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Tuesday 4 November 2014
Rochester Man Sentenced on Fraud ChargesRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Chauncee McFarland, 36, of Rochester, NY, who was convicted of conspiring to defraud the United States by filing false tax returns and to defraud financing companies, was sentenced to 30 months in prison by U.S. District Judge David G. Larimer. The defendant was also ordered to pay restitution totaling $408,651.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that from 2010 to 2012, McFarland owned McFarland Tax Company, a tax return preparation business. The defendant conspired with an employee, Kenyatta Hubbard, to prepare false income tax returns for clients. McFarland and Hubbard reported fictitious employment in order to increase the Earned Income Tax Credit refunds claimed on behalf of the clients.
Thereafter, from September 2012 to September 2013, acting on his own as a licensed insurance broker, McFarland devised a scheme to defraud premium finance companies. Premium finance companies engage in the business of lending money to finance insurance policy premiums for clients. McFarland prepared fraudulent premium finance agreements that falsely represented that he was seeking to obtain financing for purported clients. Based upon the fraudulent documents, the companies provided the requested financing. The defendant then diverted the financing to his personal use, and did not use it to purchase insurance policies for any clients. In total, McFarland defrauded the IRS and financing companies of $408,651.
Kenyatta Hubbard was convicted for her role in the conspiracy to prepare false income tax returns for clients and sentenced to five years probation.
Sentencing is the culmination of an investigation by Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Acting Special Agent in Charge, New York Field Office, Special Agents of the U.S. Postal Inspection Service, Boston Division, under the direction of Inspector in Charge, Shelly A. Binkowski, and Investigators of the New York State Department of Financial Services, under the direction of Superintendent Benjamin Lawsky.Readout of Attorney General Holder's Visit to the Civil Rights Division's Voting SectionRead the Press Release
The following statement is attributable to Justice Department spokesman Brian Fallon regarding Attorney General Eric Holder’s visit to the Civil Rights Division’s Voting Section this election day:
“This afternoon, Attorney General Holder visited the offices of the Civil Rights Division’s Voting Section, which are located in downtown Washington. The Attorney General thanked the lawyers and staff for monitoring calls and fielding election-related complaints of potential violations of federal voting laws. The Attorney General told them their work is among the most critical responsibilities that the Department performs.
“The Civil Rights Division enforces a range of voting-related statutes, including the Voting Rights Act, the National Voter Registration Act, the Uniformed and Overseas Citizens Absentee Voting Act and the Help America Vote Act. Lawyers in the division’s Voting Section have been staffing a hotline since early this morning, fielding calls from across the country.
“In addition to monitoring calls to the Voting Section, the department has dispatched federal poll monitors to 28 jurisdictions across 18 states to gather information on numerous aspects of local election procedures. The Justice Department will continue to work in a fair and nonpartisan manner to ensure that every voter can cast his or her ballot free of intimidation, discrimination or obstruction.”
Puerto Rico Man Sentenced to 14 Months in Prison for Attempting to Bring Guns into St. Thomas on AircraftRead the Press Release
St. Thomas, USVI - District Court Judge Curtis V. Gomez today sentenced Emmanuel Benel Cuadrado, 24, to 14 months in prison for the attempted illegal transportation of guns from Puerto Rico to the Virgin Islands, announced United States Attorney Ronald W. Sharpe and Immigration and Customs Enforcement, Homeland Security Investigations (HSI) Special Agent in Charge Angel Melendez.
On June 10, 2014, Cuadrado, a resident of Puerto Rico, pleaded guilty to count two of a twocount information charging him with the attempted transportation of firearms on an aircraft. Court records show that on April 13, 2014, Cuadrado traveled from Puerto Rico to St. Thomas on a Jet Blue flight and checked a box containing three firearms. United States Customs and Border Protection officers and Homeland Security Investigations agents intercepted the firearms prior to the flight’s departure from Puerto Rico to St. Thomas. The three firearms were removed from the box and replaced with two fake firearms. Upon the flight’s arrival in St. Thomas, Cuadrado retrieved the box from the airport’s baggage claim area and was arrested.
In addition to 14 months in prison, Cuadrado received three (3) years supervised release, and was ordered to pay $100 special assessment. He was immediately remanded to the custody of the U.S. Marshals Service.
This case was investigated by HSI, and prosecuted by Assistant U.S. Attorney Everard E. Potter.
Owner of Regional Healthcare, Llc Charged with $2.5 Million Tax FraudRead the Press Release
BATON ROUGE, LA - United States Attorney Walt Green announced today that CHARLES A. LANPHIER, age 68, of Lafayette, Louisiana, has been charged in a Bill of Information with two counts of failing to truthfully account for and pay over taxes, in violation of Title 26, United States Code, Section 7202. If convicted, LANPHIER faces significant incarceration, fines, and restitution orders.
The Bill of Information alleges that, during the relevant time period, LANPHIER owned and operated Regional Healthcare, LLC, a company headquartered in Baton Rouge, with operations throughout Louisiana and Florida. According to the Bill of Information, Regional consisted of four divisions, which provided patient care assistance, home health services, extended home health services (also known as pediatric care), and hospice services. During the tax years 2008 through 2011, LANPHIER allegedly withheld tax payments from his employees’ paychecks, but failed to pay over to the Internal Revenue Service more than $2.5 million of such withheld money.
This matter is being handled by the United States Attorney’s Office for the Middle District of Louisiana and the Baton Rouge office of the Internal Revenue Service, Criminal Investigations. It is being prosecuted by Assistant United States Attorney Alan A. Stevens, who serves as a Deputy Chief in the Criminal Division.
NOTE: A Bill of Information is an accusation by the U.S. Attorney’s Office. The defendant is presumed innocent until and unless adjudicated guilty at trial or through a guilty plea.
Orlando Man Convicted on Multiple Fraud and Theft ChargesRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces today that a federal jury found Joseph Witchard (55, Orlando) guilty of nine counts of mail fraud, six counts of filing false claims against the United States, six counts of theft of government property, and nine counts of aggravated identity theft. He faces a maximum penalty of 20 years in prison on each mail fraud count, 5 years’ imprisonment on each false claims count, 10 years in prison on each of the theft of government property counts, and an additional 2 years’ imprisonment for the aggravated identity theft charges. A sentencing hearing is set for January 26, 2015.
According to evidence presented at trial, Witchard orchestrated two mail fraud schemes, one to steal retirement funds and life insurance proceeds, and another to file fraudulent tax returns. During both schemes, he used identities that had been stolen from a variety of sources. The personal identifying information of more than 60 victims was found during a search of Witchard’s residence in February 2010. Witchard, and others, negotiated the retirement, life insurance, and tax refund checks at local businesses, including car dealerships.
This case was investigated by the United States Postal Inspection Service, IRS - Criminal Investigation, and the United States Secret Service. It is being prosecuted by Assistant United States Attorney E. Jackson Boggs, Jr.
Northampton County Woman Charged with Stealing Dead Mother's BenefitsRead the Press Release
Frances Riley, 78, of Bath, Pennsylvania, was charged by Information with one count of theft of government funds, announced United States Attorney Zane David Memeger. According to the Information, the defendant received retirement benefits intended for her mother, after her mother’s death in February 1994 until the defendant’s fraud was discovered in 2011. The defendant’s alleged actions resulted in a loss to the government of approximately $152,600.90.
If convicted, the defendant faces a maximum possible sentence of 10 years imprisonment, a 3-year period of supervised release, restitution to the government of $152,600.90, a $250,000 fine, and a $100 special assessment.
The case was investigated by the Social Security Administration, Office of Inspector General, and is being prosecuted by Special Assistant United States Attorney Amanda R. Reinitz.
An Information is an accusation. A defendant is presumed innocent unless and until proven guilty.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Northampton County Woman Charged with Stealing Dead Mother's BenefitsRead the Press Release
Frances Riley, 78, of Bath, Pennsylvania, was charged by Information with one count of theft of government funds, announced United States Attorney Zane David Memeger. According to the Information, the defendant received retirement benefits intended for her mother, after her mother’s death in February 1994 until the defendant’s fraud was discovered in 2011. The defendant’s alleged actions resulted in a loss to the government of approximately $152,600.90.
If convicted, the defendant faces a maximum possible sentence of 10 years imprisonment, a 3-year period of supervised release, restitution to the government of $152,600.90, a $250,000 fine, and a $100 special assessment.
The case was investigated by the Social Security Administration, Office of Inspector General, and is being prosecuted by Special Assistant United States Attorney Amanda R. Reinitz.
An Information is an accusation. A defendant is presumed innocent unless and until proven guilty.
