties.
Counts one and two are charges related to the murder of Lieutenant Albarati-Casanas. Counts three and four are charges related to the murder for hire of Lieutenant Albarati-Casanas. Finally, counts five and six are charges related to the firearms used in the commission of the violent felonies, murder and murder for hire.
Count two of the indictment sets forth the participation of the nine defendants in the conspiracy to commit murder. The purpose and object of the conspiracy was that the defendants would carry out the murder of Lieutenant Albarati-Casanas, thereby eliminating him as a correctional officer at the Metropolitan Detention Center and as a means of ensuring that the officer would no longer exercise his substantial investigative authority against the defendants and be unable to conduct seizures of contraband, including cellular phones, which were forbidden at the detention facility.
According to the indictment, defendants Martínez-Hernández, Ramos-Cruz and Díaz-Rivera solicited another person(s) and financed the plan to murder Lieutenant Albarati-Casanas. Defendants Quiñones-Meléndez and Mojica-Rodríguez provided a vehicle, four Glock .40 fully automatic pistols and a cellular phone to defendants Rodríguez-González, Rosado-Rosado and Rosario de León to murder Lieutenant Albarati-Casanas. Defendant Velázquez-Vázquez served as driver to Mojica-Rodríguez and participated in the plan to murder the victim.
“Throughout his law enforcement career, Lieutenant Albarati’s service was both selfless and courageous,” said U.S. Attorney Rodríguez-Vélez. “With this action, we continue our work to hold accountable those who carried out this reprehensible and senseless act. And in all that we do, the Department of Justice will continue to honor Lieutenant Albarati’s sacrifice, to safeguard the community he served, and to protect the values and principles he defended all his life.”
“In February 2013, Lieutenant Osvaldo Albarati’s life was spontaneously and brutally robbed from him, his family and friends, his partners, and the good people across the Federal Bureau of Prisons,” said Special Agent in Charge Carlos Cases of the FBI. “It is my sincerest hope that, while it took some time, the tireless and selfless effort of the men and women who worked to solve this case brings justice and closure to Albarati’s family. The FBI has always been and will continue to be relentless in the pursuit of justice.”
The murder of government employees and officials is a crime punishable by death or imprisonment for any terms of years or for life. Murder for hire is a crime punishable by death or imprisonment for any terms of years or for life. Possession of a firearm in furtherance of an attempted crime of violence is a crime punishable by a minimum penalty of 10 years and a maximum penalty of death or imprisonment for any term of years or for life.
Criminal indictments are only charges and not evidence of guilt. A defendant is presumed to be innocent until and unless proven guilty.
The case was investigated by the FBI with the collaboration of the Puerto Rico Police Department. The case is being prosecuted by Assistant U.S. Attorney Julia Díaz-Rex for the District of Puerto Rico and Trial Attorney Julie Mosley from the Justice Department’s Criminal Division Capital Crimes Unit.
Newark, New Jersey, Man Sentenced to 20 Years in Prison for Robbing Stores in Essex and Hudson CountiesRead the Press Release
TRENTON, N.J. - A man who robbed 11 stores in Newark, Harrison and Jersey City between September 2012 and April 2013 was sentenced today to 240 months in prison, U.S. Attorney Paul J. Fishman announced.
Christopher Mojica, 24, previously pleaded guilty before U.S. District Judge Joel A. Pisano to an information charging him with one count of Hobbs Act conspiracy, one count of Hobbs Act robbery and one count of discharging a firearm in furtherance of a crime of violence. Judge Pisano imposed the sentence today in Trenton federal court.
