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Friday 21 November 2014
Fairhaven Pharmacy to Pay $20,000 Civil PenaltyRead the Press Release
BOSTON – The United States Attorney’s Office in Boston reached a civil settlement today with PharmaHealth Specialty Pharmacy in Fairhaven, Mass., in connection with allegations that the company violated federal regulations related to the sale of prescription drugs.
The government contended that PharmaHealth violated the Controlled Substances Act by dispensing controlled substances to physicians instead of patients, failing to keep complete and accurate records of controlled substances, and failing to maintain readily retrievable records of controlled substances. PharmaHealth has agreed to pay $20,000 in settlement of these claims.
“The mishandling of prescription drugs is of great concern to federal authorities,” said United States Attorney Carmen M. Ortiz. “For the sake of patient safety, and to ensure that medications end up in the hands of patients rather than addicts, we will continue to monitor pharmacies to make certain that they abide by regulations while conducting business.”
U.S. Attorney Ortiz and Michael J. Ferguson, Acting Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division, made the announcement today. The investigation was conducted by Diversion Investigators with the DEA’s Boston Field Division. The case was handled by Assistant U.S. Attorney Christine Wichers of Ortiz’s Civil Division.
Fairfield Man Who Purchased Tableting Machine to Produce Oxycodone Pills Is SentencedRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that DAVID WOLVOVSKY, 31, of Fairfield, was sentenced today by U.S. District Judge Stefan R. Underhill in Bridgeport to four years of probation, the first six months of which WOLVOVSKY must spend in home confinement, for illegally importing a tablet machine to produce oxycodone pills. Judge Underhill also ordered WOLVOVSKY to pay a fine of $2,000, forfeit $21,034 in cash that was seized at the time of his arrest, and perform 100 hours of community service.
According to court documents and statements made in court, on July 23, 2013, WOLVOVSKY was arrested after he received delivery of a package containing a tableting machine that had been ordered from China and delivered to his residence. On that date, WOLVOVSKY stated to investigators that he purchased the machine through an individual he had met on the Internet, and that he had also purchased what he had believed to be a large quantity oxycodone powder from the same individual. WOLVOVSKY then stated that, before the machine had arrived, he had tested the powder and determined that it was not true oxycodone powder. A subsequent search of WOLVOVSKY’s residence revealed a package containing approximately one kilogram of the fake oxycodone powder. The search also revealed opiate test kits, packaging materials, tablet dying/imprinting machinery and $21,034 in cash.
On July 24, 2014, WOLVOVSKY waived his right to indictment and pleaded guilty to one count of unlawfully importing a tableting machine.
This matter is being investigated by the DEA New Haven Tactical Diversion Squad and Homeland Security Investigations. The case is being prosecuted by Assistant U.S. Attorney Rahul Kale.
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[email protected]Former Executive Director of Virgin Islands Legislature Convicted of Bribery and ExtortionRead the Press Release
WASHINGTON – After a three-day trial, a federal jury found the former executive director of the Legislature of the Virgin Islands guilty of accepting bribes and extortion in the awarding of contracts with the Legislature.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Ronald W. Sharpe of the District of the Virgin Islands, and Special Agent in Charge Carlos Cases of the FBI’s San Juan Field Office made the announcement.
Louis “Lolo” Willis, 56, of St. Thomas, Virgin Islands, was convicted of two counts of federal programs bribery and two counts of extortion under color of official right. U.S. District Judge Curtis V. Gomez of the District of the Virgin Islands set the sentencing hearing for Feb. 13, 2015.
According to evidence presented at trial, Willis was the executive director of the Legislature between 2009 and 2012. His responsibilities included oversight of the major renovation of the Legislature building and awarding and entering into government contracts in connection with the project. Willis was also responsible for authorizing payment to the contractors for their work. Evidence presented at trial demonstrated that Willis accepted bribes, including $13,000 in cash and checks, from contractors in exchange for using his official position to secure more than $350,000 in contracting work for the contractors and to ensure they received payment upon completion.
This case was investigated by the FBI-San Juan Field Office’s St. Thomas Resident Agency, the Internal Revenue Service, Criminal Investigation, and the Office of the Virgin Islands Inspector General. The case is being prosecuted by Trial Attorneys Peter Mason and Justin Weitz of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Delia Smith of the District of the Virgin Islands. Former Trial Attorneys Tracee Plowell and Jennifer Blackwell and former Assistant U.S. Attorney Kim Lindquist assisted in the investigation of the case.
Eight Individuals Charged with Stealing Federal Benefits as Part of Operation November RainRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces the filing of federal charges against individuals in eight separate cases. These individuals have been charged with stealing $767,949 in federal benefits to which they were not entitled. The penalty for stealing federal benefits or making false statements is up to 10 years in federal prison per count. These Middle District of Florida cases arose out of Operation November Rain, an operation initiated and overseen by the Social Security Administration - Office of Inspector General with assistance from multiple other federal and local law enforcement agencies.
These cases were investigated and defendants were apprehended by the joint work of the Social Security Administration – Office of Inspector General, the United States Marshals Service, the United States Secret Service, the Department of Health and Human Services - Office of Inspector General, the Jacksonville Sheriff’s Office, and the Citrus County Sheriff’s Office. These cases will be prosecuted by Assistant United States Attorneys throughout the Middle District of Florida, including Dale Campion, Malisa Chokshi, Mac Heavener, Jay Taylor, Robert Bodnar, and Embry Kidd.
An indictment is merely formal charges that a defendant has violated one or more federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
Operation November Rain Case Summaries
Edna Brown-Powell (58, Orlando) has been charged with theft of government funds. According to the indictment, from January 2000 until February 2014, Brown-Powell fraudulently received $61,614 in Social Security benefits that were intended for her deceased father.Larry Hallam (36, Lawtey) has been charged with theft of government funds. According to the indictment, from September 2011 through September 2013, Hallam fraudulently received over $1,000 in Social Security benefits.
Claudia Pellum Brooks (64, Baldwin) has been charged with theft of government funds. According to the indictment, between March 1993 and April 2014, Brooks fraudulently received Social Security and Medicaid benefits totaling approximately $208,517.
Kalen Amanda Kennedy (49, Inverness) has been charged with theft of government funds. According to the indictment, from November 2009 until July 2014, Kennedy received $78,648 in Social Security benefits to which she was not entitled.
Noel Hernandez (49, Davenport) has been charged with theft of government funds. According to the indictment, from October 1999 through April 2014, Hernandez received $154,089.00 in Social Security benefits to which he was not entitled.
April Amanda Carter (35, Jacksonville) has been charged with theft of government funds. According to the indictment, between May 2012 and May 2014, Carter received $20,248 in Social Security and Medicaid benefits to which she was not entitled. She has also has been charged with three counts of making a false statement to a government agency. According to court documents, Carter falsely stated to the Social Security Administration that she was unemployed and raising her child on her own, when, as she knew, she was employed and raising her child along with her husband.
Sheila I. Hall Onley (56, Jacksonville) has been charged with theft of government funds. According to the indictment, from December 2008 to March 2014, Onley fraudulently received $21,681 in Social Security benefits that were intended for her deceased mother.
Essie Mae Dye (75, Jasper) has been charged with theft of government funds. According to the indictment, from May 1997 to March 2014, Dye fraudulently received $175,842.20 in Social Security benefits that were intended for her deceased mother.
Eagle Butte Man Charged with AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Arvin Red Bear, Sr., age 52, was indicted on November 13, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 20, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about June 29, 2014, Red Bear unlawfully assaulted a male victim with a dangerous weapon, and said assault resulted in serious bodily injury.
The charges are merely accusations and Red Bear 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 Troy R. Morley is prosecuting the case.
Red Bear was released on bond pending trial. A trial date has not been set.
Department of Justice Releases Resource Guide to Help Law Enforcement Strengthen Relationships with CommunitiesRead the Press Release
The Bureau of Justice Assistance (BJA) today announced the release of a resource guide intended to help law enforcement officers build stronger community-police relations. The Resource Guide for Enhancing Community Relationships and Protecting Privacy and Constitutional Rights is a collaboration between BJA and the Office of Community Oriented Policing Services (COPS Office).
“The Justice Department encourages law enforcement officials, in every jurisdiction, to work with the communities they serve to minimize needless confrontation,” Attorney General Eric Holder said. “It is vital to engage in planning and preparation, from evaluating protocols and training to choosing the appropriate equipment and uniforms. This is the hard work that is necessary to preserve the peace and maintain the public trust at all times—particularly in moments of heightened community tension.”
“The role of law enforcement is not only to enforce the law, but to preserve peace, minimize harm, and sustain community trust,” said BJA Director Denise O’Donnell. “The resources available through this guide will help police departments and sheriffs’ offices maintain order and build effective police-community relationships, while promoting the rights and protecting the civil liberties of the citizens they serve.”
For many years, BJA and the COPS Office have developed guides, publications, webinars, checklists and tools for law enforcement agencies on community policing, building community trust, diversity training, privacy protections, and safeguarding first amendment rights. Building strong police-community relations requires a sustained effort over time, yet maintaining these relationships is exceedingly difficult during and in the aftermath of a high-profile incident or civil unrest. Professional law enforcement departments and effective operations require training and ongoing support from all partners. This guide helps law enforcement agencies locate these resources in one place, including in-person and online training opportunities, publications, reports, podcasts, and websites.
“Law enforcement officers are stewards of the peace and protectors of the people, but above all else, they are custodians of the public trust,” said COPS Office Director Ron Davis. “As a former police chief, I am proud of the work we are doing at the Department of Justice to help America’s public safety professionals carry out this sacred duty.”
The Resource Guide is available at www.bja.gov/Publications/CommRelGuide.pdf.
The Office of Justice Programs, headed by Assistant Attorney General Karol V. Mason, provides federal leadership in developing the nation’s capacity to prevent and control crime, administer justice, and assist victims. OJP has six components: the Bureau of Justice Assistance; the Bureau of Justice Statistics; the National Institute of Justice; the Office of Juvenile Justice and Delinquency Prevention; the Office for Victims of Crime and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. More information about OJP can be found at www.ojp.gov.
The COPS Office, headed by Director Ronald L. Davis, is the federal agency responsible for advancing community policing nationwide. Since 1995, the COPS Office has awarded over $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and tribal law enforcement agencies to fund the hiring and redeployment of approximately 125,000 officers and provide a variety of knowledge resource products including publications, training, and technical assistance. For additional information about the COPS Office, please visit www.cops.usdoj.gov.
Deming Man Pleads Guilty to Federal Conspiracy, Kidnapping and Firearms ChargesRead the Press Release
Jessie A. Hopper, Jr., Admits Role in Plot to Kidnap Woman and Two Young Children
in Hot Springs, Arkansas, and Transport Them to Deming, New MexicoALBUQUERQUE - Jessie A. Hopper, Jr., 30, of Deming, N.M., pled guilty this morning in federal court in Las Cruces, N.M., to conspiracy, kidnapping and firearms charges. The guilty plea was entered without the benefit of a plea agreement.
Hopper, Jr., and his codefendants, Jessie Hopper, Sr., 54, and Polly Hopper, 60, also of Deming, N.M.,
were arrested in May 2014, on a criminal complaint charging them with kidnapping and firearms charges. The three defendants have been in federal custody since that time.In June 2014, the three defendants were charged in a six-count indictment. Counts 1 and 2 of the indictment charged the three with conspiracy and kidnapping. Count 3 charged the two men with brandishing a firearm in relation to a crime of violence. Counts 4 and 5 charged Hopper, Sr., and Hopper, Jr., with being felons in possession of firearms, and Count 6 charged the men with unlawfully possessing a sawed-off shotgun with an obliterated serial number.
According to court filings, the three defendants kidnapped a woman and her two young children and transported them in interstate commerce. Hopper, Jr., and Hopper, Sr., allegedly kidnapped the victims in Hot Springs, Ark., on May 8, 2014, with the assistance of Polly Hopper. Hopper, Jr., allegedly handcuffed the adult victim and brandished a firearm at her to force her to comply with his demands, including a demand that she telephone family members to assure them that she was voluntarily leaving Arkansas with Hopper, Jr. On May 8 and 9, 2Ol4, the three defendants allegedly drove the victims from Arkansas to the defendants' residence in Deming, where Hopper, Jr., and Hopper Sr., sexually assaulted the adult victim several times.
The three defendants were arrested by the New Mexico State Police on state charges on May 10, 2014. They remained in state custody until they were transferred to federal custody on May 16, 2014, to face the charges in this case. The state charges, which are being pursued by the 6th Judicial District Attorney's
Office for the State of New Mexico, are still pending.Today Hopper, Jr., pled guilty to Counts 1, 2, 3, 5 and 6 of the indictment. He remains in custody pending his sentencing hearing, which has yet to be scheduled. At sentencing, Hopper, Jr., faces a statutory maximum penalty of any term of years to life imprisonment, and a seven-year prison sentence for brandishing a firearm that must be served consecutive to any sentence imposed for the other offenses.
Hopper, Sr., and Polly Hopper have entered not guilty pleas and are scheduled for trial on Feb. 23,
2015. If convicted, each faces a statutory maximum penalty of any term of years to life imprisonment. If convicted on the firearms brandishing charge, Hopper, Sr., face seven years in prison that must be served consecutive to any sentence imposed on the other charges against him. Charges in indictments are merely
accusations and a criminal defendant is presumed innocent unless convicted in a court of law.
This case was investigated by the Las Cruces offices of the FBI and ATF, the New Mexico State Police, and the Luna County Sheriff s Office, with assistance from the 6th Judicial District Attorney's Office for the State of New Mexico. The FBI in Little Rock, Ark., the Garland County (Arkansas) Sheriff s Office, and the U.S. Attorney's Office for the Western District of Arkansas also assisted in the investigation. The case is being prosecuted by Assistant U.S. Attorneys Randy M. Castellano and Maria Y. Armijo of the U.S. Attorney's Las Cruces Branch Office.Danny Hendon, Former Owner of Danny’s Car Wash, Sentenced to 12 Months Prison,12 Months Home Confinement for Overseeing Multi-year, Company-wide Scheme to Employ Unauthorized AliensRead the Press Release
PHOENIX– On Nov. 20 and 21, 2014, U.S. District Court Judge Neil V. Wake presided over the sentencing of 14 defendants, including Daniel Lewis “Danny” Hendon, 64, of Paradise Valley, Ariz., who once served as managers or supervisors of Danny’s Family Car Wash (“DFC”), a prominent chain of local car washes. All of the defendants previously pleaded guilty to the felony offense of conspiracy to commit identity theft. Hendon was sentenced to 12 months in prison, to be followed by 12 months of home confinement, and also agreed to divest himself of any future ownership, managerial, or profit-sharing interest in the DFC organization. The remaining defendants received sentences ranging from probation to three months in prison. In addition, Judge Wake ordered the corporate entities that compose the DFC organization, which previously pleaded guilty to the crime of pattern/practice of employing unauthorized aliens, to forfeit over $156,000.
U.S. Attorney John Leonardo stated, “Today’s sentences should send a strong message to the Arizona business community - companies that knowingly employ unauthorized aliens will be punished severely. The hiring scheme at Danny’s Car Wash not only harmed the individuals whose identities were stolen, but also was unfair to competing businesses that sought to play by the rules with respect to their labor costs and practices.”
“These sentences again give notice to employers who exploit illegal alien labor about the consequences of violating our nation’s laws,” said Matt Allen, special agent in charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) in Arizona. “Our goal is to protect job opportunities for the nation’s legal workers and level the playing field for those businesses that play by the rules. The bottom line is, businesses that use illegal alien workers to gain an economic advantage over their competition must understand they will potentially pay a price for those unlawful practices.”