Click here to read the information.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Non-Indian Man Sentenced to Ten Years for Conviction on Assault and Firearms Charges Arising Out of Shooting at Isleta Pueblo ResidenceRead the Press Release
ALBUQUERQUE – Federico Lujan, 27, of Serafina, N.M., was sentenced this morning to ten years and two days in federal prison followed by two years of supervised release for his conviction on assault and firearms charges. The sentence was announced by U.S. Attorney Damon P. Martinez, Acting Special Agent in Charge William McClure, of District IV of BIA’s Office of Justice Services, and Chief Kevin Mariano of the Isleta Pueblo Tribal Police Department.
Lujan, a non-Indian man, was arrested on July 5, 2012, on a criminal complaint alleging aggravated assault charges arising out of the discharging of a rifle while threatening and menacing two Isleta Pueblo women and ten children in an Isleta Pueblo residence. Lujan subsequently was indicted and charged with two counts of aggravated assault and one count of discharging a firearm in relation to a crime of violence.
On Feb. 21, 2014, a federal jury returned a verdict finding Lujan guilty on all three counts of the indictment after a four-day trial. The trial evidence established that on the morning of July 5, 2012, Lujan drove to the victims’ residence armed with a .22 caliber rifle loaded with a high-capacity magazine carrying almost 50 rounds of ammunition. After Lujan got out of his vehicle with the loaded rifle, one of the two adult victims peered out the window to see a stranger with a rifle standing in her yard. The adult victim heard shots fired as she ran to get the children who were in the residence to safety.
While one adult victim stayed in the home to protect the ten children who were in the home, the other adult victim went outside to try to defuse the situation. While speaking to Lujan, the victim learned that Lujan was shooting at the residence because someone had taken his baseball cap from him the night before and he believed the cap was inside the residence. When the victim denied knowing about the baseball cap, Lujan pointed the rifle at her, threatened to kill her, and fired his rifle again but did not hit the victim. As Lujan drove away, the victim got the license plate number for Lujan’s vehicle. Lujan was arrested shortly thereafter by tribal police officers who were responding to a call from the victims. Following the arrest, the officers found a rifle in Lujan’s vehicle.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and the Isleta Pueblo Tribal Police Department, with assistance from the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the FBI’s crime lab in Quantico, Va., and was prosecuted by Assistant U.S. Attorney Holland S. Kastrin and former Assistant U.S. Attorney Mark T. Baker.
New York Resident Detained in Rhode Island on Federal Firearm ChargeRead the Press Release
PROVIDENCE, R.I. – Mathew A. Soscia, 23, of Larchmont, New York, has been ordered detained in federal custody on a criminal complaint charging him with being a felon in possession of a firearm, announced United States Attorney Peter F. Neronha and Colonel Steven G. O’DonnellSuperintendent of the Rhode Island State Police.
Soscia was arrested late Saturday when Rhode Island State troopers affected a traffic stop after allegedly witnessing Soscia’s vehicle traveling at a high rate of speed and crossing several lanes of traffic while heading south along Route 95 in Exeter, and then discovered a loaded firearm in the trunk of his vehicle.
According to an affidavit in support of a criminal complaint filed with the court, it is alleged that late Saturday evening Rhode Island State Police received a report of a vehicle traveling south on Route 95 in the vicinity of Route 4 at speeds in excess of 100 miles per hour. Shortly after the information was relayed to troopers out on the highway, two troopers who had affected an unrelated traffic stop observed a vehicle pass by them which matched the description of the vehicle reported to be traveling in excess of 100 miles per hour. The troopers activated their dash mounted radar which recorded the vehicle’s speed at 86 miles per hour.
According to the affidavit, the troopers pursued the vehicle as it continued to travel at a high rate of speed while crossing across several lanes. The troopers affected a traffic stop along Route 95 in Exeter. A criminal history check of the driver, Mathew Soscia, revealed a lengthy criminal history, including prior convictions on robbery and weapons charges. With Soscia’s permission, the troopers searched the vehicle and discovered a loaded .40 caliber Glock handgun with a mounted laser sight inside a duffel bag in the trunk of the vehicle.
According to the affidavit, Soscia admitted to the troopers that the firearm belonged to him and that he did not have a permit for the firearm.
Soscia was ordered detained in federal custody following an initial appearance on Monday before U.S. District Court Magistrate Judge Patricia A. Sullivan on a charge of being a felon in possession of a firearm.
A criminal complaint is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
The case is being prosecuted by Assistant U.S. Attorney Adi Goldstein.An agent from the Bureau of Alcohol, Tobacco, Firearms and Explosives assisted Rhode Island State Police in the investigation of this matter.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]New Jersey Pair Charged with Production of Child PornographyRead the Press Release
PHILADELPHIA - Burton Gersh, 68, and Les Sidweber, 73, both of Cherry Hill, NJ, were charged today by indictment with two counts each of production of child pornography, announced United States Attorney Zane David Memeger.
According to court documents, Gersh and Sidweber transported two minors, ages 16 and 17, from the Philadelphia area, on multiple occasions, to their homes in Cherry Hill, where Sidweber photographed the juveniles engaging in sexually explicit conduct at Gersh's behest.
If convicted the defendants face a mandatory minimum term of 15 years in prison, with a maximum possible sentence of 60 years in prison, a $500,000 fine, a period of supervised release of five years to life, and a $200 special assessment.
The case was investigated by the Federal Bureau of Investigation with assistance from the Cherry Hill, New Jersey Police Department and is being prosecuted by Assistant United States Attorney Michelle Morgan.
An Indictment or an Information is an accusation. A defendant is presumed innocent unless and until proven guilty.
Click here to read the indictment.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525- Militia Men Indicted
Michigan Man Sentenced for Embezzling More Than $2.3 Million from Vineyards Development Corp. in NaplesRead the Press Release
Fort Myers, Florida – United States District Judge Sheri Polster Chappell yesterday sentenced Alfred W. Lenz (68, Montague, Michigan) to four years and nine months in federal prison for wire fraud. He also was ordered to forfeit his interest in a house located in Montague, and the contents of a retirement account that were traceable to proceeds of the offense. In addition, the Court ordered Lenz to pay $2,380,465.11 in restitution to the victim and imposed a forfeiture money judgment in that amount. The government intends to seek permission to turn over any recovered funds to the Clerk of the Court for distribution to the victim. Lenz pleaded guilty on June 11, 2014.
According to court documents, Lenz was the Controller for the Vineyards Development Corporation (VDC) in Naples, Florida from March 31, 2005, until April 27, 2012. Between January 11, 2007, and December 9, 2010, he embezzled a total of $2,380,465.11 from the VDC. He then used the money to buy real estate and for other personal expenses.
This case was investigated by the United States Secret Service and the Collier County Sheriff’s Office’s Economic Crimes Unit, with assistance from the Office of the State Attorney for the Twentieth Judicial Circuit. It was prosecuted by Assistant United States Attorney David G. Lazarus.
Mexican National Found Guilty of Marijuana Grow OperationRead the Press Release
Boise - Juan Pablo Villasenor-Villa, 28, a Mexican national, was convicted today following a one-week jury trial in federal court in Boise on five charges related to his operation of a marijuana grow operation in two locations in the Boise National Forest and his possession with intent to distribute the marijuana harvested from those operations, U.S. Attorney Wendy J. Olson announced. Federal and state law enforcement officers eradicated nearly7,000 plants when the marijuana grow operations were found on Little Beaver Creek and Rabbit Creek in September 2013.
The jury convicted Villasenor-Villa on two counts of manufacturing more than 1,000 marijuana plants, one count of possession with intent to distribute more than 100 kilograms of a controlled substance, one count of operating a continuing criminal enterprise and one count of causing more than $1,000 in damage to public lands. The jury heard evidence during the case that Villasenor-Villa purchased irrigation equipment with cash, drove other defendants into and out of the marijuana grow operations, drove packaged marijuana from the Little Beaver Creek site to a residence in Canyon County and gave direction to his wife and co-defendant Mariah Villasenor-Rodriguez to remove cash from their residence in Canyon County. The jury found Villasenor-Villa not guilty on two counts of aiding and abetting the possession of firearms recovered in the marijuana grow sites.
“The jury’s verdict sends a strong message that those who use and damage our public lands for unlawful purposes and those who traffic in illegal drugs will face swift and sure consequences in Idaho,” said Olson. “The jury found that this defendant operated a criminal enterprise in the Boise National Forest and that his enterprise damaged this precious public resource.”