According to documents filed in this case and statements made in court:
Mojica conspired with others to rob commercial establishments as follows:
New Barbershop
Newark
September 14, 2012
Newark
September 2012
Amcare Pharmacy
Newark
November 13, 2012
Summer Pharmacy
Newark
December 11, 2012
Community Health Pharmacy
Newark
January 19, 2013
Delson Jewelry
Newark
February 8, 2013
Pharmacy Plus
Harrison
February 21, 2013
Forest Hill Pharmacy
Newark
April 4, 2013
Montgomery Pharmacy
Jersey City
April 15, 2013
Harris Pharmacy
Newark
April 16, 2013
Delta Gas Station
Newark
April 19, 2013
Mojica and his conspirators robbed each of these establishments at gunpoint, stealing cash, oxycodone pills, jewelry and other items. During the Delta Gas Station robbery on April 19, 2013, Mojica robbed the gas station attendant at gunpoint while a conspirator served as the “lookout.” Mojica fired a .45 caliber semi-automatic handgun as he fled the scene.
In addition to the prison term, Judge Pisano sentenced Mojica to five years of supervised release. Restitution will be determined at a later date.
U.S. Attorney Fishman credited special agents with the FBI, under the direction of FBI Acting Special Agent in Charge Eric Welling in Newark, with the investigation leading to today’s sentencing. He also thanked the Newark, Harrison and Jersey City police departments, along with the Essex County and Hudson County prosecutor’s offices for their work on this case.
The government is represented by Assistant U.S. Attorney Dara Aquila Govan of the Organized Crime/Gangs Unit in Newark.
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Defense counsel: Paulette Pitt Esq., Woodbridge, New Jersey
New Orleans Man Indicted for Violations of the Federal Controlled Substances ActRead the Press Release
U.S. Attorney Kenneth A. Polite announced that RASHAD LEWIS, age 37, a resident of New Orleans, was charged today in a one-count Indictment for violations of the Federal Controlled Substances Act.
According to the Indictment, LEWIS possessed with the intent to distribute and distributed a mixture or substance containing a detectable amount of cocaine base.
If convicted, LEWIS faces up to twenty years imprisonment, a fine of up to $1,000,000, and at least three years of supervised release following any term of imprisonment.
U. S. Attorney Polite reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the Drug Enforcement Administration in investigating this matter. Assistant United States Attorney David Haller is in charge of the prosecution.
National Slavery and Human Traffic Prevention Month: US Attorney and Iowa DOT CollaborationRead the Press Release
Contact: Steve Young
The United States Attorney for the Northern District of Iowa and Iowa’s Motor Vehicle Enforcement (MVE) joined forces at the Flying J Travel Plaza and Road Ranger Truck Stop in Evansdale, Iowa, over the lunch hour on January 30, 2015, to bring awareness to the multi-million dollar criminal enterprise of human trafficking.
President Barack Obama proclaimed January as National Slavery and Human Trafficking Prevention Month. In his proclamation, he expressed we all should be working together to combat human trafficking, prosecute the perpetrators, and help victims recover and rebuild their lives. President Obama stated, “We stand with the survivors, advocates, and organizations dedicated to building a world where our people and our children are not for sale.”
US Attorney Kevin W. Techau joined forces with MVE Chief David Lorenzen, at the two truck stops near Waterloo, Iowa, to address the national criminal enterprise of human trafficking, a term for modern-day slavery. Techau noted, “Human trafficking is a scourge that threatens lives across the globe. It happens every minute of every day. Traffickers recruit out of our schools, online, in shopping malls, as well as the streets and other locations.” He further noted, “These victims are often women and girls pressed into prostitution, but they are also men, women, and children who are ordered to work in restaurants, massage parlors, and private homes for no pay under deplorable conditions. These vulnerable victims need to be identified and rescued.”
United States Attorneys’ Offices across the country, in partnership with the DOJ’s Human Trafficking Prevention Unit and Child Exploitation and Obscenity Division, have played a significant role in prosecuting human traffickers. Over 800 cases between fiscal years 2009-2014 were prosecuted for labor and sex trafficking crimes.