In April 2011, DFC was forced to terminate over 900 employees after an audit by HSI special agents that revealed those employeeshad presented fraudulent, insufficient, or ineligible documents at the time of their initial hire. Although DFC initially attempted to hire lawful employees as replacements, those replacements quickly proved ineffective and/or too expensive. In response, Hendon instructed the company’s managers to “bring back” the old employees. Although some managers expressed discomfort with this instruction, they were threatened with the loss of their jobs if they refused to comply. As a result, beginning in mid-2011, DFC embarked upon a multi-year, company-wide scheme to rehire the unauthorized aliens who had previously been terminated. These aliens routinely used someone else’s identification in order to pass their E-Verify background check, and DFC’s management was aware of - and often affirmatively facilitated - these identity-theft efforts. The scheme continued until August 2013, when criminal investigators from the Department of Homeland Security executed search warrants at DFC’s corporate headquarters and at various DFC car wash locations. Over 230 unauthorized aliens were working for DFC on the date of the search.
The investigation in this case was conducted by the Department of Homeland Security, Homeland Security Investigations. The prosecution was handled by Dominic Lanza and Lisa Jennis, Assistant U.S. Attorneys, District of Arizona, Phoenix.
CASE NUMBERS: CR-13-1143, 14-108, 14-301, 14-990
RELEASE NUMBER: 2014-068_ Danny’s Family Car WashFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Credit Suisse Sentenced for Conspiracy to Help U.S. Taxpayers Hide Offshore Accounts from Internal Revenue ServiceRead the Press Release
Pays $1.8 Billion to Department of Justice and the Internal Revenue Service in a Fine and Restitution
Credit Suisse AG was sentenced today for conspiracy to aid and assist U.S. taxpayers in filing false income tax returns and other documents with the Internal Revenue Service (IRS). Credit Suisse pleaded guilty to conspiracy on May 19. The sentencing of the Swiss corporation is the result of a years-long investigation by U.S. law enforcement authorities that has also produced indictments of seven Credit Suisse employees and the owner of a trust company since 2011—two of those individuals have pleaded guilty so far—and of U.S. clients of Credit Suisse. The announcement was made by Deputy Attorney General James M. Cole, Acting Deputy Assistant Attorney General Larry J. Wszalek for the Justice Department's Tax Division, U.S. Attorney Dana J. Boente for the Eastern District of Virginia and IRS Commissioner John Koskinen.
At sentencing in the U.S. District Court for the Eastern District of Virginia, U.S. District Chief Judge Rebecca Beach Smith entered judgment and conviction and a restitution order requiring Credit Suisse to pay approximately $1.8 billion dollars to the United States by Nov. 28, per the plea agreement. Credit Suisse will pay the Justice Department’s Crime Victims Fund, through the District Court Clerk’s Office for the Eastern District of Virginia, a fine of approximately $1.136 billion and will pay the IRS $666.5 million in restitution. The parties agreed that Credit Suisse cannot challenge the restitution amount, which can also provide a basis for an IRS civil tax assessment.
“Today, with its criminal conviction and the payment of $2.6 billion in fines and restitution, Credit Suisse is held fully accountable for helping U.S. taxpayers engage in tax evasion,” said Deputy Attorney General Cole. “As we expand our offshore investigations, not just in Switzerland, but around the world, the message to banks who engaged in these crimes is clear—step forward, accept responsibility for your past conduct, and help us hold responsible the U.S. taxpayers who benefitted, and the individuals who assisted them. Only through full cooperation will you avoid the most severe sanctions.”
The plea agreement, along with agreements made with state and federal agencies, provides that Credit Suisse will pay a total of approximately $2.6 billion—approximately $1.8 billion in a criminal fine and restitution, $100 million to the Federal Reserve and $715 million to the New York State Department of Financial Services. Earlier this year, Credit Suisse negotiated cease and desist orders with the Federal Reserve and the state of New York requiring the bank to take certain remedial steps to ensure its compliance with U.S. law in its ongoing operations in addition to the civil penalties. Credit Suisse also paid approximately $196 million in disgorgement, interest and penalties to the Securities and Exchange Commission (SEC) for violating the federal securities laws by providing cross-border brokerage and investment advisory services to U.S. clients without first registering with the SEC. Together, these actions by U.S. law enforcement and state and federal partners appropriately punish Credit Suisse for its past behavior in these matters.
As part of the plea agreement, Credit Suisse acknowledged that, for decades prior to and through 2009, it operated an illegal cross-border banking business that knowingly and willfully aided and assisted thousands of U.S. clients in opening and maintaining undeclared accounts and concealing their offshore assets and income from the IRS.
According to the statement of facts filed with the plea agreement, Credit Suisse employed a variety of means to assist U.S. clients in concealing their undeclared accounts, including by:
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Assisting clients in using sham entities to hide undeclared accounts;
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Soliciting IRS forms that falsely stated, under penalties of perjury, that the sham entities were the beneficial owners of the assets in the accounts;
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Failing to maintain records in the United States related to the accounts;
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Destroying account records sent to the United States for client review;
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Using Credit Suisse managers and employees as unregistered investment advisors on undeclared accounts;
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Facilitating withdrawals of funds from the undeclared accounts by either providing hand-delivered cash in the United States or using Credit Suisse’s correspondent bank accounts in the United States;
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Structuring transfers of funds to evade currency transaction reporting requirements; and
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Providing offshore credit and debit cards to repatriate funds in the undeclared accounts.
As part of the plea agreement, Credit Suisse further agreed to make a complete disclosure of its cross-border activities, cooperate in treaty requests for account information, provide detailed information as to other banks that transferred funds into secret accounts or that accepted funds when secret accounts were closed and to close accounts of account holders who fail to come into compliance with U.S. reporting obligations. Credit Suisse has also agreed to implement programs to ensure its compliance with U.S. laws, including its reporting obligations under the Foreign Account Tax Compliance Act and relevant tax treaties, in all its current and future dealings with U.S. customers.
“Today’s sentencing of Credit Suisse AG holds the bank responsible for its decades-long pervasive conduct of aiding U.S. taxpayers in the commission of tax crimes,” said Acting Deputy Assistant Attorney General Wszalek. “The Justice Department will continue to vigorously pursue our global enforcement efforts against individuals who avoid their tax obligations by hiding their assets in foreign bank accounts, and the financial institutions, bankers, and other professionals who facilitate these crimes.”
“Credit Suisse AG ran an illegal cross-border business which willfully aided U.S. clients in concealing their offshore assets and income from the U.S. government,” said U.S. Attorney Boente. “Simply put, if you are in the business of hiding money from the U.S. government you will be caught, you will be prosecuted and you will pay the price for your crime. The successful prosecution of Credit Suisse AG, and today’s sentencing is representative of the tireless commitment and hard work of this office and our partners at the Internal Revenue Service.”
“Today's sentencing is yet another striking example of what happens to those who help offshore tax evaders,” said IRS Commissioner Koskinen. “We owe it to the vast majority of honest U.S. taxpayers to tirelessly search for and prosecute those who dodge paying their fair share and the unprincipled professionals who assist them.”
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On December 5, two former employees of a Credit Suisse subsidiary will be sentenced for their involvement in assisting U.S. customers to evade their taxes. On March 12, Andreas Bachmann, a former banker at Credit Suisse Fides pleaded guilty to a superseding indictment in connection with his work as a banker at Credit Suisse Fides. On April 30, Josef Dörig, a former Credit Suisse Fides employee and owner/operator of a trust company, pleaded guilty to conspiring to defraud the IRS in connection with his role managing offshore entities used by U.S. taxpayers to conceal their accounts at Credit Suisse. The pleas were accepted by U.S. District Judge Gerald Bruce Lee in the Eastern District of Virginia. Bachmann and Dörig each face a statutory maximum sentence of five years in prison.
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This case was prosecuted by Assistant U.S. Attorney Mark D. Lytle and Senior Litigation Counsel Mark F. Daly and Nanette L. Davis of the Justice Department’s Tax Division. The case was investigated by IRS-Criminal Investigation.
The Department of Justice expressed gratitude to the Board of Governors of the Federal Reserve System, the Federal Reserve Bank of New York, the SEC and the New York State Department of Financial Services for their significant and valuable assistance.
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Connecticut U.S. Attorney's Office Recovers $112 Million for U.S. Taxpayers in Fiscal Year 2014Read the Press Release
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U.S. Attorney Deirdre M. Daly today announced that the U.S. Attorney’s Office for the District of Connecticut collected $112,723,252.62 in criminal and civil actions in Fiscal Year 2014. Of this amount, $95,214,056.17 was collected in criminal actions and $17,509,196.45 was collected in civil actions.
Further, the District of Connecticut, working with other U.S. Attorney’s Offices and components of the Department of Justice, collected an additional $174,020,651.35 in cases pursued jointly with these offices. Of this amount $150,068,294.28 was collected in criminal actions and $23,952,357.07 was collected in civil actions.Attorney General Eric Holder announced on Wednesday that the Justice Department collected $24.7 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2014.
The more than $24 billion in collections in FY 2014 represents over eight times the appropriated $2.91 billion budget for the 94 U.S. Attorney’s offices and the main litigating divisions in that same period.
“Every day, the Justice Department’s federal prosecutors and trial attorneys work hard to protect our citizens, to safeguard precious taxpayer resources, and to provide a valuable return on investment to the American people,” said Attorney General Holder. “Their diligent efforts are enabling us to achieve justice and recoup losses in virtually every sector of the U.S. economy. And this result shows the fruits of the Justice Department’s tireless work in enforcing federal laws; in protecting the American people from violent crime, national security threats, discrimination, exploitation, and abuse; and in holding financial institutions accountable for their roles in causing the 2008 financial crisis.”
“This past fiscal year, our Office’s dedicated and talented attorneys and staff helped to recover over $286 million which will be returned to the public, and most importantly, to the victims of crime,” said U.S. Attorney Daly. “For the District of Connecticut, this unprecedented amount of recovered money exceeds our Office’s yearly budget by approximately 13 times. We are gratified that these funds are returned directly to victims of crime, provide needed services for these victims and fund ongoing federal, state and local law enforcement efforts. One of our primary missions is to seek justice for victims, remove ill-gotten gains from wrongdoers and protect the integrity of important government programs.”
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.
FY 2014 criminal recoveries in Connecticut include a fine payment of approximately $88 million by Japan-based Marubeni Corporation, which was convicted of participating in a scheme to pay bribes to high-ranking government officials in Indonesia to secure a lucrative power project, and a payment of approximately $9.8 million by New York-based investment bank and broker-dealer Jeffries LLC as part of a non-prosecution agreement relating to Jefferies’ improper trading in residential mortgage-backed securities. The largest civil recovery in Connecticut occurred last March when Sikorsky Aircraft Corporation of Stratford paid $3.5 million to resolve allegations that it violated the False Claims Act arising from the submission of inflated costs in the pricing of helicopter spare parts.
The District of Connecticut also participated with the Justice Department and other Districts to recover approximately $150 million from UBS Securities Japan Co. Ltd. and RBS Securities Japan Ltd., both of which were involved in a long-running manipulation of LIBOR bench mark interest rates, and approximately $22 million from Wellcare Health Plans, Inc., as part of a civil settlement to resolve false claims to Medicare and various Medicaid programs.
In addition, the U.S. Attorney’s office in Connecticut, working with partner agencies and divisions, collected $2,227,708 in asset forfeiture actions in FY 2014. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
The U.S. Attorney’s Office is charged with enforcing federal criminal laws in Connecticut, and with representing the federal government in civil litigation in the District. The District is composed of approximately 64 Assistant U.S. Attorneys and approximately 60 staff members at offices in New Haven, Hartford and Bridgeport.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]Colorado Big Game Hunting Outfitter Sentenced to More Than Two Years for Role in Illegal Mountain Lion and Bobcat HuntsRead the Press Release
Christopher W. Loncarich, 55, of Mack, Colorado, was sentenced in federal court in Denver yesterday to serve 27 months in prison. The sentence was a result of Loncarich’s guilty plea to a felony conspiracy charge stemming from his sale of outfitting services for illegal mountain lion and bobcat hunts in Colorado and Utah, the Justice Department announced.
On Aug. 15, 2014, Loncarich pleaded guilty to one count of conspiracy to violate the Lacey Act. The Lacey Act is a federal law that makes it illegal to knowingly transport or sell in interstate commerce any wildlife that has been taken or possessed in violation of state laws or regulations.
According to the plea agreement, and an indictment returned by the grand jury for the District of Colorado on Jan. 7, 2014, Loncarich conspired with others to provide numerous illegal hunts of mountain lions and bobcats in Colorado and Utah from 2007 to 2010. In particular, Loncarich and his confederates trapped, shot and caged mountain lions and bobcats prior to hunts in order to provide easier chases of the cats for clients. Loncarich also admitted that he and his assistants guided several hunters that did not possess a Utah mountain lion or bobcat license on mountain lion or bobcat hunts in Utah. Loncarich’s base of operations in Mack, Colorado, is approximately five miles from the Utah-Colorado border. Loncarich sold mountain lion hunts for between $3,500 and $7,500 and bobcat hunts for between $700 and $1,500.
Four of Loncarich’s assistant guides have previously pleaded guilty to Lacey Act violations in connection with their guiding activities with Loncarich. On July 30, 2014, Loncarich’s lead assistant guide, Nicholaus J. Rodgers, pleaded guilty to felony conspiracy to violate the Lacey Act in connection with his work for Loncarich.
The case was investigated by the U.S. Fish & Wildlife Service, Colorado Parks and Wildlife and the Utah Division of Wildlife Resources. The case is being prosecuted by the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division.
Colchester Man Sentenced for Possession of Child PornographyRead the Press Release
Tristram J. Coffin, United States Attorney for the District of Vermont, stated that Andrew Kittell, 37, of Colchester, Vermont, was sentenced today by Chief U.S. District Court Judge Christina Reiss, to 13 months in prison for possession of child pornography. Additionally, Kittell was sentenced to five years of supervised release to be served after the completion of his prison term.
According to Court records, an investigator with the Vermont Attorney General’s Office detected a computer that was offering to share child pornography on the Internet. The investigator downloaded a video file from the computer that contained child pornography. The investigation was then referred to the federal agency, Homeland Security Investigations (“HSI”). HSI Special Agents obtained a federal search warrant for Kittell’s home during which Kittell’s computer and an external hard drive were seized. An HSI forensic expert determined that the external hard drive contained over 150 videos of child pornography.
Kittell was arrested on January 22, 2014, and appeared before the United States District Court that same day. On January 30, 2014, a federal grand jury handed down an indictment against Kittell for possession of child pornography. Kittell plead guilty to the single count indictment on July 14, 2014.
This case was investigated by the Vermont Attorney General’s Office and Homeland Security Investigations. The United States Attorney, Tristram J. Coffin, commends those agencies for their work. The case was prosecuted by Assistant U.S. Attorney, Nancy J. Creswell. Kittell was represented by Ernest M. Allen III.
Canadian Woman Sentenced to 30 Months in Prison for Illegal Drug Distribution ConspiracyRead the Press Release
LAKE CHARLES, La. –United States Attorney Stephanie A. Finley announced that aCanadian womanwas sentenced Thursday to 30 months in prison for conspiring to buy methamphetamine in Houston for sale in the Lake Charles area.
Lisa Odale, 59, of Airdrie, Canada, was sentenced Thursday by U.S. District Judge Patricia Minaldi for one count of conspiracy to distribute 500 grams or more of a mixture of a substance containing a detectable quantity of methamphetamine. She was also sentenced to five years of supervised release and ordered to pay $3,988 in restitution for extradition costs. According to evidence presented at the June 5, 2014 guilty plea, Odale, a Canadian who was living in Houston at the time of her arrest, conspired with others to distribute methamphetamine from December 2005 to April 2006. On January 30, 2006, police responded to a home invasion complaint when they found methamphetamine among Odale’s possessions. Upon further investigation, it was discovered that Odale had been selling the methamphetamine to dealers who would distribute the illegal drugs in the Lake Charles area.
The DEA, Houston Police Department, Calcasieu Parish Sheriff’s Office and the Calcasieu Parish Combined Anti-Drug Team participated in this OCDETF investigation. Assistant U.S. Attorney Kelly P. Uebinger prosecuted the case.
