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Friday 28 November 2014
Rapid City Man Charged with Sexual AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for one count of Aggravated Sexual Abuse by Force and one count of Sexual Abuse of a Person Incapable of Consenting.
Ronnie Keith Circle Bear, age 51, was indicted on November 13, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 26, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, at least 5 years up to life of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on June 23, 2014, at Eagle Butte, Circle Bear caused the victim to engage in a sexual act by the use of force. On that same date, Circle Bear is alleged to have engaged in a sexual act with a person that was incapable of declining, when Circle Bear knew the victim was so incapacitated.
The charges are merely accusations and Bear Eagle is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.
Circle Bear was released on bond pending trial. A trial date has not been set.
North Dakota Man Charged with Robbery and AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Fort Yates, North Dakota, man has been indicted by a federal grand jury for Robbery, Assault with a Dangerous Weapon, Assault of an Intimate Partner by Strangulation, and Assault Resulting in Substantial Bodily Injury to an Intimate Partner.
Alton Wood, age 33, was indicted on November 13, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 24, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 15 years in custody and/or a $250,000 fine, 3 years of supervised release, and $400 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about August 14, 2014, Wood took an undetermined amount of money from his intimate partner, assaulted her with a screwdriver which resulted in substantial bodily injury, and strangled and suffocated her.
The charges are merely accusations and Wood is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Wood was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
McLaughlin Man Charged with Aggravated Sexual Abuse by ForceRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse by Force.
Marc Dog Eagle, age 49, was indicted on November 13, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 24, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, up to life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about October 23, 2014, Dog Eagle knowingly engaged in, and attempted to engage in, a sexual act by the use of force with a female victim.
The charge is merely an accusation and Dog Eagle is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Dog Eagle was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Marion Woman Pleads Guilty to Multiple FraudsRead the Press Release
Follow @SDILNewsTajuana L. Sullivan, 27, of Marion, Illinois, entered pleas of guilty in federal district court to fraud in a scheme to defraud and embezzle from U.S. Bank on November 26, 2014, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today. Sullivan faces a total prison sentence of up to 37 years, to be followed by up to three years of supervised release, a fine of up to $1,000,000, and mandatory restitution. Sentencing has been scheduled for March 26, 2015.
Facts revealed in Court showed that on February 19, 2013, deputies with the Shelby County Sheriff’s Office conducted a traffic stop on a car driven by Sullivan. A search of the car revealed over 50 debit cards and a notebook with names and identifying information. Using this evidence, the IRS located internet protocol (IP) addresses, employers, occupations, and electronic filing identification numbers (EFIN), which revealed a tax refund scheme, part of which involved stolen identities. The data provided by the IRS consisted of 2011 and 2012 tax returns, which were filed during the years 2012 and 2013, respectively. This tax refund scheme consisted of approximately 86 federal income tax returns, which claimed approximately $283,700 in fraudulent tax refunds.
This case was investigated by the Internal Revenue Service/Criminal Investigations, the Postal Inspection Service, the Secret Service, and the Shelby County Sheriff's Office. The prosecution is assigned to Assistant United States Attorney Norman R. Smith.
Dispensary Operator Indicted for Endangering Lives After Explosion Related to the Illegal Manufacturing of Hash OilRead the Press Release
SAN DIEGO – San Diego resident Steve Elar Mora is charged in a federal grand jury indictment unsealed today with various drug and weapons charges, including endangering human life while illegally manufacturing hashish oil, after an explosion at the marijuana dispensary that he operated alerted authorities to the location.
According to court records, the explosion allegedly occurred due to an illicit Butane Honey Oil lab operating at the marijuana dispensary. Butane Honey Oil is an extremely potent form of tetrahydrocannabinol, or THC, the chemical responsible for most of marijuana's psychological effects.
The product, known as “butane hash oil” or “honey oil,” is made by dissolving marijuana using dangerous substances such as butane – or lighter fluid - and selling the resulting residue to users at over twice the price of other high quality marijuana products.
Efforts to extract hash oil are on the rise. According to the DEA, in 2014 alone there have been eight fires or explosions related to the illegal production of Butane Honey Oil. Since October 2011, there have been approximately 20 BHO fires/explosions in San Diego County.
The explosion connected to the indictment of Mora occurred on July 21, 2014, at the Greenworks Dispensary in the Clairemont area of San Diego. While executing a search warrant after the explosion, law enforcement also found a handgun and ammunition at the dispensary. According to the indictment, Mora has been convicted of two state felonies and is not allowed to possess a firearm under federal law.
Law enforcement also searched Mora’s residence, located near Mission Bay High School, in the Pacific Beach area. At his residence, DEA agents found an AR-15 assault rifle among his possessions.
The process of extracting THC from marijuana is known as “blasting.”
Marijuana is tightly packed into an extraction device such as a glass, plastic, or metal tube. A butane canister is then sprayed into the top of the extraction device. The butane strips the plant matter of its cannabinoid-containing oils, which drip from the bottom of the extraction device, often through a filter and into a holding container. The resulting honey-like mixture of psychotropic plant oil and chemicals is then purified to improve the quality of the product. The end product is highly-profitable and can be ingested as an oil, consumed in edibles or solidified to make concentrated forms of cannabis known as “wax.” In an act called “dabbing,” dabs of wax are vaporized and inhaled with the use of electronic cigarettes and other vaporizing devices.
During the different purification methods, butane, a flammable gas that is odorless, colorless, and heavier than air, can evaporate out of the substance and collect on the floor, accumulating to explosive levels without proper ventilation. Thus, while chemists are in the process of manufacturing BHO, they may simultaneously create an invisible risk of explosion.
Given the popularity of BHO in the marijuana market, the inexpensive equipment needed to manufacture BHO, and the countless how-to-blast videos posted on YouTube, hash oil labs are multiplying, as are explosions.
Mora made his first appearance in court today before U.S. Magistrate Judge Jan M. Adler, who set a detention hearing for Monday at 2 p.m. He also scheduled a motions hearing before U.S. District Judge Barry Ted Moskowitz for Dec. 19.
DEFENDANTS Steve Elar Mora Age: 34 San Diego, California CHARGESCount 1: Manufacturing of Marijuana and Hashish Oil-21 U.S.C. § 841(a)(1)
Maximum penalty: 20 years’ imprisonment and $1,000,000 fine
Count 2: Conspiracy to Manufacture/Distribute Hashish Oil -21 U.S.C. §§ 841(a)(1) and 846
Maximum penalty: 5 years’ imprisonment and $250,000 fineCount 3: Maintaining Drug-Involved Premises -21 U.S.C. § 856(a)(1)
Maximum penalty: 20 years’ imprisonment and $500,000 fineCount 4: Endangering Human Life While Illegally Manufacturing Hashish Oil -21 U.S.C. § 858
Maximum penalty: 10 years’ imprisonment and $250,000 fineCount 5,6: Felon in Possession of Firearm and Ammunition-18 U.S.C. § 922(g)(1)
Maximum penalty: 10 years’ imprisonment and $500,000 fineCount 7: Possession of Firearm in Furtherance of Drug Trafficking Crime-18 U.S.C. § 924(c)
INVESTIGATING AGENCY
Mandatory 5 years’ imprisonment consecutive to drug trafficking sentenceDrug Enforcement Agency
*Indictments and complaints are not evidence that the defendant committed the crime charged. All defendants are presumed innocent until the United States meets its burden in court of proving guilt beyond a reasonable doubt.
DeLand Man Charged with Sexual Exploitation of ChildrenRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces the return of an indictment charging David Jacob William Guite (30, DeLand) with producing, distributing, receiving, and possessing child pornography. If convicted, he faces a mandatory minimum penalty of 15 years in federal prison and a potential life term of supervision. Guite was arrested on October 29, 2014, at his residence in DeLand, Florida, pursuant to a federal criminal complaint. During his initial court appearance, he was ordered detained pending trial.
According to the criminal complaint, an agent with the Federal Bureau of Investigation, acting in an undercover capacity, posted an advertisement on an online website for individuals who have a sexual interest in children and incest. Guite responded to the agent’s advertisement and, during the ensuing conversation, sent the agent sexually explicit images of a male child.
On October 29, 2014, FBI agents executed a federal search warrant at Guite’s residence. During an interview, he admitted to manufacturing, possessing, and distributing multiple sexually explicit images of minor children. A search and subsequent analysis of Guite’s smart phone revealed sexually explicit images of a male child taken during the time of the conversation with the undercover FBI agent.
An indictment and a criminal complaint are merely formal charges that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent until, and unless, proven guilty.
This case was investigated by the Federal Bureau of Investigation, the DeLand Police Department, and the Volusia County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Embry J. Kidd.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, 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.
Additional Charges Filed Against Five Men Known as the “Tat-Gang” for Distribution of Heroin and Crack Cocaine in WilliamsportRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today the return of a 12-count second superseding indictment by a federal grand jury in Williamsport on November 26 charging the following Williamsport and Philadelphia men with conspiracy to distribute heroin, crack cocaine, and cocaine and other drug distribution and firearms violations:
Defendant Age Recent Address
ALPHONSO BATTEN 27 Williamsport
aka “Bugatti”
aka “Boo”
THEODORE SHOCKLEY III 22 Williamsport
aka “Glock”
STEVEN OLIVER SINGLETARY 27 Williamsport
aka “Steven Carter”
SHARIF JONES 22 Williamsport
aka “Reef”
aka “Chief Reef”
aka “Bucketz”
MALIKI HASSAN CHAPMAN 27 Philadelphia
Aka “Terrence Wallace”Batten, Shockley, and Jones were indicted previously in September 2014. The superseding indictment includes a new co-defendant, Maliki Chapman, who is charged with conspiring with the other defendants to distribute heroin, crack cocaine, and cocaine powder.
According to United States Attorney Peter Smith, the indictment alleges that from January 2010 through the date of the indictment the co-conspirators distributed heroin, crack cocaine, and cocaine to drug users and sellers in Williamsport and in Lycoming and Tioga Counties.
The five men, who were known as the “Tat-Gang,” allegedly used mobile phones, social media, three addresses in Williamsport, and multiple motor vehicles in their drug distribution activities. The co-conspirators allegedly bought, sold, traded, and possessed firearms in exchange for cash and controlled substances and to facilitate the distribution of controlled substances.
Shockley and Singletary are also charged with illegal possession of firearms, and Shockley is charged with using and carrying a firearm during a drug trafficking crime. Allegations in indictment also seek forfeiture of two firearms and proceeds from the criminal offenses totaling $1.75 million.
The case was investigated by the Williamsport Bureau of Police, the Pennsylvania State Police, and the Federal Bureau of Investigation. The prosecution is assigned to Assistant United States Attorney George J. Rocktashel.
If convicted of the conspiracy and drug distribution offenses charged in the indictment, the defendants face a maximum penalty of life in prison, a mandatory minimum sentence of ten years’ imprisonment, a maximum fine of $10 million, and a supervised release term of at least five years. In addition Shockley faces a consecutive mandatory five-year prison term if convicted of using and carrying a firearm during a drug trafficking crime.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Wednesday 26 November 2014
West Milford Woman Sentenced for Falsifying Tax ReturnRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Tara Tighe, Public Affairs SpecialistCLARKSBURG, WEST VIRGINIA – Pamela S. Bailey, 55, of West Milford, West Virginia, was sentenced to one year and one day in prison for providing false information on her 2011 income tax return, United States Attorney William J. Ihlenfeld, II, announced today.
An Internal Revenue Service investigation revealed that Bailey underestimated her taxable income resulting in unpaid taxes in excess of $42,000.00. Bailey pled guilty in July 2014 to one count of "Filing a False Personal Income Tax Return." Bailey will receive credit for time served since August 2014.
Assistant U.S. Attorney Robert McWilliams, Jr. prosecuted the case on behalf of the government.
U.S. District Judge Irene M. Keeley presided.
Waubay Man Sentenced to 30 Years for MurderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Waubay, South Dakota, man convicted of Second Degree Murder and Assault Resulting in Serious Bodily Injury was sentenced on November 25, 2014, by U.S. District Judge Lawrence L. Piersol.
