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Monday 10 November 2014
Postal Employee Convicted of Seven-Year Disability ScamRead the Press Release
Investigation Exposed Woman Who Fraudulently Collected $250,000 in Federal Benefits;
Received Food Stamps While Taking Postal Disability Payments
Baltimore, Maryland – Colette Lee, age 49, of Baltimore, pleaded guilty today to making false statements to obtain federal employee compensation benefits.The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Paul Bowman of the U.S. Postal Service, Office of Inspector General; John L. Phillips, Assistant Inspector General for Investigations, U.S. Department of the Treasury - Office of Inspector General; and Inspector General William E. Johnson, Jr. of the Maryland Department of Human Resources.
“Taxpayers foot the bill for phony disability claims by government workers,” said U.S. Attorney Rod J. Rosenstein. “Postal employee Colette Lee filed a fraudulent disability claim in 2007 and kept the scam going for seven years until she was caught. This case is an insult to taxpayers and honest government employees.”
According to her plea agreement, from 2003 to 2014, Lee worked for the U.S. Postal Service as a letter carrier and then became a mail handler.In May 2007, February 2008, August 2009 and October 2009, Lee submitted claims for disability for a work-related injury under the Federal Employees’ Compensation Act (FECA). Lee failed to disclose relevant parts of her medical history on her medical history questionnaire submitted on June 19, 2003 at the start of her Postal Service employment, including that: she had an active injury claim; had been previously treated in the emergency room; had been in physical therapy programs; and had CT scans. Lee also failed to disclose to medical professionals who evaluated her injury and potential treatment and assessed her possible return to work that Lee had a prior medical history that included injuries from at least four motor vehicle accidents that pre-dated her claims for FECA benefits. Lee was also involved in a motor vehicle accident not related to her Postal Service employment in September 2009, after she submitted claims for FECA benefits.
From May 17, 2007 through January 24, 2014, Lee received wage payments and FECA benefits for her alleged work-related injuries.
On August 23, 2012, Lee was interviewed regarding her claimed physical limitations and capability to return to work. Lee denied that she had any injuries prior to working for the Postal Service; stated that she had only been in one vehicle accident; stated she could not open her car door with her right hand; claimed that she drove her vehicle with her left hand while keeping her right hand down, needed to take breaks every 20 to 25 minutes, and could not use both hands to turn the steering wheel; advised that she could not grasp items with her right hand and had to ask people for assistance when shopping; and stated that she could not play with her son.
Surveillance conducted from December 2010 to February 4, 2014 showed Lee engaging in activities inconsistent with what she reported during the August interview. Agents observed Lee opening and unlocking her car door with her right hand, driving her vehicle at times with only her right hand, driving long periods without breaks, using her right hand to lift herself into a van, using both hands to maneuver the steering wheel, grasping items with her right hand, talking on her cell phone with her right hand, shopping by herself while grabbing items and unloading items without any assistance, and playing with children while running, walking, lifting, bending, and riding a bike. Insurance records also showed that Lee had prior injuries from motor vehicle accidents that she did not report during the August 23, 2012 interview.
Additionally, Lee admitted that she applied for food stamp benefits, which are funded by the Department of Agriculture, in 2010, 2011 and 2012, without disclosing that she was receiving FECA benefits.
Lee has agreed to pay restitution of $244,912.65, the loss suffered by the Postal Service and the Department of Agriculture from May 2007 through January 2014 by Lee’s false statements. Lee faces a maximum sentence of five years in prison. U.S. District Judge Marvin J. Garbis scheduled sentencing for February 2, 2015 at 10:00 a.m.
United States Attorney Rod J. Rosenstein praised the U.S. Postal Service Inspector General’s Office, U.S. Department of the Treasury Inspector General’s Office; and Maryland Department of Human Resources Inspector General’s Office for their work in the investigation. Mr. Rosenstein commended the National Insurance Crime Bureau for their assistance in the investigation, and thanked Assistant U.S. Attorney Ayn B. Ducao, who is prosecuting the case.Pierre Woman Charged with Theft, Misuse of Benefits and False StatementRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pierre, South Dakota, woman has been indicted by a federal grand jury for Theft of Government Funds, Misuse of Benefits by a Representative Payee, and False Statement.
Bobbie Jo Ziegler, a/k/a Bobbie Jo McGhee, age 41, was indicted by a federal grand jury on October 15, 2014. She appeared before U.S. Magistrate Judge Mark A. Moreno on October 28, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges stem from an allegation that between November 2012 and March 2013, in Hughes County, Ziegler embezzled, stole, purloined or knowingly converted to her own use Title II funds from the Social Security Administration to which she was not entitled. Ziegler is also alleged to have made materially false, fictitious, and fraudulent statements and representations in an application to become a benefit payee for the victim.
The charges are merely an accusation and Ziegler is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Office of the Inspector General for the Social Security Administration. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Ziegler was released on bond pending trial. A trial date has not been set.
Pennsylvania Sex Offender Sentenced for Failure to Update RegistrationRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Tara Tighe, Public Affairs SpecialistWHEELING, WEST VIRGINIA – Pennsylvania sex offender Charles Lundis, 64, was sentenced today to 15 months in prison for failure to update his sex offender registration when he relocated to Weirton, West Virginia, United States Attorney William J. Ihlenfeld, II, announced today.
Lundis was convicted of “Rape” in Pennsylvania in September 1990. As a result, he is required to register as a sex offender. An investigation by the United States Marshals Service and the West Virginia State Police revealed that Lundis failed to register with the West Virginia Sex Offender Registry when he moved from Pennsylvania to Weirton in September 2013.
Lundis pled guilty in August 2014 to one count of “Failure to Register and Update Registration as a Sex Offender – SORNA.”
Assistant U.S. Attorney Steve Vogrin prosecuted the case on behalf of the government.
Senior U.S. District Judge Frederick P. Stamp presided.
Ohio Man Sentenced for Heroin DistributionRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Tara Tighe, Public Affairs SpecialistWHEELING, WEST VIRGINIA – Lionel Hollingsworth, 25, of Marietta, Ohio, was sentenced today to 23 months in prison for heroin distribution, United States Attorney William J. Ihlenfeld, II, announced today.
An investigation by the Marshall County Drug and Violent Crime Task Force, a HIDTA-funded initiative, revealed that Hollingsworth sold heroin in November 2013 near Moundsville, West Virginia. He pled guilty in August 2014 to one count of “Distribution of Heroin.”
Assistant U.S. Attorney Randy Bernard prosecuted the case on behalf of the government.
Senior U.S. District Judge Frederick P. Stamp presided.
Oglala Man Pleads Not Guilty to Aggravated Sexual AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that an Oglala, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse.
Darrell Chase In Winter, Jr., age 22, was indicted on June 17, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on November 5, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is life imprisonment and/or a $250,000 fine, lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge stems from Chase In Winter knowingly engaging in a sexual act with a young female in May 2014 at Oglala.
The charge is merely an accusation and Chase In Winter is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.
Chase In Winter was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for January 13, 2015.
Oahu Men Charged with Operating Gambling BusinessRead the Press Release
HONOLULU – Three Oahu residents made their initial appearance before Magistrate Judge Richard L. Puglisi today after being charged in a criminal complaint with conducting an illegal gambling business from approximately January to the present. Delvin Phuong Pham, age 48, Ken Truong, age 33, and Cam Lam, age 38, had been arrested on November 7, and were released on unsecured bonds by Judge Puglisi pending their preliminary hearing on November 24.
Florence T. Nakakuni, Untied States Attorney for the District of Hawaii, said that according to allegations contained in the affidavit in support of the criminal complaint filed in court, Pham and Truong received proceeds from the operation of an illegal gambling business on Smith Street in downtown Honolulu, which contained approximately seven illegal gambling machines.
The affidavit further alleges that Pham opened a room where illegal baccarat betting occurred on Pauahi Street in downtown Honolulu on October 7, 2014. The affidavit recounts that the Smith Street location made a profit of approximately $109,000 from July 7 through September 22, 2014, and the baccarat room made a profit of $28,000 in ten days. The affidavit also alleges that Pham, in an effort to have police stay away from and protect gambling establishments, paid two Honolulu Police Department officers a total of $3,600, plus an additional $4,000 for an expected return of gambling machines seized by HPD from his establishments. The two HPD officers only pretended to assist Pham and were actually furthering the criminal investigation.
If indicted and convicted, each defendant faces up to five years in prison and a fine of up to $250,000. The charge in the complaint, as well as the information in the complaint affidavit, are merely accusations, and each defendant is presumed innocent until proven guilty.
The case resulted from an investigation by Homeland Security Investigations and the Honolulu Police Department. The case is being prosecuted by Assistant U.S. Attorney Chris A. Thomas.
Navajo, N.M., Man Pleads Guilty to Assaulting Intimate PartnerRead the Press Release
Defendant Prosecuted as Part of Federal Initiative to Address
the Epidemic Incidence of Violence Against Native WomenALBUQUERQUE – Harold Anthony Nez, 36, an enrolled member of the Navajo Nation who resides in Navajo, N.M., pleaded guilty today to a federal assault charge. Under the terms of his plea agreement, Nez will be sentenced to 15 month in federal prison followed by a term of supervised release to be determined by the court.
Nez was arrested on Feb. 20, 2014, on a criminal complaint alleging that he assaulted his intimate partner, a Navajo woman, on Jan. 16, 2014, by driving into her with a vehicle and pinning her left leg against a fence. The assault occurred in Navajo in McKinley County, N.M. Nez subsequently was indicted and charged with assault with a dangerous vehicle and assault resulting in serious bodily injury.
Today Nez pled guilty to an assault resulting in serious bodily injury charge. In his plea agreement, Nez admitted assaulting his intimate partner by hitting her with a vehicle. Nez admitted that as a result of the assault, the victim suffered extreme physical pain and severe bruising to the leg that required medical attention.
Nez has been in federal custody since his arrest. He remains detained pending sentencing, which has yet to be scheduled.
This case was investigated by the Window Rock, Arizona office, of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney David Adams.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Naturalized U.S. Citizen Convicted on Immigration Fraud for Failing to Disclose Terrorism ConvictionRead the Press Release
A naturalized U.S. citizen was convicted of immigration fraud today for failing to disclose that she had been convicted of participating in a terrorist bombing, U.S. Attorney Barbara L. McQuade announced today.