The defendants were arrested as part of Organized Crime Drug Enforcement Task Force (OCDETF) investigation Operation Whiteout. The OCDETF program is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
California Man Pleads Guilty in Manhattan Federal Court to Selling “Blackshades” Malware That Enabled Users Around the World to Secretly and Remotely Control Victims’ ComputersRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced that BRENDAN JOHNSTON, an administrator of Blackshades who helped market and sell malicious software, or malware, including the Blackshades’ Remote Access Tool (“RAT”), pled guilty today in Manhattan federal court to conspiracy to commit computer hacking. As an administrator, JOHNSTON marketed and sold the RAT and other malware, and provided technical assistance to Blackshades’ customers. He pled guilty today before U.S. District Judge Jesse M. Furman.
Manhattan U.S. Attorney Preet Bharara said: “Today Brendan Johnston, who helped market and sell the Blackshades RAT, became the latest individual to plead guilty to computer hacking offenses in connection with this case. This Office will continue to work with our law enforcement partners at the Federal Bureau of Investigation to find and prosecute those who create, market, and employ malicious software.”
According to the allegations in documents filed in Manhattan federal court, and statements made at today’s plea and other court proceedings:
Beginning in at least 2010, an organization known as “Blackshades” sold and distributed malware to thousands of cybercriminals throughout the world. Blackshades’ flagship product was the RAT – a sophisticated piece of malware that enabled cybercriminals secretly and remotely to gain control over a victim’s computer. After installing the RAT on a victim’s computer, a user of the RAT had free rein to, among other things, access and view documents, photographs, and other files on the victim’s computer, record all of the keystrokes entered on the victim’s keyboard, steal the passwords to the victim’s online accounts, and even activate the victim’s web camera to spy on the victim – all of which could be done without the victim’s knowledge.
The RAT was purchased by at least several thousand users in more than 100 countries and used to infect more than half a million computers worldwide. Blackshades generated sales of more than $350,000 between September 2010 and April 2014.
JOHNSTON personally used Blackshades malware and was also a paid employee of the Blackshades organization who, among other things, marketed and sold the RAT, and provided technical assistance to users of the RAT to assist them in infecting and remotely controlling victims’ computers with the RAT. In certain online postings, JOHNSTON described himself as an “authorized seller” and “admin,” or administrator, of Blackshades.
JOHNSTON, 24, of Thousand Oaks, California, pled guilty today before U.S. District Judge Jesse M. Furman to conspiracy to commit computer hacking, which carries a maximum sentence of 10 years in prison. He is scheduled to be sentenced by Judge Furman on May 27, 2015, at 3:30 p.m. The maximum potential sentences are prescribed by Congress, and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Alex Yücel, the alleged owner of Blackshades and co-creator of the RAT, was arrested in Moldova in November 2013 and extradited to the United States in May 2014. His case is pending before United States District Judge Kevin P. Castel. The charges against Yücel are merely accusations and he is presumed innocent unless and until proven guilty.
Michael Hogue, the co-creator of the RAT, pled guilty before Judge Castel in January 2013 and is awaiting sentencing.
Kyle Fedorek, a customer of Blackshades who purchased the RAT and used it to steal financial and other account information from more than 400 victims, pled guilty on August 19, 2014, before U.S. Magistrate Judge Gabriel W. Gorenstein and is scheduled to be sentenced by U.S. District Judge Vernon S. Broderick on January 30, 2015, at 2:30 p.m.
Marlen Rappa, a customer of Blackshades who purchased the RAT and used it to infect victims’ computers, spy on those victims using their web cameras, and steal personal files from their computers, pled guilty on October 31, 2014, before U.S. District Judge Valerie E. Caproni. He is scheduled to be sentenced by Judge Caproni on January 29, 2015, at 2:00 p.m.
Mr. Bharara praised the outstanding investigative work of the Federal Bureau of Investigation.
The case is being prosecuted by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorneys Sarah Lai and Daniel Noble are in charge of the prosecution.
Buxton Man Pleads Guilty to Receiving Child PornographyRead the Press Release
Contact: Craig M. Wolff
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced that John
Whittenburg, 62, of Buxton, Maine, pled guilty today in U.S. District Court to receiving child
pornography.According to court records, in April 2012, investigators looking into the sharing of child
pornography over the internet interviewed Whittenburg at his home in Buxton. Whittenburg
admitted that he had downloaded child pornography and consented to a search of his residence.
Investigators found numerous child pornography files stored on his electronic equipment,
including a video file depicting a minor female engaged in sexual activity that he had
downloaded in October 2011 using a peer-to-peer file-sharing program.
Whittenburg faces a sentence of no less than 5 years and no more than 20 years in prison,
up to a $250,000 fine and supervised release of up to life. He will be sentenced after the
completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by the Maine State Police Computer Crimes Unit and
the U.S. Secret Service.Brockport Man Sentenced on Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5877
FAX: (716) 551-3051ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that, Juan Morales, 25, of Brockport, NY, who was convicted of possessing a firearm as a felon, was sentenced to 100 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Jennifer Noto, who handled the case, stated that on February 6, 2014, Morales and co-defendant Jacob Disanto were stopped for speeding on Holley Street in Brockport by College at Brockport University Police Officers. Officers found “dime” size bags of marijuana, a scale and a loaded .22 caliber revolver. Disanto was convicted and sentenced to 61 months in prison.
The sentencing is the culmination of an investigation on the part of the College at Brockport University Police, under the direction of Chief Robert Kehoe, and Special Agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Acting Special Agent in Charge James S. Higgins, New York Field Office.
Boeing Subcontractor Sentenced on Federal Fraud ChargesRead the Press Release
St. Louis, MO – The final defendant in a bribery/kickback scheme involving Boeing military aircraft parts, JEFFREY LAVELLE, owner and operator of J. L. Manufacturing, was sentenced to 15 months in prison and ordered to pay a $50,000 fine. J.L. Manufacturing of Everett, Washington, is an aerospace job machine shop specializing in hard metals, with the capability of producing small to medium sized complex parts of ferrous and non-ferrous materials, and was a sub-contractor to Boeing on numerous United States government F-15 fighter jet contracts.
Over several years, Lavelle and his co-defendant Robert Diaz, Jr. made cash payments to co-defendant Deon Anderson, a Boeing Procurement Officer, in exchange for non-public company financial and bid information. J.L. Manufacturing obtained approximately $2,000,000 in Boeing subcontracts through the bribery scheme, while Deon Anderson was paid approximately $250,000 from J.L. Manufacturing and another subcontractor located in the Los Angeles, California, area through the scheme.
Last month, former Boeing Procurement Officer Deon Anderson was sentenced to 20 months in prison in connection with a bribery/kickback scheme involving Boeing military aircraft parts, as well as structuring currency transactions to conceal his receipt of the cash bribes. Co-defendants William P. Boozer, Hacienda Heights, CA, was sentenced to 18 months in prison and fined $10,000; and Robert Diaz, Jr., Alta Loma, CA, was sentenced to 15 months in prison and fined $2000.
All defendants were sentenced by United States District Judge Henry Autrey in St. Louis.
This case was investigated by Defense Criminal Investigative Service, Federal Bureau of Investigation, NASA-Office of Inspector General, Air Force Office of Special Investigations, Navy Criminal Investigative Service, and Internal Revenue Service Criminal Investigation. Assistant United States Attorney Hal Goldsmith handled the case for the U.S. Attorney’s Office.
Bel Air Man Sentenced to 10 Years in Prison for Selling Heroin to a User who Died of OverdoseRead the Press Release
Baltimore, Maryland – U.S. District Judge J. Frederick Motz sentenced Kenneth Charles Diggins, age 38, of Bel Air, Maryland today to 10 years in prison followed by three years of supervised release for conspiracy to distribute heroin, and distribution of heroin, the use of which resulted in death.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Assistant Special Agent in Charge Gary Tuggle of the Drug Enforcement Administration, Baltimore District Office; and Harford County Sheriff L. Jesse Bane.
According to his plea agreement, Diggins supplied heroin to Jamie Lynn Lidlow on multiple occasions in late December 2011. On December 27, 2011, Lidlow and another individual arrived at Diggins’ residence. They drove to Towson, Maryland to buy heroin. Diggins bought six grams of heroin from a drug dealer, and was reimbursed by Lidlow and the other individual. Diggins drove them back to his house where Lidlow and the other individual each took the heroin Diggins had purchased. Lidlow subsequently died of heroin overdose, after using the heroin supplied by Diggins.
United States Attorney Rod J. Rosenstein praised the DEA and Harford County Sheriff’s Office for their work in the investigation and thanked Assistant U.S. Attorney Peter J. Martinez, who prosecuted the case.
Attorney General Holder Touts Release of New Guidance to Law Enforcement Officers About How to Maintain Order During First Amendment-Protected EventsRead the Press Release
In Video, Attorney General Also Reminds Potential Demonstrators That ‘History Shows That Most Successful Movements Adhere to Nonviolence’
Attorney General Eric Holder on Friday touted the Justice Department’s release of new guidance to law enforcement, which he said would help officers maintain public safety while safeguarding constitutional rights. The guidance was issued by the department’s Bureau of Justice Assistance and Office of Community Oriented Policing Services.
“The Justice Department encourages law enforcement officials, in every jurisdiction, to work with the communities they serve to minimize needless confrontation,” the Attorney General said in a video posted on the department’s website. “It is vital to engage in planning and preparation, from evaluating protocols and training to choosing the appropriate equipment and uniforms. This is the hard work that is necessary to preserve the peace and maintain the public trust at all times—particularly in moments of heightened community tension.”
The complete text of the Attorney General’s video message is below:
“At the United States Department of Justice, we are committed to ensuring that our local law enforcement partners have the resources they need to effectively serve and protect all members of their communities, particularly when citizens exercise their constitutionally protected rights. To that end, the Bureau of Justice Assistance and the Office of Community Oriented Policing Services are providing new guidance to law enforcement officers about how to approach maintaining order during First Amendment-protected events. This comprehensive new guide compiles information, tools, and best practices that will help law enforcement officers maintain public safety while safeguarding constitutional rights.
“As we’ve seen, durable relationships between the police and their communities do not develop overnight. But as someone who has spent a career at all levels of law enforcement—and as the brother of a retired police officer—I know the importance of these outreach efforts to ensuring effective neighborhood policing, officer safety, and community health. The Justice Department encourages law enforcement officials, in every jurisdiction, to work with the communities they serve to minimize needless confrontation. It is vital to engage in planning and preparation, from evaluating protocols and training to choosing the appropriate equipment and uniforms. This is the hard work that is necessary to preserve the peace and maintain the public trust at all times—particularly in moments of heightened community tension.
“Over the past few months, we’ve seen demonstrations and protests that have sought to bring attention to real and significant underlying issues involving police practices, implicit bias, and pervasive community distrust. And in most cases, these demonstrations have been both meaningful and responsible, and have brought vital issues to the attention of the public at large. Similarly, the vast majority of law enforcement officers have honorably defended their fellow citizens engaged in these peaceful protests.
“I know, from first-hand experience, that demonstrations like these have the potential to spark a sustained and positive national dialogue, to provide momentum to a necessary conversation, and to bring about critical reform.
“But history has also shown us that the most successful and enduring movements for change are those that adhere to non-aggression and nonviolence. And so I ask all those who seek to lend their voice to important causes and discussions, and who seek to elevate these vital conversations, to do so in a way that respects the gravity of their subject matter. Peaceful protest has been a hallmark, and a legacy, of past movements for change, from patriotic women who demanded access to the franchise, to the civil rights pioneers who marched for equal rights and equal justice. Americans exercising their First Amendment right to free assembly should look to those examples as they work to bring about real and lasting change for themselves and for future generations.
“Of course, I recognize that progress will not come easily, and long-simmering tensions will not be cooled overnight. These struggles go to the heart of who we are, and who we aspire to be, both as a nation and as a people—and it is clear that we have a great deal of important work to do. But as we move forward, the Department of Justice—and I personally—will continue to work with law enforcement and communities throughout the country to help build the more perfect Union—and the more just society—that all Americans deserve.”
The full video of the Attorney General’s message is available at http://www.justice.gov/opa/video/maintaining-public-safety-while-safeguarding-constitutional-rights.
Attorney General Holder Touts Release of New Guidance to Law Enforcement Officers About How to Maintain Order During First Amendment-Protected EventsRead the Press Release
Contact: (202) 514-2007
WASHINGTON— Attorney General Eric Holder on Friday touted the Justice Department’s release of new guidance to law enforcement, which he said would help officers maintain public safety while safeguarding constitutional rights. The guidance was issued by the department’s Bureau of Justice Assistance and Office of Community Oriented Policing Services.
“The Justice Department encourages law enforcement officials, in every jurisdiction, to work with the communities they serve to minimize needless confrontation,” the Attorney General said in a video posted on the department’s website. “It is vital to engage in planning and preparation, from evaluating protocols and training to choosing the appropriate equipment and uniforms. This is the hard work that is necessary to preserve the peace and maintain the public trust at all times—particularly in moments of heightened community tension.”
The complete text of the Attorney General’s video message is below:
“At the United States Department of Justice, we are committed to ensuring that our local law enforcement partners have the resources they need to effectively serve and protect all members of their communities, particularly when citizens exercise their constitutionally protected rights. To that end, the Bureau of Justice Assistance and the Office of Community Oriented Policing Services are providing new guidance to law enforcement officers about how to approach maintaining order during First Amendment-protected events. This comprehensive new guide compiles information, tools, and best practices that will help law enforcement officers maintain public safety while safeguarding constitutional rights.
“As we’ve seen, durable relationships between the police and their communities do not develop overnight. But as someone who has spent a career at all levels of law enforcement—and as the brother of a retired police officer—I know the importance of these outreach efforts to ensuring effective neighborhood policing, officer safety, and community health. The Justice Department encourages law enforcement officials, in every jurisdiction, to work with the communities they serve to minimize needless confrontation. It is vital to engage in planning and preparation, from evaluating protocols and training to choosing the appropriate equipment and uniforms. This is the hard work that is necessary to preserve the peace and maintain the public trust at all times—particularly in moments of heightened community tension.
“Over the past few months, we’ve seen demonstrations and protests that have sought to bring attention to real and significant underlying issues involving police practices, implicit bias, and pervasive community distrust. And in most cases, these demonstrations have been both meaningful and responsible, and have brought vital issues to the attention of the public at large. Similarly, the vast majority of law enforcement officers have honorably defended their fellow citizens engaged in these peaceful protests.
“I know, from first-hand experience, that demonstrations like these have the potential to spark a sustained and positive national dialogue, to provide momentum to a necessary conversation, and to bring about critical reform.
“But history has also shown us that the most successful and enduring movements for change are those that adhere to non-aggression and nonviolence. And so I ask all those who seek to lend their voice to important causes and discussions, and who seek to elevate these vital conversations, to do so in a way that respects the gravity of their subject matter. Peaceful protest has been a hallmark, and a legacy, of past movements for change, from patriotic women who demanded access to the franchise, to the civil rights pioneers who marched for equal rights and equal justice. Americans exercising their First Amendment right to free assembly should look to those examples as they work to bring about real and lasting change for themselves and for future generations.
“Of course, I recognize that progress will not come easily, and long-simmering tensions will not be cooled overnight. These struggles go to the heart of who we are, and who we aspire to be, both as a nation and as a people—and it is clear that we have a great deal of important work to do. But as we move forward, the Department of Justice—and I personally—will continue to work with law enforcement and communities throughout the country to help build the more perfect Union—and the more just society—that all Americans deserve.”