Each charge of manufacturing more than 1,000 marijuana plants with intent to distribute carries a penalty of not less than ten years up to life in prison, a maximum fine of $10 million, and at least five years of supervised release. The charge of possession with intent to distribute more than 100 kilograms of marijuana carries a penalty of not less than five years and up to 40 years in prison, a maximum fine of $5 million and at least three years of supervised release. The charge of operating a continuing criminal enterprise carries a penalty of not less than 20 years in prison, a maximum fine of $2 million and up to five years of supervised released. The charge of causing more than $1,000 damage to public lands carries a penalty of up to ten years in prison, a maximum fine of $250,000 and up to three years supervised release.
Villasenor-Villa’s sentencing is scheduled for February 4, 2015, in front of U.S. District Chief Judge B. Lynn Winmill, who presided over the trial.
Five co-defendants previously pleaded guilty, and two have been sentenced. The defendant’s wife, Mariah Villasenor-Rodriguez, 22, of Caldwell, pleaded guilty in federal court to possession with intent to distribute and was sentenced on August 8, 2014, to 21 months in prison and three years of supervised release. Gilberto Duran-Contreras, 51, a Mexican national, pleaded guilty in federal court to unlawfully manufacturing more than 1,000 marijuana plants, and damage to government land and was sentenced on July 8, 2014, to 30 months in prison.
Marcos Solano-Farias, 32, and Jose Misael Ayala-Talavera, 20, both Mexican nationals, pleaded guilty to charges of unlawful manufacture with intent to distribute more than 1,000 marijuana plants, illegal possession of a firearm, and damage to government property. Carlos Cerda-Carpio, 40, pleaded guilty in federal court to unlawfully manufacturing more than 1,000 marijuana plants with intent to distribute and illegal possession of a firearm. All three are set for sentencing on December 3, 2014. Duran-Contreras, Solano-Farias, Ayala-Talavera, and Cerda-Carpio, all were arrested in or near the marijuana grow operations on September 11, 2013. Investigators also found and seized two semi-automatic handguns and an AK-47 type rifle at the Rabbit Creek camp.
Olson praised the cooperative law enforcement investigation in this case. “Through the combined work of the OCDETF Task Force agencies and particularly here the Drug Enforcement Administration, Bureau of Land Management, U.S. Forest Service, Ada and Boise County Sheriff’s Offices, and Nampa Police Department, we together removed this danger to our community and to our public land. I also commend the private citizens who observed the unusual cash purchases of bulk irrigation equipment and contacted law enforcement. Marijuana grow operations such as those identified and removed in this case pose a significant danger to all in Idaho who seek to use our national forests for hiking, hunting and recreation purposes.”
The case was the result of a joint investigation of the Organized Crime and Drug Enforcement Task Force (OCDETF), led by the Drug Enforcement Administration, in conjunction with, U. S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Canyon County Narcotics Unit, Meridian Police Department, Ada County Sheriff’s Office, Idaho State Police, and the Mini-Cassia Drug Task Force.
The OCDETF program is a federal multi agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
Man Sentenced for Fraudulent Use of U.S. Residency CardRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Julio Montes Ceballo, 46, a resident of the Dominican Republic, pleaded guilty to fraudulent misuse of a U.S. Permanent Resident Card before U.S. District Court Judge, Richard J. Arcara. The defendant was then sentenced to time served and one year supervised release by Judge Arcara.
Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that on May 21, 2014, Ceballo was arrested at the Peace Bridge when he attempted to enter the United States. The defendant was using a U.S. Permanent Resident Card bearing the name of another person. A fingerprint scan revealed that Ceballo was not the person named on the card he presented.
The plea and sentencing are the culmination of an investigation on the part of Enforcement Officers of the United States Customs and Border Protection under the direction of Randy Howe, Director of Field Operations.- Man Charged with Failing to Pay $1.8 Million in Federal Tax Withholdings
Longview, Washington, Landlords Agree to Settle Disability Discrimination LawsuitRead the Press Release
The Justice Department today announced that Longview, Washington, landlords Linda and Bert Barber, and their management agent, Lori Thompson, have entered into a consent decree and have agreed pay $25,000 to resolve claims that they discriminated on the basis of disability by refusing to grant a reasonable accommodation to waive a $1,000 pet deposit for a tenant with mental disabilities who needed a dog as an emotional support animal.
The consent decree resolves a lawsuit filed by the department on July 1, 2013, alleging that the defendants refused to grant a waiver of the pet deposit despite numerous attempts by the tenant to provide documentation of her disability and her need for the emotional support animal. The complaint also alleged that the defendants retaliated against the tenant after she filed a complaint with the U.S. Department of Housing and Urban Development (HUD). After HUD investigated the complaint, it issued a charge of discrimination and referred the matter to the Justice Department. The department’s complaint also alleged that defendants’ policies constituted a pattern or practice of discrimination in violation of the Fair Housing Act because they allowed reasonable accommodations for specially-trained service animals but precluded reasonable accommodations for emotional support animals. Defendants also refused to consider accommodation requests unless tenants had their physician complete forms that threatened penalty of perjury and threatened to require the physician to defend the information provided in court. Trial was set to begin on Nov. 19.
The settlement, which was approved today by Judge Benjamin H. Settle, requires the defendants to pay $20,000 to the HUD complainant and $5,000 to the United States. The settlement also requires that the defendants adopt a reasonable accommodation policy that complies with the Fair Housing Act, receive training on the requirements of the Fair Housing Act and report to the department for a period of eighteen months on their compliance with the settlement.
“The Fair Housing Act ensures that persons with disabilities have an equal opportunity to use and enjoy housing,” said Acting Assistant Attorney General Vanita Gupta. “This includes providing reasonable and necessary accommodations to persons who need assistance animals to help them with their disabilities. The Justice Department will continue its vigorous enforcement of fair housing laws that protect the rights of persons with disabilities.”
“Landlords may not impose barriers that undermine the housing rights of people with disabilities,” said Acting United States Attorney Annette L. Hayes. “This settlement requires training for property managers, and clear statements in all advertisements about fair housing/non-discrimination policies to ensure this conduct will not be repeated.”
“Property owners have a legal obligation to permit reasonable accommodations where doing so allows persons with disabilities to fully enjoy their homes,” said HUD Assistant Secretary Gustavo Velasquez for Fair Housing and Equal Opportunity. “This consent decree reaffirms HUD’s commitment to working with the Department of Justice to take appropriate action anytime the Fair Housing Act is violated.”
Fighting illegal housing discrimination is a top priority of the Department of Justice. The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. Individuals who believe that they may have been victims of housing discrimination can call the Justice Department at 1-800-896-7743, e-mail the Justice Department at [email protected], or contact HUD at 1-800-669-9777 or through its website at http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp.
Longview, Washington, Landlords Agree to Settle Disability Discrimination LawsuitRead the Press Release
WASHINGTON – The Justice Department today announced that Longview, Washington, landlords Linda and Bert Barber, and their management agent, Lori Thompson, have entered into a consent decree and have agreed pay $25,000 to resolve claims that they discriminated on the basis of disability by refusing to grant a reasonable accommodation to waive a $1,000 pet deposit for a tenant with mental disabilities who needed a dog as an emotional support animal.
The consent decree resolves a lawsuit filed by the department on July 1, 2013, alleging that the defendants refused to grant a waiver of the pet deposit despite numerous attempts by the tenant to provide documentation of her disability and her need for the emotional support animal. The complaint also alleged that the defendants retaliated against the tenant after she filed a complaint with the U.S. Department of Housing and Urban Development (HUD). After HUD investigated the complaint, it issued a charge of discrimination and referred the matter to the Justice Department. The department’s complaint also alleged that defendants’ policies constituted a pattern or practice of discrimination in violation of the Fair Housing Act because they allowed reasonable accommodations for specially-trained service animals but precluded reasonable accommodations for emotional support animals. Defendants also refused to consider accommodation requests unless tenants had their physician complete forms that threatened penalty of perjury and threatened to require the physician to defend the information provided in court. Trial was set to begin on Nov. 19.
The settlement, which was approved today by Judge Benjamin H. Settle, requires the defendants to pay $20,000 to the HUD complainant and $5,000 to the United States. The settlement also requires that the defendants adopt a reasonable accommodation policy that complies with the Fair Housing Act, receive training on the requirements of the Fair Housing Act and report to the department for a period of eighteen months on their compliance with the settlement.
“The Fair Housing Act ensures that persons with disabilities have an equal opportunity to use and enjoy housing,” said Acting Assistant Attorney General Vanita Gupta. “This includes providing reasonable and necessary accommodations to persons who need assistance animals to help them with their disabilities. The Justice Department will continue its vigorous enforcement of fair housing laws that protect the rights of persons with disabilities.”
“Landlords may not impose barriers that undermine the housing rights of people with disabilities,” said Acting United States Attorney Annette L. Hayes. “This settlement requires training for property managers, and clear statements in all advertisements about fair housing/non-discrimination policies to ensure this conduct will not be repeated.”