In 2009, Truckers Against Trafficking (or TAT), a nonprofit organization, was created as a way to bring education, awareness and empowerment to truck drivers across the nation to spot and report signs of human trafficking. Truck drivers are often in areas where trafficking can occur. Being able to spot the signs and knowing how to report suspicious behavior can go a long way in fighting this crime. TAT Executive Director, Kendis Paris endorses Iowa’s collaborative approach. “Bringing law enforcement and key industry stakeholders together to further awareness and combat trafficking is what our organization is all about,” Ms. Paris notes that Iowa has set the standard for the rest of the nation with its proactive approach.
Chief Lorenzen serves on TAT’s national board and has been active in addressing this issue within the state. “It was common sense that thrust Iowa into becoming active in fighting this hideous criminal nightmare. Our officers take this initiative seriously and interact with trucker drivers and concerned citizens daily.”
He highlighted the department’s numerous initiatives that serve as a model around the nation, stressing, “A conversation about fighting human trafficking occurs with every truck driver his 130 officers encounter.” He noted that Iowa’s model includes the distribution of wallet cards and window clings to drivers following each encounter with department officers. Educational materials are available at rest stops and weigh stations. TAT’s logo and national hotline number is prominently displayed on the department’s website. Additionally, last year training for enforcement agencies along the Interstate 80 and 35 corridors was held. Chief Lorenzen also mentioned that his department has a strong working relationship with the Iowa Motor Truck Association and various motor carriers centering on this initiative.
Techau and Lorenzen pledged to keep this issue on the front burner as they continue their collaborative relationship to educate, investigate, prosecute, and help victims rebuild their lives.
The Truckers Against Trafficking website is a good resource to inform truck drivers and other travelers on the issues involved.
Visit TAT’s website at: https://www.truckersagainsttrafficking.orgFor more information in this issue you may visit either PSA link below:
https://www.youtube.com/watch?v=LREG8RYUeFU
https://www.youtube.com/watch?v=x32XMAutyyw
Morgantown man convicted of cocaine traffickingRead the Press Release
CLARKSBURG, WEST VIRGINIA – Andre J. Anderson, 34, of Morgantown, West Virginia, was convicted in federal court today of cocaine trafficking, United States Attorney William J. Ihlenfeld, II, announced.
An investigation by the Mon Valley Drug and Violent Crime Task Force revealed that Anderson sold nearly 500 grams of cocaine in Morgantown, West Virginia. He pled guilty today to one count of “Distribution of Cocaine.” He faces up to 20 years in prison and a fine of up to $1,000,000.00. 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 John Parr is prosecuting the case on behalf of the government.
U.S. District Judge Irene M. Keeley presided.
Miller Man Indicted for Shooting at AirplaneRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a Miller, Mo., man has been indicted by a federal grand jury for shooting at an airplane.
David Leroy Dickenson, 38, of Miller, was charged in an indictment returned under seal by a federal grand jury in Springfield, Mo., on Jan. 20, 2015. That indictment was unsealed and made public following Dickenson’s arrest and initial court appearance. Dickenson remains in federal custody pending the court’s ruling on a detention motion.
The federal indictment alleges that Dickenson attempted to set fire to, damage, destroy, disable and wreck a 1997 S2R 510 Thrush aircraft on Dec. 3, 2014. Dickenson allegedly shot a firearm at an aircraft engaged in crop dusting then attempted to dispose of the firearm to prevent its discovery by law enforcement.
Dickinson cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Supervisory Assistant U.S. Attorney Michael S. Oliver. It was investigated by the FBI.
Many Resident Sentenced to 10 Years in Prison for Felon in Possession of a FirearmRead the Press Release
SHREVEPORT, La. – United States Attorney Stephanie A. Finley announced today that a Many resident was sentenced to 120 months in prison for possessing a shotgun and ammunition after being convicted of multiple felonies.
Jerry Kenneth Thompson Jr., 45, of Many, La., was sentenced by U.S. District Judge Elizabeth E. Foote on one count of possessing a firearm and ammunition after a felony conviction. He was also sentenced to serve three years of supervised release after he completes his prison term.