Mario Contreras, age 36, was sentenced to 360 months on each count to run concurrently. He was also ordered to be on federal supervised release for a period of 5 years after his release.
Contreras was indicted on the charges by a federal grand jury on August 14, 2012. A jury trial was held on August 1, 2013, and Contreras was convicted of Second Degree Murder and Assault Resulting in Serious Bodily Injury.
The victim was born on December 31, 2009, and was murdered by her father on January 9, 2012, just days after she turned 2 years old. The victim’s mother and father were never married and were no longer close. The defendant was not very involved in the victims’ first year and a half of her life. On January 4, 2012, the victim’s mother asked Contreras if he could watch their daughter for a few days. Contreras had custody of the victim from January 4th through January 9th, the date of death.
Contreras told investigators that on January 9th his daughter was having a cup of water and a banana and he left the room. He said that is when she fell off the chair and sustained the injuries that cased her death.
The Assistant Medical Examiner of Ramsey County, Minnesota, who performed the autopsy, discovered 18 round bluish-colored contusions on four sides of the victim’s head, indicative of blunt force trauma. He concluded that the multiple contusions and resulting subdural hematoma could not have been caused by a single fall from a chair and that the cause of death was a homicide. Another government expert on child abuse also concluded that the injuries were inconsistent with falling from a chair or table. An additional expert for the government determined that there were small hemorrhages to the retinas and concluded that the child was beaten. Two government experts testified that the chances of such a short fall causing death were “one in a million.”
This case was investigated by the Federal Bureau of Investigation, the Sisseton-Wahpeton Tribal Law Enforcement Services, and the Bureau of Indian Affairs. The case was prosecuted by Assistant U.S. Attorneys Thomas J. Wright and Jay P. Miller.
The defendant was remanded to the custody of the U.S. Marshals Service.
Waterloo Man Sentenced to Federal Prison for Falsely Testifying in Sawed-Off Shotgun CaseRead the Press Release
A man who committed perjury in federal court proceedings relating to a sawed-off shotgun charge was sentenced November 24, 2014, to nearly three years in federal prison.
Clay Willie Gilmer, age 20, from Waterloo, Iowa, received the prison term after an August 8, 2014, guilty plea to making material false declarations before a court or grand jury. The prosecution stemmed from Gilmer’s testimony before the grand jury and at a trial of Patrelle Green-Bowman. Evidence at Green-Bowman’s trial showed a sawed-off shotgun was found on August 2, 2013, by Waterloo Police in a car primarily used by Gilmer. The sawed-off shotgun was partially wrapped in Green-Bowman’s coat and was sitting immediately behind Green-Bowman in the car, in which he was the only occupant.
At the guilty plea, Gilmer admitted he testified before a federal grand jury in September 2013 that he had seen Green-Bowman with the sawed-off shotgun. Gilmer also admitted that during Green-Bowman’s December 2013 federal trial on the sawed-off shotgun charges, he testified he had not seen Green-Bowman with a gun on the relevant date. The jury found Green-Bowman guilty of the firearms charges in December, but the court granted Green-Bowman a new trial in April 2014. Gilmer testified in Green-Bowman’s May 2014 retrial, and Green-Bowman was again convicted. Green-Bowman was later sentenced to 78 months in federal prison.
At Gilmer’s sentencing, the court found Gilmer had testified falsely at both trials, and also that he lied under oath at his own guilty plea hearing about his drug use and criminal history.
Gilmer was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Gilmer was sentenced to 33 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Gilmer is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Dan Chatham and investigated by the Waterloo Police Department.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR14-44-LRR.
United States Attorney’s Office Recovers $20,000,000 in Fiscal Year 2014 – With A Record Amount Distributed to VictimsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that the Western District of New York Office recovered in Fiscal Year 2014, $20,456,183.00 as a result of wide-ranging efforts in criminal, civil and asset forfeiture cases. Of that, a record amount, $14,541,000.00, was returned to victims of crime. This money was also used as aid to law enforcement agencies, and in largest part, provided to taxpayers as a result of being transmitted to the United States Treasury.
In making the announcement, U.S. Attorney Hochul praised the hard work and dedication of Office attorneys and support staff that sought not only to put convicted defendants in jail, but took the profit out of crime in a more literal sense. “In addition to removing criminals from the streets of our community, another key mission of our Office is to return the profits of crime to those who have been victimized,” said U.S. Attorney Hochul. “As a result of the efforts of prosecutors in both our criminal and civil divisions, over $14,500,000 has been returned to victims of crime.”
As for how the recoveries came about, the Office collected $20,456,183.00 in criminal and civil actions. Criminal actions include fines and restitution totaling $5,581,041.00. The Office also collected $3,273,141 in civil actions, which include proceedings involving health care fraud, government fraud, foreclosures and more.
In addition, the Office collected $11,602,748.00 in criminal and civil forfeitures. Forfeitures generally involve proceeds of crime, as well as property used to commit crime. Of that amount, $2,286,615 was shared with state and local law enforcement partners who work with the U.S. Attorney’s Office.
Over the last five years, the amount of money recovered by the WDNY Office exceeds $234,000,000. This is a result of the Office recovering in Fiscal Year 2010, $31,800,000, in 2011, $29,300,000, in 2012, $53,600,000, and in 2013, $94,220,047.00
The WDNY also forfeited 115 dangerous firearms, along with ammunition, and 33 computers used in child exploitation and fraud crimes in Fiscal Year 2014.
In addition to the $20,456,183.00 collected locally, the WDNY worked with five other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $120,382,112.00.
The following cases are examples of successful forfeiture and affirmative civil enforcement concluded this past year in the Western District of New York:
United States v. Mangione:
Vincent Mangione was convicted of tax evasion and bank fraud. The defendant was ordered to pay restitution to his victims in the amount of $840,196.00 and agreed to turn over $125,000 in cash and real property which consisted of a four-unit apartment building and a vacant piece of land. The real property was recently sold and netted an additional $284,248.27 for victims. This brought the total amount of restitution collected on behalf of victims to $409,248.27.
OPERATION HOUND DOG:
Defendant Ronald Walker was convicted of conspiracy to distribute and possess with intent to distribute, five kilograms or more of cocaine and one kilogram or more of heroin, and conspiracy to commit money laundering. Walker forfeited $2,500,000 in drug proceeds, including approximately $1,500,000 in U.S. currency, two real properties, various items of jewelry and a motor vehicle.
TONAWANDA COKE:
The Tonawanda Coke Corporation, which was convicted of 11 counts of violating the Clean Air Act and three counts of violating the Resource Conservation and Recovery Act by a federal jury in March 2013, was sentenced to pay a $12,500,000 fine. The Corporation was also ordered to pay $12,200,000 to fund two environmental studies to help determine the extent of health and environmental impacts Tonawanda Coke has had in the community.
AMEDIYSIS:
Between 2008 and 2010, certain Amedisys offices were accused of improperly billing Medicare for ineligible patients and services. Amedisys allegedly billed Medicare for nursing and therapy services that were medically unnecessary or provided to patients who were not homebound, and otherwise misrepresented patients conditions to increase its Medicare payments. These billing violations were the alleged result of management pressure on nurses and therapists to provide care based on the financial benefits to Amedisys, rather than the needs of patients. An investigation was conducted by the Justice Department’s Commercial Litigation Branch of the Civil Division; multiple United States Attorney’s Offices, including WDNY; the Department of Health and Human Services’ Office of Inspector General; the Federal Bureau of Investigation; the Office of Personnel Management’s Office of Inspector General; the Defense Criminal Investigative Service of the Department of Defense; and the Railroad Retirement Board’s Office of Inspector General. As a result of these combined efforts, Amedisys paid a $116,000,000 settlement.
For further information, the United States Attorneys’ Annual Statistical Reports can be found on the internet at:
http://www.justice.gov/usao/resources/annual-statistical-reports
Two Sentenced for Selling Heroin Near Local SchoolsRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Tara Tighe, Public Affairs SpecialistCLARKSBURG, WEST VIRGINIA – Two Morgantown, West Virginia residents were sentenced for selling heroin near local schools, United States Attorney William J. Ihlenfeld, II, announced today.
Angela Nelson, 35, was sentenced to 51 months in prison for selling heroin near Brookhaven Elementary School in Morgantown, West Virginia. She pled guilty in March 2014 to one count of "Distribution of Heroin within 1000' of Protected Location."
Bartley Jefferson, 25, was sentenced to 21 months in prison for selling heroin near the West Virginia University campus in Morgantown, West Virginia. He pled guilty in February 2014 to one count of "Aiding and Abetting Distribution of Heroin within 1000' of Protected Location."
Additionally, Christina Shaffer, 29, also of Morgantown, West Virginia, was sentenced to 41 months in prison for selling heroin in April 2012. She pled guilty in February 2014 to one count of "Distribution of Heroin."
Each defendant was also ordered to forfeit $1,551.00.
Assistant U.S. Attorney Zelda Wesley prosecuted the cases on behalf of the government. The case was investigated by the West Virginia State Police Bureau of Criminal Investigations.
U.S. District Judge Irene M. Keeley presided.
Three Individuals Plead Guilty to Drug, Money Laundering and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Anthony Avery and Spiwe Barnes pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine before U.S. District Judge William M. Skretny. The charge carries a minimum penalty of 10 years in prison, a maximum of life and a 10,000,000 fine. Avery also pleaded guilty to conspiracy to commit money laundering and Barnes pleaded guilty to being a felon in possession of a firearm. In addition, co-defendant Linda Johnson pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, cocaine. That charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorneys Timothy C. Lynch and Joel L. Violanti, who are handling the case, stated that beginning in early 2010 and continuing through June 14 2011, the defendants distributed between five and 15 kilograms of cocaine in the Buffalo area. Avery and Barnes initially obtain cocaine from a source in Ohio. This source utilized Linda Johnson to transport the cocaine to Avery in Buffalo. Later on, Avery and Barnes obtained cocaine from Tyree Bishop, who was obtaining the cocaine in Detroit, Michigan. On the date of their arrest, law enforcement officers seized a loaded 9mm handgun as well as $5,000 in cash from Barnes’s residence.
Tyree Bishop was also convicted and sentenced to 96 months in prison.
The pleas are the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard. Assistance was also provided by the Erie County District Attorney’s Office, under the direction of Frank Sedita.
Sentencing is scheduled for March 16, 2015, 2:00 p.m. before Judge Skretny.
Tammy Nguyen Pleads Guilty to Making False Statements to A Welfare Benefit Plan and Filing A False Income Tax ReturnRead the Press Release
Tristram J. Coffin, United States Attorney for the District of Vermont, stated that Tammy Nguyen, 34, formerly of Essex Junction, Vermont, appeared in United States District Court and pled guilty to making false statements to obtain health care benefit coverage from the Vermont Health Access Plan (“VHAP”) and to filing a false tax return with the Internal Revenue Service (“IRS”). Sentencing has been set for March 6, 2014, in Burlington, Vermont. The Honorable Christina Reiss presided at the change of plea.
The False Statements To A Welfare Benefit Plan
According to Court records, on or about September 22, 2010, TAMMY NGUYEN sent a Health Care Programs Application to the Vermont Department for Children and Families via facsimile using the fax cover sheet of the United States Social Security Administration, her employer. The Application was for health care coverage for herself under the Vermont Health Access Plan (“VHAP”) and for her two children under the Dr. Dynasaur program. VHAP and Dr. Dynasaur are health care benefit programs funded by Medicare. Both health benefit programs received federal funds and were designed to assist low-income Vermonters. On her application, she materially under-reported her gross income from employment and failed to report other material income, including interest income from personal loans she made to other individuals in the Burlington, Vermont area.
The materially false, fictitious and fraudulent statements enabled TAMMY NGUYEN to receive health insurance benefits at a lesser amount than would otherwise have been due.
The False ReturnAccording to Court records, for the federal income tax year ending December 31, 2009, TAMMY NGUYEN filed a tax return with the Internal Revenue Service, under penalty of perjury, reporting only her wages as a Service Representative at the Burlington Office of the Social Security Administration. In addition to that income, however, she also received reportable interest income from her private money lending activities. Moreover, she had received fraudulently obtained VHAP benefits as well as public housing assistance benefits that were reportable to the IRS during that tax year. By failing to report the interest income and fraudulently obtained benefits, TAMMY NGUYEN willfully made and subscribed to a federal tax return that she knew was not true and correct as to every material matter.