Joining McQuade in the announcement was Marlon Miller, Special Agent in Charge of Immigration and Customs Enforcement, Homeland Security Investigations.
Convicted was Rasmieh Yousef Odeh, 67, a Chicago-area resident. The five-day trial was conducted before U.S. District Judge Gershwin Drain.
Odeh was found guilty of procuring her U.S. citizenship unlawfully. According to the indictment, Odeh was convicted in Israel for her role in the 1969 bombings of a supermarket and the British Consulate in Jerusalem, which were carried out on behalf of the Popular Front for the Liberation of Palestine ("PFLP"), a designated terrorist organization. Odeh and others placed multiple bombs at the British Consulate and in a supermarket. One of the bombs placed at the supermarket detonated, killing two and injuring others. A bomb placed at the Consulate caused structural damage to the facility. Odeh was sentenced by Israeli military authorities to life imprisonment, but was released after ten years as part of a prisoner exchange, and she then returned to the West Bank.
The evidence presented at trial established that in 1995, Odeh immigrated to the United States and was naturalized as a citizen in 2004. In her immigration documents filed in the United States, Odeh failed to disclose her arrest, conviction and imprisonment overseas, which were material facts for the U.S. government in determining whether to grant her citizenship.
“Today’s guilty verdict further emphasizes that the United States will never be a safe haven for individuals seeking to distance themselves from their pasts, no matter how distant that past might be,” said Marlon Miller, special agent in charge for HSI Detroit. “When individuals lie on immigration documents, the system is severely undermined and the security of our nation is put at risk.”
"An individual convicted of a terrorist bombing would not be admitted to the United States if that information was known at the time of arrival," McQuade said. "Upon discovery that someone convicted of a terrorist attack is in the United States illegally, we will seek to use our criminal justice system to remove that individual."Odeh faces a maximum sentence of 10 years in federal prison and will be stripped of her United States citizenship. A sentencing date has been set for March 10, 2015 at 11 am. Judge Drain remanded Odeh to the custody of the United States Marshals pending her sentencing.
This case was investigated by special agents of Immigration and Customs Enforcement, Homeland Security Investigations and prosecuted by Assistant U.S. Attorney Jonathan Tukel and Special Assistant U.S. Attorney Mark Jebson.Natchitoches Man Sentenced to 70 Months in Prison for Role in Illegal Drug ConspiracyRead the Press Release
SHREVEPORT, La. – United States Attorney Stephanie A. Finley announced today that a Natchitoches man was sentenced to 70 months in prison for conspiring to sell cocaine and methamphetamine.
James R. Smith Jr., 39, of Natchitoches, La., was sentenced by U.S. District Judge Donald Walter for one count of conspiracy to distribute cocaine and methamphetamine. He was also sentenced to three years of supervised release. According to evidence presented at the May 16, 2014 guilty plea, Smith conspired with others from 2010 to 2013 to distribute and possess powder cocaine and methamphetamine in Caddo Parish, Bossier Parish, Vernon Parish and Houston, Texas. Authorities recorded Smith selling another man 1 pound of methamphetamine.
Smith was arrested as part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation called Operation Styrofoam Cookies. The DEA participated in this OCDETF 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. Attorney James G. Cowles prosecuted the case.
Missouri Tax Preparer Sentenced on Federal Tax Fraud ChargesRead the Press Release
KANSAS CITY, KAN. - A Missouri tax preparer was sentenced Monday to 51 months in federal prison for preparing false income tax returns resulting in a total tax loss of more than $316,000, U.S. Attorney Barry Grissom said today.
Cynthia M. Raymond, Jackson, Mo., pleaded guilty to five counts of filing false tax returns and one count of aggravated identity theft. In her plea, she admitted submitting approximately 98 false tax returns under the names of 36 clients for the tax years 2007 through 2010. Her clients were not aware that she prepared returns including false deductions for business losses, charitable contributions, unreimbursed business expenses, medical expenses and false tax credits including education and residential energy credits.
She filed the returns electronically and provided her clients with different tax returns than she filed with the IRS. She routinely directed the Internal Revenue Service to deposit part of the refund to her clients’ accounts and to deposit the rest of the refund into her personal account.
Grissom commended IRS-Criminal Investigation and Assistant U.S. Attorney Chris Oakley for their work on the case.Mission Man Sentenced for Criminal ContemptRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Criminal Contempt was sentenced on October 28, 2014, by U.S. District Judge Roberto A. Lange.
Michael Swalley, age 22, was sentenced to 5 days in custody with credit for time served, and a $10 special assessment to the Federal Crime Victims Fund.
Swalley was indicted for Criminal Contempt by a federal grand jury on July 15, 2014. He pled guilty to the Indictment on July 22, 2014.
The conviction stems from an incident on July 15, 2014, when Swalley failed to comply with a command and subpoena issued by the United States District Court requiring him to appear at a court hearing.
T his case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Tim Maher prosecuted the case.
Swalley was released from custody.
Minneapolis Man Charged with Threatening Federal InvestigatorRead the Press Release
United States Attorney Andrew M. Luger and Federal Bureau of Investigation Special Agent in Charge for the Minneapolis Division Richard T. Thornton today announced charges filed against MOHAMED ALI OMAR, 21, for knowingly and intentionally threatening a Special Agent of the Federal Bureau of Investigation (FBI) during a routine interview. The defendant made an initial appearance this afternoon before Magistrate Judge Steven E. Rau in United States District Court in St. Paul, Minn. His next court appearance is expected on Friday, November 14, 2014 in United States District Court in St. Paul, Minn.
“The safety and security of FBI employees is of paramount concern to the organization,” said FBI Special Agent in Charge Thornton. “The FBI will aggressively address all actual or implied threats to its employees.”
“Those who threaten violence against federal agents are committing a crime,” said U.S. Attorney Luger. “Any person has the right not to talk to law enforcement officers. But it is a crime to threaten violence against a federal law enforcement agent. This Office will do everything in our power to ensure the continued safety of federal agents.”
According to the complaint and documents filed in court, on November 6, 2014, two FBI Agents and a language interpreter went to OMAR’S house in South Minneapolis to interview a member of his family about the possible commission of an unrelated crime. When the agents and interpreter arrived outside of the house, OMAR opened the door and directed obscene language toward the FBI agents, threatened to “put down” the interpreter, and told the agents that “he had a permit to carry, and that if they came back, he would get them.” OMAR also told that agents that they “knew his history.” Taken in combination with the defendant’s history, the FBI agents understood him to mean that he would shoot at them if they returned to his house.
This case is the result of an investigation conducted by the FBI.
Defendant Information:
MOHAMED ALI OMAR, 21
Minneapolis, Minn.
Charges:
• Knowingly and intentionally threatening a federal officer, 1 count###
The charges contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Minneapolis Man Charged with Threatening Federal InvestigatorRead the Press Release
United States Attorney Andrew M. Luger and Federal Bureau of Investigation Special Agent-in- Charge for the Minneapolis Division Richard T. Thornton today announced charges filed against MOHAMED ALI OMAR, 21, for knowingly and intentionally threatening a Special Agent of the Federal Bureau of Investigation (FBI) during a routine interview. The defendant made an initial appearance this afternoon before Magistrate Judge Steven E. Rau in United States District Court in St. Paul, Minn. His next court appearance is expected on Friday, November 14, 2014 in United States District Court in St. Paul, Minn.
“The safety and security of FBI employees is of paramount concern to the organization,” said FBI Special Agent-in-Charge Thornton. “The FBI will aggressively address all actual or implied threats to its employees.”
“Those who threaten violence against federal agents are committing a crime,” said U.S. Attorney Luger. “Any person has the right not to talk to law enforcement officers. But it is a crime to threaten violence against a federal law enforcement agent. This Office will do everything in our power to ensure the continued safety of federal agents.”
According to the complaint and documents filed in court, on November 6, 2014, two FBI Agents and a language interpreter went to OMAR’S house in South Minneapolis to interview a member of his family about the possible commission of an unrelated crime. When the agents and interpreter arrived outside of the house, OMAR opened the door and directed obscene language toward the FBI agents, threatened to “put down” the interpreter, and told the agents that “he had a permit to carry, and that if they came back, he would get them.” OMAR also told that agents that they “knew his history.” Taken in combination with the defendant’s history, the FBI agents understood him to mean that he would shoot at them if they returned to his house.
This case is the result of an investigation conducted by the FBI.
Defendant Information:
MOHAMED ALI OMAR, 21
Minneapolis, Minn.
Charges:• Knowingly and intentionally threatening a federal officer, 1 count
###
Mercer County Man Sentenced for Possessing Videos Showing Sexual Exploitation of GirlsRead the Press Release
PITTSBURGH -A Mercer County resident has been sentenced in federal court to one day in the custody of the United States Marshal’s Service, followed by 12 years supervised release, the first 14 months of which is to be served in home confinement, with electronic monitoring, on his conviction of possession of material depicting the sexual exploitation of a minor, United States Attorney David J. Hickton announced today.
United States District Judge Mark R. Hornak imposed the sentence on Joseph L. Bryer, 53, of Grove City, Pa.
According to information presented to the court, Bryer possessed in excess of 10 videos in computer graphics files, which depicted prepubescent minors engaging in sexually explicit conduct. The videos were downloaded and shared using peer-to-peer software installed on Bryer’s computer. The videos included those depicting prepubescent females engaging in sexual intercourse with adult males.
Prior to imposing sentence, Judge Hornak granted the defendant’s request to depart from the Sentencing Guidelines applicable to the case, that is 63-78 months imprisonment, due to the defendant’s very low I.Q.
Assistant United States Attorney Carolyn J. Bloch prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended Homeland Security Investigations - Immigration and Customs Enforcement and the United States Secret Service for the investigation leading to the successful prosecution of Bryer.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Man Sentenced for Illegally Reentering the United StatesRead the Press Release
CHARLESTON, W. Va. - United States Attorney Booth Goodwin announced that Felipe Vargas-Briones, 28, was sentenced to twelve months and one day in prison for the federal offense of reentering the United States after previous deportation to Mexico. He also faces administrative deportation from the United States at the conclusion of his sentence.