According to evidence presented at the September 25, 2014, guilty plea, Louisiana Department of Wildlife and Fisheries (LDWF) agents discovered Thompson on December 31, 2013, in possession of a 12-gauge shotgun and ammunition while hunting on private property without permission and using a stolen deer stand. Thompson admitted to LDWF agents that he had prior felony convictions and knew he could not possess a firearm. Further investigation confirmed that Thompson had 26 convictions. Seven of the felony convictions were in California and included two convictions for grand theft, possession of marijuana with intent to sell, second degree burglary of a vehicle, possession with intent to sell a controlled substance with a gang affiliation enhancement, transportation of a controlled substance, and possession for sale of cocaine base. Thompson also had a prior felony conviction in Sabine Parish for simple burglary.
This case is part of Project Safe Neighborhoods, which is a Department of Justice initiative designed to reduce firearm crimes by removing dangerous and persistent felons from the community and promote firearm safety.
The ATF and the Louisiana Department of Wildlife and Fisheries investigated the case. Assistant U.S. Attorney Robert W. Gillespie Jr. prosecuted the case.
Mandeville Man Charged with Embelzzling $2.8 Million from EmployerRead the Press Release
U.S. Attorney Kenneth A. Polite announced that MICHAEL SAPERA, a resident of Mandeville, Louisiana, was charged today in a four-count Bill of Information with bank fraud, aggravated identity theft, and wire fraud in violation of Title 18, United States Code, Sections 1344, 1028A, and 1343. SAPERA committed these violations when he embezzled approximately $2.8 million from his employer over a 19-year period.
According to court documents, SAPERA, a Certified Public Accountant (“CPA”), was employed at Company “A,” a retail clothing business headquartered in New Orleans, beginning in 1990. SAPERA most recently functioned as the Chief Financial Officer (“CFO”) and Director of Information Technology for Company “A.” As the CFO of Company “A,” SAPERA had access to all corporate bank accounts as well as access to the corporate PayPal account.
First, beginning in July 1996, and continuing through April 2014, SAPERA stole approximately $2,192,500 in corporate checks belonging to Company “A.” SAPERA forged the signature of his employer on approximately 430 stolen corporate checks which SAPERA then endorsed to himself. SAPERA then deposited the stolen checks into his personal bank account.
Next, beginning on July 15, 2011, and continuing to August 18, 2014, SAPERA transferred corporate funds from Company “A’s” bank account to SAPERA’s personal account without authorization, consent, or knowledge by the owners of Company “A.” In total, SAPERA initiated and caused 45 wire transfers from Company “A’s” bank account to his personal bank account totaling $582,080.
Finally, beginning on June 16, 2014, and continuing to October 1, 2014, SAPERA transferred $35,000 in corporate funds from Company “A’s” PayPal account to SAPERA’s personal PayPal account without authorization, consent, or knowledge by the owners of Company “A.” SAPERA then transferred the money into his personal bank account.
In all, SAPERA’S criminal conduct resulted in an illegal gain to him in the amount of $2,809,580, and caused his employer/victim, Company “A,” to incur a total loss for restitution purposes of approximately $2,847,752.
U.S. Attorney Polite reiterated that a Bill of Information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Kenneth A. Polite praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant United States Attorney Matt Coman is in charge of the prosecution.
Mississippi Man Pleads Guilty to Possession of a Firearm by a Convicted FelonRead the Press Release
Jackson, Miss –Otis McGee, 31, of Choctaw, Mississippi, pled guilty on January 29, 2015, before U.S. District Judge Henry T. Wingate, to one count of possession of a firearm by a convicted felon, U.S. Attorney Gregory K. Davis announced today. The crime occurred on the Tribal lands of the Mississippi Band of Choctaw Indians. McGee will be sentenced on April 26, 2015 and faces a maximum penalty of ten years in prison and a $250,000 fine.