In her plea agreement, Nguyen agreed to pay restitution to VHAP (Medicare), the Burlington Housing Authority (Department of Housing and Urban Development), and to the IRS. Nguyen faces a sentence of up to 5 years in prison and a $250,000 fine. The actual sentence will be imposed after a presentence investigation is completed and the Court has considered the United States Sentencing Guidelines and other sentencing factors.
United States Attorney, Tristram J. Coffin, thanks the Internal Revenue Service, the Office of the Inspector General, Social Security Administration, the Department of Housing and Urban Development, the Secret Service, and the Federal Protective Service for their investigative assistance during this case. The case was prosecuted by Assistant United States Attorney Nancy J. Creswell. The defendant was represented by Attorney Mark A. Kaplan.
San Antonio Texas Mexican Mafia Member Arrested and Charged in Connection with Three MurdersRead the Press Release
In San Antonio this morning, FBI agents arrested 36–year-old Texas Mexican Mafia (TMM) member Ruben Reyes (aka “Menace”) in connection with the alleged murders of three high ranking TMM members announced United States Attorney Robert Pitman and Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division.
A federal criminal complaint filed today charges Reyes, a former TMM “Lieutenant of Lieutenants,” with one count of using or discharging a firearm during a crime of violence, specifically, violent crimes in aid of racketeering (VICAR). According to the complaint, on January 13, 2014, Reyes shot and killed TMM “Captain” Mark Anthony Bernal (aka “Lefty”), TMM “General” Carlos Chapa (aka “Worm”), and TMM “Lieutenant of Lieutenants” Johnny Solis (aka “Smiley”) for their alleged mishandling of approximately $60,000 and making poor decisions in regards to the TMM daily operations. The complaint further alleges that Reyes transported and buried the bodies of Bernal, Chapa and Solis in Pearsall, TX.
Reyes, who remains in federal custody, faces between ten years and up to life in federal prison upon conviction.
This complaint resulted from an investigation conducted by the FBI together with the San Antonio Police Department, Texas Department of Public Safety Criminal Investigations Division, Bexar County Sheriff’s Department and the Texas Department of Criminal Justice.
A criminal complaint is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.
Royal Oak Resident Pleads Guilty to Tax EvasionRead the Press Release
Robin Petty, age 53, of Royal Oak, Michigan, part owner of Superior Metal Finishing Corporation, a Detroit, MI corporation, pleaded guilty to one count of income tax evasion, United States Attorney Barbara McQuade announced today.
McQuade was joined in the announcement by Jarod J. Koopman, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation.
Petty entered the guilty plea before U.S. District Judge Avern Cohn.
According to court records, Petty served as the treasurer of Superior Metal Finishing, a Sub-S Corporation and received wages, as well as the income that was generated by her ownership of Superior Metal Finishing Corporation shares. During 2008, Petty received income totaling $119,117, which she reported on her Federal Income Tax return. However, evidence showed that in 2008, Petty had received a total of $356,050 in Superior Metal Finishing Corp. checks made payable to her. Her deliberate failure to report $236,933 in income received from Superior Metal Finishing caused her tax liability to be understated by $70,073 for the 2008 tax year. Under her plea agreement, Petty is also being held responsible for filing similar false returns for the years 2009-2011. In all, she evaded $339,526 in federal income taxes for the years 2008-2011.
“Every American has a duty to pay their fair share of taxes. By her guilty plea today, Petty is acknowledging and accepting the consequences of evading that duty,” said Special Agent in Charge Jarod J. Koopman.
Petty’s sentencing will be set by the court. The charge of income tax evasion carries a maximum term of imprisonment of five years and/or a fine of $250,000.
The case was investigated by special agents of the IRS-Criminal Investigation. The case is being prosecuted by Assistant U.S. Attorney Ross I MacKenzie.
Rexford Respiratory Therapist Sentenced to 12 Months and One Day for $1.4 Million Medicaid Fraud and $200,000 Tax FraudRead the Press Release
MISSOULA – A respiratory therapist from Rexford, Montana has been sentenced to 12 months and one day for defrauding Medicaid of over $1.4 million and filing tax returns that failed to report her correct income resulting in a tax loss of over $200,000. Anna Sue Tope, 67, was the vice president of Eagle Calf Technical Corporation (Eagle Calf), a company providing medical equipment and services on the Blackfeet Indian Reservation. Eagle Calf’s clients in the Browning area are generally low-income patients eligible for Medicaid.
Assistant U.S. Attorney Chad Spraker told the court that Tope, a respiratory therapist, had worked at various hospitals and owned a medical supply business prior to starting the Montana company with a business associate started in 1998. In 2001, Tope became the sole signatory for Eagle Calf bank accounts.
From 2003 until 2011, Spraker explained, an Eagle Calf customer received catheter supplies from the company. The patient required the use of one of two types of tracheal suction catheters. Cath-n-Glove kits, which cost approximately $2.70 each, are much less expensive than a closed system catheter (approximately $16 each). Cath-n-Glove kits are disposable and designed for one-time use, but a patient may require multiple kits each day. A closed system catheter, however, may be used for a longer period of time—typically multiple days to one week before a patient requires a new one.
Eagle Calf provided Cath-n-Glove kits from the time the patient started receiving supplies from Eagle Calf in 2003 until November 2011. Investigators located six wholesale suppliers who had sold 20,626 Cath-n-Glove kits to Eagle Calf on 59 invoices during the period of the indictment. None of the invoices showed Eagle Calf ever purchased a closed system catheter from any supplier.
Although furnishing the patient with the less expensive catheter, Tope fraudulently billed Medicaid for the more expensive closed system catheters. Medicaid was billed for more than $1.7 million for over 108,000 closed system catheters purportedly supplied to the patient. Had the Medicaid program not been misled as to the medical equipment actually being provided, reimbursement to Eagle Calf would have been approximately $300,000. Tope’s fraudulent scheme cost the government $1.4 million.
The case was investigated by the Montana Medicaid SURS Unit, the Internal Revenue Service, the Health Care Fraud investigator for the U.S. Attorney’s Office, and the Federal Bureau of Investigation.
PACER Case Reference: 14-57
Owings Mills Man Convicted for a Drug Conspiracy and Illegal Possession of a GunRead the Press Release
Baltimore, Maryland – A federal jury convicted Jamaican national, Lyndon Fascisco Miller, age 50, of Owings Mills, Maryland, late yesterday, on charges of conspiracy, possession with intent to distribute heroin, cocaine and crack cocaine, and three counts of distribution of heroin. Miller was also convicted of being a felon in possession of a loaded semi-automatic handgun.The conviction was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; the members of the Harford County Task Force, Harford County Sheriff L. Jesse Bane; Colonel Marcus L. Brown, Superintendent of the Maryland State Police; Chief Henry Trabert of the Aberdeen Police Department; Bel Air Police Chief Leo Matrangola; Chief Teresa Walter of the Havre de Grace Police Department; and Harford County State’s Attorney Joseph I. Cassilly; and Assistant Special Agent in Charge Gary Tuggle of the Drug Enforcement Administration, Baltimore District Office.
The evidence presented at Miller’s one week trial was based on, among other things, wiretaps on multiple cell phones used by Miller, none of which were in Miller’s name. Several of the intercepted calls were in Patois, a Jamaican dialect. Witnesses testified that Miller would routinely travel in rental cars, changing them frequently, to distribute narcotics to customers in Harford County, where he falsely claimed his name was “Charlie” and that he lived in Cecil County. Miller was video-taped engaging in drug transactions, including the sale of heroin to an undercover task force officer. Miller was arrested on June 22, 2013, after returning from meeting his source of supply for the heroin and cocaine in Gettysburg, Pennsylvania.
A search warrant was executed at Miller’s residence, where law enforcement seized heroin, cocaine and crack cocaine, along with the loaded handgun. Law enforcement also seized almost ½ kilo of heroin from the rental vehicle Miller had been driving, and from another vehicle associated with Miller that was parked at Miller’s apartment complex law enforcement recovered more than $70,000 in cash, which had been bundled with rubber bands, a common practice by narcotics traffickers.
Miller faces a mandatory sentence of 20 years in prison at his sentencing. U.S. District Judge Marvin J. Garbis has scheduled sentencing for March 2, 2015.
United States Attorney Rod J. Rosenstein commended the Harford County Task Force and DEA, for their work in the investigation, and recognized DEA Harrisburg, and the Baltimore County Police Department for their assistance, as well as a police officer with the University of Maryland Police Department, who spoke Patois. Mr. Rosenstein thanked Assistant United States Attorney Christopher J. Romano, who is prosecuting this Organized Crime Drug Enforcement Task Force case.
Oglala Woman Sentenced for Involuntary ManslaughterRead the Press Release
United States Attorney Brendan V. Johnson announced that an Oglala, South Dakota, woman convicted of Involuntary Manslaughter was sentenced on November 25, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Valerie Good Voice Flute, age 37, was sentenced to 30 months in custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Good Voice Flute was indicted for Involuntary Manslaughter by a federal grand jury on August 27, 2013. She pled guilty to the charge on July 10, 2014.
The conviction stems from Good Voice Flute operating and crashing a motor vehicle while under the influence on May 19, 2013, near Loneman. The crash resulted in the death of Gillard Good Voice Flute.
This case was investigated by the Federal Bureau of Investigation, Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Good Voice Flute was immediately turned over to the custody of the U.S. Marshals Service.
Miami Resident Sentenced to Life in Prison for Obstruction of Justice by Murder and Firearms TraffickingRead the Press Release
Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, Hugo Barrera, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Office, and J.D. Patterson, Director, Miami-Dade Police Department (MDPD), announce the sentencing of Andres Campo, 26, of Miami. On September 5, 2014, a jury had convicted Campo on all counts of a 12-count indictment, charging Campo with obstruction of justice by murder, possession of a firearm in furtherance of a crime of violence, and a number of export violation charges related to Campo’s role as the leader of a arms trafficking organization shipping firearms, and firearm parts, to Colombia. Campo was sentenced today by U.S. District Court Judge Cecilia Altonaga to a mandatory sentence of life in prison.
Specifically, Campo was convicted of conspiring to obstruct justice by murder (18 U.S.C. § 1512); obstruction of justice by murder (18 U.S.C. § 1512); possession of a firearm in furtherance of a crime of violence, resulting in death (18 U.S.C. §§ 924(c)(1)(A) and (j)); conspiracy to export firearms without a license (18 U.S.C. § 554); six counts of possessing firearms parts that were intended for illegal exportation (18 U.S.C. § 554); and two counts of possessing a firearm while a fugitive from justice (18 U.S.C. § 922(g)(2)). The jury further found the murder was premeditated.
According to the evidence at trial, Campo was the leader of an international arms trafficking organization responsible for the shipment of numerous AR-15 rifles, .50 caliber rifles, and other firearms and firearm parts to Cali, Colombia. Campo employed straw purchasers to buy firearms and firearm parts from legal firearm dealers in south and central Florida. The firearms and firearm parts were gathered at various locations in Miami, taken apart into smaller pieces, and then hidden inside of boxes of miscellaneous materials that were shipped to Colombia.
In October 2009, ATF detained one of Campo’s employees, Erik Comesana, after an ATF Special Agent noticed Comesana’s accomplice purchasing an unusual number of AR-15 lower receivers. Comesana provided a statement to the agents. The investigation continued until March 2011, when Comesana was ultimately arrested and charged with firearms trafficking violations in the Southern District of Florida. During Campo’s trial, multiple witnesses testified that Campo was concerned that Comesana would cooperate with law enforcement.
On May 27, 2011, Comesana notified the federal court that he intended to plead guilty. Later that evening, Comesana’s body was found burning in southwest Miami-Dade County, after being murdered in another location. A joint investigation by the MDPD Homicide Bureau and ATF subsequently identified Campo and Carlos Rios as the perpetrators.