Vargas-Briones was convicted in July of 2008 for being an illegal immigrant in possession of a firearm. Following the conviction, he was deported to Mexico and prohibited from returning to the United States. During a routine traffic stop in May of 2014, West Virginia State Police found Vargas-Briones near Chelyan, West Virginia. The West Virginia State Police and the United States Department of Homeland Security conducted the investigation. Assistant United States Attorney Erik S. Goes prosecuted the matter on behalf of the United States of America. The Honorable John T. Copenhaver, Jr. presided over the sentencing.
Man Pleads Guilty to Possessing Numerous Unauthorized Access Devices to Obtain MerchandiseRead the Press Release
BUFFALO, N.Y.–U.S. Attorney William J. Hochul, Jr. announced today that Luis Alcalar Vasquez, a/k/a Noberto DeRivas, a/k/a Abraham Rivas-Rios, 43, of Texas and Mexico, pleaded guilty before U.S. District Court Judge Richard J. Arcara to possession of 15 or more unauthorized access devices. The charge carries a maximum sentence of 10 years in prison and a fine of $250,000.
Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that between November 2012 and March 2013, the defendant obtained high-end merchandise at various Home Depot stores in Illinois, Indiana, Ohio and New York by scanning bar codes for lower ticketed items at self check-out stations. Vasquez scanned the bar codes for the lower cost items but took the more expensive items out of the stores. For example, the defendant scanned the bar code for a sink priced at $59.95 but actually left the store with a sink costing $444.79. Vazquez then returned the higher ticketed merchandise to another Home Depot location in exchange for stored value cards.
By early March, 2013, Home Depot became aware that the “ticket-switch” and refund transactions were being executed at stores in Western New York. On March 7, 2013, at stores in West Seneca, Buffalo, and Cheektowaga, sinks costing $444.79 were exchanged for stored value cards in that amount.
Later on March 7, at Home Depot’s store in Lockport, the defendant tried to use a California driver’s license bearing his picture but a different name, in order to return merchandise valued at $700.55. However, Home Depot personnel stopped the transaction and called Niagara County Sheriff’s Office deputies to the Lockport store, where they took the defendant into custody. Niagara County Sheriff’s Office investigators found Vasquez had 20 false California drivers licenses in three different names but all bearing the defendant’s picture, and 17 Home Depot stored value cards worth approximately $5,910. Two cell phones with bar codes taped to their backs were found on the defendant.
The total value of the merchandise the defendant obtained from The Home Depot stores was $77,577.90.
The plea is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation and investigators of the Niagara County Sheriff’s Department, under the direction of Niagara County Sheriff James Voutour.
Sentencing is scheduled for March 4, at 12:30 p.m. before Judge Arcara.Leon and Duell Charged with Perjury in Schenectady Arson Homicide CaseRead the Press Release
ALBANY, NEW YORK – Edward A. Leon and Jennica Duell have been arrested and charged, in separate indictments, with making false declarations before a federal grand jury, announced United States Attorney Richard S. Hartunian and Acting Special Agent in Charge James S. Higgins of the Bureau of Alcohol, Tobacco, Firearms & Explosives. The indictments allege that the false declarations were made in testimony before a grand jury conducting an investigation into the fire on or about May 2, 2013 at 438 Hulett Street in Schenectady, New York that caused the deaths of David Terry and three young children, seriously injured another child, and destroyed the building and the personal property inside.
The indictment charging Duell alleges that she testified under oath before the federal grand jury on or about May 24, 2013 and on or about January 31, 2014 and knowingly made material declarations on each date which were irreconcilably contradictory and inconsistent to the degree that one of them was necessarily false. The indictment alleges that Duell’s testimony in May of 2013 included declarations about how the fire at 438 Hulett Street was started, and by whom, and how: 1) A man said that he could make it so Duell and him could be together forever; 2) She, the man, and others had traveled from Saratoga Springs to Schenectady, talking about how she was tired of being controlled by David Terry, a face to face confrontation was necessary, and she said to do it and get it over with; 3) They stopped to get gas along the way; 4) A man poured gas in the hallway and then lit the stairs by using a lighter and a cloth with gas on it; 5) She spoke about her babies and he said they would get out and not get hurt; 6) Before lighting the fire, he asked Duell if she wanted to be free, and she said she did; 7) She saw the flames and wanted to get in there, but he wouldn’t let her; and 8) He said her story should be that they were in Saratoga the whole night. The indictment further alleges that Duell’s testimony in January of 2014 included declarations that the May 2013 declarations were untrue, and that she and the others had stayed in Saratoga Springs the entire night of the fire, never traveling to Schenectady.
The indictment of Leon charges two counts of making false declarations before the grand jury in sworn testimony on November 22, 2013. Count One alleges that Leon testified falsely regarding his travel on May 2, 2013, alleging that he falsely testified that he had driven straight from the Cumberland Farms in Palatine Bridge to work in Amsterdam, New York, but that he had actually driven first to Schenectady, was there driving on Hamilton Street near its intersection with Hulett Street at about 4:19 a.m, and was in the area of 438 Hulett Street at the time of the fire. Count Two alleges that Leon testified falsely in denying that he had used a particular telephone to send text messages to David Terry, some of which were threatening, from April 25 – 29, 2013.
Leon, 42, of St. Johnsville, New York, and Duell, 26, of Schenectady, New York, both appeared today before U.S. Magistrate Judge Christian F. Hummel in U.S. District Court in Albany, New York. Leon waived a detention hearing and was detained pending trial or a later hearing request. Duell was detained pending a hearing scheduled for Wednesday, November 12, 2014 at 2:00 p.m. The indictments are merely accusations and the defendants are presumed innocent unless and until proven guilty in a court of law. If convicted, Duell faces a maximum sentence of imprisonment for five years, a $250,000 fine, and a term of supervised release of up to three years. Since Leon is charged with two counts, if convicted, he faces an aggregate maximum sentence of imprisonment for ten years, a $500,000 fine, and a term of supervised release up to five years.
United States Attorney Hartunian stated: “The constitutional requirement of indictment by a grand jury depends on the truthful testimony of witnesses. Perjury undermines the integrity of our judicial system and is particularly insidious when the underlying offense is one that resulted in the killing of a father and three young children and horrible injuries to a fourth child. This indictment alleges conduct designed to impede the investigation, but we remain resolute in our commitment to continuing the investigation until justice is done.”
The charges today resulted from an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms & Explosives of the U.S. Department of Justice, the Schenectady Police Department, and the Schenectady Fire Department. The case is being prosecuted by First Assistant U. S. Attorney Grant C. Jaquith and Assistant United States AttorneyWayne A. Myers.
Further questions or inquiries may be directed to First Assistant U.S. Attorney Jaquith at 518-431-0247.
Las Vegas Attorney Sentenced to 9 Years in Prison for Child Exploitation Offenses in BakersfieldRead the Press Release
FRESNO, Calif. — United States District Judge Lawrence J. O’Neill sentenced Charles Max Pollock, 43, of Las Vegas, to nine years in prison, to be followed by 20 years of supervised release, for travel in interstate commerce with the intent to engage in criminal sexual activity, United States Attorney Benjamin B. Wagner announced.
Pollock’s sentencing followed his guilty plea, which entered on August 27, 2014. According to court documents, Pollock used an alias and posed as a photographer to contact an adult female who had posted an advertisement on Craigslist in Bakersfield seeking a modeling opportunity. The ad noted that her minor son had experience as a model. Pollock traveled from Las Vegas to Bakersfield, rented a hotel room, and took sexually explicit images of the minor. Pollock returned to Las Vegas and continued to communicate with the minor and his mother. Pollock arranged to meet the minor and the minor’s girlfriend at a different hotel in Bakersfield on August 15, 2013. He encouraged the minors to engage in sexually explicit conduct for purposes of taking photographs of the minors. Pollock paid the minors for each of the “photo shoots” and encouraged them not to tell anyone about the conduct.
Pollock is an attorney who has been licensed to practice law in Nevada and California. He has been in custody since September 20, 2013, when he was arrested on state charges for a separate offense in Las Vegas. Pollock has also previously pleaded guilty to those state charges, and he will be sentenced by the state court in Nevada now that his federal court proceedings are completed.
This case was the product of an investigation by the FBI and the Bakersfield Police Department. Assistant United States Attorney David Gappa prosecuted the case.
This case has been brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
L. Brian Whitfield, Former Managing Partner of Sommet Group, Convicted by Federal Jury in $15 Million Fraud SchemeRead the Press Release
L. Brian Whitfield, 49, formerly of Franklin, Tennessee, was convicted by a federal jury on Friday, after an eight-day trial, of 14 fraud-related counts, announced David Rivera, United States Attorney for the Middle District of Tennessee. The jury found Whitfield guilty of conspiracy, wire fraud, theft from an employee benefit program, filing a false tax return, and money laundering.
“Having your corporate name in lights will not insulate its principles from federal prosecution if, through fraud, you steal the health insurance, retirement, and tax contributions of companies and citizens of the Middle District,” stated United States Attorney David Rivera. “This type of corporate fraud will not be viewed as the cost of doing business by the United States Attorney’s Office and its law enforcement partners.”
The evidence during the trial before U.S. District Court Judge Todd J. Campbell established that Whitfield controlled the finances and funds of the Sommet Group LLC, a payroll processing company that operated in Franklin, Tennessee. From 2008 until 2010, Whitfield diverted millions of dollars of client funds that had been earmarked to fund client employee retirement accounts, to pay health claims, and to pay taxes. Instead of using these client funds in the manner in which Sommet had contracted, Whitfield diverted millions of dollars to prop up affiliated companies that he controlled and spent millions of dollars to acquire the naming rights of Nashville’s professional hockey arena, which came to be known as the Sommet Center. Whitfield also diverted client money to pay for personal expenses, including purchasing a $430,000 houseboat, a $99,000 ski boat, luxury clothing and the construction of a $150,000 pool in his backyard.
As a result of Whitfield’s fraud, retirement funds were not fully deposited into the accounts of employees whose paychecks were processed by Sommet, medical and prescription drug claims by employees were not fully paid, and taxes owed by clients to federal, state, and local governments went unpaid.