“Property owners have a legal obligation to permit reasonable accommodations where doing so allows persons with disabilities to fully enjoy their homes,” said HUD Assistant Secretary Gustavo Velasquez for Fair Housing and Equal Opportunity. “This consent decree reaffirms HUD’s commitment to working with the Department of Justice to take appropriate action anytime the Fair Housing Act is violated.”
Fighting illegal housing discrimination is a top priority of the Department of Justice. The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. Individuals who believe that they may have been victims of housing discrimination can call the Justice Department at 1-800-896-7743, e-mail the Justice Department at [email protected], or contact HUD at 1-800-669-9777 or through its website at http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp.
Local Man Sentenced to over 21 Years on Drug and Weapons Charges Related to Woman's DeathRead the Press Release
St. Louis, MO – CHRISTOPHER CHANNEL was sentenced to 254 months in prison on charges of distribution of cocaine base and possession of a firearm in furtherance of a drug-trafficking crime, resulting in the killing of Carrie Henderson-Shaw.
According to court documents, in the early morning hours of January 3, 2010, Channel sold cocaine base to Henderson-Shaw at a local gas station located on South Broadway in the City of St. Louis, Missouri. Channel was in possession of a firearm during the drug transaction. After pulling off of the gas station lot, Henderson-Shaw suffered two gunshot wounds, ultimately resulting in her death, while her vehicle approached the entrance ramp to Interstate 55 from 7th Street. Channel acknowledged that Henderson-Shaw was shot dead as a result of the drug transaction.
Channel pled guilty in July 2014, to the above federal charges and appeared today for sentencing before United States District Court Judge Carol E. Jackson.
This case was investigated the Bureau of Alcohol, Tobacco, Firearms and Explosives and the St. Louis Metropolitan Police Department.
Leading Edge Aviation Services Sentenced for Unlawful Handling of Hazardous Waste at Greenville, Mississippi, FacilityRead the Press Release
OXFORD, Miss.—Felicia C. Adams, United States Attorney for the Northern District of Mississippi, together with Maureen O’Mara, Special Agent in Charge of the Environmental Protection Agency’s criminal enforcement program in the Southeast, announces:
Leading Edge Aviation Services, Inc. (Leading Edge), a corporation headquartered in Costa Mesa, California, was sentenced today by United States District Judge Glen Davidson, in Aberdeen, Mississippi, following a guilty plea to one felony count of treating, storing, or disposing of hazardous waste without a permit at Leading Edge’s now shuttered Greenville, Mississippi, facility.
Leading Edge operated a commercial aircraft painting facility at Greenville’s Mid-Delta Regional Airport until mid-2013. The process of stripping paint from aircraft in preparation for repainting generated large volumes of hazardous wastes that Leading Edge was required to properly manage. However, an investigation by the government revealed that from April 23, 2010 to May 16, 2010, Leading Edge failed to properly manage its hazardous wastes when it stored them in an open pit without a permit.Judge Davidson sentenced Leading Edge to pay a criminal fine in the amount of $700,000. Leading Edge will pay a separate $275,000 civil penalty to the Mississippi Department of Environmental Quality and a $25,000 community service payment to the Association of State and Territorial Solid Waste Management Officials, a non-profit corporation. Leading Edge was also ordered to serve a term of probation of 12 months. The sentence further requires Leading Edge to complete cleanup of its Greenville facility, implement a corporate-wide hazardous waste training program, hire an Environmental, Health and Safety Manager, obtain ISO 14001 environmental management certification for its operating facilities, adopt a corporate code of ethics policy, and conduct ethics training for senior management.
The activity to which Leading Edge plead guilty occurred prior to the company’s purchase by a new ownership group in April 2012. The company, under the direction of its new ownership, cooperated fully with the EPA’s investigation of this matter.
Felicia C. Adams, U.S. Attorney for the Northern District of Mississippi, said, “The former owners of Leading Edge flouted the law by failing to properly manage its hazardous waste. Today’s sentence ensures that these illegal practices will not continue. The United States Attorney’s Office for the Northern District of Mississippi is committed to maintaining the health and safety of our citizens.”
“Our nation’s environmental laws help ensure that human health and safety is not endangered by companies looking to cut costs illegally,” said Maureen O’Mara, Special Agent in Charge of EPA’s criminal enforcement program in Mississippi. "The defendant’s actions callously placed the health of nearby residents at great risk. The paints and solvents used in this case were especially hazardous, requiring proper handling and disposal. This case sends a clear message that corporations that fail to properly manage hazardous wastes will be prosecuted and held accountable for their actions.”
This case was investigated by the Environmental Protection Agency, Criminal Investigation Division, and the Mississippi Department of Environmental Quality.
Lake City Photographer Sentenced to Three Years for Possessing Child PornographyRead the Press Release
Jacksonville, Florida – United States District Judge Marcia Morales Howard has sentenced Ronald Charles Waters (66, Lake City) to three years in federal prison for possessing child pornography. The court also ordered him to serve a seven-year term of supervision and to register as a sex offender following his release. Waters was arrested on November 20, 2013, in Lake City, and has been in custody since that time.
According to court documents, agents with the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) determined that several individuals, including the user of a particular e-mail address, had received an e-mail containing images of child pornography. Further investigation revealed that the e-mail account belonged to Waters. On November 20, 2013, HSI agents and other law enforcement officers executed a federal search warrant at his residence, where they seized an external media storage device that contained at least two videos and at least 16 images depicting minors engaged in sexually explicit conduct. Waters admitted that he knowingly possessed these videos and images.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Jacksonville Sheriff=s Office, and the Lake City Police Department. It was prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
Kansas City Kan., Man Gets 10 Years in Federal Firearms CaseRead the Press Release
KANSAS CITY, KAN. – A Kansas City, Kan., man was sentenced Tuesday to 10 years in federal prison for selling stolen firearms, U.S. Attorney Barry Grissom said.
Joshua S. Bailes, 32, Kansas City, Kan., pleaded guilty to two counts of possession of stolen firearms. In his plea, he admitted that on Aug. 16, 2012, he and two co-defendants sold a total of four firearms to undercover agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives. On Aug. 21, 2012, Bailes and one co-defendant sold a total of 17 firearms to undercover ATF agents. It was determined later that the firearms were stolen. Among the firearms Bailes sold were handguns, rifles and shotguns. At the time of the crime, Bailes was prohibited from possessing firearms because he was a prior convicted felon.
Co-defendant Richard Fisher was sentenced to 15 years. Co-defendant Vincent Leuzinger was sentenced to 70 months.
Grissom commended the ATF and Assistant U.S. Attorney Terra Morehead for their work on the case.Irek Ilgiz Hamidullin Indicted for 2009 Attack on U.S. and Afghan Forces in Khost, AfghanistanRead the Press Release
Irek Ilgiz Hamidullin made his first appearance today in the U.S. District Court for the Eastern District of Virginia on federal terrorism offenses arising from his alleged participation in an attack on U.S. troops and Afghan Border Police in the Khost Province of Afghanistan in November 2009.
Hamidullin was indicted by a federal grand jury on twelve counts, including conspiring to provide and providing material support to terrorists; conspiring and attempting to destroy an aircraft of the armed forces of the United States; conspiring and attempting to murder a national of the United States; and other offenses.
The charges carry a potential maximum penalty of life imprisonment.
Hamidullin, a Russian national approximately 55 years of age, was taken into custody in November 2009 and held by the Department of Defense in Afghanistan until being turned over to the FBI on Nov. 3 and brought to the United States to face charges.
The defendant was indicted on Oct. 8, 2014, and the charging document was unsealed today.
Arraignment is set for Friday at 10:00 a.m. in front of U.S. District Judge Henry E. Hudson at the federal courthouse in Richmond, Virginia.
An indictment is merely a formal allegation that a defendant has committed a violation of criminal laws and every defendant is presumed innocent until, and unless, proven guilty.
The case is being investigated by the FBI’s Washington Field Office with substantial assistance from various other government agencies. The case is being prosecuted by the U.S. Attorney’s Office for the Eastern District of Virginia and the Counterterrorism Section of the Justice Department’s National Security Division.
Irek Ilgiz Hamidullin Indicted for 2009 Attack on U.S. and Afghan Forces in Khost, AfghanistanRead the Press Release
WASHINGTON – Irek Ilgiz Hamidullin made his first appearance today in the U.S. District Court for the Eastern District of Virginia on federal terrorism offenses arising from his alleged participation in an attack on U.S. troops and Afghan Border Police in the Khost Province of Afghanistan in November 2009.