The full video of the Attorney General’s message is available at http://www.justice.gov/opa/video/maintaining-public-safety-while-safeguarding-constitutional-rights.14-1308
DO NOT REPLY TO THIS MESSAGE. IF YOU HAVE QUESTIONS, PLEASE USE THE CONTACTS IN THE MESSAGE OR CALL THE OFFICE OF PUBLIC AFFAIRS AT 202-514-2007.Arkansas Man Arrested and Detained for Traveling to Colorado with the Intent to Engage in Illicit Sexual Conduct with ChildrenRead the Press Release
DENVER – Donnie Waldo, Jr., age 47, of Dover, Arkansas, appeared in U.S. Magistrate Court this morning for a detention hearing, following his recent arrest for aggravated sexual abuse with children, travel with intent to engage in illicit sexual conduct, and attempted coercion and enticement of minors, U.S. Attorney John Walsh and U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) Acting Special Agent in Charge John Eisert announced. Waldo was charged by Criminal Complaint on November 10, 2014. He was indicted by a federal grand jury in Denver on November 17, 2014. Today Waldo was ordered held without bond by U.S. Magistrate Judge Michael J. Watanabe, after making a determination that the defendant was a danger to the community and a risk of flight.
According to the affidavit in support of the Criminal Complaint, as well as the indictment, starting in October of 2014, an undercover HSI agent initiated an investigation targeting individuals using a specific website to sexually exploit children. The free website allows users to create profiles and post pornographic videos and pictures based on their sexual interests. The website included groups called “incest,” “jailbait” and “teen”. Members can post advertisements in the “classified” section seeking to meet members with the same sexual interests, such as incest and rape.
During the course of the investigation the undercover agent came across an advertisement on the website, which stated: “I am a 47 year old man I am 6’3” tall weight 220 lbs at the present time I am married but me and my wife cant have children together I am interested in finding a woman to have an incest relationship with I want to start an incest family with a nice woman who is seeking the same thing I want a woman who is interested in me breeding her if this is you then lets talk” (sic).
On October 2, 2014, an undercover HSI agent working in an online undercover capacity in Greeley as a single mother with two young daughters responded to the advertisement. The undercover agent in the single mother persona and the target conducted numerous chats online – mostly involving the prospect of him having a sexual relationship with the undercover agent’s persona and her two daughters, ages 10 and 14. During one of the chats, the target allegedly stated that he wanted a “very open relationship . . . openly having sex with you (the single mother persona) and both daughters” and further discussed that he wanted to impregnate the single mother’s persona and both daughters.
Further investigation revealed that the ad was posted by Arkansas resident Donnie Waldo. Waldo made arrangements with the single mother persona to travel to Denver to meet and engage in sexual relations with the mother and her two daughters. On November 6, 2014, Waldo boarded a flight from Little Rock, Arkansas to Atlanta. In Atlanta, he boarded a flight to Denver, where he was arrested by HSI agents.
“Preventing sexual predators from using the internet to prey on children is a crucial priority for law enforcement and for the United States Attorney’s Office,” said U.S. Attorney John Walsh. “This defendant was ordered held without bond because of the gravity of the pending charges.”
“Anyone who travels a thousands of miles across state lines to have sex with a minor is every parent’s worst nightmare,” said John Eisert, special agent in charge of Homeland Security Investigations in Denver. “Our HSI agents work aggressively to find these predators and pursue prosecution with the U.S. Attorney’s Office.”
If convicted of aggravated sexual abuse with children, the defendant faces not less than 30 years, and not more than life imprisonment. If convicted of travel with intent to engage in illicit sexual conduct, the defendant faces not more than 30 years in federal prison. If convicted of attempted coercion and enticement, the defendant faces not less than 10 years, and up to life in federal prison for each of the two counts. Each count also carries a penalty of up to a $250,000 fine.
This case was investigated by ICE HSI. The defendant is being prosecuted by Assistant U.S. Attorney Alecia L. Riewerts.
The charges contained in the indictment are allegations, and the defendant is considered innocent until proven guilty.
This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, PSC 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 PSC, please visit http://www.justice.gov/psc/ For more information about Internet safety education, please visit http://www.justice.gov/psc/resources.html and click on the tab "resources."
Accused Member of Foreign Terrorist Organization Extradited to United States on Hostage-Taking ChargesRead the Press Release
Diego Alfonso Navarrete Beltran, 42, an accused member of the Fuerzas Armadas Revolucionarias de Colombia (FARC) terrorist organization, has been extradited from Colombia to face hostage taking and terrorism charges in the United States.
The extradition was announced by John P. Carlin, Assistant Attorney General for National Security, Ronald C. Machen Jr., U.S. Attorney for the District of Columbia and George L. Piro, Special Agent in Charge of the FBI’s Miami Division.
Navarrete Beltran was extradited from Colombia to the United States this week to face charges in a superseding indictment returned in the District of Columbia on Feb. 22, 2011. The indictment, which names as defendants 18 members of the FARC, charges Navarrete Beltran specifically with one count of conspiracy to commit hostage taking; three counts of hostage taking; one count of using and carrying a firearm during a crime of violence; one count of conspiracy to provide material support to terrorists and one count of conspiracy to provide material support to a designated foreign terrorist organization.
A second defendant, Alexander Beltran Herrera, 38, a FARC commander, was extradited to the United States from Colombia in March 2012. He pled guilty on March 18, 2014, in the U.S. District Court for the District of Columbia, to three counts of hostage-taking and he was sentenced on Oct. 24, 2014, to a 27-year prison term.
“Diego Alfonso Navarrete Beltran and his FARC accomplices are alleged to have been involved in the hostage-taking of three Americans in Colombia more than a decade ago,” said Assistant Attorney General Carlin. “Terrorists who target our citizens with violence anywhere in the world should know that we will pursue them and seek to bring them to justice, however long it takes.”
“In 2003, three U.S. citizens were taken hostage by Colombian terrorists and held captive with choke harnesses and chains for more than five years,” said U.S. Attorney Machen. “Last month, a commander of that Colombian terrorist organization was sentenced to nearly three decades in prison for his role in the hostage-taking. We have now extradited a second defendant to face charges for the role he allegedly played in their harrowing ordeal. These prosecutions are a reminder of our unwavering commitment to hold accountable anyone who harms American citizens abroad, no matter how long it takes.”
“Diego Alfonso Navarrete Beltran, a former member of the FARC terrorist organization, was extradited to the United States to face terrorism and hostage taking charges involving three U.S. Citizens,” said FBI Special Agent in Charge Piro. “There is a message here for would be terrorist hostage takers; don’t do it, you will be brought to justice.”
Navarrete Beltran was arraigned today in federal court in the District of Columbia. If convicted of all charges against him, he faces a maximum potential sentence of life in prison.
According to the indictment, the FARC is an armed, violent organization in Colombia, which since its inception in 1964, has engaged in an armed conflict to overthrow the Republic of Colombia, South America’s longest-standing democracy. The FARC has consistently used hostage taking as a primary technique in extorting demands from the Republic of Colombia. Hostage taking has been endorsed and commanded by FARC senior leadership. The FARC has characterized American citizens as “military targets” and has engaged in violent acts against Americans in Colombia, including murders and hostage taking. The FARC was designated as a foreign terrorist organization by the U.S. Secretary of State in 1997 and remains so designated.
The indictment alleges that Navarrete Beltran was a member of the 1st Front in the FARC’s Southern Block. He was allegedly involved in the hostage taking of three U.S. citizens, Marc D. Gonsalves, Thomas R. Howes and Keith Stansell. These three individuals, along with Thomas Janis, a U.S. citizen, and Sergeant Luis Alcides Cruz, a Colombian citizen, were seized on Feb. 13, 2003, by the FARC after their single engine aircraft made a crash landing near Florencia, Colombia. Janis and Cruz were murdered at the crash site by members of the FARC.
According to the indictment, Mr. Gonsalves, Mr. Howes and Mr. Stansell were held by the FARC at gunpoint and were advised by FARC leadership that they would be used as hostages to increase international pressure on the government of the Republic of Colombia to agree to the FARC’s demands.
The FARC at various times marched the hostages from one site to another, placing them in the actual custody of various FARC Fronts. At the conclusion of one 40-day march, in or about November 2004, the hostages were delivered to members of the FARC’s 27th Front, commanded by Daniel Tamayo Sanchez, who was responsible for the hostages for nearly two years, after which they were delivered to the FARC’s 1st Front. From approximately October 2006 through July 2008, according to the indictment, Navarrete Beltran and others kept the hostages under the control of the FARC’s 1st Front. In order to prevent the Colombian police and military from rescuing the hostages, he and other conspirators transported the hostages into the Republic of Venezuela.
Throughout the captivity of the hostages, FARC jailors and guards, including Naverrete Beltran, used choke harnesses, chains, padlocks and wires to restrain the hostages, and used force and threats to continue their detention and prevent their escape. The indictment also accuses Navarrete Beltran of using and carrying a military-type machine gun during the hostage taking and providing material support and resources to aid in the hostage taking and to aid the FARC.
In July 2008, the Colombian military conducted an operation which resulted in the rescue of the hostages. All told, members of the FARC held the Americans hostage for 1,967 days.
An indictment is merely a formal allegation that a defendant has committed a violation of criminal laws and every defendant is presumed innocent until, and unless, proven guilty.
This investigation is being led by the FBI’s Miami Field Division. The prosecution is being handled by Assistant U.S. Attorney Fernando Campoamor-Sanchez from the U.S. Attorney’s Office for the District of Columbia, and Trial Attorney David Cora from the Counterterrorism Section of the Justice Department’s National Security Division.
Substantial assistance in the case was provided by the Justice Department’s Office of International Affairs, the Department’s Judicial Attachés in Colombia, the FBI’s Office of the Legal Attaché in Colombia, and the FBI’s Washington Field Office.
The public is reminded that an indictment contains mere allegations and that defendants are presumed innocent unless and until proven guilty.
Accused Member of Foreign Terrorist Organization Extradited to United States on Hostage-Taking ChargesRead the Press Release
WASHINGTON - Diego Alfonso Navarrete Beltran, 42, an accused member of the Fuerzas Armadas Revolucionarias de Colombia (FARC) terrorist organization, has been extradited from Colombia to face hostage taking and terrorism charges in the United States.
The extradition was announced by John P. Carlin, Assistant Attorney General for National Security, Ronald C. Machen Jr., U.S. Attorney for the District of Columbia and George L. Piro, Special Agent in Charge of the FBI’s Miami Division.
Navarrete Beltran was extradited from Colombia to the United States this week to face charges in a superseding indictment returned in the District of Columbia on Feb. 22, 2011. The indictment, which names as defendants 18 members of the FARC, charges Navarrete Beltran specifically with one count of conspiracy to commit hostage taking; three counts of hostage taking; one count of using and carrying a firearm during a crime of violence; one count of conspiracy to provide material support to terrorists and one count of conspiracy to provide material support to a designated foreign terrorist organization.
A second defendant, Alexander Beltran Herrera, 38, a FARC commander, was extradited to the United States from Colombia in March 2012. He pled guilty on March 18, 2014, in the U.S. District Court for the District of Columbia, to three counts of hostage-taking and he was sentenced on Oct. 24, 2014, to a 27-year prison term.
“Diego Alfonso Navarrete Beltran and his FARC accomplices are alleged to have been involved in the hostage-taking of three Americans in Colombia more than a decade ago,” said Assistant Attorney General Carlin. “Terrorists who target our citizens with violence anywhere in the world should know that we will pursue them and seek to bring them to justice, however long it takes.”
“In 2003, three U.S. citizens were taken hostage by Colombian terrorists and held captive with choke harnesses and chains for more than five years,” said U.S. Attorney Machen. “Last month, a commander of that Colombian terrorist organization was sentenced to nearly three decades in prison for his role in the hostage-taking. We have now extradited a second defendant to face charges for the role he allegedly played in their harrowing ordeal. These prosecutions are a reminder of our unwavering commitment to hold accountable anyone who harms American citizens abroad, no matter how long it takes.”
“Diego Alfonso Navarrete Beltran, a former member of the FARC terrorist organization, was extradited to the United States to face terrorism and hostage taking charges involving three U.S. Citizens,” said FBI Special Agent in Charge Piro. “There is a message here for would be terrorist hostage takers; don’t do it, you will be brought to justice.”
Navarrete Beltran was arraigned today in federal court in the District of Columbia. If convicted of all charges against him, he faces a maximum potential sentence of life in prison.
According to the indictment, the FARC is an armed, violent organization in Colombia, which since its inception in 1964, has engaged in an armed conflict to overthrow the Republic of Colombia, South America’s longest-standing democracy. The FARC has consistently used hostage taking as a primary technique in extorting demands from the Republic of Colombia. Hostage taking has been endorsed and commanded by FARC senior leadership. The FARC has characterized American citizens as “military targets” and has engaged in violent acts against Americans in Colombia, including murders and hostage taking. The FARC was designated as a foreign terrorist organization by the U.S. Secretary of State in 1997 and remains so designated.
The indictment alleges that Navarrete Beltran was a member of the 1st Front in the FARC’s Southern Block. He was allegedly involved in the hostage taking of three U.S. citizens, Marc D. Gonsalves, Thomas R. Howes and Keith Stansell. These three individuals, along with Thomas Janis, a U.S. citizen, and Sergeant Luis Alcides Cruz, a Colombian citizen, were seized on Feb. 13, 2003, by the FARC after their single engine aircraft made a crash landing near Florencia, Colombia. Janis and Cruz were murdered at the crash site by members of the FARC.
According to the indictment, Mr. Gonsalves, Mr. Howes and Mr. Stansell were held by the FARC at gunpoint and were advised by FARC leadership that they would be used as hostages to increase international pressure on the government of the Republic of Colombia to agree to the FARC’s demands.
The FARC at various times marched the hostages from one site to another, placing them in the actual custody of various FARC Fronts. At the conclusion of one 40-day march, in or about November 2004, the hostages were delivered to members of the FARC’s 27th Front, commanded by Daniel Tamayo Sanchez, who was responsible for the hostages for nearly two years, after which they were delivered to the FARC’s 1st Front. From approximately October 2006 through July 2008, according to the indictment, Navarrete Beltran and others kept the hostages under the control of the FARC’s 1st Front. In order to prevent the Colombian police and military from rescuing the hostages, he and other conspirators transported the hostages into the Republic of Venezuela.
Throughout the captivity of the hostages, FARC jailors and guards, including Naverrete Beltran, used choke harnesses, chains, padlocks and wires to restrain the hostages, and used force and threats to continue their detention and prevent their escape. The indictment also accuses Navarrete Beltran of using and carrying a military-type machine gun during the hostage taking and providing material support and resources to aid in the hostage taking and to aid the FARC.
In July 2008, the Colombian military conducted an operation which resulted in the rescue of the hostages. All told, members of the FARC held the Americans hostage for 1,967 days.
An indictment is merely a formal allegation that a defendant has committed a violation of criminal laws and every defendant is presumed innocent until, and unless, proven guilty.
This investigation is being led by the FBI’s Miami Field Division. The prosecution is being handled by Assistant U.S. Attorney Fernando Campoamor-Sanchez from the U.S. Attorney’s Office for the District of Columbia, and Trial Attorney David Cora from the Counterterrorism Section of the Justice Department’s National Security Division.
Substantial assistance in the case was provided by the Justice Department’s Office of International Affairs, the Department’s Judicial Attachés in Colombia, the FBI’s Office of the Legal Attaché in Colombia, and the FBI’s Washington Field Office.
The public is reminded that an indictment contains mere allegations and that defendants are presumed innocent unless and until proven guilty.
14-26313 KC-area Residents Charged in $1 Million Drug-trafficking ConspiracyRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that 13 Kansas City, Mo.-area defendants have been indicted for their roles in a conspiracy to distribute more than $1 million worth of cocaine, methamphetamine and marijuana.
A two-year investigation culminated in a dozen arrests and the execution of several search warrants today. Law enforcement officers seized two and a half pounds of methamphetamine, marijuana, cash, drug paraphernalia, two firearms and ammunition during these searches.
Christopher Brian Padilla, 30, Natalie N. Tinoco, 29, Oswaldo Ulises Lopez, 24, Edward Francis Diaz, Jr., 47, Edward Francis Diaz III, 28, Mary Eloisa Steward, 33, Heriberto Muzquiz III, 43, Nicholas Salinas, 46, Jose Tereso Salinas-Covarrubias, 45, and Terry L. Diaz, 50, all of Kansas City, Mo.; Sergio Ibarra-Hernandez, 44, and Martin Fernando Espinoza-Arevalo, 26, both of whom are citizens of Mexico residing in Kansas City, Mo.; and Adan Rogelio Hernandez-Aceves, also known as Jose Delgado-Hernandez, 44, a citizen of Mexico residing in Kansas City, Kan., were charged in a three-count indictment returned under seal by a federal grand jury on Tuesday, Nov. 18, 2014. That indictment was unsealed and made public today upon the arrests and initial court appearances of 12 of the defendants; Terry Diaz remains at large.