According to the evidence at trial, after Comesana was arrested, Campo grew increasingly paranoid about the prospect that Comesana would cooperate with the ongoing federal investigation.
On May 27, 2011, Campo instructed Comesana to appear at a warehouse, purportedly to give him money to pay for Comesana’s attorney. Instead, Comesana was shot twice and died at the scene. Comesana’s body was transported to another location and set on fire. Campo and Rios then fled Florida for a period of time before ultimately returning to resume their arms trafficking business.
During the next year, the investigation continued as the investigator’s search for Campo and Rios. On July 3, 2012, both Campo and Rios narrowly missed being arrested when agents searched a home in which their identification and firearms trafficking paraphernalia was found. Ultimately, on July 26, 2012, Campos and Rios were arrested in a Miami motel parking lot, after they emerged from a room that they had rented in a false name. A loaded firearm and an upper AR-15 was recovered from Campo’s vehicle.
Rios previously pled guilty to participating in the murder and received a sentence of life in prison. Five other members of Campo’s organization have been prosecuted for their role in the arms trafficking offenses and received sentences between probation and 15 years in prison.
U.S. Attorney Ferrer stated “Andres Campo brutally murdered another young man to prevent that man from providing information about Mr. Campo’s illegal arms trafficking business to federal authorities. The resulting life sentence sends a strong message that this conduct will not be tolerated. The joint investigation by ATF and Miami-Dade Police Department into Erik’s murder is an excellent example of federal and state agencies successfully working together to ensure justice is served on those who violate the law.”
“Today’s sentencing demonstrates law enforcement’s commitment to protect our communities from violent crime, to have quality life,” said ATF Special Agent in Charge Hugo Barrera, Miami Field Division. “ATF will continue to collaborate with our law enforcement partners to eradicate violent gun related crime and dismantle international firearms trafficking organizations.”
Mr. Ferrer thanked the many law enforcement agencies involved in this South Florida High Intensity Drug Trafficking Area Task Force (HIDTA) operation. In particular, Mr. Ferrer thanked ATF and MDPD. This case is being prosecuted by Assistant U.S. Attorneys Anthony LaCosta and Seth M. Schlessinger.
The South Florida HIDTA was established in 1990. This program, made up of federal, state and local law enforcement agencies, fosters intra-agency cooperation among law enforcement agencies in South Florida and involves them in developing a strategy to target the region’s drug-related threats to public safety. The South Florida HIDTA uses the funding provided by the Office of National Drug Control Policy that sponsors a variety of law enforcement initiatives that target the region’s illicit drug threats.
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.
Miami Home Health Agency Owner and Operator Pleads Guilty for Role in Multiple Medicare Fraud SchemesRead the Press Release
An owner and operator of a Miami home health care agency pleaded guilty today in connection with a long-running $6.2 million Medicare fraud scheme involving Professional Medical Home Health LLC (Professional Home Health), and similar schemes at two other Miami home health care agencies.
U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, Special Agent in Charge George L. Piro of the FBI’s Miami Field Office and Special Agent in Charge Derrick Jackson of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Miami Regional Office made the announcement.
Ernesto Fernandez, 48, of Miami, pleaded guilty to one count of conspiracy to commit health care fraud before U.S. Magistrate Judge Chris M. McAliley of the Southern District of Florida. According to his plea agreement, Fernandez also agreed to forfeit $9,061,867, which represents the proceeds traceable to his criminal conduct. His sentencing is scheduled for Feb. 3, 2015.
According to admissions in his plea agreement, Fernandez was an owner and operator of Professional Home Heath, a Miami home health care agency that purported to provide home health and therapy services. He was also the owner and operator of two other South Florida home health agencies. At each of these companies, Fernandez and his co-conspirators billed the Medicare program for expensive physical therapy and home health services that were not medically necessary or were not provided. Fernandez admitted that he caused patient documentation to be falsified, managed and supervised personnel, and planned, organized and oversaw the submission of fraudulent claims submitted to the Medicare program.
Fernandez also admitted to being a patient recruiter for all three home health agencies. In that capacity, Fernandez recruited patients for the agencies in exchange for kickbacks, knowing that the agencies would bill the Medicare program on behalf of these recruited patients for expensive home health and therapy services that were not medically necessary or not provided.
Fernandez was the eighth defendant to plead guilty in connection with the fraudulent schemes at Professional Home Health. Earlier this month, five other defendants charged in this case also pleaded guilty. Dennis Hernandez, 32, Jose Alvarez, 48, and Joel San Pedro, 44, all of Miami, and Alina Hernandez, 38, of West Palm Beach, each pleaded guilty to one count of conspiracy to commit health care fraud. Juan Valdes, 37, of Palm Springs, Florida, pleaded guilty to one count of conspiracy to defraud the United States and receive health care kickbacks. Sentencing hearings for these five defendants are set for Jan. 29, 2015.
Earlier this year, two additional individuals pleaded guilty and were sentenced in connection with the same scheme. Annarella Garcia, an owner of Professional Home Health, was sentenced to serve 70 months in prison. Annilet Dominguez, an administrator of Professional Home Health, was sentenced to serve 68 months in prison. Both were also ordered to pay $6,257,142 in restitution.
This case was investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida. This case is being prosecuted by Trial Attorney Anne P. McNamara of the Criminal Division’s Fraud Section.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 2,000 defendants who have collectively billed the Medicare program for more than $6 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov.
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.
Mexican National Guilty of Immigration OffenseRead the Press Release
United States Attorney Kenneth A. Polite announced that RIGO PACHECO-RODRIGUEZ, age 25, a Mexican citizen who was illegally in the United States, was sentenced yesterday after previously pleading guilty to a one-count indictment for illegal entry of a removed alien, in violation of Title 18, United States Code, Section 1326(a).
United States District Court Judge Jay C. Zainey sentenced PACHECO-RODRIGUEZ to time served, followed by 1 year of supervised release, and a $100 special assessment fee.
According to court documents, on July 6, 2014, PACHECO-RODRIGUEZ was found in the United States after having been officially deported and removed on May 19, 2014.
U.S. Attorney Polite praised the work of the Department of Homeland Security/Immigration and Customs Enforcement in investigating this matter. Assistant United States Attorney Jon Maestri is in charge of the prosecution.
Meth Plus A Gun Equals 15 Years in Federal PrisonRead the Press Release
Michael J. Moore, United States Attorney for the Middle District of Georgia, announced the sentencing of Travis Hill, age 35, of Columbus, Georgia, on November 24, 2014, by the Honorable Clay D. Land, Chief United States District Judge for the Middle District of Georgia, in Columbus, Georgia.Mr. Hill was sentenced by Chief Judge Land, to serve 124 months for possession of methamphetamine with intent to distribute plus a consecutive 60 months for possession of a firearm in furtherance of a drug trafficking crime. The total sentence of imprisonment was 184 months.
On July 25, 2014, Mr. Hill entered a guilty plea to the charges. According to facts stipulated in the plea agreement, on October 15, 2013, law enforcement officers executed a search warrant at Mr. Hill’s residence. The search produced a loaded Taurus .40 caliber pistol with a laser attachment, a digital scale, baggies with suspected drug residue, a baggie with over 40 grams of suspected methamphetamine and a pistol magazine. Mr. Hill claimed the firearm and all of the drugs in the house. A check by law enforcement revealed that the gun had been reported stolen on May 13, 2013, following a break-in of a storage unit owned by a third party. Mr. Hill was previously convicted of felony crimes in 1997 and 2011, therefore, prohibited from possessing a firearm.
“Guns and drugs don’t mix. I hope the message from this sentence will be that gun crimes really do equal hard time. Thanks to the good work by the Sheriff’s Office, the DEA, and the ATF, we were able to take an individual, who was both a drug dealer and a felon in possession of a firearm, off the streets for the next 15 years,” said United States Attorney Michael Moore.
The case was investigated by the Muscogee County Sheriff’s Office, Drug Enforcement Administration (DEA), Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and prosecuted by Assistant United States Attorney Crawford Seals.
Inquiries regarding this case should be directed to Pamela Lightsey, Public Affairs Specialist, United States Attorney’s Office, at (478) 621-2603Meth Dealer Sentenced to 10 Years in PrisonRead the Press Release
LAS VEGAS, Nev. – A local man who possessed over two kilos of methamphetamine in his car and another 4½ kilos of methamphetamine in a rented storage locker in Las Vegas, has been sentenced to 121 months in prison and five years of supervised release, announced U.S. Attorney Daniel G. Bogden for the District of Nevada.
John Ortega, 25, of Las Vegas, was sentenced on Tuesday, Nov. 25, by Chief U.S. District Judge Gloria M. Navarro. Ortega pleaded guilty in August to one count of conspiracy to possess a controlled substance with intent to distribute methamphetamine and one count of money laundering.
According to the court records, law enforcement investigators learned in early 2013 that Ortega was supplying kilo quantities of methamphetamine to co-defendant Keith Alcos, of Honolulu, Hawaii. In August 2013, investigators obtained information that on Aug. 21, Alcos and two other co-defendants, James Richardson, Jr., and George Flores, were traveling from Honolulu to Las Vegas to obtain methamphetamine. Investigators conducted surveillance of the defendants when they arrived in Las Vegas, and detected phone calls between the co-defendants and Ortega. On Aug. 25, they followed Ortega from his residence to a storage facility, where Ortega entered a storage unit and left with a black bag. Investigators conducted a traffic stop on Ortega’s vehicle and during a search of the vehicle, recovered approximately two kilos of methamphetamine from a compartment. A later search of the storage unit resulted in the recovery of approximately 4½ kilos of liquid methamphetamine, $13,000, and a 9 mm handgun with an obliterated serial number. Investigators determined that Ortega rented the storage locker using a fake Mexican driver’s license bearing his photograph but the name of Jose Veltran Perez.
Keith Alcos pleaded guilty to conspiracy to possess a controlled substance with intent to distribute methamphetamine, and is scheduled to be sentenced on Jan. 8, 2015. Richardson, Jr. and Flores are fugitives.This case was investigated by the FBI, IRS Criminal Investigation, DEA, and Las Vegas Metropolitan Police Department, and prosecuted by Assistant U.S. Attorney Amber M. Craig.
Melbourne Man Pleads Guilty to Production of Child PornographyRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Eugene Edward Hudome (60, Melbourne) has pleaded guilty to using a minor to produce images of child pornography. He faces a mandatory minimum penalty of 15 years, up to 30 years, in federal prison. Hudome’s sentencing is scheduled for April 2, 2015.
According to the plea agreement, in 2003, Hudome used a camcorder to produce pornographic images of a female minor. In 2014, he uploaded at least two pornographic images of female minors onto his Microsoft SkyDrive account, after which Microsoft notified law enforcement. Agents subsequently executed a search warrant at Hudome’s residence and recovered a video, 170 CD/DVDs, and a computer, all of which contained pornographic images of minor victims. Agents also located additional child pornography on other electronic devices and storage media. During an interview with the agents, Hudome admitted that he had produced the pornography of the original female minor victim sometime in 2003, as she slept in his residence. He further admitted to subsequently converting the images from videotape to digital media.
This case was investigated by the Federal Bureau of Investigation and the Brevard County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Andrew C. Searle.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Marion County Man Sentenced to Seven Years for Receiving Child PornographyRead the Press Release
Ocala, Florida – Senior United States District Judge W. Terrell Hodges sentenced Dominick Nardone (35, Belleview) yesterday to seven years in federal prison for receiving images of child pornography. In addition to the prison term, he will be required to serve a 10-year term of supervision following his release and must register as a sex offender. Nardone pleaded guilty on August 26, 2014.
According to court documents, on January 13, 2014, federal agents executed a search warrant at Nardone’s Belleview residence, after discovering Internet Protocol (IP) addresses linked to known images of child pornography at that location. During an interview with agents, Nardone admitted that he had been downloading child pornography since “sometime in the 1990s.” He expressed a preference for images of young boys between the ages of three and eleven. Nardone also told the agents that they would find thousands of images and movie files of child pornography on his personal computer and on multiple CDs and DVDs throughout the home. A forensic examination of these items subsequently confirmed that Nardone had received approximately 85,000 images of child pornography over the Internet.