The case was investigated by the Mississippi Band of Choctaw Indians Police Department, the Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Patrick Lemon is prosecuting the case.
Los Angeles Pharmaceutical Company Barred from Distributing Unapproved Prebiotic Feminine Health Care ProductsRead the Press Release
The Department of Justice today announced the entry of a consent decree of permanent injunction involving pharmaceutical company, Laclede Inc. and its president, Michael A. Pellico, concerning the distribution of unapproved over-the-counter vaginal drug products made by the company.
The consent decree, approved by U.S. District Judge Percy Anderson for the Central District of California on Jan. 29, permanently enjoins Laclede and Pellico from interstate distribution of unapproved drug products sold under the name Luvena Prebiotic unless and until these products receive approval by the U.S. Food and Drug Administration (FDA). The drug products include: Luvena Prebiotic Vaginal Moisturizer & Lubricant; Luvena Prebiotic Feminine Wipes; Luvena Prebiotic Enhanced Personal Lubricant; and Luvena Prebiotic Daily Therapeutic Wash.
Among other things, the decree also authorizes the FDA to order Laclede and Pellico to stop manufacturing products or to recall distributed products should the FDA determine that there is a violation of the terms of the decree.
Moreover, for the next five years, Laclede must notify the FDA before the company markets any new Luvena product or modify product labeling, and the company may not legally market such products until the FDA tells the company it may do so.
“We are pleased that the court has approved the consent decree,” said Acting Assistant Attorney General Joyce R. Branda for the Justice Department’s Civil Division. “The department will continue to partner with the FDA to vigorously enforce laws that protect women and other consumers against companies that make unapproved claims about health care products that are sold over the counter, as was the case with Laclede’s Luvena Prebiotic products.”
The consent decree resolves a lawsuit brought by the department in June 2014. According to the allegations in the complaint, the sale and distribution of the Luvena Prebiotic products, which were manufactured by Laclede at its Rancho Dominguez, California, facility, violated various provisions of the Federal Food, Drug, and Cosmetic Act.
The act generally prohibits the distribution in interstate commerce of any drug for which the FDA has not given the required premarket approval. Moreover, the act prohibits the distribution of drugs that are misbranded, including drugs that fail to comply with FDA labeling regulations for over the counter drugs.
The complaint alleged that since 2010, Laclede had sold one or more of the Luvena Prebiotic products without the required FDA approval. The complaint also alleged that Laclede and Pellico ignored repeated FDA warnings that the company must obtain FDA approval before distributing one or more of the Luvena Prebiotic products in interstate commerce.
Furthermore, the complaint alleged that the company had made unapproved claims on its websites, Facebook page and Twitter feed that the Luvena Prebiotic products balanced vaginal bacterial flora and/or treated or prevented vaginal infections. For instance, according to examples described in the government’s complaint, Laclede made numerous unapproved claims on its product labels or on the company’s websites, Facebook page or Twitter feed that its Laclede Prebiotic products would “rebalance” vaginal bacterial flora, correct pH and reduce or minimize vaginal infections.
For instance, the company’s Twitter feed posted: “If your vagina pH isn’t slightly acidic, correct it with Luvena Prebiotics and rebalance the flora for fewer infections.”
Moreover, Laclede’s Facebook page posted: “Yes, Luvena Prebiotics absolutely do help dryness, but their enzymes help with pH also . . . If you have frequent vaginal infections, use Luvena Prebiotics every two weeks — see if it stops your infections.”
The lawsuit was filed by the Civil Division’s Consumer Protection Branch in Washington, D.C., and was handled by Trial Attorney David A. Frank. Assistance for the lawsuit was provided by Yen P. Hoang of the FDA’s Office of Chief Counsel in Silver Spring, Maryland.
Lee County Attorney Pleads Guilty to Federal Felony ChargeRead the Press Release
ABINGDON, VIRGINIA – A Lee County, Virginia, attorney, who failed to take appropriate action after learning his assistant was stealing money from the accounts of an elderly woman for whom he was appointed conservator of accounts, pled guilty today in the United States District Court for the Western District of Virginia in Abingdon.