The federal indictment alleges that all of the defendants participated in a conspiracy to distribute cocaine, methamphetamine and marijuana from Jan. 1, 2012, to Nov. 19, 2014. The indictment alleges that conspirators distributed at least 15 kilograms of cocaine, two kilograms of methamphetamine and 1,000 kilograms of marijuana.
In addition to the drug-trafficking conspiracy, Padilla is charged with one count of illegally possessing firearms. Padilla allegedly possessed and used a loaded .357-caliber Glock semi-automatic pistol, a Taurus .38-caliber revolver and a Glock .40-caliber semi-automatic pistol in furtherance of a drug-trafficking crime.
Padilla is also charged with selling a Taurus .38-caliber revolver and a Glock .40-caliber semi-automatic pistol to a buyer who was prohibited from possessing a firearm because he was a felon.
The federal indictment also contains a forfeiture allegation, which would require the defendants to forfeit to the government any property derived from the proceeds of the drug-trafficking conspiracy or used to facilitate the commission of the drug-trafficking conspiracy, including a money judgment of $1,050,000 for which all of the defendants are jointly and severally liable. This sum, in aggregate, allegedly was received in exchange for the unlawful distribution of cocaine, methamphetamine and marijuana, based on a conservative average street price of $32,000 per kilogram of cocaine, $1,000 per ounce of methamphetamine and $500 per pound of marijuana and the total conspiracy distribution of at least 15 kilograms of cocaine, two kilograms of methamphetamine and 1,000 kilograms of marijuana.
The forfeiture allegation would also require the defendants to forfeit two residential properties owned by Salinas, a 2007 Chevrolet Avalanche pick-up owned by Hernandez-Aceves and $1,654 seized by law enforcement officers from Steward.
USA vs. Quintana
In a separate but related case, Victor Estevan Quintana, 27, of Kansas City, Mo., was charged in a federal criminal complaint filed today in the U.S. District Court in Kansas City, Mo.
Quintana, who was arrested as part of today’s law enforcement operation, is charged with selling firearms to a convicted felon who was thus prohibited from possessing firearms or ammunition. Quintana allegedly sold a Taurus .38-caliber revolver and a Glock .40-caliber semi-automatic pistol to a convicted felon.
According to an affidavit filed in support of the federal criminal complaint, Quintana was present with Padilla during an undercover drug transaction. Padilla allegedly was involved with Quintana in the sale of the firearms, as charged in the indictment that was unsealed today.
Dickinson cautioned that these charges are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Bruce Rhoades. It was investigated by the Kansas City, Mo., Police Department and the FBI.
Thursday 20 November 2014
Wyoming Man Sentenced for Assault of A Spouse by StranglingRead the Press Release
U.S. Attorney for the District of Wyoming Christopher A. Crofts announced that on November 20, 2014, Jameson Kaulaity, a 28-year-old Northern Arapaho Tribal member, was sentenced by United States District Judge Scott W. Skavdahl to 15 months of imprisonment, to be followed by 3 years supervised release, and a $100 special assessment. Mr. Kaulaity will be required to surrender to the United States Bureau of Prisons to begin serving his sentence on January 5, 2015. He previously pled guilty to one count of assault of a spouse by strangling in violation of 18 U.S.C. §§ 113(a)(8) and 1153. The charge against Mr. Kaulaity stemmed from an incident that occurred on January 29, 2014 on the Wind River Indian Reservation. This case was investigated by the Federal Bureau of Investigation with the assistance of the Bureau of Indian Affairs.
Woodstock Man Pleads Guilty to Federal Child Pornography OffensesRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that RYAN HARDING, 29, of Woodstock, waived his right to indictment and pleaded guilty today before U.S. District Judge Michael P. Shea in Hartford to one count of receipt of child pornography and one count of possession of child pornography.
According to court documents and statements made in court, between July 16, 2013 and October 30, 2013, HARDING received images and videos of child pornography that he downloaded from individuals via the Internet using a peer-to-peer file sharing program. During a search of the residence on October 30, 2013, law enforcement officers seized computers and a thumb drive. Forensic analysis of HARDING’s computers and thumb drive revealed more than 600 image files and videos of child pornography. He also possessed images of a partially naked 13-year old boy that he knew.
Judge Shea scheduled sentencing for March 13, 2015, at which time HARDING faces a mandatory minimum term of imprisonment of five years, a maximum term of imprisonment of 30 years and a fine of up to $250,000.
Since his arrest on November 26, 2013, HARDING has been released on a bond and placed on home confinement with GPS monitoring.
This matter is being investigated by Homeland Security Investigations and the Connecticut State Police Computer Crimes Unit. The case is being prosecuted by Assistant U.S. Attorney Neeraj N. Patel.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]Winter Haven Man Sentenced to 17 Years in Prison for the Attempted Sexual Enticement of A MinorRead the Press Release
Orlando, FL – U.S. District Judge Paul G. Byron today sentenced Edward Alan Vadney (23, Winter Haven) to 17 years in federal prison for the attempted sexual enticement of a minor. The Court also ordered Vadney to serve a life term of supervision and to register as a sex offender following his release from prison. He pleaded guilty on September 4, 2014.
According to court documents, on May 15, 2014, an FBI agent, working in an undercover capacity, discovered an Internet advertisement seeking young girls’ underwear. The agent began corresponding online with the individual; he was later identified as Vadney. During the online conversations, the agent told Vadney that he had two daughters who were ages six and ten. Vadney expressed his interest in meeting and having sex with the children, and arrangements were made to meet at a location in Lake Mary.
The following morning, Vadney traveled from Winter Haven to Lake Mary. When he arrived at the predetermined meeting spot, he was taken into custody. Vadney later admitted that he had traveled to Lake Mary to have sex with the man’s daughters, and that he was going to do it because it was “cool” with the children’s “father.”This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Joseph M. Schuster.
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 the 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.
Winchester Man Pleads Guilty to Child Pornography Production ChargeRead the Press Release
HARRISONBURG, VIRGINIA – A 65-year-old Winchester man who was previously accused of exploiting two young girls, pled guilty yesterday in the United States District Court for the Western District of Virginia in Charlottesville.
Phillip Daniel Rush, 65, of Winchester, Va., pled guilty yesterday to one count of production of child pornography. At his sentencing hearing on March 4, 2014, the defendant faces a possible penalty of between 15-30 years in federal prison.
“Mr. Rush’s despicable act of abusing eight and seven year old girls has justly landed him in federal prison,” United States Attorney Timothy J. Heaphy said today. “When pornographers like Rush exploit children, they will be held accountable.”
According to a factual summary filed during yesterday’s guilty plea hearing, around July 2012, Rush exploited a seven-year-old girl and an eight-year-old girl while they were visiting him. The defendant filmed the two girls engaging in sexually explicit conduct.
Specifically, Rush turned on the webcam of his computer and provided a sexual device to one of the girls. He also later provided a jar of Vaseline. The defendant can be seen during various portions of the hour-long film. An adult pornography movie can be heard playing in the background.
The Winchester Police Department began the investigation into Rush after the mother of an older child notified police that her child had viewed the video of the two minor girls Rush’s computer.
The investigation of the case was conducted by the Winchester Police Department, the United States Secret Service and the Frederick County Sheriff’s Office. Assistant United States Attorneys Nancy S. Healey and Heather Carlton are prosecuting the case for the United States.
Volusia County Man Sentenced to 15 Years for Being A Felon in Possession of FirearmsRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. yesterday sentenced Marco Maurice Heath (36, DeLeon Springs) to 15 years in federal prison for being a felon in possession of firearms. The Court also ordered Heath to forfeit five firearms that he had illegally possessed. Heath was found guilty during a bench trial before Judge Dalton on August 19, 2014. He was originally indicted on May 7, 2014.
According to court documents, on November 8, 2013, a Volusia County Sheriff’s Office investigator saw Heath riding a bicycle with two long guns across the handlebars. Heath disappeared and was found about 20 minutes later riding the bicycle, but without any firearms. Sheriff’s deputies conducted a search of the area, including a nearby house where Heath had spent the night. During the search of the residence, deputies found five firearms in a bedroom, including a shotgun, a semi-automatic assault rifle, and three handguns. Heath admitted that he had stolen the guns that morning in order to sell them for money.
As a previously convicted felon on state offenses, including multiple felony convictions for possession and trafficking of controlled substances, and two armed robberies, Heath was prohibited from possessing any firearms or ammunition under federal law.
This case was investigated by Volusia County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It was prosecuted by Assistant United States Attorney Bruce S. Ambrose.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Regina Lombardo, Special Agent in Charge, ATF, are coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials. It is also a part of ATF’s Frontline Strategy on reducing violent crime in communities.
Vermont Resident Charged in Scheme to Extort Defendant in a High-Profile Palm Beach County State Criminal MatterRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, announce the charges filed against James D. Perron, 48, of Tinmouth, Vermont, for three counts of wire fraud, in violation of Title 18, United States Code, Section 1343. If convicted, Perron faces a maximum penalty of 20 years in prison, three years of supervised release and a fine of up to $250,000 for each count. Perron was initially charged by criminal complaint.
According to the indictment, Perron claimed in text messages sent from Vermont to Florida that through a relative on the jury he could influence the outcome of the trial of State of Florida vs. John Goodman, a high profile Palm Beach County driving under the influence, manslaughter and vehicular homicide case being re-tried. The allegations are that Perron claimed that for an initial down payment of $500,000 he would obtain a hung jury for Goodman and expect to receive another $500,000 upon completion. Perron also wrote that if he got an acquittal for Goodman he would expect a final payoff of $1 million from Goodman.
Based upon information developed during the investigation, Perron did not have the ability or contacts to fulfill his claim and was trying to get half of one million dollars based upon a lie. Perron did not have any means to contact jurors nor have any relatives he controlled on the jury panel deliberating the Goodman case.
John Goodman was re-tried in Palm Beach County by a jury drawn from the Tampa area of Florida after a new trial was ordered based upon juror misconduct occurring during the initial trial. The retrial began on October 6, 2014 and concluded when the jury returned guilty verdicts on October 28, 2014 in the 15th Judicial Circuit in and for Palm Beach County, Florida. Perron initially contacted a defense witness in the Goodman trial to make his offer to fix the outcome of the trial on October 21, 2014 and was arrested on October 26, 2014, before the verdict was returned.
Mr. Ferrer commended the investigative efforts of the FBI and thanked Palm Beach County Sheriff’s Office for their investigation and assistance. This case is being prosecuted by Assistant U.S. Attorney Ellen Cohen.
An indictment and a criminal complaint are merely accusations and a defendant is presumed innocent unless proven guilty.
Attachment:
Indictment - James D. Perron (PDF)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.
United States Attorney’s Office Hosts Students Against Gun Violence ProgramRead the Press Release
Daniel Webster Elementary students take pledge to stay away from gun violence
INDIANAPOLIS - Acting United States Attorney Josh Minkler will be moderating a STUDENTS AGAINST GUN VIOLENCE program at Daniel Webster Elementary School 46, 1450 S. Reisner Street, tomorrow, November 21st, at 10:00 am.
Minkler will be joined by U. S. Magistrate Judge Tim A. Baker, Prosecutor Terry Curry, Sheriff John Layton and IMPD Chief of Police Rick Hite.
The students of Daniel Webster will be given a gun-safety presentation by agents from the Federal Bureau of Investigation and the Bureau of Alcohol Tobacco Firearms and Explosives. They will then take an anti-gun violence pledge administered by Magistrate Judge Baker and sign a pledge banner.
Students, school administrators and law enforcement officials will be available for comment immediately after the program.
The Media is welcome.
U.S. Attorney’s Office for Middle District of Alabama Collects over $2 Million in Civil and Criminal Actions for U.S. Taxpayers in Fiscal Year 2014Read the Press Release
Montgomery, Alabama - U.S. Attorney George L. Beck Jr. announced today that the Middle District of Alabama collected $2,051,872.00 in criminal and civil actions in Fiscal Year 2014. Of this amount, $1,276,453.00 was collected in criminal actions and $775,419.00 was collected in civil actions.
Additionally, the Middle District of Alabama worked with other U.S. Attorneys’ offices and components of the Department of Justice to collect an additional $132,500.00 in civil action cases pursued jointly with these offices.
Attorney General Eric Holder announced yesterday that the Justice Department collected $24.7 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2014. The more than $24 billion in collections in FY 2014 represents nearly eight and a half times the appropriated $2.91 billion budget for the 94 U.S. Attorney’s offices and the main litigating divisions in that same period.
“Every day, the Justice Department’s federal prosecutors and trial attorneys work hard to protect our citizens, to safeguard precious taxpayer resources, and to provide a valuable return on investment to the American people,” said Attorney General Holder. “Their diligent efforts are enabling us to achieve justice and recoup losses in virtually every sector of the U.S. economy. And this result shows the fruits of the Justice Department’s tireless work in enforcing federal laws; in protecting the American people from violent crime, national security threats, discrimination, exploitation, and abuse; and in holding financial institutions accountable for their roles in causing the 2008 financial crisis.”
“The U.S. Attorney’s Office is committed to protecting the public and recovering funds for the victims of crime as well as every taxpayer,” said U.S. Attorney Beck. “Unfortunately, there is enormous profit in crime and these profits come at the expense of hardworking citizens. We will continue to hold accountable, both civilly and criminally, those who seek to make money from illegal activities.”
An example of a sizable collection in the Middle District of Alabama occurred this past May when $360,420.00 was recovered from Rhashema Deramus. In August 2012, Deramus pled guilty to theft of government money, fraudulent use of debit cards, and aggravated identity theft all related to filing fraudulent tax returns. In addition to restitution, Deramus was sentenced to 10 years in prison.
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.
Additionally, the U.S. Attorney’s office in the Middle District of Alabama, working with partner agencies and divisions, collected $899,211.00 in asset forfeiture actions in FY 2014. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
The announcement from Attorney General Eric Holder is available HERE.
PRESS CONTACT: Clark Morris
Email: [email protected]
Telephone: (334) 551-1755
Fax: (334) 223-7617U.S. Attorney’s Office for Eastern MichiganCollects $691,889,997.55 for U.S. Taxpayers in 2014Read the Press Release
U.S. Attorney Barbara L. McQuade announced today that the Eastern District of Michigan collected $691,889,997.55 in criminal and civil actions in Fiscal Year 2014. This total is more than 27 times more than the office’s annual budget of $25 million. Of this amount, $685,731,929.48 was collected in criminal actions and $6,158,068.07 was collected in civil actions.
Additionally, the Eastern District of Michigan worked with other U.S. Attorneys’ offices and components of the Department of Justice to collect an additional $204,518,877.66 in cases pursued jointly with these offices. Of this amount, $34,182.13 was collected in criminal actions and $204,484,695.53 was collected in civil actions.
Attorney General Eric Holder announced today that the Justice Department collected $24.7 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2014. The more than $24 billion in collections in FY 2014 represents nearly eight and a half times the appropriated $2.91 billion budget for the 94 U.S. Attorney’s offices and the main litigating divisions in that same period.“Every day, the Justice Department’s federal prosecutors and trial attorneys work hard to protect our citizens, to safeguard precious taxpayer resources, and to provide a valuable return on investment to the American people,” said Attorney General Holder. “Their diligent efforts are enabling us to achieve justice and recoup losses in virtually every sector of the U.S. economy. And this result shows the fruits of the Justice Department’s tireless work in enforcing federal laws; in protecting the American people from violent crime, national security threats, discrimination, exploitation, and abuse; and in holding financial institutions accountable for their roles in causing the 2008 financial crisis.”