This case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). It was prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Man Pleads Guilty to Violation of Outer Continental Shelf Lands ActRead the Press Release
U.S. Attorney Kenneth A. Polite announced that SEAN GRANGER, 36, of Rayne, Louisiana, pleaded guilty to knowingly and willfully tampering with a method of record required to be maintained under the Outer Continental Shelf Lands Act.
According to court documents, on June 4, 2012, GRANGER was employed as a coil tubing supervisor to perform coil tubing services on a well at a drilling rig located in the Gulf of Mexico at Ship Shoal 359 in the Eastern District of Louisiana. Prior to starting the contracted coil tubing services at Ship Shoal 359, GRANGER tested his coil tubing unit’s blowout preventer. A coil tubing unit should not be placed into service for the contract until all the BOP components pass pressure testing.
The results of BOP tests are recorded on a circular graphic chart known as the BOP pressure test chart. To record pressures, a test chart is placed into a chart recorder that has a needle with a pen attached to it. As the recorder spins, the needle makes a record on the test chart of how much pressure the BOP components are holding. The BOP test chart is the record that inspectors review to determine if the BOP units are functioning properly.
On June 4, there were irregularities in the BOP testing process. Rather than take action to properly document the pressures of the BOP components or remedy the irregularities in the testing, GRANGER tampered with the pressure test chart by spinning it on the recorder. When inspectors reviewed the pressure test chart a few days later, they were unable to determine whether the BOP on the coil tubing unit was functioning properly.
U.S. District Court Judge Sarah Vance scheduled sentencing for March 18, 2015. GRANGER’s conviction carries a maximum term of imprisonment of 10 years and/or a maximum fine of $250,000.
U.S. Attorney Polite praised the work of the Department of Interior-Office of Inspector General and Bureau of Safety and Environmental Enforcement for their work on this matter. Assistant United States Attorney Emily K. Greenfield of the United States Attorney’s Office’s National Security Unit prosecuted the case.
Man Admits Robbing Two Banks in Amarillo in One WeekRead the Press Release
LUBBOCK, Texas — Jon-Michael Murray, 30, most recently of Arizona, pleaded guilty this afternoon before U.S. District Judge Mary Lou Robinson to one count of bank robbery, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Murray, who remains in federal custody, faces a maximum statutory penalty of 20 years in federal prison and a $250,000 fine. A sentencing date was not set.
According to documents filed in the case, Murray admitted committing the August 27, 2014, robbery of the Wells Fargo Bank located at 1838 S. Georgia Street in Amarillo and the September 2, 2014, robbery of the Wells Fargo Bank located at 200 S. Washington Street in Amarillo. Murray claimed he committed the robberies because he was short of money after moving to Amarillo and trying to care for his family.
He committed both robberies during the early afternoon hours. He entered each bank, wearing a dark cap and sunglasses, and in each robbery, he presented a threatening demand note to a teller. On one of the notes, he wrote, “Put all the money in the bag and nobody gets hurt I know where you work so be smart.” A hangman, smiley face, stitches, and a tombstone with the letters “RIP” were also drawn on the note. During each robbery, a teller gave him cash and afterwards, he fled on foot. Video surveillance from both robberies showed the robber to be the same person. Video surveillance from nearby businesses showed that following the August 27 robbery, he later drove a silver minivan with no front license plate and no visible registration or inspection stickers in the front windshield.
The day after the September 2 robbery, however, an officer with the Amarillo Police Department spotted and stopped what appeared to be the silver mini-van from the August 27 robbery. Murray was the driver of the vehicle. Officers then searched his vehicle and residence and additional evidence, including clothing worn during the robberies and cash taken from the banks, was found.
The FBI and the Amarillo Police Department investigated. Assistant U.S. Attorneys Tim Hammer and Joshua Frausto are prosecuting.
Lubbock Man Faces up to 10 Years in Federal Prison for Possessing Child PornographyRead the Press Release
LUBBOCK, Texas — A 57-year-old Lubbock, Texas, resident appeared in federal court yesterday and pleaded guilty to one count of possession of child pornography, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Rassie Cleveland Martin, who remains on bond, faces a maximum statutory penalty of 10 years in federal prison, a $250,000 fine and a lifetime of supervised release. U.S. District Judge Sam R. Cummings ordered a presentence investigation report with a sentencing date to be set after the completion of that report.
According to plea documents filed in the case, Martin used a desktop computer at his residence to search the Internet for images and videos of child pornography. He searched with the intent of locating material depicting minors engaging in sexually explicit conduct, and in the course of searching for this material, located, downloaded, and viewed numerous images and videos constituting child pornography.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about Internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) investigated. Assistant U.S. Attorney Steven M. Sucsy is prosecuting.
Lengthy Prison Sentence for Possessing Child PornographyRead the Press Release
Michael J. Moore, United States Attorney for the Middle District of Georgia, announced the sentencing of Christopher Oates, age 37, a resident of Columbus, Georgia, on November 24, 2014, by the Honorable Clay D. Land, Chief United States District Judge for the Middle District of Georgia, in Columbus, Georgia.On September 5, 2014, following a three day jury trial, Mr. Oates was convicted of one count of possession of child pornography. He was sentenced by Chief Judge Land to serve ten (10) years in prison (120 months), followed by lifetime supervised release.
In 2012, Homeland Security Investigations (HSI), while investigating the distribution of child pornography on the Internet, downloaded several files containing child pornography from an individual on a peer-to-peer file sharing network. HSI traced the user’s Internet Protocol (IP) address to the Internet service provider, who in turn provided law enforcement with the subscriber’s name and address.
Mr. Oates was later interviewed by HSI Agents and made several incriminating statements. His computer was seized and later searched pursuant to a valid search warrant. A forensic examination of Mr. Oates' computer revealed evidence that he had been searching for, viewing, and downloading child pornography. Numerous videos and images depicting children engaged in sexual acts were discovered on his computer.
“Child victims are subject to being victimized again and again every time someone views or downloads a photo or video depicting child pornography. The diligence and good work by Homeland Security helped us get one more criminal away from his computer. At least for the next 10 years, he won’t be downloading any child pornography,” said United States Attorney Michael Moore.
The case was investigated by Homeland Security Investigations (HSI) and prosecuted by Assistant United States Attorney Crawford Seals.
Inquiries regarding this case should be directed to Pamela Lightsey, Public Affairs Specialist, United States Attorney’s Office, at (478) 621-2603.
Laguna Pueblo Man Sentenced to Federal Prison for Assault ConvictionRead the Press Release
ALBUQUERQUE – Keith J. Carr, 30, a member of Laguna Pueblo, N.M., was sentenced yesterday to a year and a day in federal prison for his assault conviction. Carr will be on supervised release for three years after he completes his term of incarceration.
Carr was arrested on Feb. 28, 2014, on an indictment charging him with assault resulting in serious bodily injury. According to the indictment, the assault, which injured another Laguna Pueblo man, occurred on Dec. 20, 2012, within Laguna Pueblo in Cibola County, N.M.
On June 27, 2014, Carr pled guilty to the indictment. Carr admitted that the victim sustained serious bodily injury on Dec. 20, 2012, when Carr crashed the vehicle he was driving and in which the victim was a passenger. According to the plea agreement, Carr was intoxicated and driving at a high rate of speed when he lost control of his vehicle and caused the vehicle to roll and crash. The victim sustained multiple fractures, nasal bone fractures, fracture of the pneumothorax, orbital fractures, and rib fractures as a result of the assault.
This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Paul H. Spiers.Justice Department Requires Divestiture in Order for Nexstar to Proceed with its Acquisition of Communications Corporation of AmericaRead the Press Release
The Department of Justice announced today that it will require Nexstar Broadcasting Group Inc., Mission Broadcasting Inc., Communications Corporation of America (CCA), and Silver Point Partners L.P. to divest their interests in WEVV‑TV, a CBS and FOX affiliate in Evansville, Indiana, in order for Nexstar to proceed with its acquisition of CCA. Without this divestiture, the department said, Nexstar, with its control of Mission would have gained a dominant position in broadcast television spot advertising in the Evansville, Indiana area, resulting in higher prices to advertisers. The Nexstar-CCA transaction is valued at approximately $270 million.
The Antitrust Division filed a civil antitrust lawsuit today in the U.S. District Court for the District of Columbia to block the proposed acquisition. Concurrent with the filing of the lawsuit, the division filed a proposed settlement that, if approved by the court, would resolve the competitive concerns alleged in the lawsuit.
“This divestiture maintains the status quo in Evansville, Indiana, and avoids a loss of competition for local broadcast television spot advertising,” said Bill Baer, Assistant Attorney General in charge of the Antitrust Division. “By ensuring that Nexstar does not come to control three of four major network affiliations, consumers will benefit as these stations continue to compete to attract viewers and advertisers.”
The department’s complaint alleges that the proposed acquisition would lessen competition in broadcast television spot advertising in the Evansville, Indiana, Designated Market Area (DMA). In the Evansville DMA, the transaction would result in Nexstar owning or controlling three TV stations and three of the four major broadcast network affiliations in Evansville. Had the transaction been consummated as originally proposed, Nexstar would have owned or controlled WEHT (ABC affiliate), WEVV-TV (CBS & FOX affiliate), and WTVW (CW affiliate). To remedy this likely harm, the proposed settlement requires Nexstar and
CCA to divest CCA’s WEVV-TV to Bayou City Broadcasting Evansville Inc., or an alternative, independent buyer to be approved by the United States.
Nexstar, a Delaware corporation with headquarters in Irving, Texas, owns or operates 72 broadcast television stations located in 41 markets in 18 states. Nexstar reported revenues of $378 million for 2013. Mission, a Delaware corporation with headquarters in Westlake, Ohio, owns broadcast television stations for which Nexstar sells the advertising time. Nexstar receives substantially all of Mission’s available cash and is deemed to have a controlling interest in Mission under generally accepted accounting principles.
CCA, a Delaware corporation with headquarters in Lafayette, Louisiana, owns or operates 25 broadcast television stations in 10 markets throughout Louisiana, Texas and Indiana. CCA had revenues of $98.3 million for 2012. Silver Point Capital Fund L.P., based in Greenwich, Connecticut, controls and is the ultimate parent entity of CCA.
Bayou City Broadcasting Evansville Inc., a Delaware corporation headquartered in Boston, Massachusetts, is a newly formed entity that will be run by individuals with significant experience owning, managing and operating broadcast television stations.
As required by the Tunney Act, the proposed settlement, along with a competitive impact statement, will be published in the Federal Register. Any person may submit written comments concerning the proposed settlement during a 60‑day comment period to Scott A. Scheele, Chief, Telecommunications & Media Enforcement Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street, N.W., Suite 7000, Washington, D.C. 20530. At the conclusion of the 60‑day comment period, the U.S. District Court for the District of Columbia may approve the proposed settlement upon finding that it is in the public interest.
Jicarilla Apache Man Pleads Guilty to Assaulting Intimate PartnerRead the Press Release
Defendant Prosecuted as Part of Federal Initiative to Address
the Epidemic Incidence of Violence Against Native WomenALBUQUERQUE – Terrance Julian, 30, a member of the Jicarilla Apache Nation who resides in Dulce, N.M., pleaded guilty today to a federal assault charge.
Julian was arrested on Aug. 21, 2014, on an indictment alleging that on Oct. 14, 2012, he assaulted a woman with a dangerous weapon, and brandished a firearm in relation to a crime of violence. The indictment alleged that Julian committed the crimes on the Jicarilla Apache Reservation in Rio Arriba County, N.M.
Today Julian pled guilty to Count 1 of the indictment charging him with assault with a dangerous weapon. In entering his guilty plea, Julian admitted assaulting his intimate partner, a Jicarilla Apache woman, by striking her with a rifle.
Julian was remanded into federal custody after entering his guilty plea and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Julian faces a statutory maximum sentence of ten years in federal prison.
This case was investigated by the Jicarilla Apache Tribal Police Department and is being prosecuted by Assistant U.S. Attorney David Adams.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Jackson Man Convicted of Sex Trafficking by ForceRead the Press Release
A Jackson man was convicted by a federal jury in Ann Arbor yesterday of sex trafficking several women and one minor victim, using force and coercion, announced U.S. Attorney Barbara L. McQuade.