The evidence at trial also proved that Whitfield vastly underreported wages and taxes on Sommet’s quarterly employer tax returns that he personally prepared and filed. Across six quarters from 2008 – 2010, Sommet paid more than $83 million in wages to its employees and the employees of its clients, but Whitfield reported less than $4 million in wages to the IRS, resulting in an underpayment of more than $20 million in taxes.
“Having your corporate name in lights will not insulate you from federal prosecution if, through fraud, you steal the health insurance, 401 K retirement, and tax contributions of companies and citizens of the Middle District,” stated United States Attorney David Rivera. “This type of corporate fraud will not be viewed as the cost of doing business by the United States Attorney’s Office and its law enforcement partners.”
Whitfield will be sentenced by Judge Campbell on January 26, 2015. Whitfield faces up to 20 years in prison on each of three counts of wire fraud, up to 10 years in prison on each of four counts of money laundering, up to 5 years in prison on a conspiracy count and on each of three counts of theft from an employee benefit plan, and up to 3 years in prison on each of four counts of filing a false federal tax return. He also faces fines and will be ordered to pay restitution to his victims. In addition, the jury specified that Whitfield should forfeit $1.8M of proceeds from his offenses.In July 2013, D. Edwin Todd, a part owner of Sommet, and Marsha Whitfield, Sommet’s Vice President of Payroll, each pleaded guilty to one count of conspiracy for their roles in the scheme orchestrated by Brian Whitfield. Both Todd and Marsha Whitfield are awaiting sentencing.
This case was investigated by agents with the Internal Revenue Service Criminal Investigation, the Federal Bureau of Investigation and the Department of Labor, Employee Benefits Security Administration. The case was prosecuted by Assistant U.S. Attorneys William F. Abely, Kathryn Ward Booth, Sandra G. Moses, and Stephanie N. Toussaint.
Inmate Sentenced for Assaulting Corrections OfficersRead the Press Release
The United States Attorney's Office for the Middle District of Pennsylvania announced today that Maurice Weaver, age 38, a federal inmate, was sentenced by United States District Court Judge Matthew W. Brann to 24 months imprisonment and three years’ supervised release. His sentence is to run consecutive to any other sentence being served by Weaver.
According to United States Attorney Peter Smith, Weaver was charged in an indictment on September 11, 2013 with assaulting the Warden and Associate Warden at the Allenwood Penitentiary in January 2012. After these assaults, Weaver was transferred to the Lewisburg Penitentiary where he assaulted a corrections officer from that institution. The injuries to the three officers were not life threatening.
The case was investigated by the Federal Bureau of Investigation and was prosecuted by Assistant United States Attorney Eric Pfisterer.
Indiana Man Pleads Guilty to Receipt of Child PornRead the Press Release
NORFOLK, Va. – Douglas Lawrence True, 23, of Clarksville, IN, pleaded guilty today to receiving child pornography.
Dana J. Boente, United States Attorney for the Eastern District of Virginia and Charles May, Executive Assistant Director for Naval Criminal Investigative Service Atlantic Operations, made the announcement after True’s guilty plea was accepted by United States District Judge Mark S. Davis of the Eastern District of Virginia.
According to a statement of facts filed with the plea agreement, True was an active duty sailor who was viewing child pornography aboard a ship’s computer. Based upon this activity, the command seized and searched his cellphone. Agents learned that True was communicating with many different minors and enticing them to send explicit photos of themselves to him. In one example, True convinced his co-defendant Rebecca Gibbs to photograph herself performing sex acts on a 1 year old child and to send True the pictures.
A Norfolk federal grand jury indicted True and Gibbs on June 19, 2014 on three counts relating to child pornography. True is scheduled to be sentenced on February 20, 2015 and faces 20 years in prison. Rebecca Gibbs pleaded guilty to production of child pornography on September 30, 2014 and as a result of her guilty plea, she faces a mandatory minimum sentence of 15 years of incarceration when she is sentenced on January 5, 2015.
This case was investigated by Naval Criminal Investigative Service. Assistant United States Attorney Joseph L. Kosky is prosecuting the case on behalf of the United States.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:14-cr-97.
Inclusion and the Justice System:Why Jury Diversity MattersRead the Press Release
In a continued effort to raise awareness on the importance of jury service, Chief Judge Gerald E. Rosen, U.S. District Court for the Eastern District of Michigan, U.S. Attorney Barbara L. McQuade, Chief Federal Defender Miriam L. Siefer, State Representative Rashida Tlaib and Detroit City Council Member Raquel Castaneda-Lopezannounced today a community forum that will focus on the racial and ethnic diversity of juries and the importance of jury service.
The public forum, titled "Inclusion and the Justice System: Why Jury Diversity Matters" will take place Wednesday, November 12, 2014, from 6:00 to 7:30 p.m. at Community Health and Social Services (“CHASS”), 5635 W. Fort Street, Detroit, Michigan.
The purpose of the forum is to educate citizens about the challenges and strategies in the Eastern District of Michigan to seat juries that represent the broad spectrum of citizens of the district and the importance of jury service. Because racial and ethnic minorities have been historically under-represented as jurors in trials held in federal court in southeast Michigan, Chief Judge Rosen formed a committee, led by Judge Denise Page Hood and Judge Victoria A. Roberts, to explore new ways to increase minority participation. The committee=s work has been memorialized in a report, which includes recommendations to achieve a more diverse pool of jurors.
"We appreciate the work the court has done on this issue,@ McQuade said. ADiverse representation on juries is important to public confidence in the criminal justice system."
The forum panel will be moderated by Council Member Raquel Castaneda-Lopez, and will feature Chief Judge Rosen and Judge Denise Page Hood, as well as U.S. Attorney McQuade, and Deputy Federal Defender Rafael Villarruel. The session will include a period for questions and answers from the public.
For a copy of the committee=s report, please visit www.mied.uscourts.gov.Hermosa Man Convicted of Filing False Claims to Receive Grant MoneyRead the Press Release
United States Attorney Brendan V. Johnson announced that Scott Thompson, age 49, of Hermosa, South Dakota, was found guilty of two counts of False Claims, two counts of False Document Submitted to a Department or Agency of the United States, two counts of Fraud by Wire, and one count of Receiving Stolen Government Money as a result of a federal jury trial in Rapid City, South Dakota. The verdict was returned on October 30, 2014.
The charge of Fraud by Wire carries a maximum penalty of 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Each charge of False Claims, False Document Submitted to a Department or Agency of the United States, and Receiving Stolen Government Money carry a maximum penalty of 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
The conviction stems from Thompson falsifying information on multiple grant applications between June 2009 and January 2010, in order to obtain $100,000 in award money from the National Science Foundation.
This case was investigated by the National Science Foundation Office of Inspector General. Assistant U.S. Attorneys Sarah Collins and Eric Kelderman prosecuted the case.
A presentence investigation was ordered and a sentencing date was set for February 2, 2015.
Greenville Men Sentenced for Robbery of Family Dollar StoreRead the Press Release
RALEIGH - United States Attorney Thomas G. Walker announced that in federal court today, Chief United States District Judge James C. Dever, III sentenced JUSTIN COLLINS MITCHELL, 3O,of Greenville, North Carolina, to 78 months in prison and 3 years of supervised released for aiding and abetting the robbery of a business engaged in interstate commerce. MITCHELL previously pled guilty to this charge on August, 4, 2014. Chief Judge Dever previously sentenced MITCHELL’S codefendants, CHRISTOPHER MICHAEL HARDY, 26,and MELVIN TERRELL TURNER, 24,both of Greenville, North Carolina.
On October 15, 2014, HARDY received a 30 month prison sentence for the robbery charge and an 84 month prison sentence to run consecutively for the charge of using, carrying and brandishing a firearm during and in relation to a crime of violence for total sentence of 114 months. Once HARDY is released from the Bureau of Prisons, he will be supervised for a term of 5 years.
On September 18, 2014, TURNER received a 21 month prison sentence for aiding and abetting the robbery and will be supervised for a period of 3 years upon his release from the Bureau of Prisons.
On February 20, 2013, at 9:55 pm, two masked men, including HARDY, robbed a Family Dollar Store on Memorial Drive in Greenville, N.C. of $2,299.73. HARDY possessed a semi-automatic handgun and pointed it at an assistant manager. HARDY and the second masked man ordered the assistant manager to open the store’s register and safe. The investigation revealed that MITCHELL and HARDY solicited TURNER, an employee of the store, to assist in the robbery. TURNER provided information to MITCHELL and HARDY that they used to plan and execute the robbery. There was insufficient evidence to charge the second masked man.
The investigation of this case was conducted by the Federal Bureau of Investigation and the Greenville Police Department. The federal prosecution was handled by Special Assistant United States Attorney Glenn Perry. Mr. Perry is a prosecutor with the Pitt County District Attorney’s Office. Pitt County District Attorney Kimberly Robb has assigned Mr. Perry to the United States Attorney’s Office to prosecute federal Organized Crime Drug Enforcement Task Force criminal matters. Mr. Perry’s assignment to the United States Attorney’s Office has been made possible by grants funded by the Governor’s Crime Commission.
Fort Thompson Man Sentenced for Domestic Assault by A Habitual OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Fort Thompson, South Dakota, man convicted of Domestic Assault by a Habitual Offender was sentenced on November 3, 2014, by U.S. District Judge Roberto A. Lange.
Gary Walking Bull, age 37, was sentenced to 30 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Walking Bull was indicted by a federal grand jury on April 22, 2014. He pled guilty on July 14, 2014.
The conviction stems from an incident on March 21, 2014, when Walking Bull and the victim were at Walking Bull’s grandmother’s house in Fort Thompson. While inside the house, Walking Bull assaulted the victim by punching her in the face and body. She was treated at the Chamberlain hospital, where it was determined she had an orbital fracture and three fractures to her nose that would require surgery to repair. At the time of this assault, Walking Bull had two prior convictions for Domestic Abuse in Crow Creek Sioux Tribal Court.
This case was investigated by Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Walking Bull was immediately turned over to the custody of the U.S. Marshals Service.