Joseph W. Rasnic, age 62, of Jonesville, Virginia, waived his right to be indicted and pled guilty this afternoon to a one count Information charging him with misprision of felony.
“Mr. Rasnic failed to protect the assets of an elderly woman for whom he had been appointed conservator of accounts and instead protected the criminal activity of his assistant,” Acting United States Attorney Anthony P. Giorno said today. “This is certainly a sad day for everyone involved in this case, including Mr. Rasnic and his family. Nevertheless, we will vigorously prosecute attorneys and others who fail to ensure that money entrusted to them is protected.”
According to evidence presented by Assistant United States Attorney Randy Ramseyer, Rasnic operated a law office in Jonesville, Virginia, where Mandie Marie Bishop worked as his secretary and assistant. Rasnic admitted today he became aware Bishop was committing bank fraud by forging signatures to facilitate her theft of money from various bank accounts held by an elderly woman for whom Rasnic had been appointed conservator of accounts. Bishop obtained funds by forging Rasnic’s signature on checks.
Rasnic admitted after becoming aware of Bishop’s thefts he failed to remove her access to the accounts, which allowed her to continue stealing from the victim. In addition, Rasnic withheld information from law enforcement about Bishop’s behavior and actively sought to hide the extent of her criminal activity.
When questioned by agents of the United States Secret Service, Rasnic failed to disclose his knowledge of the full extent of Bishop’s criminal activity and lied about the nature of his personal relationship with Bishop.
In July 2014, Rasnic resigned and was removed as the conservator of the victim’s accounts. Between May 2013 and August 2014, Rasnic paid back $104,990 into the victim’s accounts. As part of the plea agreement, Rasnic was required to pay back all of the money taken by Bishop as well as his guardian and conservator fees and unnecessary expenses caused by the mismanagement of the victim’s accounts. The total amount required to be repaid, including the amount already paid, was $183,726. Rasnic submitted the remaining $78,736 today. Accordingly, the victim will receive full restitution.
Rasnic was released on a $10,000 unsecured bond. At sentencing, scheduled for May 28, 2015, he faces a maximum possible penalty of up to three years in prison and a fine of up to $250,000. Mandie Marie Bishop previously pled guilty to bank fraud charges and, in December 2014, was sentenced to 24 months of federal incarceration. There is no parole in the federal system.
The investigation of the case was conducted by the United States Secret Service. Assistant United States Attorney Randy Ramseyer is prosecuting the case for the United States.
Lake Charles Tax Preparer Pleads Guilty to Making False Tax ReturnRead the Press Release
LAKE CHARLES, La. – United States Attorney Stephanie A. Finley announced that the owner of a Lake Charles tax preparation business pleaded guilty Thursday to underreporting income on his tax returns over a three-year period.
Randall Joseph Carrier Jr., 41, of Cypress, Texas, pleaded guilty before U.S. District Judge Patricia Minaldi on one count of making and subscribing a false tax return. According to the guilty plea, Carrier, who owns and operates Taxx Enterprises Inc. of Lake Charles, failed to report approximately $189,961 of income on his 2007, 2008 and 2009 tax returns, which resulted in an estimated loss of $66,366 to the IRS. The majority of missing income came from customer tax preparation fees that Carrier did not report.
“Tax preparers are not above the law,” Finley stated. “When they use their businesses to take advantage of the system and avoid paying taxes, they will be prosecuted and held accountable. “Preparing false tax returns is a serious crime. My office stands ready to assist the IRS in investigating these cases.”
“We are pleased with the guilty plea entered today by Mr. Carrier,” stated Acting Special Agent in Charge of IRS Criminal Investigation Jerome R. McDuffie. “The tax system is built on the premise that taxpayers file accurate and timely tax returns. Mr. Carrier was in the business of preparing tax returns for others and willfully failed to report a significant amount of his own income. To ensure confidence in our tax system, special agents of IRS Criminal Investigation are committed to the aggressive pursuit and prosecution of individuals who intentionally violate the nation's laws.”