McQuade said, “These numbers are the result of the hard work of our lawyers, support professionals and our partner law enforcement agents. Their diligence has helped to restore illegally obtained funds to taxpayers and victims.”
This past June, the United States Attorney’s Office for the Eastern District of Michigan and the Northern District of Ohio recovered $200 million as part of the settlement in the case of U.S. Bank. This that case, U.S. Bank agreed to pay the United States $200 million to resolve allegations that it violated the False Claims Act by knowingly originating and underwriting mortgage loans insured by the Federal Housing Administration (FHA) that did not meet applicable requirements
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.
Additionally, the U.S. Attorney’s office in the Eastern District of Michigan, working with partner agencies and divisions, collected $12,316,830.00 in asset forfeiture actions in FY 2014. Forfeited assets deposited into the Department of Justice Asset Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
U.S. Attorney’s Office Collects Nearly $20 Million in 2014Read the Press Release
Acting U.S. Attorney Annette L. Hayes announced today that the U.S. Attorney’s Office for the Western District of Washington collected $6.9 million in criminal and civil actions in Fiscal Year 2014. Of this amount, $4.7 million was collected in criminal actions and $2.2 million was collected in civil actionsThe Western District of Washington also collected an additional $12.2 million in forfeited assets related to criminal activity.
Additionally, the Western District of Washington worked with other U.S. Attorneys’ offices and components of the Department of Justice to collect an additional $5.2 million in cases pursued jointly with these offices. The vast majority of the collections in shared cases were collected in civil actions.
Attorney General Eric Holder announced that the Justice Department collected $24.7 billionin civil and criminal actions in the fiscal year ending September 30, 2014. The more than $24 billion in collections in FY 2014 represents nearly eight and a half times the appropriated $2.91 billion budget for the 94 U.S. Attorney’s offices and the main litigating divisions in that same period.“Every day, the Justice Department’s federal prosecutors and trial attorneys work hard to protect our citizens, to safeguard precious taxpayer resources, and to provide a valuable return on investment to the American people,” said Attorney General Holder. “Their diligent efforts are enabling us to achieve justice and recoup losses in virtually every sector of the U.S. economy. And this result shows the fruits of the Justice Department’s tireless work in enforcing federal laws; in protecting the American people from violent crime, national security threats, discrimination, exploitation, and abuse; and in holding financial institutions accountable for their roles in causing the 2008 financial crisis.”
“These financial recoveries on behalf of the taxpayers demonstrate that this office will use all the tools at its disposal to protect public safety and our tax dollars,” said Acting U.S. Attorney Annette L. Hayes. “Among many other key recoveries, the amounts collected from those who have committed environmental crimes are particularly important. They send a clear message that those who damage our natural heritage will be held to account.”
In March and April 2014, Stowe Construction Inc. paid more than $334,000 related to their conviction for violation of the Clean Water Act. Stowe Construction, and its President Bryan Stowe, admitted knowingly violating the Construction General Storm Water Permit for the Rainier Park of Industry project, located on West Valley Highway in Sumner. Permit violations contributed to two major landslides at the site in 2010 and 2011. Both slides forced closure of the West Valley Highway. The case is one of the first storm water pollution criminal cases brought in the United States. More on the case is available here.
In a second environmental case, Ray Caldwell, owner of All-Out Sewer And Drain Service, Inc., a Longview, Washington, septic tank pumping business paid a $250,000 fine in April 2014 for violations of the Clean Water Act. Caldwell illegally dumped more than two million gallons of waste and pollutants into the Longview sewer system. More on the case is here.
In civil litigation, the largest collection was $500,000 from Alaska Airlines in September 2014 to settle an FAA civil penalty claims regarding a maintenance issue. More on that case here.
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.
Additionally, the U.S. Attorney’s office in the Western District of Washington working with partner agencies and divisions, collectednearly $12.2 million in asset forfeiture actions in FY 2014. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
One of the most significant forfeiture actions concerned three former motels in Tukwila, Washington, which were seized by the government as chronic drug involved residences. To date the value of properties forfeited in that case exceeds $3 million. Additional forfeiture proceeds in that case will be recorded in fiscal year 2015. The motel properties are now being redeveloped by the City of Tukwila. More on this innovative case is available here.
U.S. Attorney’s Office Collects $3,419,913 in Civil and Criminal Actions for U.s. Taxpayers in Fiscal Year 2014Read the Press Release
Indianapolis, IN – Acting U.S. Attorney Josh J. Minkler announced today that the Southern District of Indiana collected $3,419,913 in criminal and civil actions in Fiscal Year 2014. Of this amount, $1,668,871 was collected in criminal actions and $1,751,041 was collected in civil actions.
Attorney General Eric Holder announced today that the Justice Department collected $24.7 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2014. The more than $24 billion in collections in FY 2014 represents nearly eight and a half times the appropriated $2.91 billion budget for the 94 U.S. Attorney’s offices and the main litigating divisions in that same period.
“Every day, the Justice Department’s federal prosecutors and trial attorneys work hard to protect our citizens, to safeguard precious taxpayer resources, and to provide a valuable return on investment to the American people,” said Attorney General Holder. “Their diligent efforts are enabling us to achieve justice and recoup losses in virtually every sector of the U.S. economy. And this result shows the fruits of the Justice Department’s tireless work in enforcing federal laws; in protecting the American people from violent crime, national security threats, discrimination, exploitation, and abuse; and in holding financial institutions accountable for their roles in causing the 2008 financial crisis.”
“Collecting money owed to ‘the people’ of our district is a commitment I take very seriously,” said Minkler. “Those who steal and fraudulently take money from victims will be held accountable and my office will do everything humanly possible to return the money to its rightful owner.”
This fiscal year the U. S. Attorney’s Office collected the final payment of $285,000 from North American Green for an EPA violation involving pesticide use in its Evansville and Poseyville Indiana plants. The total fine was $910,000.
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.
Additionally, the U.S. Attorney’s office in the Southern District of Indiana, working with partner agencies and divisions, collected $1,115,556 in asset forfeiture actions in FY 2014. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
U.S. Attorney’s Office Announces Landmark Year in Collections from Civil and Criminal Actions for Tax Payers in Fiscal Year 2014Read the Press Release
U.S. Attorney’s Office Helps Collects Over $182 Million – More Than 20 Times its Annual Budget
LEXINGTON, KY - Kerry B. Harvey, U.S. Attorney for the Eastern District of Kentucky, announced today that the U.S. Attorney’s Office, with assistance from its partnering agencies, recovered $182,247,824.53 from civil and criminal actions for Fiscal Year 2014.
The Office, which operates on an annual budget of less than $10 million, ranks near the top 10 percent of all U.S. Attorney Offices (94 offices nationwide) in total collections. The Office collected the money during the fiscal year that started October 1, 2013 and ended September 30, 2014. The Eastern District of Kentucky consists of 67 counties stretching from Southern Kentucky up to the Ohio border.
“Our office achieved unprecedented success in recovering funds for the taxpayers during the last fiscal year. This is not by accident; we have focused intensely on collecting money owed to the Government as a result of criminal activity or obtained from the federal treasury by fraudulent means”, said U.S. Attorney Harvey. “This is vital work in this age of limited resources and we take pride in recovering funds for the public treasury that far exceeds the entire annual budget for this office. I commend the dedicated public servants in our office as well as our agency partners for their remarkable success on behalf of the American taxpayer.”
Approximately $76 million was collected in False Claims Act (FCA) cases and related matters. These cases often involve the submission of fraudulent claims by healthcare providers to federal healthcare programs such as Medicare. Specifically, in May, King’s Daughters Medical Center agreed to pay $40.9 million to settle civil allegations related to unnecessary cardiac procedures. In January, St. Joseph’s Hospital agreed to pay more than $16 million to settle similar FCA allegations. The $76 million is the largest amount collected in FCA cases in the Office’s 114 year history.
“We elevated the priority of FCA cases in our office about four years ago and implemented that decision by devoting significantly more resources to this important area,” said Harvey. “The result vindicates that decision and is a credit to our staff who work these complex cases. Our efforts not only protect the federal treasury, but promote appropriate medical care based on the best interests of the patients as well.”
Attorney General Eric Holder announced Wednesday that the Justice Department collected $24.7 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2014. The more than $24 billion in collections in FY 2014 represents nearly eight and a half times the appropriated $2.91 billion budget for the 94 U.S. Attorney’s Offices and the main litigating divisions in that same period.
The U.S. Attorneys’ Offices, along with the Department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.
U.S. Attorney's Office Indicts 4 for Cocaine Distribution ConspiracyRead the Press Release
SHREVEPORT, La. –United States Attorney Stephanie A. Finley announced today that a federal grand jury indicted four people in a cocaine and methamphetamine distribution operation in Caddo, Bossier, DeSoto, and Red River parishes.
Those named in the 16-count indictment are: Shawn F. Swift, 35; Linda G. Brown, 59; Ricky R. Swift, 62; and Jarvis D. Randle, 26, all of Shreveport.
According to the indictment, the defendants conspired to distribute cocaine, methamphetamine, and cocaine base from January of 2013 to October of 2014 in Caddo, Bossier, DeSoto and Red River parishes. The indictment also seeks forfeiture of 39 weapons seized during the investigation of this case and more than $360,000. Specifically, the indictment states that $89,700 was seized during a traffic stop on September 21, 2014; $237,753 was seized from the home of Ricky Swift and Linda Brown on October 21, 2014; and $40,457 was seized from the home of Shawn Swift on October 21, 2014.
The defendants face various possible penalties depending on the drug quantity involved and their criminal histories as listed below:
- Conspiracy to Possess and Distribute Cocaine - up to 20 years in prison, and for some, up to life in prison, and up to five years of supervised release;
- Distribution of Cocaine and Methamphetamine and Possession with Intent to Distribute Cocaine - up to 20 years in prison, and for some, up to 40 years in prison, and up to five years of supervised release;
- Possession of Firearms in Furtherance of Drug Trafficking - a mandatory five years in prison consecutive to any other sentence and three years of supervised release;
- Possession of Firearms by a Convicted Felon - up to 10 years in prison and three years of supervised release;
- Possession of Firearms with Obliterated Serial Numbers - up to 10 years in prison and three years of supervised release; and
- Maintaining a Drug-Involved Premises - up to 20 years in prison and five years of supervised release.
The defendants also face a fine of up to $5 million and forfeiture of the money and property seized in the case.
The defendants were arrested as part of an Organized Crime Drug Enforcement Task Force (OCDETF) Operation named “Not So Swift.” The FBI, ATF, DEA, Louisiana State Police, Caddo Parish Sheriff’s Office, Bossier Parish Sheriff’s Office, DeSoto Parish Sheriff’s Office, and the Red River Parish Sheriff’s Office conducted the investigation. The OCDETF program is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
Assistant U.S. Attorneys James G. Cowles Jr. and Allison D. Bushnell are prosecuting the case.
An indictment is merely an accusation and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
U.S. Attorney's Office Collects $6.5 Million in Civil and Criminal Actions for Taxpayers in 2014Read the Press Release
HONOLULU – U.S. Attorney Florence T. Nakakuni announced today that the U.S. Attorney’s Office in the District of Hawaii collected $6,500,657 in criminal and civil actions in Fiscal Year 2014. Of this amount, $5,673,133 was collected in criminal actions and $827,524 was collected in civil actions. Additionally, the District of Hawaii worked with other U.S. Attorneys’ offices and components of the Department of Justice to collect an additional $1,305,216.77 in civil cases pursued jointly with these offices.
Attorney General Eric Holder announced on November 19, 2014, that the Justice Department collected $24.7 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2014. The more than $24 billion in collections in FY 2014 represents nearly eight and a half times the appropriated $2.91 billion budget for the 94 U.S. Attorney’s offices and the main litigating divisions in that same period.
“Every day, the Justice Department’s federal prosecutors and trial attorneys work hard to protect our citizens, to safeguard precious taxpayer resources, and to provide a valuable return on investment to the American people,” said Attorney General Holder. “Their diligent efforts are enabling us to achieve justice and recoup losses in virtually every sector of the U.S. economy. And this result shows the fruits of the Justice Department’s tireless work in enforcing federal laws; in protecting the American people from violent crime, national security threats, discrimination, exploitation, and abuse; and in holding financial institutions accountable for their roles in causing the 2008 financial crisis.”
This past May, the District of Hawaii recovered $2,799,3778 in restitution as part of the criminal prosecution and conviction of Syed Qadri and others in a fraudulent investment scheme using two Honolulu based companies, Amasse Capital and Solomon & Co., which purportedly invested in high yield bonds. In reality, investments were used to pay back earlier investors and converted to Qadri’s own use in what amounted to a Ponzi scheme.
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.
U.S. Attorney Offers Groundbreaking Training to Build Trust Between Law Enforcement and Transgender CommunityRead the Press Release
SAN DIEGO – United States Attorney Laura Duffy, together with law enforcement partners and transgender leaders, will offer a groundbreaking training session today to promote respect and trust between officers and a transgender community that has faced discrimination, abuse and ridicule.
About 100 local police officers and Sheriff’s deputies as well as state and federal prosecutors, public defenders, federal agents and court staff are scheduled to take part in the first-of-its-kind event. The hour-long session is part of a Department of Justice training initiative launched in March that is designed to educate the nation’s law enforcement officers about problems and needs of transgender people and how to better serve them.
The training session is scheduled on this day to commemorate “International Transgender Day of Remembrance,” an annual event to memorialize those who have been killed as a result of fear or hatred of transgender people. The Day of Remembrance, which began as a tribute to murdered transgender activist Rita Hester, has become an empowering time to renounce the history of violence and discrimination perpetrated against the transgender community.
Every day, law enforcement personnel across the country encounter transgender individuals, including those who are victims of - or witnesses to - discrimination, abuse, hate crimes, intolerance and injustice. Yet many crimes involving transgender people often go unreported due to fear of marginalization, misunderstandings, harassment, and even assault. Because transgender individuals often feel re-victimized by the criminal justice system, they are reluctant to complain when hate crimes occur.
“Today’s training will help lay a stronger foundation of trust between the transgender community and those who are charged with the tremendous responsibility of protecting and serving,” said U.S. Attorney Laura Duffy. “Sometimes creating trust is as simple as using a person's preferred name, or gender pronoun, or asking for identification in a safe and respectful way. With better education, we can open minds. And with open minds, tensions and misperceptions start to fall away.”
This program is designed to teach officers the relevant terminology, pierce through stereotypes, improve interviewing skills, and reject the misconceptions that often drive the response to hate crimes.
According to recent studies, 78% of transgender individuals have been harassed at school, 41% have attempted suicide, and 26% have lost a job due to bias. Last year in Minnesota, a transgender woman lost her home and service dog due to alleged arson. In the 18 month period from January 2011- May 2012, approximately 18 transgender individuals were murdered in Puerto Rico. In Colorado a few years ago, the murder of a transgender woman became the first-ever transgender incident to result in a hate crimes conviction. And this year alone, violence against the transgender community has claimed the lives of 16 individuals nationally.
The Justice Department’s Community Relations Service unit, known as CRS, is in charge of the training program. CRS was created as part of the 1964 Civil Rights Act as a way to dial down desegregation tensions in the South. The Civil Rights Division protects gender identity and expression by investigating and prosecuting gender-identity motivated violence under the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act. CRS has responded to several incidents of hate violence in recent years, including in Puerto Rico, where 18 LGBT people were murdered between 2010 and 2012.
Today’s training program expands upon the work already accomplished in our proactive law enforcement community. To their credit, the San Diego Police Department and the San Diego County Sheriff have already developed “best practices” protocols.
*For an interview with U.S. Attorney Laura Duffy, please contact Media Relations Director Kelly Thornton at 619-546-9726.
Two More Defendants Sentenced in Identity Theft Fraud Scheme Involving Personal Identifying Information from AT&T Customer FilesRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, announce that defendants Monique Smith, 31, of Pompano Beach, and Arrington Basil Segu, 28, of Miami, were sentenced yesterday before U.S. District Judge Marcia G. Cooke. Smith was sentenced to 36 months in prison, followed by five years of supervised release, and was ordered to pay $55,263.45 in restitution. Segu was sentenced to 36 months in prison, followed by three years of supervised release, and was ordered to pay $57,838.86 in restitution.