Hamidullin was indicted by a federal grand jury on twelve counts, including conspiring to provide and providing material support to terrorists; conspiring and attempting to destroy an aircraft of the armed forces of the United States; conspiring and attempting to murder a national of the United States; and other offenses.
The charges carry a potential maximum penalty of life imprisonment.
Hamidullin, a Russian national approximately 55 years of age, was taken into custody in November 2009 and held by the Department of Defense in Afghanistan until being turned over to the FBI on Nov. 3 and brought to the United States to face charges.
The defendant was indicted on Oct. 8, 2014, and the charging document was unsealed today.
Arraignment is set for Friday at 10:00 a.m. in front of U.S. District Judge Henry E. Hudson at the federal courthouse in Richmond, Virginia.
An indictment is merely a formal allegation that a defendant has committed a violation of criminal laws and every defendant is presumed innocent until, and unless, proven guilty.
The case is being investigated by the FBI’s Washington Field Office with substantial assistance from various other government agencies. The case is being prosecuted by the U.S. Attorney’s Office for the Eastern District of Virginia and the Counterterrorism Section of the Justice Department’s National Security Division.Illegal Immigrant Sentenced to 8 Months in PrisonRead the Press Release
St. Thomas, USVI - District Court Judge Curtis V. Gomez today sentenced Amin Abel Gonell-Artiles, 34, to seven months in prison for illegal reentry into the United States, United States Attorney Ronald W. Sharpe announced.
On June 2, 2014, Gonell-Artiles, a national of the Dominican Republic, pleaded guilty to a onecount indictment charging him with illegal reentry into the United States. Court records show that Gonell-Artiles was removed from the United States on March 4, 2011 after his conviction for Social Security fraud. On February 26, 2014, Immigration and Customs Enforcement, Division of Enforcement and Removal Operations found Gonell-Artiles in the United States, and he did not have the required authorization to reenter the United States.
In addition to seven months in prison, Gonell-Artiles was sentenced to one month home confinement and ordered to pay a $100 special assessment. He was immediately remanded to the custody of the U.S. Marshals Service.
This case was investigated by Immigration and Customs Enforcement, Division of Enforcement and Removal Operations, and prosecuted by Assistant U.S. Attorney Everard E. Potter.
Illegal Alien Pleads Gulty to Passport Fraud, Aggravated Identity Theft, Alien Harboring, and Registering to Vote in A Federal ElectionRead the Press Release
An illegal alien who assumed the identity of a U.S. citizen, obtained a U.S. passport, and voted in the 2012 presidential election pled guilty today in federal court in Cedar Rapids.
Abel Hernandez-Labra, age 44, an illegal alien living in Hampton, Iowa, was convicted of one count of making false statements in a passport application, one count of aggravated identity theft, one count of making a false claim of U.S. citizenship to register to vote, and one count of harboring an illegal alien.
In a plea agreement, Hernandez-Labra admitted that he is a Mexican citizen who illegally entered the United States. Hernandez-Labra admitted he purchased a birth certificate and social security number of an American citizen born in Puerto Rico and assumed that identity. Falsely claiming to be a United States citizen, Hernandez-Labra used those documents to obtain Iowa driver’s licenses which he in turn, used to apply for and fraudulently obtain a U.S. passport in 2008 and to unlawfully register and vote in the 2012 federal election. Hernandez-Labra also admitted that, during 2014, he harbored and encouraged an illegal alien to reside unlawfully in the United States by providing work and a residence and by not reporting the alien to immigration authorities.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Hernandez-Labra remains in custody of the United States Marshal pending sentencing. Hernandez-Labra faces a mandatory sentence of two years’ imprisonment on the aggravated identity theft conviction, and a possible maximum sentence of ten years’ imprisonment on the passport fraud conviction, and five years’ imprisonment on both the illegal voting conviction and alien harboring conviction, along with a $1,000,000 fine, $400 in special assessments, and three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Daniel C. Tvedt and was investigated by agents from the U.S. Department of State, Diplomatic Security Service (DSS) Chicago Field Office; the Department of Homeland Security, Homeland Security Investigations; the Iowa Division of Investigations and Appeals; the Iowa Bureau of Investigation and Identity Protection; the Hampton Police Department; the Webster City Police Department; and the Hamilton County Sheriff’s Office.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-3036.
Gallup Man Pleads Guilty to Federal Involuntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Calvin Frank Joe, 41, an enrolled member of the Navajo Nation who resides in Gallup, N.M., pleaded guilty this morning to a federal involuntary manslaughter charge. Under the terms of his plea agreement, Joe will be sentenced to 42 months in federal prison followed by three years of supervised release.
Joe was arrested on Feb. 19, 2014, on an indictment charging him with second degree murder. The indictment alleged that Joe killed another Navajo man on the Navajo Indian Reservation in McKinley County, N.M., on April 18, 2013.
During today’s hearing, Joe entered a guilty plea to a felony information charging him with involuntary manslaughter. In his plea agreement, Joe admitted assaulting the victim by striking, beating and wounding him, and acknowledged that the assault resulted in the victim’s death.
Joe has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
The case was investigated by the Gallup office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Kyle T. Nayback is prosecuting the case.- Friendswood Man Heads to Prison for Two Child Pornography Charges
Former Oakland CPA Sentenced to 36 Months in Prison for Preparing False ReturnsRead the Press Release
OAKLAND – Jeffrey Deshon Applewhite, AKA Jeffrey Donald Mason, was sentenced today to 36 months in prison and ordered to pay $9,249 in restitution for assisting in the preparation of false federal income tax returns for clients in the San Francisco Bay Area, announced United States Attorney Melinda Haag, Acting Deputy Assistant Attorney General Larry J. Wszalek for the Justice Department's Tax Division, and Internal Revenue Service, Criminal Investigation, Acting Special Agent in Charge Thomas McMahon.
According to court documents, Applewhite owned and operated Applewhite and Co, CPA, along with Mason Financial Services, located in Inglewood, Calif. Applewhite also owned and operated his H&R Block franchise in Oakland, Calif. Although Applewhite mainly prepared tax returns from his Inglewood office, he came to the Oakland H&R Block location each year to meet with clients.
Following a five day trial, Applewhite was convicted on April 28, 2014, on 20 counts of aiding and assisting in the preparation and presentation of false and fraudulent tax returns. The returns reported false deductions and credits or false Schedule A expenses such as inflated charitable contributions.
On March 28, 2013, Applewhite, of Los Angeles was charged in a 34 count indictment with aiding and assisting in the preparation of false tax returns and identity fraud.
The sentence was handed down by the Honorable Jeffrey S. White, United States District Court Judge. Judge White also sentenced the defendant to a one-year period of supervised release. The defendant will begin serving his sentence on Jan. 12. 2015.
Assistant U.S. Attorney Cynthia Stier and Trial Attorney Sonia Owens of the Tax Division prosecuted the case. The prosecution is the result of an investigation by the IRS, Criminal Investigation.
(Applewhite indictment )
Former Lansing Man Sentenced to Nearly 20 Years in Prison for Attempting to Persuade A Minor to Engage in Sexual ConductRead the Press Release
CHICAGO ― A former south suburban Lansing man was sentenced to nearly 20 years in federal prison for attempting to persuade an individual he believed was a 14-year-old girl to engage in illegal sexual conduct. The defendant, MARTIN N. PAZDZUIRA, 47, formerly of Lansing, who has been in custody since he was arrested on federal charges in 2012, pleaded guilty in April of this year to one count of using the Internet to attempt to persuade an individual he believed was a minor to engage in illegal sexual conduct.
“Thank goodness it was law enforcement posing as ‘Emily,’ and not Emily,” U.S. District Judge Amy J. St. Eve said in imposing a sentence of 235 months, or 19 years, 7 months, yesterday in U.S. District Court. The judge also ordered Pazdzuira placed on court supervision for life following his release from prison.
Using the Internet to entice a minor to engage in illegal sexual conduct carries a mandatory minimum sentence of 10 years in prison and a maximum of life.
In pleading guilty, Pazdzuira admitted that he frequently used the Internet to chat with underage girls. In August 2012, he began chatting with “Emily,” who he believed was 14, and told “Emily” that he was 16 years’ old. In further chats, Pazdzuira made plans to meet “Emily” and take her to a hotel in Indiana to engage in illicit sexual conduct. He was arrested when he showed up to meet “Emily,” who, unbeknownst to him, was an undercover law enforcement officer posing as a minor girl.
Pazdzuira has two prior convictions for child sexual exploitation offenses. In 1995, he was convicted of aggravated criminal sexual abuse involving an 8-year-old child, and in 2005, he was convicted of possession of child pornography.
The sentence was announced today by Zachary T. Fardon, United States Attorney for the Northern District of Illinois, and Robert J. Holley, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation. The government was represented at sentencing by Assistant U.S. Attorney April Perry.