- Former Matamoros Mayor Indicted
Former Jefferson Parish Sheriff's Deputy Sentenced to 92 Years in Prison for Civil Rights, Bank Fraud and Aggravated Identity Theft ViolationsRead the Press Release
Former Officer Stole Victim’s Debit Card and Other Items after Responding to Car Accident
Former Jefferson Parish Sheriff’s Deputy Mark Hebert, 49, was sentenced to serve 92 years in prison for a series of offenses Hebert committed while he was a sheriff’s deputy. The sentence was announced by Acting Assistant Attorney General Vanita Gupta for the Civil Rights Division; U.S. Attorney Kenneth A. Polite Jr. for the Eastern District of Louisiana; Special Agent in Charge Michael J. Anderson of the FBI New Orleans Field Office; and Sheriff Newell Normand from the Jefferson Parish Sheriff’s Office.
U.S. District Judge Jane Triche Milazzo issued the sentence today, also ordering Hebert to pay $13,215.22 in restitution between the bank and estate of the victim. Additionally, Judge Milazzo imposed a term of five years of supervised release following the term of imprisonment. During the five year term the defendant will be under federal supervision and risks an additional term of imprisonment should he violate any terms of his supervised release.
According to court documents, Hebert was sentenced for crimes that started with an incident on Aug. 2, 2007, when Hebert, in his capacity as a Jefferson Parish Sheriff’s Deputy, responded to an automobile accident involving Albert Bloch and stole Bloch’s debit card and other items. Thereafter, between Aug. 2 and Nov. 21, 2007, Hebert engaged in a scheme to defraud J.P. Morgan Chase Bank N.A. (Chase Bank) by using Bloch’s debit card to make unauthorized purchases of merchandise, and to withdraw funds from Bloch’s Chase Bank account via ATM. After Bloch filed a dispute with the bank and the bank cancelled the debit card, Hebert continued his scheme to defraud by negotiating and attempting to negotiate forged checks drawn from Bloch’s account. Hebert then obtained a replacement debit card that the bank sent to Bloch’s address, and used that card to make further unauthorized transactions at Chase Bank ATMs.
During the course of the 2007 scheme to defraud, Bloch disappeared and has never been found. After a four-day evidentiary hearing in July 2014, Judge Milazzo found by clear and convincing evidence that Hebert was responsible for the death and disappearance of Bloch. The court announced that it considered this finding in issuing Hebert sentence.
“Former Deputy Hebert used his position as a law enforcement officer to in callous scheme to exploit and defraud the victim,” said Acting Assistant Attorney General Gupta. “The Civil Rights Division, with the help of its federal and local law enforcement partners, will continue to vigorously prosecute cases such as these, where members of law enforcement egregiously violate their oaths in order to deprive individuals of their civil rights.”
“Today’s sentencing is the result of the successful collaboration of local and state law enforcement agencies in our continued fight to eradicate corruption in our community,” said U.S. Attorney Polite. “The U.S. Attorney’s Office and its law enforcement partners are delivering the same message in a unified voice: we will not tolerate abuse of power and official position. If you violate the public trust in Southeast Louisiana, you will be held accountable.”
“Rigorous investigation of such criminal betrayals of oaths of office, as in the Hebert case, will continue to be a top priority for the FBI and its law enforcement partners, and will further cement our already very strong relationship with the Jefferson Parish Sheriff's Office,” said Special Agent in Charge Anderson.
“I am satisfied with today’s sentencing of former Deputy Hebert,” said Jefferson Parish Sheriff Normand. “In as much as I am disappointed in the actions of former Deputy Hebert, I am very pleased that my investigators were instrumental in developing the investigation with the U.S. Attorney’s Office and the FBI. This activity will not be tolerated in my department.”
The investigation of this matter was conducted by the Jefferson Parish Sheriff’s Office Detective’s Bureau and the FBI. The case is being prosecuted by Assistant U.S. Attorney Steve Parker, Assistant U.S. Attorney Tony Sanders, and Civil Rights Division Trial Attorney Shan Patel.
Former College Student Sentenced to One Year in PrisonRead the Press Release
For Unregistered Possession of Ricin
-Toxin Found Last Winter in His Dorm Room-WASHINGTON – Daniel Milzman, 20, was sentenced today to one year and one day in prison on a federal offense stemming from the discovery of a plastic bag of lethal ricin in a dormitory room where he was staying while he was a student at Georgetown University.
The sentencing was announced by U.S. Attorney Ronald C. Machen Jr. and Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office.
Milzman, of Bethesda, Md., pled guilty in September 2014 in the U.S. District Court for the District of Columbia to a charge of unregistered possession of a biological agent or toxin. He was sentenced by the Honorable Ketanji Brown Jackson. The plea agreement, which was contingent upon the Court’s approval, called for a prison sentence falling somewhere within the range of a year and a day to two years of incarceration.
Following the prison term, Milzman will be placed on three years of supervised release. Judge Jackson ordered that Milzman complete 400 hours of community service during that time, to be focused on tutoring underprivileged students in math and physics. She also required him to participate in a mental health program.
According to a statement of offense submitted to the Court at the time of the plea, when law enforcement discovered Milzman’s ricin during the early morning of March 18, 2014, he was a student at Georgetown and shared a dormitory room in McCarthy Hall with a roommate.
Prior to law enforcement’s recovery of Milzman’s ricin, on the night of March 17, 2014, Milzman contacted a friend, a student Resident Advisor, and asked whether they could meet; subsequently, the two met in the friend’s dormitory room. When meeting with his friend, Milzman asked if they could have a “confidential” conversation. The Resident Advisor agreed.
During their conversation, Milzman produced a double-wrapped plastic bag containing an off-white powdery substance from his backpack and tossed it on the floor. He told the Resident Advisor that the bag contained ricin, and said that he had made the substance over a period of four days, while on a school break.
The Resident Advisor directly asked Milzman if he intended to use the ricin on another undergraduate student with whom the defendant had a previous personal relationship. Milzman simply shrugged. After Milzman left his friend’s dormitory room, law enforcement officials were notified of the possible presence of ricin in Milzman’s room.
In response to receiving information regarding the possible presence of ricin in Milzman’s dormitory room, on March 18, 2014, at about 2:30 a.m., members of the District of Columbia Department of Fire and Emergency Medical Services and law enforcement officers went to Milzman’s room.
Milzman was taken to a lobby on the first floor of the dormitory, where he voluntarily spoke with law enforcement officers. He admitted that he had made ricin and said that he had placed it in a plastic bag inside his desk. A small plastic bag containing a powdery substance was located in Milzman’s desk drawer, exactly where Milzman had said it would be. When speaking with law enforcement, Milzman claimed that he intended to use the ricin on himself.
During the investigation, law enforcement confirmed that between Feb. 13 and Feb. 19, 2014, Milzman used key words when searching the Internet that are associated with ricin. Law enforcement also confirmed that from Jan. 1, 2014, through March 18, 2014, Milzman watched various episodes of the television show, “Breaking Bad;” in approximately 13 of the episodes, ricin was used as a weapon to injure or kill someone.”
According to calculations discussed in the Textbook of Military Medicine, Medical Aspects of Chemical and Biological Warfare, a publication of the U.S. Army, and in light of the tests performed on the ricin in this case, the ricin toxin produced by Milzman could have been lethal to an average person weighing 220 pounds, if either inhaled or injected.
Milzman has been in custody since his arrest last March. He will receive credit for his time served as part of the sentence.
In announcing the sentence, U.S. Attorney Machen and Assistant Director in Charge McCabe commended the work of those who investigated the case from the FBI’s Washington Field Office. They also expressed appreciation for the assistance that was provided by the Metropolitan Police Department (MPD), the District of Columbia Department of Fire and Emergency Medical Services, the District of Columbia Department of Forensic Sciences; the Georgetown University Police Department; and the U.S. Department of Homeland Security’s National Bioforensic Analysis Center. They acknowledged the work of those who handled the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney David Mudd; Paralegal Specialist Rayneisha Booth; Legal Assistant Donice Adams, and former Summer Law Clerks Ryan Sellinger and Samantha Goldberg-Seder.
Finally, they commended the work of Assistant U.S. Attorneys Maia L. Miller and Frederick W. Yette, of the National Security Section, who prosecuted the matter.
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Forestville Man Pleads Guilty to Impersonating a Federal OfficerRead the Press Release
Attempted to Perform a Traffic Stop and Called Police When the Driver Ran Away
Greenbelt, Maryland – Joseph Lewis, age 53, of Forestville, Maryland pleaded guilty today to impersonating a federal officer.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Acting Chief of Police Robert D. MacLean of the U.S. Park Police; and Special Agent in Charge Darrell Gilliard of the Naval Criminal Investigative Service, Washington Field Office.
According to his plea agreement, on December 19, 2012, Lewis made a 911 call to request help after he had attempted to initiate a traffic stop on Suitland Parkway, and the driver had run away. Lewis identified himself as an off duty Department of Defense (DOD) Police officer to the U.S. Park Police dispatcher. When Park Police officers arrived at the scene, Lewis displayed DOD police credentials and had a police badge hanging on a chain around his neck. Lewis also had a semi-automatic handgun in a holster on his waist and handcuffs. Lewis was operating a brown Chevrolet Suburban with law enforcement registration, which was equipped with flashing red and blue lights on the front, sides and rear of the vehicle.In fact, Lewis was not a DOD police officer and was not authorized to carry police credentials, a police badge or a firearm. The Suburban was Lewis’ personal vehicle. A search warrant executed at Lewis’ home on January 9, 2013, recovered numerous items of police gear, including three handguns, ammunition, handcuffs, mace, batons, stun guns, DOD police officer credentials and law enforcement officer badges and patches.
Lewis faces a maximum sentence of three years in prison. U.S. District Judge Paul W. Grimm has scheduled sentencing for February 13, 2015, at 9:00 a.m.
United States Attorney Rod J. Rosenstein praised the U.S. Park Police and Naval Criminal Investigative Service for their work in the investigation, and thanked Assistant U.S. Attorney Deborah A. Johnston, who is prosecuting the case.Felon Charged with Federal Drug and Gun Law ViolationsRead the Press Release
PITTSBURGH – Romulus Bryant has been indicted by a federal grand jury in Pittsburgh for heroin and marijuana trafficking and manufacturing, as well as for possessing over 200 rounds of ammunition after several felony convictions, United States Attorney David J. Hickton announced today.