Smith previously pled guilty to one count of conspiracy to commit bank fraud, in violation of Title 18, United States Code, Section 1349, and one count of aggravated identity theft in violation of Title 18, United States Code, Section and 1028A. Segu previously pled guilty to one count of access device fraud and one count of aggravated identity theft, in violation of Title 18, United States Code, Sections 1029(a)(2) and 1028A.
On October 29, 2014, Tracy Delva, 22, of Deerfield Beach, was sentenced to 37 months in prison, followed by three years of supervised release, and was ordered to pay $27,441 in restitution. Delva pled guilty to one count of access device fraud, and one count of aggravated identity theft, in violation of Title 18, United States Code, Sections 1029(a)(2) and 1028A.
On October 15, 2014, Jacqueline Nicole Lee Warrick, 26, of Miami, was sentenced to 30 months in prison, followed by three years of supervised release. Warrick pled guilty to one count of using an authorized access device and one count of aggravated identity theft, in violation of Title 18, United States Code, Sections 1029(a)(2) and 1028A.
On August 6, 2014, co-defendant Chouman Emily Syrilien, 25, of Lauderdale Lakes, was sentenced to 34 months in prison, to be followed by three years of supervised release. Syrilien pled guilty to one count of possession of 15 or more unauthorized access devices and one count of aggravated identity theft, in violation of Title 18, United States Code, Sections 1029(a)(3) and 1028A.
On October 1, 2014, Carlos Antonio Alexander, 24, of Orlando, was sentenced to 16 months in prison, followed by three years of supervised release. Alexander pled guilty to one count of using an authorized access device and one count of aggravated identity theft, in violation of Title 18, United States Code, Sections 1029(a)(2) and 1028A.
On September 3, 2014, Angel Arcos, 23, of Pompano Beach, was sentenced to time served, to be followed by four years of supervised release. As a condition of his supervised release, Arcos was subject to 180 days of home detention with electronic monitoring. Arcos pled guilty to one count of conspiracy to commit bank fraud, in violation of Title 18, United States Code, Section 1349.
On September 22, 2014, Shantegra La’Shae Godfrey, 23, of Deerfield Beach, pled guilty to one count of conspiracy to commit bank fraud, in violation of Title 18, United States Code, Section 1349. Sentencing is scheduled for December 3, 2014. Godfrey faces a maximum of 30 years in prison.
According to court documents, defendant Syrilien was employed by Interactive Response Technologies, Inc. (IRT) located in Margate. IRT provides staffing for call centers to handle direct sales and customer inquiries for AT&T. Syrilien unlawfully provided a co-conspirator with the personal identifying information from multiple AT&T customer files. Segu also unlawfully provided personal identifying information of numerous individuals to the co-conspirator.
Alexander, Delva, Godfrey, Smith and Warrick were added as “authorized users” on victims’ credit or debit card accounts or bank accounts to access the accounts of persons whose personal identifying information had been stolen. Once a co-conspirator’s name was added as an “authorized user,” the bank and/or credit card company was directed to mail additional debit or credit cards bearing the names of these newly added “authorized users” to their addresses or addresses under their control, all without the true account holder's knowledge or consent. The defendants used these credit and debit cards to make purchases or obtain money.
Delva and Warrick both utilized fraudulently obtained debit and credit cards that bore their names as additional “authorized users” on victims’ accounts to make both retail purchases as well as cash advances in excess of $28,000. Alexander, Smith and Godfrey made retail purchases as well as cash advances in excess of $24,000, $12,000 and $8,200, respectively.
Arcos allowed his personal information to be used to open a bank account to further the fraudulent activity. From September 16 to 18, 2013, five withdrawals totaling $13,000 were made from the fraudulent account and deposited into Arcos’ checking account.
Mr. Ferrer commended the investigative efforts of IRS-CI and FBI. The case was prosecuted by Assistant U.S. Attorney Cynthia R. Wood.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Two More Curry County Residents Plead Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Jeanette Driever, 37, of Grady, N.M., and John Jesse Perez, Jr., 45, of Clovis, N.M., entered guilty pleas today to federal drug trafficking charges. Each entered a guilty plea to participating in a conspiracy to distribute methamphetamine in Curry County, N.M. Their co-defendant Christopher Jason Kidd, 38, also of Clovis, N.M., pled guilty to a similar charge earlier this week.
Driever, Perez, Kidd and co-defendant Tina Tafoya, 33, also of Clovis, N.M., were indicted in Feb. 2014, on federal methamphetamine trafficking charges. Count 1 of the three-count indictment alleged that the defendants conspired to distribute methamphetamine in Curry County, N.M., between Sept. 2013 and Nov. 2013. Count 2 alleged that Kidd and Tafoya possessed methamphetamine with intent to distribute on Nov. 6, 2013, and Count 3 alleged that Driever and Perez possessed methamphetamine with intent to distribute on that same day.
During her plea hearing, Driever admitted that she and Perez obtained quantities of methamphetamine from Kidd and Tafoya that they distributed to others. According to Driever’s plea agreement, on Nov. 9, 2013, Driever arranged for Kidd and Tafoya to supply her and Perez with a pound of methamphetamine which they packed into numerous smaller baggies for resale.
During his plea hearing, Perez acknowledged participating in a methamphetamine trafficking conspiracy that involved Driever, Kidd, Tafoya and others.
Kidd entered his guilty plea on Nov. 17, 2014, and admitted conspiring with his co-defendants to distribute methamphetamine in Curry County. Kidd’s plea agreement states that he and Tafoya supplied quantities of methamphetamine to others, including Driever and Perez, who resold the methamphetamine in smaller quantities to users. According to Kidd’s plea agreement, on Nov. 9, 2013, Kidd and Tafoya supplied a pound of methamphetamine to Driever and Perez. On that day, Kidd and Tafoya possessed another half-pound of methamphetamine at their residence. The methamphetamine was seized later that day pursuant to search warrants.
The three defendants will be sentenced to the following terms of incarceration under the terms of their respective plea agreements: Kidd will serve 78 months; Driever will serve 60 months; and Perez will serve 36 months. Each will serve a five year term of supervised release after completing his or her prison sentence. All three remain in custody pending their sentencing hearings, which have not been scheduled.
Tafoya has entered a not guilty plea and remains in custody pending trial, which is scheduled for Jan. 8, 2015. An indictment is merely an accusation and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Las Cruces Agency Office of the FBI’s Albuquerque Division, the Region V Drug Task Force and the New Mexico State Police, with assistance from the Ninth Judicial District Attorney’s Office. The Region V Drug Task Force is comprised of the Clovis Police Department, the Portales Police Department, Curry County Sheriff’s Office and the Roosevelt County Sheriff’s Office. Assistant U.S. Attorney Nicholas Jon Ganjei is prosecuting the case.
Two Men Sentenced for Planning to Murder Federal AgentRead the Press Release
Two Detroit men were sentenced to lengthy prison terms following their convictions for plotting to kill a federal agent and committing narcotics and firearms offenses, U.S. Attorney Barbara L. McQuade announced today.
McQuade was joined in the announcement by Special Agent in Charge Steven Bogdalek, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
Rufus Deon Wilson, 39, was sentenced to life in prison and John Robert Davis, 43, was sentenced to 25 years in prison. The sentenced was imposed by U.S. District Judge Bernard A. Friedman.
The evidence presented at the June trial established that in April 2013, Davis and Wilson conspired to rob and murder an ATF agent who was acting in an undercover capacity. Davis and Wilson believed that the agent was a drug courier who wanted to rob a drug stash house. Davis and Wilson planned to double-cross the agent by robbing and murdering him after he picked up drugs from the stash house. During recorded conversations, Davis and Wilson talked about killing the agent by crashing into his vehicle, binding his hands behind his back, slashing his throat with a knife to avoid the sound of gun fire, stripping his body of any identifying information, and then either leaving the agent naked in the car to die or burning the car.
On May 2, 2013, Davis and Wilson were arrested in a warehouse as they prepared to travel to the stash house to commit the robbery and murder. Davis was in possession of a black mask and latex gloves. Wilson, who was already wearing latex gloves, was in possession of loaded pistol and a large knife with an 8” serrated blade.
“These defendants plotted to violently kill another human being so that they could steal drugs and money,” McQuade said. “These sentences are harsh but appropriate for violent offenders who place such little value on human life.”
This case was investigated by special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives and was prosecuted by Assistant United States Attorney Michael Martin and Douglas Salzenstein.Two Founders of S3 Partners Sentenced to Prison in Investment Fraud SchemeRead the Press Release
SAN JOSE – Two founders of the S3 Partners were sentenced to prison on Nov. 17, 2014, on investment fraud charges, announced United States Attorney Melinda Haag and FBI Special Agent in Charge David J. Johnson.
The Honorable Ronald M. Whyte, United States District Court Judge, sentenced Melvin Russell “Rusty” Shields, 45, of Granite Falls, N.C. to 78 months in prison and Michael Sims, 60, of Gilroy, Calif. to 30 months in prison.
Following a seven week trial, on Dec. 23, 2013, the jury convicted Shields on 32 of the 39 counts in the superseding indictment, including finding him guilty of conspiracy to commit wire and bank fraud, 14 counts of wire fraud, 7 counts of bank fraud, 7 counts of making a false statement to a bank, and 3 counts of securities fraud. The jury acquitted Shields as to the remaining counts in the superseding indictment. The jury convicted Sims of 2 counts of wire fraud and acquitted him on the remaining counts in the superseding indictment. The third S3 Partner, Sam Stafford, 57, of Campbell, Calif., pleaded guilty on Oct. 17, 2013 to having conspired with Shields and Sims to commit wire, mail, and bank fraud.
Evidence at trial showed that from 2006 to 2009, Shields, Sims, and Stafford defrauded individual investors in the Northern District of California in connection with various real estate development projects. The three defendants conducted their business as “S3 Partners” out of a variety of locations including San Jose and Campbell; Hickory, N.C.; and Valrico, Fla. Shields, Sims, and Stafford collectively obtained more than $21 million from individual investors and banks. Shields and Sims each diverted a portion of those funds for their personal use, their personal business ventures, and other unauthorized purposes. All the S3 Partners’ projects failed, resulting in a near total loss to many investors.
The jury verdicts and the evidence at trial regarding Shields specifically showed that he engaged in investment fraud targeting elderly investors, encouraging them to cash out their individual retirement accounts, educational savings, and home equity and to wire the proceeds to the S3 Partners for the purchase of shares in an S3 Partners-controlled company or to invest in other S3 projects. Shields then diverted investor funds for unauthorized purposes. The evidence further showed that Shields and Stafford fraudulently obtained millions of dollars from banks by submitting forged and fraudulent invoices and loan closing documents. Shields was responsible for over $7,225,000 in losses suffered by over two dozen individual investors as well as two banks.
In addition, the jury verdicts and the evidence specific to Sims showed that Sims defrauded two special education teachers out of over $411,000, including diverting and spending over $178,000 of what he knew to be their retirement savings. Sims encouraged the two teachers to cash out their individual retirement account (IRA) and wire the proceeds to him for the purchase of a share in an S3 Partners-controlled company which Sims said was a safe investment that would provide predictable returns. Sims instead spent those investors’ retirement funds for unauthorized purposes.
After the sentencing, Judge Whyte ordered Shields and Sims to self-surrender by Jan. 13, 2015. Shields, Sims, and Stafford have been out of custody on home electronic monitoring since their May 2012 arrest. Judge Whyte also ordered Shields to pay restitution in the amount of $7,225,904.73 and Sims to pay restitution in the amount of $411,460.92. Stafford’s sentencing is currently scheduled for Jan. 26, 2015.
Assistant U.S. Attorneys Joseph Fazioli and Timothy Lucey prosecuted the case with the assistance of Lakisha Holliman and Laurie Worthen. This prosecution is the result of an investigation by the FBI.
S3 superseding indictment
Two Defendants Sentenced in Texas for Conspiring to Bribe Military Contracting OfficialsRelated to A Scheme in Eastern District of CaliforniaRead the Press Release
SACRAMENTO, Calif. — Two defendants were sentenced today in the Northern District of Texas for conspiring to bribe public officials in Afghanistan and Texas in furtherance of an ongoing effort to secure government contracts through graft, U.S. Attorney Benjamin B. Wagner and U.S. Attorney Sarah R. Saldaña of the Northern District of Texas announced.
United States District Judge Barbara M.G. Lynn in the Northern District of Texas sentenced Lida Amin, 40, of Dubai, United Arab Emirates, and Dublin, California, and Sohail Amin, 30, of Dubai, United Arab Emirates, and Fremont, California, to three years and six months in prison. Judge Lynn ordered Lida Amin’s sentence to be served consecutively to a previous sentence for a total of five and a half years in prison.
On October 22, 2013, a federal grand jury in the Northern District of Texas indicted Lida Amin, Sohail Amin, and Jeron Shelton Rochon, 32, of Houston, Texas, charging them with conspiracy to bribe public officials. On June 17, 2014, Lida Amin and Sohail Amin pleaded guilty, but the charges against Rochon remain pending. The charges against Rochon are only allegations; he is presumed innocent until proven guilty.
According to court documents, between 2007 and 2010, Sohail Amin and Lida Amin, both private government contractors, conspired with Rochon, a member of the U.S. Air Force, and others to bribe U.S. Air Force contracting officers in order to obtain military procurement contracts. Between October 2007 and June 2008, in exchange for bribe offers and bribe payments made by Sohail Amin, Rochon issued government contracts and provided contract bid coaching to Sohail Amin and Lida Amin. Sohail Amin paid bribes to Rochon in cash in both Afghanistan and Dallas, Texas, and instructed Rochon not to deposit large sums of money into the banking system to avoid the reporting of such deposits by banks. According to court documents, the U.S. Air Force paid nearly $1 million for defective M-16 cleaning kits and a security fence that fell down shortly after it was installed.
In sentencing the defendants, Judge Lyn described the crime as sordid, shameful, and disgusting. She said, “In the court’s view, the bad here is really bad. This is a very serious offense.
Lida Amin was ordered to report to begin serving her sentence in December 5, 2014. Sohail was ordered to report to begin serving his sentence on January 13, 2015.
This case was filed in Texas with the assistance of the U.S. Attorney’s Office for the Northern District of Texas. Lida Amin and her brother Nabil Amin have also been charged in a separate federal criminal case in Sacramento, which relates to similar charges. Lida Amin previously entered a guilty plea in the Sacramento case and was sentenced on September 24, 2014, to a two-year term of imprisonment. Nabil Amin’s case is currently scheduled for a status conference on December 10, 2014. The charges against him are pending and are only allegations. He is presumed innocent unless and until proven guilty.
The charges filed in the Eastern District of California and the Northern District of Texas are the product of an investigation by the Federal Bureau of Investigation; the U.S. Air Force, Office of Special Investigations; the Fremont Police Department; and the U.S. Drug Enforcement Administration. Assistance was provided by the U.S. Department of Justice, Office of International Affairs; and the Czech National Police. Assistant United States Attorney Michael M. Beckwith is prosecuting the case.
Two Assistant U.S. Attorney’s Take Oath of OfficeRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Tara Tighe, Public Affairs SpecialistWHEELING, WEST VIRGINIA – The U.S. Attorney’s Office for the Northern District of West Virginia welcomed two new litigators today as Erin M. Carter and Tara N. Tighe were appointed to the position of Assistant U.S. Attorney, United States Attorney William J. Ihlenfeld, II announced today.
Carter and Tighe took the formal oath of office before Chief U.S. District Judge John Preston Bailey this afternoon. U.S. Attorney Ihlenfeld is “thrilled to have Erin and Tara join our team. They have each shown skill and dedication that I know will be a tremendous asset to the office.”