The investigation was conducted by the FBI’s Child Exploitation Task Force. The task force is part of a nationwide effort known as the Innocence Lost National Initiative targeting those involved in the commercial sexual exploitation of children in the United States. In Chicago, the CETF is comprised of FBI special agents and officers and investigators from the Chicago Police Department, the Cook County Sheriff's Office, and the Cook County State’s Attorney’s Office.
Former Fugitive Sentenced to Five Years in Prison for Mortgage Fraud SchemeRead the Press Release
SACRAMENTO, Calif. — Scott Edward Cavell, 31, of Sacramento, was sentenced today by United States District Judge John A. Mendez to five years in prison and ordered to pay $7.4 million in restitution, for committing wire fraud, United States Attorney Benjamin B. Wagner announced.
Scott Cavell and co-defendant Christopher Warren defrauded Florida-based lender Taylor, Bean and Whitaker Mortgage Corporation of $7.4 million. As part of the mortgage fraud scheme, Warren and Cavell transferred the stolen funds out of their various bank accounts and converted the funds into more “travel friendly” gold and coins. Warren and Cavell then fled outside the United States with the money they wrongfully acquired from TB&W. Cavell fled to Ireland on a commercial flight. He was apprehended by Irish authorities and spent nine months in an Irish jail before voluntarily agreeing to return to the United States to face justice.
Warren fled first to Ireland and then on to Lebanon in a private charter aircraft. He was arrested attempting to reenter the United States under a fraudulently obtained passport with tens of thousands of dollars hidden in his cowboy boots. He pleaded guilty and on September 11, 2012, was sentenced to 14 years in prison
This case was the product of an investigation by the Internal Revenue Service-Criminal Investigation, the Federal Bureau of Investigation, and the Department of State Diplomatic Security Service. Assistant United States Attorneys Russell L. Carlberg and Paul A. Hemesath prosecuted the case.
Former Fort Bliss Soldier Sentenced to Federal Prison for Stealing Military EquipmentRead the Press Release
In El Paso on Friday, 31-year-old former U.S. Army Sergeant Dexroy Germaine Hamilton was sentenced to six months in federal prison followed by six months home confinement for the illegal importation of International Trafficking in Arms Regulations (ITAR) controlled military equipment valued at approximately $30,000 announced United States Attorney Robert Pitman and Homeland Security Investigations (HSI) Special Agent In Charge Dennis Ulrich.
In addition to the prison term, Senior United States District Judge David Briones ordered that Hamilton perform no less than 100 hours of community service and be placed under supervised release for a period of three years after completing his prison term.
On August 22, 2014, Hamilton pleaded guilty to one count of conspiracy to commit theft of government property and one count of smuggling goods into the United States. By pleading guilty, Hamilton admitted that while on deployment in Afghanistan between July 2013 and March 2014, he conspired with others to steal U.S. military munitions property including optical sights, night vision equipment and infrared lasers, then transport those items to the United States for resale.
On March 20, 2014, HSI agents executed a search warrant at the defendant’s residence in El Paso where they recovered five (5) AN/PVS-14 night vision monocular devices, fifty-two (52) PMAG 5.556 x 42 military magazines, and nineteen (19) M-16 magazines (government owned).
This investigation was conducted by Homeland Security Investigations. Assistant United States Attorney Greg McDonald prosecuted this case on behalf of the Government.
Final Member of Williston-based Meth Trafficking Organization "the Family” SentencedRead the Press Release
BISMARCK - U. S. Attorney Timothy Q. Purdon announced that on November 3, 2014, Brian Scott Dahl, 51, Williston, ND, was sentenced before U. S. District Judge Daniel L. Hovland to serve 17 years in prison for conspiracy to distribute a controlled substance and possession of a firearm in furtherance of a drug trafficking crime.
In Bismarck, United States Attorney Timothy Purdon said, “The sentencing of Brian “Kodiak” Dahl brings to a close the investigation and prosecution of the violent, Williston-based methamphetamine trafficking group known as “The Family.” Federal law enforcement and the U.S. Attorney’s Office, working with our state and local partners, have dismantled this drug trafficking organization and handed out stiff federal prison sentences to its members. The citizens of the Bakken oil boom region should take heart in knowing that federal law enforcement is fighting, every day, to preserve the North Dakota way of life in this time of dramatic changes.”
On August 13, 2012, at approximately 5:43 a.m., a local resident near Culbertson, Montana, called 911 reporting that a male was at his doorstep, bloody and badly injured. Emergency personnel responded and transported the man to a medical facility for treatment. He had multiple injuries to his body, including substantial bruising to his face and right eye, cuts to his face, substantial ligature marks on his neck, several broken ribs, and a broken collar bone.
The victim stated that on August 12, 2012, he had been assaulted by individuals in Williston, N.D. He stated he was beaten with brass knuckles, cut with a razor blade, strangled with a rope or string, and tasered. The victim identified his assailants as member of a drug trafficking group known as “The Family.” The victim was bound by his hands and ankles, thrown into the trunk of an automobile that had been lined with plastic, and driven from Williston, North Dakota, to a location in Montana, where he was beaten until he was unconscious. The victim was left for dead by his assailants, but after regaining consciousness, he was able to make his way to the Culbertson residence to seek help. The beating was motivated by the fact that members of “The Family” were concerned that the victim would provide information to law enforcement about “The Family’s” illegal drug trafficking activities.
During the investigation into the activities of “The Family,” it was discovered that Brian Dahl, a/k/a “Kodiak” was part of a conspiracy that possessed with intent to distribute in excess of 500 grams of methamphetamine in the Williston area. On January 29, 2013, law enforcement officials executed a search warrant at Dahl’s residence and seized 24 firearms despite the fact that Dahl, as a previously convicted felon, was prohibited from possessing firearms. Dahl was also implicated in the assault of Defendant Mills, who was at one time assaulted by other members of “The Family.” Dahl was involved in this incident and brandished a firearm during that assault.
The following defendants have been convicted and sentenced as a result of the investigation of this kidnapping and the drug trafficking activities of “The Family”:
• Jeffrey Jim “Pops” Butler, 47, convicted of kidnapping and conspiracy to distribute methamphetamine. On October 25, 2013, Butler was sentenced to serve a total of 20 years in federal prison.
• Nicholas James Gordon Woodford, 24, convicted of kidnapping and conspiracy to distribute methamphetamine. On October 21, 2013, Woodford was sentenced to serve a total of 15 years in federal prison.
• Tyler Michael White, 24, convicted of kidnapping and conspiracy to distribute methamphetamine. On October 25, 2013, White was sentenced to serve a total of 13 years and 9 months in federal prison.
• James Dean Odeneal, 24, convicted of kidnapping. On July 19, 2013, Odeneal was sentenced to serve 12 years in federal prison.
• Zachary Russell Mills, 24, convicted of kidnapping. On November 4, 2013, Mills was sentenced to serve 5 years in federal prison.
• Matthew Powers, 23, convicted of conspiracy to distribute a controlled substance. On December 20, 2013, Powers was sentenced to serve 5 years in federal prison.
In addition to the 17 year imprisonment term, Judge Hovland also ordered that Dahl serve 5 years of supervised release and was ordered to pay a $200 special assessment to the Crime Victims Fund.
The case was investigated by the Federal Bureau of Investigation, the North Dakota Bureau of Criminal Investigation, the Northwest Narcotics Task Force, the Williston Police Department and the Yellowstone County (MT) Sheriff’s Department.
Assistant U. S. Attorneys David D. Hagler and Rick L. Volk prosecuted the case.
Federal Inmate Charged with MurderRead the Press Release
The United States Attorney for the Middle District of Pennsylvania, announced today that charges have been filed against Jose Caldera, who is currently confined at United States Penitentiary, Florence ADMAX, Colorado.
According to United States Attorney, Peter Smith, Caldera, age 44, is charged in a one-count felony Information with murder. The offense is alleged to have occurred in May 2010, while Caldera was confined at the United States Penitentiary, Lewisburg, Pennsylvania. Caldera is charged with strangling another inmate.
The investigation was conducted by the Federal Bureau of Investigation, and the Bureau of Prisons Special Investigative Service. Assistant United States Attorney Wayne P. Samuelson is assigned to prosecute the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statues and the Federal Sentencing Guidelines.
In this case, the maximum penalty under the federal statutes is life imprisonment, a term of supervised release following imprisonment, and a fine of $250,000. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Eagle Grove, Iowa Man Sentenced to Federal Prison for Methamphetamine ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was sentenced November 3, 2014, to more than 10 years in federal prison.