The indictment, returned on Oct. 28 and unsealed today, charges Bryant, 34, of Pittsburgh, with possessing heroin and marijuana with intent to distribute, and with manufacturing marijuana, on Jan. 10, 2014. The indictment also charges Bryant with possessing over 200 rounds of ammunition after having been convicted of committing 10 felony drug trafficking crimes in seven separate cases in the Allegheny County Court of Common Pleas.
The law provides for a maximum total sentence of at least 15 years and up to life in prison and a fine of up to $3,250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Craig W. Haller is prosecuting this case on behalf of the United States.
The Drug Enforcement Administration and the Pittsburgh Bureau of Police conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Federal Prosecutors Charge Former Winston County Deputy with Extorting Manufacture of MethamphetamineRead the Press Release
BIRMINGHAM -- Federal prosecutors today charged a former Winston County sheriff's deputy with using his police authority to extort a woman to cook methamphetamine, and with causing her to manufacture and distribute the drug at the home where she lived with a minor child, announced U.S. Attorney Joyce White Vance and FBI Special Agent in Charge Richard D. Schwein Jr.The U.S. Attorney's Office charged GRADY KEITH CONCORD, 42, of Lynn, with one count of extortion under color of official right, one count of manufacturing methamphetamine and one count of manufacturing and distributing methamphetamine on premises where children are present or reside. Concord has agreed to plead guilty to the charges. Prosecutors filed the three-count information and Concord's plea agreement in U.S. District Court.
According to those documents, Concord was a deputy with the Winston County Sheriff's Office in July 2013 when he approached a woman who lived in the town of Nauvoo and pressured her to manufacture methamphetamine for him. Concord was a methamphetamine user and arranged to supply the woman with pseudoephedrine, a necessary ingredient of the illegal drug, in exchange for a portion of the finished product.
Concord disputes the woman's claim that he threatened her with an arrest warrant unless she agreed to the arrangement, but he concedes that because he was a sheriff's deputy, she may have felt that she "had no choice but to accept his offer," his plea agreement states.
On several occasions between July 2013 through June 2014, Concord delivered pseudoephedrine to the woman's home, where she manufactured the methamphetamine, and where he picked up the illegal drug, according to his plea agreement. Concord obtained decongestant pills containing pseudoephedrine from the sheriff's office evidence room, and he and his wife both bought the pills, the plea agreement states.
Concord knew the woman had two sons who lived with her, and that one of them was a minor, according to the plea agreement.
He faces a maximum penalty of 20 years in prison and a $250,000 fine on the extortion count and a maximum penalty of 20 years in prison and a $1 million fine on the count of manufacturing methamphetamine. Any sentence imposed for the manufacture of methamphetamine where minors reside or are present must be served consecutively to any other sentence imposed. The maximum penalty for that count is 20 years in prison and a $2 million fine.
As part of Concord's plea agreement, he must surrender all law enforcement certifications and not seek future employment in law enforcement or custodial oversight, including as a correctional or probation officer or bail bondsman.
The FBI, State Bureau of Investigation, agents of the Lauderdale County Drug Task Force assigned to the FBI's Safe Streets Task Force, and the Winston/Marion County District Attorney's Office, in cooperation of the Winston County Sheriff's Office and the Lynn Police Department investigated the case. Assistant U.S. Attorney Tamarra Matthews Johnson is prosecuting the case.
Fayetteville Man Who Threatened Wife Sentenced to 84 Months for Possession of A Fiream by A FelonRead the Press Release
RALEIGH – United States Attorney Thomas G. Walker announced that today in federal court, Chief United States District Judge James C. Dever III sentenced GLENN SYLVESTER JACKSON , 29, of Fayetteville to 84 months imprisonment, followed by 3 years of supervised release.
JACKSON was named in a one count Indictment filed on September 17, 2013, charging him with Possession of a Firearm by a Felon. On June 17, 2014, JACKSON pled guilty to the charge.
According to the investigation, on April 12, 2013, deputies with the Cumberland County Sheriff’s Office (CCSO) in Fayetteville, North Carolina, responded to a report of a domestic disturbance in a vehicle. Specifically, JACKSON and his wife were engaged in a verbal argument when JACKSON retrieved a loaded firearm and placed it against his wife’s head before ultimately exiting and punching the vehicle. When approached by CCSO deputies, JACKSON ran from the officers prior to being apprehended. A search of the defendant revealed a loaded firearm. JACKSON is a felon who is prohibited from possessing firearms.
This case was part of the Project Safe Neighborhoods (PSN) initiative which encourages federal, state, and local agencies to cooperate in a unified “team effort” against gun crime, targeting repeat offenders who continually plague their communities.
Investigation of this case was conducted by the Cumberland County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Assistant United States Attorney S. Katherine Burnette prosecuted the case for the government.
Eagle Butte Man Sentenced for Aggravated Sexual Abuse of A ChildRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of Aggravated Sexual Abuse of a Child was sentenced on November 3, 2014, by U.S. District Judge Roberto A. Lange.
Frank Duane Baker, Jr., age 42, was sentenced to 132 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Baker was indicted for several counts of Aggravated Sexual Abuse by a federal grand jury on May 13, 2014. He pled guilty on July 14, 2014, to one count of Aggravated Sexual Abuse of a Child.
The conviction stems from incidents between June 1, 1995, and August 31, 1996, when Baker, who was providing babysitting services, sexually assaulted a female child who was under the age of 12 years old.
This case was investigated by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Baker was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
Eagle Butte Man Charged with Sexual Abuse of A MinorRead 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 two counts of Sexual Abuse of a Minor.
Randall Little Shield, age 22, was indicted by a federal grand jury on October 15, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 28, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 15 years in custody and/or a $250,000 fine, at least 5 years up to life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge stems from an allegation that on two separate occasions, one in June 2014, and one between August 31 and September 1, 2014, Little Shield engaged in a sexual act with a minor who was between the ages of 12 and 16. Both incidents occurred in Eagle Butte.
The charges are merely an accusation and Little Shield is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.
Little Shield was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Eagle Butte Man Charged with Assault with A Dangerous Weapon and Assault Resulting in Serious Bodily InjuryRead 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.
Randall Bear Eagle, age 30, was indicted on October 15, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 4, 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 up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on July 5, 2014, Bear Eagle unlawfully assaulted a male victim with dangerous weapons, that is a tire iron, a knife, a frying pan, and a CD player, which resulted in serious bodily injury to the victim.
The charges are merely accusations and Bear Eagle is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.
Bear Eagle was remanded to the custody of the U.S. Marshals Service pending trial which has been set for December 16, 2014.
Dunbar Man Pleads Guilty to Federal Firearms ChargeRead the Press Release
CHARLESTON, W.Va. – A Dunbar man who illegally possessed a firearm on November 30, 2012, pleaded guilty today to a federal firearms charge, announced U.S. Attorney Booth Goodwin. Blaine Jerome Ivery, 32, pleaded guilty in federal court in Charleston to being a felon in possession of a firearm. At approximately 3 a.m. on November 30, 2012, members of the Charleston Police Department were parked outside of the Impulse night club on Capitol Street in downtown Charleston when they heard what they believed to be a gunshot. Officers then watched Ivery run a red traffic light in a car near the area where the gunfire sounded. When officers stopped the car, Ivery tossed a loaded Hi-Point 9mm semiautomatic from the passenger side of the car onto the sidewalk. Ivery was alone in the car. A spent 9 mm shell casing was also recovered from inside the vehicle.
Ivery had previously been convicted in the Circuit Court of Kanawha County, West Virginia, in 2010 of wanton endangerment with a firearm. He faces up to ten years in federal prison when he is sentence on February 18, 2015. The Charleston Police Department, with assistance from the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives, conducted the investigation. Assistant United States Attorneys Haley Bunn and Jennifer Rada Herrald are in charge of the prosecution.
The case is being prosecuted as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a commitment of U.S. Attorney Goodwin’s office and other officials nationwide to reduce gun crime in the United States by networking existing local programs targeting gun crime.
Detroit Drug Dealer Convicted by Jury for Conspiracy to Distribute Oxycodone and over Kilogram of HeroinRead the Press Release
Jury also returns guilty verdicts on Federal Gun Charges and Witness Tampering
CHARLESTON, W.Va. – Late Friday, a federal jury sitting in Charleston returned a guilty verdict on all five counts of an indictment against Willie Slocum, Jr., 35, of Detroit, Michigan. Slocum was convicted following a five day trial of conspiracy to distribute over one kilogram of heroin, conspiracy to distribute oxycodone, two counts of being a felon in possession of a firearm, and one count of tampering with a witness. The jury heard testimony last week from fifteen witnesses who purchased heroin and pills from Slocum, and who sold pills and heroin for Slocum in the Charleston area. Slocum was prohibited from possessing firearms by virtue of felony convictions in Michigan in 1999 for Second Degree Murder, Assault with Intent to Murder and Felony Possession of Firearms. Slocum faces up to life imprisonment when he is sentenced on February 4, 2015, by United States District Judge John T. Copenhaver, Jr., who also presided over the trial.
The Kanawha County Sheriff’s Office conducted the investigation.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill and heroin trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.
Chinese Citizen Sentenced to Two Years in Prison for Scheme to Smuggle Restricted Parts to ChinaRead the Press Release
A citizen of China was sentenced today in U.S. District Court in Seattle to two years in prison for violating the Arms Control Export Act, announced Acting U.S. Attorney Annette L. Hayes. SEE KEE CHIN, a/k/a, Alfred Chin, 56, of Hong Kong was arrested in Seattle on February 10, 2014, after he entered the United States as part of a scheme to obtain restricted parts and illegally smuggle them to China. CHIN attempted to obtain and export accelerometers that are designated on the United States Munitions List, International Traffic in Arms Regulations. The accelerometers are designed for low and zero gravity inertial navigation systems that can be used in satellites and launch vehicle applications. At the sentencing hearing, U.S. District Judge John C. Coughenour noted that it is important to send a message to others overseas that violations of the Arms Control Act will be punished.
“We will hold to account those who circumvent requirements designed to protect our national security,” said Acting U.S. Attorney Annette L. Hayes. “This defendant attempted to smuggle restricted equipment out of the United States knowing it was illegal to do so, and he admits he was working for others in China. Ensuring our technology does not fall into the wrong hands remains a top priority.”