Carter, of Ridgeway, Pennsylvania, was appointed to the Civil Division of the U.S. Attorney’s Office. She graduated from Pennsylvania State University in 2006 with a Bachelor of Science in Chemistry. She attended Vanderbilt University Law School where she graduated with a JD in 2009. Erin served as a Special Project Editor on the Vanderbilt Law Review and was a member of the Moot Court Executive Board. Prior to her appointment as an Assistant U.S. Attorney, Carter was an Associate at Duane Morris, LLP in Philadelphia, Pennsylvania. Her practice focused on commercial, securities, and antitrust litigation as well as white collar criminal investigations. She also previously worked at Dechert, LLP and the Pennsylvania Health Law Project.
Tighe, of Pittsburgh, Pennsylvania, was appointed to the Civil Division of the U.S. Attorney’s Office. She will also serve as Public Information Officer and Community Outreach Coordinator. She graduated from the University of Pittsburgh in 2009 with a Bachelor of Science in Business Administration and a Bachelor of Arts in Spanish. She is a proud 2012 graduate of the University of Pittsburgh School of Law where she served as Editor-in-Chief of the Environmental and Public Health Law Journal. Upon graduation, Tara was inducted into the Order of the Barristers, a national honor society recognizing excellence in oral and written advocacy. Prior to joining the U.S. Attorney’s Office, Tighe worked as an electronic discovery attorney in Pittsburgh, Pennsylvania specializing in mass tort litigation and commercial arbitration.
Carter and Tighe are avid fans of the Pittsburgh Steelers, Penguins, and Pirates. Both live in the Wheeling area.
Twenty-five Alleged Aryan Brotherhood Members and Associates Indicted on Federal Racketeering Charges in Mississippi and OklahomaRead the Press Release
WASHINGTON – Fourteen alleged members of the Aryan Brotherhood of Mississippi, including four of its most senior leaders, have been indicted by a federal grand jury in the Northern District of Mississippi for conspiring to participate in a racketeering enterprise. In a separate indictment, 11 alleged members and associates of the Universal Aryan Brotherhood of Oklahoma have been charged by a federal grand jury in the Northern District of Oklahoma for conspiring to participate in a racketeering enterprise, among other charges.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Felicia C. Adams of the Northern District of Mississippi and U.S. Attorney Danny C. Williams of the Northern District of Oklahoma made the announcement.
In the Northern District of Mississippi, the 10-count indictment was returned on Oct. 23, 2014, and unsealed today. Thirteen individuals were taken into custody today. In the Northern District of Oklahoma, the four-count indictment was returned on Nov. 5, 2014, and unsealed on Nov. 10, 2014. All of the charged defendants are in custody.
“The Aryan Brotherhood is a violent gang that has seeped from behind prison walls into communities throughout this nation,” said Assistant Attorney General Caldwell. “Working in lockstep with our law enforcement partners and U.S. Attorneys’ Offices throughout the country, we are targeting and dismantling these gangs from the top general to the foot soldier so they can no longer terrorize our communities.”
“These charges resulted from an unprecedented collaboration of federal, state, and local law enforcement officers targeting a large scale prison gang involved in violent organized crime throughout the state of Mississippi,” said U.S. Attorney Adams. “This indictment represents a critical first step toward dismantling this violent organization and clearly signals that the United States Attorney’s Office and our law enforcement partners have an unwavering commitment to hold those individuals accountable who insist on creating an atmosphere of violence and fear in our communities.”
“My office remains steadfast in its commitment to work in collaboration with law enforcement to disrupt and dismantle violent crime and gang activities,” said U.S. Attorney Williams.
According to the indictments, the Aryan Brotherhood of Mississippi (ABM) and Universal Aryan Brotherhood of Oklahoma (UAB) are violent, “whites only,” prison-based gangs with members operating inside and outside of state penal institutions in their respective states. The gangs allegedly modeled themselves after and adopted many of the precepts and writings of the Aryan Brotherhood, a California-based prison gang that was formed in the California prison system during the 1960s. The ABM was allegedly founded in 1984, and in early 2013, pursued unification with the Aryan Brotherhood of California in order to achieve national recognition.
The UAB was allegedly founded in 1993. According to the Oklahoma indictment, the UAB has a militaristic structure comprised of a Main Council, Yard Captains and Soldiers. The Main Council has ultimate authority in all gang matters.
The indictment alleges that both gangs enforced their rules and promoted discipline among members, prospects and associates through violence and threats against those who violated the rules or posed a threat to the gangs. Members, and oftentimes associates, were required to follow the orders of higher-ranking members.
According to the Mississippi indictment, in order to be considered for ABM membership, a person must be sponsored by another ABM member. Once sponsored, a prospective member must serve a probationary term of not less than six months, during which he is referred to as a prospect, and his conduct is observed by the members of the ABM. The prospect is required to sign a “prospect compact,” swear to an oath of secrecy and declare a life-time commitment to the ABM.
The ABM allegedly has a detailed and uniform organizational structure divided into three separate geographic areas of control. The state is overseen and directed by a three-member “wheel” commonly referred to as “spokes.” The wheel has ultimate authority in all gang matters. The indictment charges four alleged wheel members: Frank Owens, Jr, 44, aka “State Raised,” of D’Iberville, Mississippi; Perry Mask, 46, of Corinth, Mississippi; Stephen Hubanks, 45, of Rienzi, Mississippi; and Brandon Creel, 46, aka “Oak,” of Ellisville, Mississippi, with conspiracy to participate in the racketeering activities of the ABM, among other charges. The indictment also charges 10 other alleged members of the ABM. All 14 alleged members of the ABM are charged with conspiracy to participate in the racketeering activities of the gang and with involvement in murder, attempted murder, kidnapping, assault, money laundering, firearms trafficking and conspiracy to distribute methamphetamine.
The charges contained in an indictment are merely accusations, and a defendant is presumed innocent unless and until proven guilty.
The Mississippi case is being investigated by a multi-agency task force consisting of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); Drug Enforcement Administration; FBI; U.S. Marshals Service; U.S. Immigration and Customs Enforcement, Homeland Security Investigations; Mississippi Highway Patrol; Mississippi Bureau of Investigation; Mississippi Bureau of Narcotics; Harrison County Sheriff’s Office; South Mississippi Metro Enforcement Team; Tupelo Mississippi Police Department; North Mississippi Narcotics Unit; Tishomingo County Sheriff’s Office; Lee County Sheriff’s Office; Forrest County District Attorney’s Office; Prentiss County Sheriff’s Office; Jones County Sheriff’s Office; Harrison County Sheriff’s Office; and South Mississippi Metro Enforcement Team.The Oklahoma case is being investigated by a multi-agency task force consisting of the U.S. Immigration and Customs Enforcement, Homeland Security Investigations; Tulsa Police Department; ATF; Internal Revenue Service – Criminal Investigation Division; Tulsa County Sheriff’s Office; and Oklahoma Department of Corrections.
The cases are being prosecuted by the Criminal Division’s Organized Crime and Gang Section and the U.S. Attorneys’ Offices for the Northern District of Mississippi and the Northern District of Oklahoma.
Twenty-Five Alleged Aryan Brotherhood Members and Associates Indicted on Federal Racketeering Charges in Mississippi and OklahomaRead the Press Release
Fourteen alleged members of the Aryan Brotherhood of Mississippi, including four of its most senior leaders, have been indicted by a federal grand jury in the Northern District of Mississippi for conspiring to participate in a racketeering enterprise. In a separate indictment, 11 alleged members and associates of the Universal Aryan Brotherhood of Oklahoma have been charged by a federal grand jury in the Northern District of Oklahoma for conspiring to participate in a racketeering enterprise, among other charges.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Felicia C. Adams of the Northern District of Mississippi and U.S. Attorney Danny C. Williams of the Northern District of Oklahoma made the announcement.
In the Northern District of Mississippi, the 10-count indictment was returned on Oct. 23, 2014, and unsealed today. Thirteen individuals were taken into custody today. In the Northern District of Oklahoma, the four-count indictment was returned on Nov. 5, 2014, and unsealed on Nov. 10, 2014. All of the charged defendants are in custody.
“The Aryan Brotherhood is a violent gang that has seeped from behind prison walls into communities throughout this nation,” said Assistant Attorney General Caldwell. “Working in lockstep with our law enforcement partners and U.S. Attorneys’ Offices throughout the country, we are targeting and dismantling these gangs from the top general to the foot soldier so they can no longer terrorize our communities.”
“These charges resulted from an unprecedented collaboration of federal, state, and local law enforcement officers targeting a large scale prison gang involved in violent organized crime throughout the state of Mississippi,” said U.S. Attorney Adams. “This indictment represents a critical first step toward dismantling this violent organization and clearly signals that the United States Attorney’s Office and our law enforcement partners have an unwavering commitment to hold those individuals accountable who insist on creating an atmosphere of violence and fear in our communities.”
“My office remains steadfast in its commitment to work in collaboration with law enforcement to disrupt and dismantle violent crime and gang activities,” said U.S. Attorney Williams.
According to the indictments, the Aryan Brotherhood of Mississippi (ABM) and Universal Aryan Brotherhood of Oklahoma (UAB) are violent, “whites only,” prison-based gangs with members operating inside and outside of state penal institutions in their respective states. The gangs allegedly modeled themselves after and adopted many of the precepts and writings of the Aryan Brotherhood, a California-based prison gang that was formed in the California prison system during the 1960s. The ABM was allegedly founded in 1984, and in early 2013, pursued unification with the Aryan Brotherhood of California in order to achieve national recognition.
The UAB was allegedly founded in 1993. According to the Oklahoma indictment, the UAB has a militaristic structure comprised of a Main Council, Yard Captains and Soldiers. The Main Council has ultimate authority in all gang matters.
The indictment alleges that both gangs enforced their rules and promoted discipline among members, prospects and associates through violence and threats against those who violated the rules or posed a threat to the gangs. Members, and oftentimes associates, were required to follow the orders of higher-ranking members.
According to the Mississippi indictment, in order to be considered for ABM membership, a person must be sponsored by another ABM member. Once sponsored, a prospective member must serve a probationary term of not less than six months, during which he is referred to as a prospect, and his conduct is observed by the members of the ABM. The prospect is required to sign a “prospect compact,” swear to an oath of secrecy and declare a life-time commitment to the ABM.
The ABM allegedly has a detailed and uniform organizational structure divided into three separate geographic areas of control. The state is overseen and directed by a three-member “wheel” commonly referred to as “spokes.” The wheel has ultimate authority in all gang matters. The indictment charges four alleged wheel members: Frank Owens, Jr, 44, aka “State Raised,” of D’Iberville, Mississippi; Perry Mask, 46, of Corinth, Mississippi; Stephen Hubanks, 45, of Rienzi, Mississippi; and Brandon Creel, 46, aka “Oak,” of Ellisville, Mississippi, with conspiracy to participate in the racketeering activities of the ABM, among other charges. The indictment also charges 10 other alleged members of the ABM. All 14 alleged members of the ABM are charged with conspiracy to participate in the racketeering activities of the gang and with involvement in murder, attempted murder, kidnapping, assault, money laundering, firearms trafficking and conspiracy to distribute methamphetamine.
The charges contained in an indictment are merely accusations, and a defendant is presumed innocent unless and until proven guilty.
The Mississippi case is being investigated by a multi-agency task force consisting of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); Drug Enforcement Administration; FBI; U.S. Marshals Service; U.S. Immigration and Customs Enforcement, Homeland Security Investigations; Mississippi Highway Patrol; Mississippi Bureau of Investigation; Mississippi Bureau of Narcotics; Harrison County Sheriff’s Office; South Mississippi Metro Enforcement Team; Tupelo Mississippi Police Department; North Mississippi Narcotics Unit; Tishomingo County Sheriff’s Office; Lee County Sheriff’s Office; Forrest County District Attorney’s Office; Prentiss County Sheriff’s Office; Jones County Sheriff’s Office; Harrison County Sheriff’s Office; and South Mississippi Metro Enforcement Team.
The Oklahoma case is being investigated by a multi-agency task force consisting of the U.S. Immigration and Customs Enforcement, Homeland Security Investigations; Tulsa Police Department; ATF; Internal Revenue Service – Criminal Investigation Division; Tulsa County Sheriff’s Office; and Oklahoma Department of Corrections.
The cases are being prosecuted by the Criminal Division’s Organized Crime and Gang Section and the U.S. Attorneys’ Offices for the Northern District of Mississippi and the Northern District of Oklahoma.
ABM Indictment
Trio Charged with Sex TraffickingRead the Press Release
Kevino Graham, 33, Brian Wright, 38, and Renato Teixeira, 24, of Philadelphia, PA were charged by indictment, unsealed today, with two counts of sex trafficking by force, announced United States Attorney Zane David Memeger.
According to court documents, between May 2009 and August 2013, the defendants ran a striptease club and brothel, which they called “Passionate Touch,” at a property they leased in the Cathedral Park section of Philadelphia. It is alleged that Graham ran the club while Wright collected the money and Teixeira helped to recruit females to work for the venture and posted prostitution advertisements for the females. It is further alleged that between on or about September 1, 2011, through on or about January 31, 2012, the defendants engaged in acts of force, threats, fraud and coercion to cause young women to engage in prostitution.
If convicted, each defendant faces a mandatory minimum term of 15 years in prison with a maximum possible sentence of life, a fine of up to $500,000, at least five years of supervised release, and a $200 special assessment.
The case was investigated by the Federal Bureau of Investigation with assistance from the Philadelphia Police Department Special Victims’ Unit and the Philadelphia District Attorney’s Office. It is being prosecuted by Assistant United States Attorney Michelle Morgan.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.Click here to view the indictment.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Three Indicted in Alleged Stockton Methamphetamine RingRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a four-count indictment today against Stockton residents Rigoberto Cecena, 24, Yusen Valenzuela-Herrera, 25, and Elisabet Perez, 25, charging them with conspiracy to distribute methamphetamine, possession with intent to distribute methamphetamine and heroin, and distribution of methamphetamine, United States Attorney Benjamin B. Wagner announced.
According to court documents, between September 23, 2014, and October 16, 2014, Cecena, Valenzuela-Herrera, and Perez conspired to distribute methamphetamine. Valenzuela-Herrera and Perez are also being charged with possessing heroin for distribution. Additionally, Cecena and Valenzuela-Herrera are being charged with distributing methamphetamine.
This case is the product of an investigation by the San Joaquin County Metropolitan Narcotic Task Force (METRO). Special Assistant United States Attorney Josh F. Sigal is prosecuting the case.
The defendants are currently in custody. If convicted, all three defendants face a maximum statutory penalty of life in prison and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Three Illegal Aliens Charged with Immigration ViolationsRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania and the U.S. Department of Homeland Security, Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO), announced that separate criminal charges were filed yesterday in U.S. District Court in Harrisburg against three illegal aliens.
Jose Antonio Ramirez-Morales, age 36, was charged in a one-count indictment by a federal grand jury alleging that Ramirez-Morales, a Guatemalan citizen, who was previously arrested and deported from the United States on May 14, 2010, reentered the United States unlawfully and was found in Carbon County, Pennsylvania.
If convicted, Ramirez-Morales faces a maximum sentence of up to 10 years of imprisonment and a $250,000 fine.
Mario Ramirez-Dominguez, age 33, was charged in a one-count indictment by a federal grand jury alleging that Ramirez-Dominguez, a Mexican citizen, who was previously arrested and deported from the United States on September 30, 2012, reentered the United States unlawfully and found in York County, Pennsylvania.
If convicted, Ramirez-Dominguez faces a maximum sentence of up to 2 years’ imprisonment and a $250,000 fine.
Gustavo Ramirez-Diosdado, age 44, was charged in a one-count indictment by a federal grand jury alleging that Ramirez-Diosdado, a Mexican citizen, who was previously arrested and deported from the United States on April 22, 2008, reentered the United States unlawfully and was found in Centre County, Pennsylvania.
If convicted, Ramirez-Diosdado faces a maximum sentence of up to 10 years of imprisonment and a $250,000 fine.
The investigations were conducted by the U.S. Department of Homeland Security, Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) and are being prosecuted by Special Assistant United States Attorney Alice Song Hartye.
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.