McQuade was joined in the announcement by Paul M. Abbate, Special Agent in Charge of the Federal Bureau of Investigation, Detroit Field Office.
The two-week trial was conducted before U.S. District Judge John Corbett O’Meara in Ann Arbor. Devin Smith, 29, faces a minimum of 15 years in federal prison at his sentencing on March 11, 2015.
According to the evidence presented at trial, Smith used physical violence, fear and crack cocaine to maintain control over his victims. Smith moved his victims around various hotels in southeastern Michigan. The victims attempted to flee from these hotels. On one occasion, a victim called 911 from a dumpster in Livonia. On another occasion, a different victim flagged down a Southfield police officer. One of the victims was 16 years old when she was prostituted and beaten by Smith. The minor was rescued by the FBI during an annual initiative, known as Operation Cross Country, in July 2013.
"This defendant used his victims as commodities, forcing them to engage in sex acts with strangers for money multiple times a day," McQuade said. "He coerced compliance with his demands with beatings, threats and drugs. We hope that cases like this one will raise awareness that sex traffickers are exploiting victims in hotels and truck stops in our communities."
“The perpetrator in this case used physical violence, fear, and coercion to further the sexual exploitation of his victims,” stated Paul M. Abbate, Special Agent in Charge of the FBI Detroit Field Office. “This type of criminal conduct is horrific and intolerable. Our investigation in this case through the Southeastern Michigan Crimes Against Children Task Force, in conjunction with our local, state, and federal partners, demonstrates that combating sex trafficking and violence in our communities is of the highest priority for the FBI.”
The case was investigated by the FBI’s Southeastern Michigan Crimes Against Children Task Force (SEMCAC). The Southfield Police Department, Livonia Police Department, Jackson Police Department, and Jackson County Sheriff’s Office all provided crucial assistance in the investigation.Information: Federal Court ArraignmentsRead the Press Release
Information: Federal Court Arraignments The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Judge Ostby in Billings on November 26, 2014, and entering pleas of Not Guilty were:
• CRYSTALYNN ROSE SHOULDERBLADE, a 38-year-old resident of Lame Deer, appeared on charges of distribution of methamphetamine and distribution of methamphetamine on premises where children are present/reside. If convicted of the most serious charge contained in the indictment, SHOULDERBLADE faces 20 years in prison, $1,000,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Indian Affairs. PACER Case Reference: 14-121
• ISAAC JOHN WASHINGTON, JR., a 32-year-old resident of Lame Deer, appeared on charges of distribution of methamphetamine and distribution of methamphetamine on premises where children are present/reside. If convicted of the most serious charge contained in the indictment, WASHINGTON faces 20 years in prison, $1,000,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Indian Affairs. PACER Case Reference: 14-121
Appearing before U.S. Magistrate Judge Lynch in Missoula on November 25, 2014, and entering pleas of Not Guilty were:
• BRIAN LEE CROY, a 37-year-old resident of Bozeman, appeared on charges of felon in possession of a firearm. If convicted of the most serious charge contained in the indictment, CROY faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Bozeman Police Department and the Gallatin County Sheriff’s Office. PACER Case Reference: 14-25
• NICHOLAS CLINTON HOLT, a 32-year-old resident of Havre, appeared on charges of conspiracy to distribute methamphetamine. If convicted of the charge contained in the indictment, HOLT faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Drug Enforcement Administration, Great Falls Police Department, Tri-Agency Task Force and the Ravalli County Sheriff’s Office. PACER Case Reference: 14-43
Appearing before U.S. Magistrate Judge Strong in Great Falls on November 25, 2014, and entering pleas of Not Guilty were:
• MELODY BILLY HENRY, a 50-year-old resident of Box Elder, appeared on charges of theft from an Indian tribal government receiving federal funding and theft from an Indian tribal organization. If convicted of the most serious charge contained in the indictment, HENRY faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Environmental Protection Agency, U.S. Department of Interior Office of Inspector General, U.S. Department of Health and Human Services Office of Inspector General, Internal Revenue Service, and the Federal Bureau of Investigation. PACER Case Reference: 14-97
• AMBER NICOLE WELLS, a 30-year-old resident of La Junta, Colorado, appeared on charges of theft from an Indian gaming establishment. If convicted of the charge contained in the indictment, WELLS faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference: 14-55
Appearing before U.S. Magistrate Judge Ostby in Billings on November 24, 2014, and entering pleas of Not Guilty were:
• AUSTIN ALLEN ALLERY, a 19-year-old resident of Miles City, appeared on charges of possession of stolen firearms and robbery involving motor vehicles. If convicted of the most serious charge contained in the indictment, ALLERY faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference: 14-57
• WARRECO J. KILLSNIGHT, a 32-year-old resident of Billings, appeared on charges of felon in possession of a firearm. If convicted of the most serious charge contained in the indictment, KILLSNIGHT faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference: 14-84
• LESTER PINEX III, a 26-year-old resident of Gary, Indiana, appeared on charges of felon in possession of a firearm. If convicted of the charge contained in the indictment, PINEX faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference: 14-88
Appearing before U.S. Magistrate Judge Strong in Great Falls on November 21, 2014, and entering pleas of Not Guilty were:
• JASON LEROY BIRDTAIL, JR., a 26-year-old resident of the Fort Belknap Reservation, appeared on charges of assault resulting in serious bodily injury, assault with a dangerous weapon, and aggravated sexual abuse. If convicted of the most serious charges contained in the indictment, BIRDTAIL faces life in prison, $250,000 in fines and lifetime supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference: 14-105
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case. To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Harrison County Prosecutor-elect Pleads Guilty to Stealing $540,000 from Elderly ClientRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, and Chris Koster, Missouri Attorney General, announced that a Bethany, Mo., attorney pleaded guilty today in federal court for stealing more than $540,000 from his elderly client.
Richard F. Turner, 39, of Bethany, pleaded guilty to U.S. District Judge David G. Kays to an information charging him with one count of wire fraud and one count of false statements on his tax return. He also pleaded guilty to the information’s asset forfeiture count.
“This is an egregious case of elder abuse,” Dickinson said. “The abuser, Mr. Turner, was the elderly victim’s own attorney. When those in positions of responsibility and trust abuse the elderly, we will bring the full resources of federal and state law enforcement to bring them to justice.”
“Richard Turner violated the trust placed in him, using his elderly client’s trust account as a personal ATM,” Koster said. “Today’s guilty plea acknowledges the seriousness of this breach of trust.”
Through his plea, Turner admitted that from October 12, 2004 to May 29, 2014, he fraudulently attempted to obtain at least $728,147.18, and he did obtain at least $540,803.86, from his elderly client. He spent the money on personal expenses not authorized by his client, the client’s trust agreements, or his power of attorney, including paying off his home mortgage, putting in a swimming pool, and spending heavily at retail establishments and restaurants in Bethany, St. Joseph, and Kansas City, Mo., including to support his clothing store, Richard’s / TD Clothiers, in Bethany, Mo. Turner further admitted that he failed to pay taxes on the embezzled income, causing additional loss to the state and federal government of at least approximately $154,453.
Defendant Richard Turner is a lawyer in Bethany, Mo. He is the former elected county prosecutor of Harrison County, Mo., and he was re-elected on November 4, 2014.
On October 12, 2004, a Durable Power of Attorney (DPOA) was created for an elderly client naming Richard F. Turner as her attorney-in-fact. The DPOA specified that it, “shall become effective ONLY upon (Mrs. Bush’s) subsequent incapacity . . . .” The DPOA granted Turner the ability to conduct financial transactions and pay taxes on behalf of Mrs. Bush, and to conduct business in which she is an interested party. On May 10, 2010, Mrs. Bush became a resident at the Crestview Home, a skilled nursing facility, located in Bethany, Mo. Records reflect that she was suffering short-term memory impairment at the time of her admission.
Embezzlement Scheme
Through his plea, Turner admitted that from 2005 to 2011, his income diminished but his spending increased. On January 19, 2011, Turner received a foreclosure notice for his Bank of America mortgage concerning his personal residence at 21223 Daily Road, Bethany, Mo. On January 31, 2011, Turner filed for Chapter 13 bankruptcy protection in the Western District of Missouri.
On March 3, 2011, Turner caused to be created the Dorothy A. Bush Revocable Trust, naming Mrs. Bush as the “Settler,” and himself as the “Trustee.” At the time, according to the plea agreement, Mrs. Bush was suffering from memory problems. The trust appears to have been signed by Mrs. Bush; however, Turner notarized the signature himself. No other witnesses were listed. The Trust authorized the Trustee to make payments from the Trust assets for the “care, maintenance and comfort,” of Mrs. Bush. It allowed the trustee to sell assets, invest funds, sell property, pay debts, and to act “generally in the management of the trust estate to do all acts and things which he/she deems for the best interests of the trust.” Turner was not himself a beneficiary under the terms of the trust, nor was he authorized under the trust to make personal expenditures. Upon Mrs. Bush’s death, the Trust provided for the distribution of her remaining assets to various persons and charitable organizations, including family members, friends, the Salvation Army, Masonic Home of Missouri, Northwest Missouri State University, and multiple churches. One week after the trust was set up, on March 10, 2011, doctors declared Mrs. Bush incapacitated.
In the summer of 2011, Turner admitted that he made arrangements to sell Mrs. Bush’s farmland, while intending to embezzle some or all of the proceeds. On July 12, 2011, Turner’s bankruptcy case was dismissed on his own motion. On July 29, 2011, Turner opened an individual checking account for Mrs. Bush at Farmers Bank of Northern Missouri (“FBNM”), 1617 Main Street, Bethany, Mo. He deposited a $576,329.11 check from Missouri Land Title Company constituting proceeds from the sale of Mrs. Bush’s farmland.
On August 12, 2011, Turner wire transferred $370,000 from Bush’s account at FBNM in Bethany, Mo., to Bank of America (“BOA”) in New York, NY., to fund a new checking account ending 1089. The outgoing wire transfer sheet stated the reason for the transfer as, “Funding a new trust for Dorothy,” but the account was held solely in Turner’s name. On August 16, 2011, he made a $2,631.57 purchase at Best Buy. On August 17, 2011, he made a $2,882.95 payment to Chase Automotive. Out of his BOA account, Turner paid almost $300,000 to his various personal creditors including Discover, Bank Northwest, Chase Automotive Finance, and Best Buy. This included the purchase of a $279,967.87 cashier’s check, which he used on August 22, 2011 to pay off a home mortgage loan held by Bank of America in Mr. Turner’s name. He spent much of the remaining money on daily living and entertainment expenses for himself, and for his struggling business, Richard’s / TD Clothiers, in Bethany, Mo.
On July 13, 2012, Turner wired another $12,760 from FBNM to his BOA account. On August 15, 2013, he wired in another $13,560. On September 21, 2012, at Bank Northwest, Bethany, Mo., Turner cashed in two certificates of deposit held solely by Mrs. Bush. On September 21, 2012, Turner then wired the proceeds, $106,127.61, to his BOA account in New York in two separate wire transfers of $53,973.68 and $52,199.96. Also on September 21, with a debit card on his BOA account, he spent $2,530.20 at Wal-Mart in Bethany, Mo. On September 22, he spent $3,617.66 at O’Neils Home Furnishing in Bethany, Mo. In July and November 2012, Turner also spent $13,316 on a swimming pool, also taken from Mrs. Bush’s funds.
In all, from August 16, 2011, to December 17, 2013, Turner debited $520,137.64 from his BOA account, resulting in a negative balance of (-$85.75) on December 21, 2013. A total of $327,400 went to pay off and improve Mr. Turner’s home, including for the swimming pool. He spent $22,843 at Wal-Mart, $14,667 on retail electronics, $8,430 to pay off his credit cards, $13,324 on automotive expenses (including maintenance for his 2005 GMC Hummer), $9,516 on fuel and convenience stores, $5,805 at restaurants, $6,546 on travel, and $19,014 on clothing, including for items to sell in his store, Richard’s / TD Clothiers.