According to the criminal complaint, a U.S. company that sells accelerometers reported suspicious contact with a Canadian who wanted to purchase restricted equipment. Between September 2013 and February 2014, the investigation revealed that the Canadian was inquiring on behalf of CHIN, who indicated he would personally pick up the order. CHIN was arrested in Seattle after he made payment of over $85,000, and attempted to pick up the items. CHIN had indicated he planned to smuggle the parts out of the country in his suitcase. He previously discussed hiding the items in children’s toys.
“Accelerometers are fairly common, in fact most people have one in their pocket installed in their cellphone,” said Brad Bench, special agent in charge of HSI Seattle. “What Chin was after wasn’t one of those. The accelerometers he attempted to purchase are specialized pieces of equipment designed to be used in satellites. This caught the attention of HSI special agents, whose job it is to keep restricted arms parts out of the hands of our nation’s enemies. HSI is committed to thwarting clandestine attempts by foreign nationals to illegally export sensitive technology from the U.S.”
The Department of State promulgates the United States Munitions List, which consists of categories of defense articles and services that cannot be exported without a license issued by the Department of State. The U.S. Munitions List includes the accelerometers ordered in this case. As a result, the export required an export license.
The case was investigated by U.S. Immigration and Customs Enforcement Homeland Security Investigation (HSI). The case was prosecuted by Assistant United States Attorney Thomas Woods.
Canadian National Arrested on Charges of Traveling into the United States to have Sex with a MinorRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Alysa D. Erichs, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), and Addy Villanueva, Special Agent in Charge, Florida Department of Law Enforcement (FDLE), announce the arrest of Rene Roberge, 47, of Quebec, Canada, on charges of enticement of a minor, in violation of Title 18, United States Code, Section 2422(b) and traveling into the United States with the intent to engage in illicit sexual conduct. These charges carry a minimum mandatory sentence of ten years and a possible maximum sentence of life in prison.
According to the criminal complaint, Roberge traveled from Quebec, Canada to Fort Lauderdale on November 9, 2014 to meet with an underage boy and his father for a sexual encounter. Upon his arrival, Roberge was greeted by undercover officers and was interviewed.
On October 9, 2014, Roberge sent an email to an undercover FDLE agent through a social networking site, in which Roberge requested to meet with the agent and the agent’s 14 year-old son. Roberge chatted with the undercover agent, and stated that he would be willing to travel to Florida to meet the undercover FDLE agent and the agent’s son. The defendant made hotel reservations in Pompano Beach and arrived from Canada on Sunday, November 9, 2014. In his luggage, law enforcement officers found the lubricant, condoms, and gifts.
After admitting to traveling from Canada to Florida to engage in sexual activity with a boy he believed to be 14 years old, Roberge was arrested and transported to the Broward County Jail. ICE-HSI seized one iPad that contained images depicting child pornography.
Mr. Ferrer commended the investigative efforts of ICE-HSI and FDLE. The case is being prosecuted by Assistant U.S. Attorney Francis Viamontes.
A criminal complaint is merely an accusation and a defendant is presumed innocent unless proven guilty.
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.
California Resident Pleaded Guilty to Wiretapping Law Enforcement Communications and OthersRead the Press Release
SAN JOSE – Kristin Nyunt pleaded guilty in federal court in San Jose today, to wiretapping charges, announced United States Attorney Melinda Haag and FBI Special Agent in Charge David J. Johnson.
In pleading guilty, Nyunt admitted that from 2010 to 2012 she possessed spy software, including Mobistealth, StealthGenie, and mSpy, knowing that they were primarily useful for the purpose of the surreptitious interception of wire, oral, and electronic communications. She purchased and downloaded this software on-line, via the Internet, and eventually installed the software on cell phones and computers involved in communications that she intended to intercept.This spyware had functions that allowed her to record phone calls, texts, voicemail, e-mail, appointments, digital address and contact information, photographs and videos, and oral conversations involving the phones and computers that she corrupted. The communications she intercepted included private e-mail communication and texts between individuals who were unaware that she was monitoring them. In one instance, she was paid money by the husband of a victim to spy on her and intercept her private communications using this software.
Nyunt further admitted that she repeatedly used a feature of the spyware that allowed her to activate the microphone of a cell phone, without the consent or knowledge of its user, for the purpose of eavesdropping on and recording oral conversations that were taking place in the vicinity of the phone, all without the consent or knowledge of the participants in those conversations. Among the communications she thus intercepted included sensitive law enforcement communication, which she accomplished by surreptitiously installing spyware on the cellular telephone of a police officer without his consent or knowledge.
Previously, on Sept. 29, 2014, the Department of Justice announced the indictment of Hammad Akbar, 31, of Lahore, Pakistan, the chief executive officer of InvoCode Pvt Ltd, the company that advertises and sells StealthGenie online. Akbar and his co-conspirators allegedly created the spyware, which could intercept communications to and from mobile phones, including Apple’s iPhone, Google’s Android, and Blackberry Limited’s Blackberry.
The investigation of Nyunt by the FBI was conducted jointly with investigators from the Monterey County District Attorney’s Office. As a result of this joint investigation, Nyunt pleaded guilty in state court earlier this year to burglary, forgery, identity theft, and unlawful computer access charges.
Nyunt, age 40, most recently of Monterey Calif., was charged by information on Oct. 17, 2014, with one count of interception of communications, in violation of 18 U.S.C. §§ 2511(1)(a) and 4(a), and one count of possession of interception devices, in violation of 18 U.S.C. § 2512(1)(b). Under the plea agreement, Nyunt pleaded guilty to both counts.Nyunt’s sentencing hearing is scheduled for February 23, 2014, at 1:30 pm before the Honorable Edward J. Davila, United States District Court Judge, in San Jose. The maximum statutory penalty for each count of conviction is five years imprisonment and a fine of $250,000, plus restitution. However, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Philip A. Guentert is the Assistant U.S. Attorney who is prosecuting the case with the assistance of Elise Etter. The prosecution is the result of an investigation by the FBI jointly with investigators from the Monterey County District Attorney’s Office.
(Nyunt information October 17, 2014 )
California Man Pleads Guilty in Cocaine Distribution ConspiracyRead the Press Release
PITTSBURGH - A resident of Downey, California, pleaded guilty in federal court to a charge of conspiracy to possess with intent to distribute and distribute five kilograms or more of cocaine, United States Attorney David J. Hickton announced today.
Michael Dwayne Blackwell, a/k/a Kevin Campbell, 46, pleaded guilty to one count before Chief United States District Judge Joy Flowers Conti.
In connection with the guilty plea, the court was advised that from in or around March 2009, and continuing thereafter to on or about Sept. 13, 2009, Blackwell conspired with others to possess with intent to distribute and distribution of more than 50, but less than 150 kilograms of cocaine and that he was also responsible for the distribution of more than one, but less than three kilograms of heroin. The Court was also made aware that in September 2009, FBI agents seized approximately 54 kilograms of cocaine and approximately one kilogram of heroin that were attributable to Blackwell. In addition, law enforcement officers seized over 90 kilograms of cocaine in June of 2009, at least some of which was intended for delivery to Blackwell. On Sept. 13, 2009, FBI agents seized a large amount of marijuana, two money counters, plastic packaging materials, a digital scale, $10,178 in cash, four firearms, two firearm silencers, a handgun conversion kit, and multiple boxes of ammunition from Blackwell’s residence in California.
Judge Conti scheduled sentencing for Feb. 26, 2015 at 3:30 pm. The law provides for a maximum total sentence of life in prison, a fine of $4,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Amy L. Johnston and Troy Rivetti are prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, the Allegheny County Sheriff’s Office, the McKeesport Police Department and the Pennsylvania State Police conducted the investigation that led to the prosecution of Blackwell.
Bullhead Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that a Bullhead, South Dakota, man convicted of Abusive Sexual Contact was sentenced on November 3, 2014, by U.S. District Judge Charles B. Kornmann.
Cody Long Chase, age 37, was sentenced to 36 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Long Chase was indicted by a federal grand jury on May 13, 2014. He pled guilty on July 28, 2014.
The conviction stems from an incident on April 26, 2014, when Long Chase had sexual contact with a female victim when, at the time of the sexual contact, the victim was incapable of appraising the nature of the conduct and was physically incapable of declining participation in or communicating her unwillingness.
This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Long Chase was immediately turned over to the custody of the U.S. Marshals Service.
Bullhead Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that a Bullhead, South Dakota, man convicted of Abusive Sexual Contact was sentenced on November 3, 2014, by U.S. District Judge Charles B. Kornmann.
Cody Long Chase, age 37, was sentenced to 36 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Long Chase was indicted by a federal grand jury on May 13, 2014. He pled guilty on July 28, 2014.
The conviction stems from an incident on April 26, 2014, when Long Chase had sexual contact with a female victim who, at the time of the sexual contact, was incapable of appraising the nature of the conduct and was physically incapable of declining participation in or communicating her unwillingness.
This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Long Chase was immediately turned over to the custody of the U.S. Marshals Service.
Brunswick Man Sentenced to Nine Years in Prison for Credit Union FraudRead the Press Release
A Brunswick man was sentenced to more than nine years in prison for illegally receiving more than $3 million from the St. Paul Croatian Federal Credit Union in exchange for cash payments to the credit union’s chief operating officer, law enforcement officials said.
Svetislav Vujovic, 42, was convicted by a jury earlier this year on all 14 counts – 10 counts of making false statements to a federal credit union, two counts of money laundering and one count each of financial institution fraud and giving gifts for procuring loans.
U.S. District Judge Christopher Boyko sentenced Vujovic to 109 months in prison and ordered him to pay restitution of $2.95 million.
St. Paul Croatian Federal Credit Union was closed and then liquidated in 2010 after sustaining losses of approximately $170 million, making it one of the largest credit union failures in American history. Nearly 20 people have been convicted of crimes related to fraudulent lending that resulted in the credit union’s failure.
“The failure of the credit union was a loss that cannot be measured in dollars alone,” said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio. “This defendant went back and took from the credit union time after time.”
Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland Field Office, said: “The St. Paul Federal Credit Union collapse resulted in one of the largest credit union failures ever investigated in U.S. history. This complex, large-scale investigation transcended international borders and will continue until all those involved are brought to justice.”