Robert Asche, 48, from Eagle Grove, Iowa, received the prison term after a June 10, 2014, guilty plea to conspiracy to distribute methamphetamine. Asche was previously convicted of attempted sale of dangerous drugs, and sale of less than one pound of marijuana.At the guilty plea, Asche admitted his involvement from 2011 through March 2012 in a conspiracy that distributed more than 50 grams of actual (pure) methamphetamine. On March 15, 2012, Department of Homeland Security (HSI) agents intercepted a package at Federal Express in Memphis, Tennessee being shipped from Zapopan, Jalisco, Mexico, to Eagle Grove, Iowa. Pursuant to x-ray inspection and a later physical search of the package, agents found one pound of methamphetamine hidden inside the horn of a horse saddle being shipped to Asche. Asche admitted that in March of 2012, he arranged for the delivery of methamphetamine by mail.
Asche was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Asche was sentenced to 138 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system. Asche is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the Department of Homeland Security, Iowa Department of Narcotics Enforcement, and Drug Enforcement Administration.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-3040.
Dr. Craig A. Morgenstern Charged with Child Pornography Related CrimesRead the Press Release
Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that the Grand Jury returned an eight-count indictment today charging Dr. Craig A. Morgenstern, age 45, with: three counts of Travel with Intent to Engage in Illicit Sexual Contact with a Child, with each charge carrying a maximum possible penalty of not more than 30 years of imprisonment; four counts of Production of Child Pornography, with each charge carrying a maximum possible penalty of not less than 15 years nor more than 30 years of imprisonment; one count of Aggravated Sexual Abuse of a Child, which charge carries a maximum possible penalty of not less than 30 years nor more than a life term of imprisonment; and one count of Attempted Production of Child Pornography, which charge carries a maximum possible penalty of not less than 15 years nor more than 30 years of imprisonment. A conviction of any of these eight counts mandates registration as a sex offender.
The investigation of this matter is being conducted by the Stevens County Sheriff’s Office, the Spokane County Sheriff’s Office, and the Federal Bureau of Investigation. Anyone with information about this case or any potential victim is urged to call the Detective Division with the Steven County Sheriff’s Office at (509) 684-5296 or the FBI at (206) 622-0460.
The case is being prosecuted by Stephanie J. Lister and James A. Goeke, Assistant U.S. Attorneys for the Eastern District of Washington, as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States 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. The Project Safe Childhood Initiative (“PSC”) has five major components:
- Integrated federal, state, and local efforts to investigate and prosecute child exploitation cases, and to identify and rescue children;
- Participation of PSC partners in coordinated national initiatives;
- Increased federal enforcement in child pornography and enticement cases;
- Training of federal, state, and local law enforcement agents; and
- Community awareness and educational programs.
For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
The charges contained in the indictment are only allegations. An individual charged with a criminal offense is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
14-CR-00161-WFN
Des Moines Woman Sentenced to Federal Prison for Kossuth County Meth ConspiracyRead the Press Release
A woman who conspired to distribute methamphetamine was sentenced October 30, 2014, to 10 years in federal prison.
Jeana Jo Johnson, 35, from Des Moines, Iowa, received the prison term after a July 22, 2014, guilty plea to conspiracy to distribute methamphetamine. Johnson was previously convicted of two counts of conspiracy to manufacture methamphetamine in 2003.
At the guilty plea, Johnson admitted her involvement from 2012 through February 2014 in a conspiracy that distributed more than 150 grams of actual (pure) methamphetamine. Johnson was caught delivering one ounce of methamphetamine to a customer in Kossuth County. Johnson admitted she would obtain methamphetamine from her source in Des Moines, Iowa, and distribute it to persons in Kossuth County.
Johnson was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Johnson was sentenced to 120 months’ imprisonment. A special assessment of $100 was imposed. She must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system. Johnson is being held in the United States Marshal’s custody until she can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the Kossuth County Sheriff’s Office, Iowa Department of Narcotics Enforcement, and Iowa Division of Criminalistics Investigation.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-3013.
Deming Oncologist Pleads Guilty to Introducing “Misbranded” Drugs into Interstate CommerceRead the Press Release
Plea Agreement Requires Dr. Aswad to Serve Three Years of Probation,
Pay $1,298,543.00 in Restitution, and Forfeit $750,000ALBUQUERQUE – Mohamed Basel Aswad, M.D., entered a guilty plea this afternoon in federal court in Las Cruces, N.M., to a misdemeanor information charging him with the unlawful introduction of misbranded drugs into interstate commerce. The guilty plea was announced by U.S. Attorney Damon P. Martinez and Special Agent in Charge Catherine Hermsen of the Food and Drug Administration (FDA) Office of Criminal Investigations.
Under the terms of the plea agreement, Dr. Aswad will be sentenced to three years of probation, and will be required to pay $1,298,543.00 in restitution to Medicare and Tricare, the victims of his criminal conduct. Dr. Aswad also will be required to forfeit $750,000.00, an amount representing part of his net criminal proceeds, to the United States.Pursuant to the Food, Drug, and Cosmetic Act (FDCA), the FDA regulates the manufacture, labeling and distribution of prescription drugs shipped or received in interstate and foreign commerce as part of its mission to protect the health and safety of the American public. The FDCA requires businesses, whether domestic or foreign, who manufacture prescription drugs for sale and use in the United States to register with the FDA and to cooperate with the FDA. Under the FDCA, a prescription drug is “misbranded” if it is manufactured in an establishment not registered with the FDA for commercial distribution within the United States. A drug also is “misbranded” if the labeling bears inadequate directions for use.
According to court filings, Dr. Aswad is a board certified oncologist who has maintained a medical practice in Deming, N.M., since 2007, where he treats cancer patients. As part of his medical practice, Dr. Aswad purchased all prescription drugs, including chemotherapy drugs, administered to his patients. Between July 2010 and April 2012, Dr. Aswad ordered prescription cancer drugs from a Canadian company that shipped “misbranded” unapproved prescription drugs to Dr. Aswad, and Dr. Aswad administered the misbranded drugs to his patients. Altuzan, a chemotherapy prescription drug, is one of the “misbranded” drugs Dr. Aswad ordered from the Canadian company.
In entering his guilty plea, Dr. Aswad admitted that on March 7, 2012, he ordered Altuzan from a Canadian company and the drug was shipped to his medical practice in Deming. Dr. Aswad acknowledged that the Altuzan did not bear adequate directions for us because the packaging inserts were in Turkish. Dr. Aswad acknowledged that the Altuzan was “misbranded” and came from a foreign company not registered by the FDA. Dr. Aswad also acknowledged that, when the FDA executed a search warrant at his clinic on April 10, 2012, they seized the Altuzan as well as other similarly “misbranded” chemotherapy drugs that he possessed at his medical practice. Dr. Aswad admitted that his sale of “misbranded” prescription drugs amounted to approximately $1,298,543 in proceeds.
“Serious consequences can result when those entrusted with caring for cancer patients put personal gain ahead of all other considerations,” said Special Agent in Charge Catherine Hermsen, FDA Office of Criminal Investigations. “Our office will continue to work to bring to justice all those who violate federal laws that promote public health.”
U.S. Attorney Damon P. Martinez commended the investigative work of the FDA Office of Criminal Investigations and Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office, who is prosecuting the case.Darby Man Charged in Several RobberiesRead the Press Release
PHILADELPHIA - Ishmael Shah, 20, of Darby, PA, was charged today by indictment with seven robberies which interfered with interstate commerce and related firearm charges, announced United States Attorney Zane David Memeger. According to the indictment, Shah committed the following armed robberies: on June 15, 2013, the Metro Self Storage at 2240 Island Avenue, Philadelphia; on June 17, 2013, Gulla’s Auto Tag & Insurance located at 6301 Buist Avenue, Philadelphia; on June 21, 2013, the Sunoco gas station located at 2500 Island Avenue, Philadelphia; on June 22, 2013, the Kerrs Building Materials, Inc. located at 1528 Washington Avenue, Philadelphia; the attempted armed robbery, on June 26, 2013, of the 7-Eleven located at 501 Church Lane, Yeadon, PA; the armed robbery, on June 28, 2013, of the 7-Eleven located at 1028 Garrett Road, Upper Darby, PA; and the attempted armed robbery, on July 11, 2013, of Kicks USA located at 1575 N. 52nd Street, Philadelphia.
If convicted of the charges,thedefendant faces a maximum sentence of life imprisonment and a mandatory minimum of 107 years imprisonment. He also faces a maximum period of supervised release of five years, a substantial fine, a special assessment, and restitution.This case was investigated by the Federal Bureau of Investigation, Philadelphia Police Department, Colwyn Police Department, Yeadon Police Department, Upper Darby Police Department, the Philadelphia District Attorney=s Office, and the Delaware County District Attorney’s Office, and is being prosecuted by Assistant United States Attorney Ewald Zittlau.