From November 25 to 26, 2013, Turner used a check in the amount of $147,752.59, issued from Mrs. Bush’s Farmers Bank of Northern Missouri account, to open a US Bank account in the name of Dorothy A. Bush Revocable Trust, Richard F. Turner Trustee. The referenced check is signed by Turner as the POA, with, “transfer to Trust estate,” written in the memo section. Signature cards for the new US Bank account list Turner as the sole signer on the account. No additional deposits were made to this account. Three surveillance photos show Turner at the counter at US Bank in St. Joseph, Mo., on November 26, 2013.
Dorothy A. Bush Revocable Trust account statements from November 26, 2013, through February 21, 2014, show numerous debits from this account, most of which were conducted via debit card. The debit card usage appears typical of day-to-day purchases, including groceries, dining, gas, and movies. Of note are three debits to the “Turner Law Firm” totaling $1,789.45. The account balance on February 21, 2014, was $130,553.09. From December 12, 2013, through March 10, 2014, Turner spent approximately $20,616.77 from the Trust Account. These debits included four payments to Turner’s law firm from December 2013 to March 2014 for $2,539.45. On March 11, 2014, US Bank “froze” the Trust account, and its investigator contacted law enforcement.
On March 21, 2014, Turner opened another account in Mrs. Bush’s name at Farmer’s Bank of Northern Missouri. For the initial deposit, he transferred the entire balance of $61,707.95 from a FBNM business money market account of Mrs. Bush, which she had opened in 1998. On the Account Agreement, Turner referenced the Trust that he had caused to be created on March 3, 2011. On March 18, 2014, Turner opened an account at the Edward Jones office in Bethany, Mo., titled in the name of “Dorothy A Bush Revocable Trust” with Turner as Trustee and sole signer on the account. Turner caused a $41,686.01 starter check drawn on the new FBNM account to be deposited to the account at Edward Jones. Turner also attempted to transfer the remaining funds ($125,635.57) from the frozen Dorothy A Bush Revocable Trust account at US Bank to the Edward Jones account. The transfer was denied due to the holds that US Bank placed on the account.
In all, through his plea, defendant Turner admitted that from at least October 12, 2004 to May 29, 2014, he attempted to obtain at least $728,147.18 from Mrs. Bush for his personal use, and he did in fact obtain $540,803.86. Debits included 20 payments to Turner’s law firm from August 12, 2011, to March 4, 2014 totaling $39,936.45.
Tax Scheme
During the timeframe, Turner maintained a legal practice, a private probation business, a legal services business, and a retail clothing business. Turner filed federal individual income tax returns using the filing status single for tax years 2011 (paper) and 2012 (electronic). He claimed $0 taxable income in 2011 (he listed adjusted gross income as $11,116) and 2012 (he listed adjusted gross income as $2,944). The income reported is due to losses in some of his businesses that are offset by the gains made in the other businesses. Through his plea, he admitted that he knowingly and willfully did not pay federal or state income taxes on the embezzled funds from Mrs. Bush.
This case is being prosecuted by Assistant U.S. Attorney Daniel M. Nelson and Missouri Assistant Attorney General Joseph Schlotzhauer. It was investigated by the FBI, IRS-Criminal Investigation, The Missouri Division of Health and Senior Services, and the Missouri Department of Revenue.
Turner self-prepared his 2011 Form 1040 in Bethany, Mo. He signed and dated the 2011 Form 1040 on October 15, 2012 with his signature on page 2 of the tax return. Turner self-prepared his 2012 Form 1040 and electronically filed it on April 12, 2013. Through his plea, Turner admitted that he knowingly and willfully failed to report and pay income tax on the embezzled income of $370,000 in 2011, and $118,934 in 2012. Consequently, Turner has an estimated additional tax due and owing of $102,978 and $25,331 for tax years 2011 and 2012, respectively. Turner did not file or pay state of Missouri taxes for 2011 and 2012. For 2011, Turner owed $20,424. For 2012, he owed $5,720. The total amount of federal and state tax liability still due and owing from 2011 and 2012 is $154,453.Guilty Plea in Game Stop RobberyRead the Press Release
Michael J. Moore, United States Attorney for the Middle District of Georgia, announced that on November 25, 2014, Javon Glen Britton, age 34, of Sacramento, California, entered a guilty plea to one count of Hobbs Act Robbery and one count of brandishing a firearm during a crime of violence, before the Honorable Marc Treadwell, United States District Court in Macon, Georgia.On August 21, 2014, the Game Stop store located at 4659 Presidential Parkway, Macon, Georgia, was robbed at gunpoint by Javon Britton. Mr. Britton entered the store carrying a large black bag. As Mr. Britton entered the Game Stop, he removed from the bag a U.S. Military Surplus M1 carbine and ordered everyone to get on the ground. Mr. Britton then demanded that the customers place their cell phones and money on the floor. Mr. Britton then approached the store clerk brandished the M1 carbine and demanded money. The store clerk gave Mr. Britton approximately $492.00 from the cash register. Mr. Britton then fled the store to a waiting vehicle.
After an altercation with a private citizen, Mr. Britton crashed his vehicle and sought refuge in a nearby store, where he and his passenger were later apprehended by Bibb County Sheriff’s Deputies. After being advised of and waiving his constitutional rights, Mr. Britton made a statement in which he admitted that he had robbed the Game Stop. The charges against the passenger were later dismissed.
Mr. Britton faces a maximum sentence of 20 years imprisonment on the robbery charge and a minimum mandatory consecutive sentence of 7 years to life imprisonment on the firearms charge. Sentencing is scheduled for February12, 2015, at 9:00 a.m., in Macon, Georgia.
United States Attorney Michael Moore said, “When you use a firearm to commit a robbery, my office will use the law to make sure that you spend a very long time in federal prison. The old saying that “gun crimes equal hard time” should be on the mind of anyone who even thinks about committing a crime with a firearm.”The case was investigated by the Bibb County Sheriff’s Office, Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), Federal Bureau of Investigation (FBI) and prosecuted by Assistant United States Attorney Michael Solis.
Georgia Man Sentenced to 87 Months for Committing Tax Fraud and Identity Theft in LexingtonRead the Press Release
LEXINGTON, KY - A Lawrenceville, Ga., man, who previously admitted using the identities of other people to fraudulently collect federal income tax refunds, was sentenced today to 87 months in prison.
U.S. District Court Judge Danny C. Reeves sentenced 39 year-old James Changala Kaira for theft of public money, bank fraud, and aggravated identity theft. Judge Reeves also ordered Kaira to pay $588,129.62 in restitution. Under federal law, Kaira will have to serve at least 85 percent of his prison sentence and will be under the supervision of the U.S. Probation Office for three years following the completion of his sentence.
Kaira previously admitted that from January 2013 until March 2014, he filed false tax returns using the identities of other taxpayers without the taxpayers’ knowledge. In some circumstances, he obtained tax refund checks that were issued to those taxpayers by the United States Treasury. He then forged the taxpayers’ signatures on the checks and cashed them at a money services business located in Lexington.
Kaira also admitted that between February and March of 2014, he committed bank fraud by using the false tax returns to obtain refund anticipation loans from one of several financial institutions. Information presented at the sentencing hearing established that Kaira fraudulently claimed $668,046.45 in tax refunds; of this amount, $588,129.62 was paid by the United States Treasury.
Kaira pleaded guilty to the charges in August of 2014.
Kerry B. Harvey, United States Attorney for the Eastern District of Kentucky, Craig Hutzell, Acting Special Agent in Charge, U.S. Secret Service, and Christopher A. Henry, Special Agent in Charge, IRS, jointly announced the sentence.
Four Plead Guilty to Crimes Connected to Two Hash Oil Manufacturing ExplosionsRead the Press Release
Four men charged in July 2014 with two separate hash oil explosions pleaded guilty this week in U.S. District Court in Seattle, announced Acting U.S. Attorney Annette L. Hayes. The charges relate to explosions in Kirkland on January 1, 2014 and in Bellevue on November 5, 2013. Sentencing hearings for the defendants are scheduled for March 2015.
DANIEL JAMES STRYCHARSKE, 28, and JESSE D. KAPLAN, 31, pleaded guilty today to Endangering Human Life While Manufacturing Controlled Substances, Maintaining a Drug Involved Premises and Manufacturing Hash Oil and Marijuana in connection with the Bellevue explosion and fire on November 5, 2013 at the Hampton Greens apartment complex. Former Bellevue Mayor Nan Campbell was hospitalized for a broken pelvis she suffered trying to escape the flames. She later died following complications after her hospitalization. Two other apartment residents suffered shattered bones as they had to jump from their upper level apartments.
Yesterday, ROBBY WAYNE MEISER, 46, and BRUCE W. MARK, 62, pleaded guilty to Endangering Human Life While Manufacturing Controlled Substances in connection with the January 1, 2014 explosion and fire at the Inglenook Apartments in Kirkland. The explosion and fire threw debris some 25 feet, moved the north wall of the building 6-8 inches, and disconnected the roof from the building walls.
Endangering Human Life While Manufacturing Controlled Substances is punishable by up to ten years in prison. Maintaining a Drug Involved Premises is punishable by up to 20 years in prison and Manufacturing Hash Oil and Marijuana is punishable by up to five years in prison.
The cases were investigated by multiple local and federal agencies including: the Drug Enforcement Administration (DEA), Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), the U.S. Marshals Service, the Bellevue Police Department, the Seattle Police Department, and the Kirkland Police Department.
The cases are being prosecuted by Assistant United States Attorneys Todd Greenberg and Vince Lombardi.
Fort Dodge Woman Sentenced to Federal Prison for Use of Fire to Commit Wire FraudRead the Press Release
A woman who conspired to use fire to commit wire fraud by causing a home to be destroyed by fire, and collecting proceeds from a bogus insurance claim alleging the fire was accidental was sentenced November 25, 2014, to 10 years in federal prison.
Shirley Weimer, age 67, from Fort Dodge, Iowa, received the prison term after an April 1, 2014, guilty plea to conspiracy to use fire to commit wire fraud.
Evidence presented by the United States at the change of plea hearings and sentencings revealed that Weimer hired a tenant, Lisa Young, to burn down the rental property where Ms. Young was living. Ms. Young recruited her adult children into the conspiracy as well as her ex-husband. After an unsuccessful attempt to destroy the residence, the conspirators tried again, and successfully burned the rental property, putting first responders, neighbors, and insurance adjustors at risk. Ms. Weimer then received $78,593.25 from the insurance company for her bogus insurance claim.
Weimer was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Weimer was sentenced to 120 months’ imprisonment. A special assessment of $100 was imposed, and she was ordered to make $78,593.25 plus interest in restitution to State Farm Insurance. She must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.Previously Ashley Straight, Gerald Straight, and Lisa Young were sentenced for their roles in the conspiracy receiving prison sentences of 13 months imprisonment each for Ashley Straight and Gerald Straight and 7 months imprisonment for Lisa Young.
Weimer is being held in the United States Marshal’s custody until she can be transported to a federal prison.
The case was investigated by Special Agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Iowa Department of Public Safety’s Office of State Fire Marshal and Department of Criminal Investigation, Deputies of the Webster County Sheriff’s Office, Officers of the Fort Dodge Police Department and Investigators of State Farm Insurances’ Special Investigation Unit. The case was prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-3035.
Former Postal Employee and Conspirators Sentenced in Tax Fraud and Identity Theft SchemeRead the Press Release
Follow @NDFLNewsTALLAHASSEE, FLORIDA – Rashad Lamond Anderson, 23, of Tampa, Annecia Bellandra Larkins, 23, and Tavin Gernard Larkins, 23, both of Havana, and Almecia Endelease Pillers, 21, of Quincy, were sentenced Monday by United States District Judge Mark Walker after pleading guilty to conspiring to defraud the United States, theft of government property, and aggravated identity theft charges. The sentences were announced today by Pamela C. Marsh, United States Attorney for the Northern District of Florida.