“Honest and law-abiding citizens are fed up with the likes of those who use deceit and fraud to line their pockets with other people’s money,” said Special Agent in Charge Kathy Enstrom, IRS Criminal Investigation, Cincinnati Field Office. “Let this sentence stand as a warning to those who victimize the public that whether you are the main perpetrator of a fraud, or assist in its facilitation, the law will hold all guilty parties accountable.”
Vujovic, aided and abetted by Anthony Raguz, the former Chief Operating Officer of Eastlake-based St. Paul Croatian Federal Credit Union, received numerous fraudulently obtained loans totaling approximately $3 million from the credit union between 2004 and 2008, according to court documents and trial testimony.
Vujovic obtained these loans by making false representations and promises, and he received many of those loans after having already defaulted on previous loans issued to him by the credit union. These loans were obtained in the names Cleveland Comfort Corp; SND, Inc.; Balkan Contracting; GBRS Properties, LLC; and Balkan Enterprise, Inc. The credit union lost approximately $3 million as a result of Vujovic’s fraudulent conduct.
Vujovic corruptly gave Raguz cash payments totaling approximately $20,000 to induce and reward Raguz for approving and facilitating the approval of the fraudulent loans to Vujovic, , according to court documents and trial testimony.
Raguz is currently serving a 14-year federal prison sentence.
This case is being prosecuted by Assistant U.S. Attorney Bridget M. Brennan and United States Attorney Steven M. Dettelbach following an investigation by the Cleveland Offices of the Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigation Division.
Bridgeport Man Pleads Guilty to Federal Murder ChargeRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that TRUMAINE HEARST, also known as “Man,” 21, of Bridgeport, pleaded guilty today in Hartford federal court to his involvement in the October 2012 murder of Dawayne Cobb in Bridgeport.
According to court documents and statements made in court, on October 10, 2012, at approximately 6:20 p.m., the body of Dawayne Cobb was discovered in the driver seat of an idling vehicle in the vicinity of 220 Sunshine Circle in Bridgeport. Cobb had gunshot wounds in his shoulder and abdomen.
In pleading guilty, HEARST admitted that on that date, he and Johnnie Jefferson, also known as “Jeezy,” planned to rob Cobb of marijuana. HEARST and Jefferson then drove to Sunshine Circle to meet Cobb, murdered him and stole from him a jar containing approximately two ounces of marijuana. HEARST and Jefferson transported the stolen marijuana to a Bridgeport residence and subsequently distributed it amongst themselves and others.
HEARST pleaded guilty to one count of causing the death of Dawayne Cobb through the use of a firearm, a charge that carries a maximum term of imprisonment of life. He is scheduled to be sentenced by U.S. District Judge Michael P. Shea on February 4, 2015.
Jefferson, 24, of Bridgeport, pleaded guilty to the same charge on November 3, 2014, and awaits sentencing.
HEARST and Jefferson have been detained since July 16, 2013.
This matter is being investigated by Bridgeport Police Department and the FBI’s Bridgeport Safe Streets Task Force. The case is being prosecuted by Assistant U.S. Attorneys Tracy Dayton and Rahul Kale.
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[email protected]Belleville Woman Admits to Defrauding TaxpayersRead the Press Release
Follow @SDILNewsStephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced today that on November 10, 2014, Connie D. Evans, 50, of Belleville, Illinois, pled guilty to an indictment charging that she engaged in a scheme to commit health care fraud. Sentencing has been set for February 5, 2015, in United States District Court in East St. Louis, Illinois. Evans will face up to 10 years in prison, a fine of up to $250,000, and up to 3 years of supervised release.
During her plea hearing, Evans admitted that she had submitted false and fraudulent bills in relation to her alleged performance of personal assistant services in the Home Services Program, a Medicaid Waiver Program designed to allow individuals to stay in their homes instead of entering a nursing home. Evans admitted to falsely billing the program between November 15, 2012 and May 15, 2013. The indictment charges that Evans submitted claims for 140 hours of personal assistant services during times when the customer was in a medical treatment facility receiving dialysis treatments.
This prosecution is part of the third wave of the “Operation Home Alone” initiative announced on June 5, 2014, by United States Attorney Stephen R. Wigginton. The investigation was conducted by the U.S. Department of Health and Human Services, Office of Inspector General and the Illinois State Police, Medicaid Fraud Control Bureau. The case is being prosecuted by Assistant United States Attorney Ranley Killian, Assistant United States Attorney Scott Verseman, and Special Assistant United States Attorney Michael Hallock.
Bakersfield Marijuana Store Employee SentencedRead the Press Release
FRESNO, Calif. — United States District Judge Lawrence J. O’Neill sentenced Gustavo Angel Salinas, 26, of Bakersfield, today to 21 months in prison for conspiring to violate federal narcotics laws, United States Attorney Benjamin B. Wagner announced today.
Salinas was sentenced following his guilty plea last August. According to court documents and proceedings, Salinas worked as a “budtender” at ANP Collective in East Bakersfield. Co-defendant Raymond Arthur Gentile, 53, is the owner of the marijuana storefront. The store came to the attention of Bakersfield police officers after complaints and a report of false imprisonment and assault of a customer who had been accused of stealing a gram of marijuana. In responding to the report, the officers found, among other things, a Glock firearm and evidence of an indoor marijuana cultivation operation. DEA agents responded with a search warrant and during the search found an indoor marijuana cultivation operation and seized 170 marijuana plants, 25 pounds of processed marijuana, a 12 gauge shotgun, and $68,173 in cash. The cash has been forfeited as proceeds of drug trafficking.
The case against Gentile is still pending. He is next scheduled to appear in federal court on March 9, 2015. The charges are only allegations; he is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is the product of an investigation by the U.S. Drug Enforcement Administration and the Bakersfield Police Department. Assistant United States Attorney Karen A. Escobar is prosecuting this case.
Attorney General Holder Statement on FBI's 2013 Crime StatisticsRead the Press Release
Attorney General Eric Holder released the following statement Monday on the FBI’s release of the 2013 Uniform Crime Report:
"This reduction in the violent crime rate continues a historic trend, and comes thanks to the tireless work of police and prosecutors throughout the nation," said Attorney General Eric Holder. "This is a remarkable achievement that builds upon the significant gains we've seen -- in reducing rates of both crime and incarceration -- since President Obama took office. At the same time, we recognize we have much more work to do in order to ensure that every community, in every city in America, can share in the safer and brighter future we are building.”
Armenian Power Leader Sentenced to 32 Years in Federal Prison for Racketeering, Extortion and Sophisticated Fraud SchemesRead the Press Release
LOS ANGELES – A leader of the Armenian Power gang, who was convicted at trial of 57 counts for his role in a racketeering conspiracy that included extortion, bank fraud, and a sophisticated credit and debit card skimming scheme, was sentenced this afternoon to 32 years in prison.
Mher Darbinyan, 39, of Valencia, was sentenced by U.S. District Judge R. Gary Klausner, who described the defendant’s string of crimes as “heinous.”
Darbinyan – who was also known as “Hollywood Mike” and “Capone” – was a leader of Armenian Power, a gang responsible for extortion, firearms offenses, fraud and identity theft throughout the Los Angeles area. Among other offenses, Darbinyan operated a sophisticated bank fraud scheme that used middlemen and runners to deposit and cash hundreds of thousands of dollars in fraudulent checks drawn on the accounts of elderly bank customers and businesses.
Darbinyan also organized and operated a sophisticated debit card skimming operation targeting customers of 99 Cents Only Stores across Southern California. This expansive scheme involved the installation and use of skimmers to steal thousands of customers’ debit card numbers and PIN codes.
Evidence presented during a trial earlier this year also showed that Darbinyan conspired to extort money from a member of the Armenian community by threatening violence against the victim and his family members. Additionally, on two separate occasions, Darbinyan possessed firearms and ammunition after having previously been convicted of felony grand theft for his role in a 2004 debit card fraud scheme.
“No community is safe from defendant -- not the members of his own Armenian-American community and not the members of the multiple communities throughout Southern California that he has victimized through his widespread fraud schemes,” prosecutors wrote in a sentencing memorandum filed with the court that recommended the 32-year sentence.
Darbinyan was among 90 individuals charged in 2011 in two indictments targeting Armenian Power. To date, 87 individuals have been convicted (two defendants are fugitives, and prosecutors dismissed charges against one defendant). According to evidence presented during the Armenian Power trials, the street gang – which is believed to have more than 250 documented members and hundreds of associates – is responsible for violent criminal acts, including murders, attempted murders, kidnappings, robberies, extortions and witness intimidation.
The Armenian Power cases were investigated by the Eurasian Organized Crime Task Force, which is comprised of the FBI, the Glendale Police Department, the Los Angeles Police Department, the Burbank Police Department, the Los Angeles Sheriff’s Department, Internal Revenue Service – Criminal Investigation, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, and the U.S. Secret Service. The Huntington Beach Police Department and Beverly Hills Police Department provided assistance.
The cases are being prosecuted by the United States Attorney’s Office and the Organized Crime and Gang Section in the Criminal Division at the Department of Justice.
Release No. 14-148
10th Street Gang Member Sentenced for RacketeeringRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Efrain Barreto, 35, of Buffalo, NY, who was convicted of Racketeering Influenced Corrupt Organization (RICO) Conspiracy, was sentenced to 97 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Joseph M. Tripi, who handled the case, stated that between 2000 and 2010, Barreto was a member of the 10th Street Gang, a criminal enterprise engaged in racketeering activity. As a part of his involvement in the 10th Street Gang, the defendant, along with other members and associates of the gang, sold cocaine and other controlled substances on the West Side of Buffalo. Barreto supplied cocaine to younger members of the gang, and provided firearms to fellow 10th Street Gang members who used the firearms to commit shootings and to defend drug turf within the 10th Street Gang's territory. The defendant also conspired with other 10th Street Gang members to distribute over 15 kilograms of cocaine as a part of the affairs of the 10th Street Gang.
Barreto is among 44 10th Street Gang members and associates convicted in this case.
The sentencing is the culmination of an investigation on the part of Investigators of the New York State Police, under the direction of Major Michael Cerretto, the Buffalo Police Department, under the direction of Commission Daniel Derenda, and Special Agents of the Federal Bureau of Investigation.