Carrier faces up to three years in prison, one year of supervised release, a $100,000 fine and restitution. A sentencing date of April 30, 2015 was set.The IRS investigated the case. Assistant U.S. Attorneys Howard C. Parker and Robert E. Moore are prosecuting the case.
Justice Department Reaches Agreement with Nueces County, Texas, to Improve Accessibility of Services and ProgramsRead the Press Release
The Department of Justice announced today an agreement with Nueces County, Texas, to resolve issues of accessible entry inside buildings that offer county services and programs, in violation of the Americans with Disabilities Act (ADA). This year marks the 25th anniversary of the ADA, which the Civil Rights Division plays a critical role in enforcing. In honor of the anniversary, each month the Department of Justice will spotlight efforts that are opening gateways to full participation and opportunity for people with disabilities.
Nueces County and the U.S. Department of Justice reached an agreement under Project Civic Access (PCA), the department’s wide-ranging initiative to ensure that cities, towns and counties throughout the country comply with the ADA. One of the hallmarks of the agreement is the requirement that the county will assess all existing web content and online services for conformance with industry guidelines—the Web Content Accessibility Guidelines (WCAG) 2.0—for making web content accessible.
The agreement with Nueces County will allow people with disabilities, like Marshall Burns, who was invited to present at the Coastal Bend Hurricane Conference in Nueces County. Unfortunately, when Burns tried to register online for the conference, he wasn’t able to do so because he is blind. The forms on the county website were incompatible with the software program that reads text out loud to him. Experiences like this, however, will become a thing of the past over the next three years thanks to the PCA agreement. You can learn more about Burns’ story by checking out the Justice Department blog where we will highlight each month different ways the ADA benefits people with disabilities.
Under the agreement announced today, Nueces County, Texas, will also ensure that people with disabilities—especially people who use wheelchairs and other mobility devices—can get inside buildings that offer county services and programs. That means the county will renovate everything from entrances, service areas and counters, restrooms, and parking so that people with disabilities can get into county buildings and use services and programs the county offers. Sidewalks and curb cuts all over the county will also be targeted—another change that promises to significantly improve life for people with disabilities in Nueces County.
“Over the past 15 years, nearly 220 communities have signed agreements with the Department of Justice to ensure that their citizens with disabilities enjoy the same services, programs and activities that all others enjoy,” said Acting Assistant Attorney General Vanita Gupta for the Civil Rights Division. “Participation in and enjoyment of the benefits of the services, programs and activities provided by local government is a fundamental civil right and the ADA is shaping the way local municipalities deliver their services to people with disabilities.”
For more information about the ADA, today’s agreement, the Project Civic Access initiative, individuals may access the ADA Web page at http://www.ada.gov/civicac.htm or call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY).
Identity Thief Sentenced to More Than Ten Years in Federal PrisonRead the Press Release
Tampa, Florida – U.S. District Judge Charlene Edwards Honeywell has sentenced Cordell Jones to ten years and one month in federal prison for conspiracy to commit wire fraud. As part of his sentence, the Court also entered a money judgment in the amount of $1,469,435, the proceeds of the charged criminal conduct. Jones pleaded guilty on November 5, 2014.
According to court documents, Jones conspired with several others to defraud the IRS by filing false and fraudulent income tax returns using the names and Social Security numbers of unwitting individuals. Jones obtained the personal identifying information from a relative who had stolen the data from a financial institution where she worked. The conspirators filed 526 fraudulent returns claiming $5,063,954 in refunds and succeeded in obtaining more than $1.4 million from the IRS.
This case was investigated by the Internal Revenue Service – Criminal Investigation and the United States Postal Inspection Service. It was prosecuted by Assistant United States Attorney Bob Mosakowski.