The government’s evidence showed that between November 2011, and July 2012, Rashad Anderson, Annecia Larkins, Tavin Larkins, and Almecia Pillers conspired to cash United States Treasury checks they obtained using stolen personal identifying information in fraudulent income tax returns filed with the Internal Revenue Service. Anderson delivered the fraudulently obtained Treasury checks to Annecia Larkins, who was employed as a clerk with the United States Postal Service in Midway, Florida. Annecia Larkins then converted the fraudulently obtained Treasury checks into Postal Money Orders (PMOs), keeping $2,000 for each Treasury check she negotiated before delivering the remaining PMOs to Anderson.
During the course of their scheme, Annecia Larkins issued 685 PMOs from her negotiation of seventy-eight fraudulently obtained Treasury checks, totaling $625,924.94. In an effort to further conceal the fraud, Annecia Larkins enlisted the assistance of her husband, Tavin Larkins, and her sister, Almecia Pillers, to deposit her share of the proceeds into their respective bank accounts.
United States District Judge Mark Walker sentenced Rashad Lamond Anderson to 40 months in prison on the conspiracy and theft charges and a 24 month consecutive sentence on the aggravated identity theft charge for using stolen taxpayer identities. In addition to this 64 month total prison sentence, Judge Walker also sentenced Anderson to three years of supervised release and ordered him to pay $625,924.94 in restitution.
Judge Walker sentenced Annecia Larkins to 24 months in prison on the conspiracy and theft charges, and a 24 month consecutive sentence on the use of stolen taxpayer identities for a total of 48 months in prison. Judge Walker also sentenced Annecia Larkins to three years of supervised release and ordered her to pay $625,924.94 in restitution.
Tavin Larkins was sentenced to 12 months in prison on the conspiracy and theft charges and to three years of supervised release, and Almecia Pillers was sentenced to 12 months of probation on the conspiracy and theft charges. Both were ordered to pay $625,924.94 in restitution.
U.S. Attorney Marsh credited the success of this prosecution to the joint efforts of the Leon County Sheriff’s Office, the United States Postal Service - Office of Inspector General, the United States Postal Inspection Service, and the Internal Revenue Service. The case was prosecuted by Assistant United States Attorney Jason R. Coody.
p> p>Former Corrections Officer Sentenced to Federal Prison After Accepting Bribes from InmatesRead the Press Release
Ocala, Florida – Senior U.S. District Judge Wm. Terrell Hodges yesterday sentenced Jason Monroe Epstein (29, Orlando) to 18 months in federal prison for receipt of a bribe by a public official. Epstein previously pleaded guilty to the offense on September 9, 2014.
According to court documents, between April 1, 2012 and April 30, 2014, Epstein worked as a penitentiary corrections officer at the Coleman Federal Correctional Complex in Sumter County, Florida. During that time, federal agents received reliable information from inmates at the facility that Epstein had been accepting monetary payments in return for smuggling tobacco and marijuana into the prison. Further investigation resulted in recorded conversations between Epstein and the inmates, in which Epstein admitted to accepting the bribes. When confronted by investigators, Epstein confessed that he had received “hundreds of dollars” in illegal payments from the inmates and that he had smuggled the contraband into the prison for them on at least “three or four” occasions.
This case was investigated by the Federal Bureau of Investigation and the Department of Justice- Office of the Inspector General. It was prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
Former Art Gallery Employee Pleads Guilty to over $1.5 Million EmbezzlementRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Jeffrey Hall (48, Maitland) has pleaded guilty to mail fraud. He faces a maximum penalty of 20 years in federal prison. As part of his plea agreement, Hall agreed to pay over $1.5 million in restitution. His sentencing has been scheduled for February 19, 2015.
Hall was indicted on August 27, 2014.
According to court documents, Hall worked at a local art gallery with other locations outside of Central Florida. Over a two-year period, he used his position at the gallery to embezzle over $1.5 million. Hall did this by diverting proceeds from the sale of artwork to his own personal bank accounts, or to a business account that belonged to him. He also used the gallery’s artwork as loan collateral for himself and sold some of the artwork on eBay.
This case was investigated by Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Roger B. Handberg.
Florida Man Indicted on A Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has handed down an indictment charging Andre L. Jenkins, 36, of Florida, with being a felon in possession of a firearm. The charge carries a maximum sentence of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that Jenkins, aka Bear or Little Bear, was previously convicted of felony charges in 1998 and 2010 in the state of South Dakota. According to the indictment, the defendant possessed a Glock 9mm semi-automatic pistol between September 4 and September 6, 2014. The indictment also contains a forfeiture allegation involving the firearm and a magazine containing 13 rounds of ammunition.
The indictment is the culmination of an investigation on the part of the North Tonawanda Police Department, under the direction of Chief William Hall, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco,
Firearms and Explosives, under the direction of Acting Special Agent in Charge James S. Higgins, New York Field Office, and the Niagara County District Attorney’s Office, under the direction of Michael Violante.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Esteban Delgado Camacho Sentenced to 120 Months in Prison for Cocaine Conspiracy and Firearm ChargesRead the Press Release
GREENEVILLE, Tenn. – On Nov. 24, 2014, Esteban Delgado Camacho, 48, of Weaverville, N.C., was sentenced by the Honorable R. Leon Jordan, U.S. District Court Judge, to serve 120 months in prison for his role as a source of supply in a cocaine conspiracy centered in and around the Johnson City, Tenn., area and for possessing firearms in furtherance of his cocaine trafficking.
According to the plea agreement on file with the U.S. District Court, Camacho admitted that he conspired to distribute between 3.5 to 5 kilograms of cocaine in the Eastern District of Tennessee and elsewhere. He also admitted that he supplied co-defendant Victor Verdin with cocaine. In February 2014, law enforcement officers arrested Camacho and Verdin as they were conducting a drug deal involving a quarter kilogram of cocaine at a residence maintained by Verdin in Johnson City. Verdin, 49, of Johnson City, Tenn., previously pleaded guilty in this case and is currently scheduled to be sentenced on Feb. 10, 2015.
A subsequent search warrant at Camacho’s residence in North Carolina resulted in the seizure of approximately a quarter kilogram of cocaine, approximately an ounce of crack cocaine, multiple firearms, digital scales and over $41,000 in U.S. currency.
Law enforcement agencies participating in the investigation which led to the indictment and subsequent conviction of Camacho included the Drug Enforcement Administration (in Tennessee and North Carolina), Tennessee Bureau of Investigation, Johnson City Police Department, First District Drug Task Force, Department of Homeland Security Investigations, Bureau of Alcohol, Tobacco and Firearms and Washington County Sheriff’s Office. Assistant U.S. Attorney Wayne Taylor represented the United States.
U.S. Attorney William C. Killian stated, “Defendants, such as this one, should receive the strongest sentences in the federal court for their armed illegal drug activity.”
- Edinburg Carjacker Sentenced to Federal Prison
East Amherst Man Arrested, Charged with Bankruptcy FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Marc Korn, 58, of Amherst, NY, was arrested and charged by criminal complaint with bankruptcy fraud. The charge carries a maximum sentence of five years and a fine of $250,000.
Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated that according to the complaint, Korn made false statements under oath during a recent bankruptcy proceeding. In addition, the defendant is accused of failing to disclose assets transferred to another person in order to conceal those assets from the bankruptcy.
Korn made an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and was released on conditions. The defendant is due back in court on December 2, 2014.
Korn is currently under federal indictment on charges of wire fraud, bank fraud, and failure to pay over employment taxes, as well as making false statements to law enforcement which carry a maximum penalty of 30 years in prison, a fine of $1,000,000 or both. A trial on those charges is scheduled to begin on May 20, 2015. As a result of today’s complaint, a motion has filed to revoke the defendant’s bail on the previous charges.
Today’s arrest is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Detroit Woman Sentenced in Michigan to WV Oxycodone Trafficking OperationRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Tara Tighe, Public Affairs SpecialistCLARKSBURG, WEST VIRGINIA – Amanda Lilly Daniels, 26, of Detroit, Michigan, was sentenced to 41 months in prison for her role in transporting prescription painkillers from Detroit, Michigan to Clarksburg, West Virginia, United States Attorney William J. Ihlenfeld, II, announced today.
An investigation by the Greater Harrison County Drug and Violent Crime Task Force, a HIDTA-funded initiative, revealed that Daniels would travel from Michigan to West Virginia with hundreds of oxycodone pills. The pills would then be sold to a series of associates for redistribution in the Clarksburg area.
As part of the sentence, Daniels will also forfeit her interest in two firearms, nine rounds of ammunition, and $5,947.00. She will be given credit for time served since December 2013. Daniels pled guilty in March 2014 to one count of "Possession with Intent to Distribute Oxtcodone."
Assistant U.S. Attorney Shawn Morgan prosecuted the case on behalf of the government.
U.S. District Judge Irene M. Keeley presided.
Convicted Felon Pleads Guilty to Attempting to Illegally Re-Enter the U.S.Read 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 Fernando DeAzevedo Melo, 46, a citizen of Portugal, pleaded guilty before U.S. District Court Judge Richard J. Arcara, to attempting to re-enter the United States following a subsequent felony conviction. The charge carries a maximum sentence of 10 years in prison and a fine of $250,000.
Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that on June 30, 2014, Melo attempted to re-enter the United States at the Rainbow Bridge. Because the defendant had previously been removed from the United States for a previous felony conviction, he needed permission to reapply for admission into the United States.
The investigation is the culmination of an investigation on the part of Customs and Border Protection, under the direction of Randy Howe, Director of Field Operations.
Sentencing is scheduled for March 6, 2015, at 1:00 p.m. before Judge Arcara.
Conspirator Sentenced to 7 Years in Prison for Stealing Aluminum Carts from the Postal ServiceRead the Press Release
Stole 2,611 Containers With Replacement Cost of Over $3.6 Million
Baltimore, Maryland – U.S. District Judge Richard D. Bennett sentenced Aaron Kevin Howard, age 53, of Brooklyn, Maryland, today to seven years in prison, followed by three years of supervised release, for conspiring to steal, and theft of, aluminum carts from the U.S. Postal Service. Judge Bennett also ordered Howard to pay restitution of $404,794.91.The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Postal Inspector in Charge Gary R. Barksdale of the U.S. Postal Inspection Service - Washington Division; and Anne Arundel County Police Chief Kevin Davis.
The U.S. Postal Service used and stored mail transport equipment, including large aluminum carts known as over-the-road containers. From 2007 through 2010, Howard worked at a private mailer located in Baltimore. From 2005 through April 2014, Howard’s co-defendant, Roland Michael Muir, worked for the same company, driving a box truck.
According to court documents and evidence presented to the Court, from July 2010 to 2014, Howard and Muir drove the private mailer’s box truck to two U.S. Postal Service bulk mail centers in Capitol Heights where they stole the over-the-road containers and loaded them on the truck. When in the bulk mail center, Howard told a USPS employee that he worked for the Baltimore IRS. The thefts typically occurred between midnight and 2:00 a.m. After taking the containers, the co-conspirators drove to a warehouse where they used spray paint to cover the U.S. Postal Service markings on the containers. They then drove the truck to a metal recycler and sold the containers for scrap value, receiving about $1,300 in cash for each transaction.
Howard and Muir changed metal recyclers when questioned about the source of the containers, or when the recyclers refused to buy the containers. In the fall of 2013 when Muir’s employment position no longer allowed him access to his employer’s truck, Howard rented a truck to use in the scheme.
Beginning sometime in 2014, Muir’s participation in the conspiracy ceased. Howard continued to steal and sell the containers, often working alone.
From July 2010 through April 2014, Howard stole approximately 2611 containers from the USPS on 311 days. The replacement cost of the stolen containers is approximately $3,694,565. Howard and Muir received at least $404,794.91 in cash from the sale of containers to metal recyclers.
Co- defendant Roland Michael Muir, age 57, of Glen Burnie, Maryland, pleaded guilty to conspiring to steal, and theft of, aluminum carts from the U.S. Postal Service. Judge Bennett has scheduled his sentencing for December 5, 2014, at 11:00 a.m.
United States Attorney Rod J. Rosenstein praised the U.S. Postal Inspection Service - Washington Division and Anne Arundel County Police for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney Paul E. Budlow, who is prosecuting the case.