An Indictment or an Information is an accusation. A defendant is presumed innocent unless and until proven guilty.
Click here to read the indictment.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Dallas Man Sentenced to 40 Months in Federal Prison for Possessing Prepubescent Child PornographyRead the Press Release
DALLAS — Donald Record, 52, of Dallas, was sentenced today by U.S. District Judge Ed Kinkeade to 40 months in federal prison following his guilty plea in May 2014 to an Information charging one count of possession of prepubescent child pornography, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Judge Kinkeade ordered that Record surrender to the Bureau of Prisons on January 7, 2015.
According to documents filed in the case, law enforcement received information from U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Cyber Center identifying an offender in the Dallas area. The investigation led law enforcement to secure and execute a search warrant at Record’s residence on March 6, 2014. Record admitted that he used his laptop computer to trade images of child pornography on the Internet, and that he looked at child pornography when he was at his home in Dallas and at work at SMU. He admitted his age preference was 8 – 10 year olds. He further admitted that he had approximately 100 images and one video of child pornography in his email account that he had received from others.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
ICE HSI investigated. Assistant U.S. Attorney Camille Sparks prosecuted.
Creal Springs Man Sentenced on Federal Firearms ChargesRead the Press Release
Charges Included Possession / Transfer of Short-barreled Rifles, Shotgun and Silencer
Follow @SDILNewsThe United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced that Robert Ira Longworth, 28, of Creal Springs, Williamson County, Illinois, was sentenced today in the United States District Court in Benton. The district court ordered Longworth to serve 57 months in federal prison, to be followed by three years of supervised release. The court also ordered Longworth to pay $500 in fines and $400 in special assessments.
Longworth had previously plead guilty to three counts of illegal transfers of a firearm, being, a silencer, a short barreled rifle, and a short barreled shotgun, respectively, and one count of illegal possession of a short barreled rifle. Longworth had been held without bail since his arrest in April of this year. He was ordered to remain in jail pending his transfer to the federal Bureau of Prisons.
The case was investigated by the Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, with the assistance of the Illinois State Police, the Williamson County Sheriff’s Department, the Creal Springs Police Department, the Johnson County Sheriff’s Office, the Vienna Police Department, the Williamson County State’s Attorney, and the Johnson County State’s Attorney. The case is being prosecuted by Assistant U.S. Attorney Liam Coonan.
Convicted Felon Sentenced to 15 Years in Federal PrisonRead the Press Release
William Robert Humphrey, 31, of Nashville, Tenn., pleaded guilty and was sentenced yesterday by United States District Court Judge William J. Haynes, Jr., to 15 years in federal prison for being a convicted felon in possession of a firearm and possession with intent to distribute cocaine, announced David Rivera, U.S. Attorney for the Middle District of Tennessee.
“This prosecution and sentence reflect a collaborative effort between local, state and federal law-enforcement to identify and remove the most dangerous offenders from our communities who habitually break the law,” said U.S. Attorney David Rivera. “Mr. Humphrey’s reign as a violent criminal has come to an abrupt end as there is no parole in the federal system.”
Humphrey has a lengthy criminal history including multiple prior felony convictions for drug trafficking offenses and violent crimes throughout Middle Tennessee. As a result of those convictions, Humphrey is prohibited by law from possessing a firearm.
On May 17, 2013, Metropolitan Nashville Police Department officers arrested Humphrey on multiple outstanding felony warrants in a residence in East Nashville, where he was found sleeping with a shotgun underneath his mattress.
On September 7, 2013, while out on bond in the previous case, Humphrey was arrested by the Tennessee Highway Patrol, in Shelbyville, Tennessee, following a traffic stop. At the time of his arrest, Humphrey was carrying over $4,500 in cash and approximately an ounce of cocaine for resale.
This matter was investigated by the Metropolitan Nashville Police Department, the Tennessee Highway Patrol, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The United States was represented by Assistant U.S. Attorney Clay Lee.Clinton Man Arrested on Federal Charge of Possession of Child PornographyRead the Press Release
DAVENPORT, IA - On October 31, 2014, Dirk Hayo Notman, age 76, of Clinton, Iowa, made an initial appearance in federal court after being arrested on a federal complaint that alleged he possessed child pornography, announced United States Attorney Nicholas A. Klinefeldt. Notman was ordered detained pending a detention and preliminary hearing on November 6, 2014. As part of an ongoing investigation, law enforcement officers conducted a search of Notman’s residence on April 24, 2014. During this search, officers seized numerous DVDs containing sexually explicit images of minors.
This case is being investigated by the United States Postal Inspection Service, and the Clinton, Iowa, Police Department, and the case is being prosecuted by the United States Attorney=s Office for the Southern District of Iowa.
The public is reminded that a criminal complaint is only an accusation, and that Notman is presumed innocent unless and until proven guilty.
(Download Press Release)
Cicero Chiropractor Settles Civil Health Care Fraud ClaimsRead the Press Release
Joseph Borio Admits that he Caused the Submission of Unsubstantiated Claims for
Payment to Medicare and Agrees to Pay Nearly $400,000 to the United StatesALBANY, NEW YORK: Joseph Borio – the owner of Borio Chiropractic Health Center (BCHC), in Cicero, New York – has agreed to pay the United States $376,436.76 to resolve allegations that he violated the False Claims Act by submitting claims to Medicare using higher billing codes than appropriate and falsely certifying that the services billed were medically necessary, announced United States Attorney Richard S. Hartunian. As part of the settlement, Borio admitted that he and others submitted claims to Medicare that are unsupported by his records. He also agreed to implement additional compliance measures as a condition of his continued participation in Medicare and other federal health care programs.
In 2009, federal authorities received information suggesting that Borio had engaged in questionable billing practices. A subsequent investigation revealed that, from May 4, 2006 through April 9, 2008, Borio submitted 10,534 claims for payment to Medicare, which is far more than any other chiropractor in 45 upstate and central New York counties. He also billed for treating as many as 69 Medicare beneficiaries in a given day. Taking into account both Medicare and non-Medicare patients, Borio sometimes billed for personally treating hundreds of individuals in a single day. Of the claims Borio submitted to Medicare during this period, more than 99.9% were billed using the highest-reimbursing billing code (other chiropractors in the region billed that code, on average, just over 13% of the time). During this period, Borio billed that code nearly three times more than the region’s next highest biller. He also treated his Medicare beneficiaries, on average, almost three times more frequently than his peers.
United States Attorney Hartunian said: “The provision of Medicare benefits must be dictated by patient need, not provider greed. Pursuant to federal guidelines, chiropractors are required to submit bills based on the level of treatment required, not the highest rate of payment possible. Today’s settlement demonstrates our commitment to safeguarding the Medicare Trust Fund by holding accountable those providers who inflate their bills to maximize profits.”
“Individuals who defraud health care programs place additional burdens and costs on the health care system, which affects every American citizen. The FBI will continue to work closely with our law enforcement partners to identify individuals who defraud the system for personal gain,” said Special Agent in Charge Andrew W. Vale of the Federal Bureau of Investigation (FBI), Albany Division.
As part of today’s settlement, Borio entered into an integrity agreement with the United States Department of Health and Human Services – Office of Inspector General (HHS-OIG) requiring him and BCHC to engage in strict compliance efforts over the next three years. Under the agreement, Borio is required to retain an independent review organization to review the accuracy of his claims for services furnished to federal health care program beneficiaries.
“When chiropractors try to enrich themselves by misrepresenting the services they bill to taxpayer-funded health care programs, we will work hard to make sure they are held accountable for their deceptive schemes,” said Special Agent in Charge Thomas O’Donnell of HHS-OIG’s New York region.
This investigation and settlement were the result of a coordinated effort between the United States Attorney’s Office for the Northern District of New York, the FBI, HHS-OIG, and SafeGuard Services LLC (a Program Safeguard Contractor responsible for investigating fraud, waste, and abuse to the Medicare Program). The United States was represented by Assistant United States Attorney Adam J. Katz.
Chesnee, S.C. Man Sentenced to Prison for Aiming Laser at AircraftRead the Press Release
Contact Person: Max Cauthen (864) 282-2100
Columbia, South Carolina ---- United States Attorney Bill Nettles stated today that Damien Wade Conley, age 33, of Chesnee, South Carolina was sentenced today in federal court in Spartanburg, South Carolina, for AIMING A LASER POINTER AT AN AIRCRAFT, a violation of 18 U.S.C. § 39A. United States District Judge Mary Geiger Lewis of Spartanburg sentenced Conley to thirty-seven months in federal prison.
Evidence presented at the change of plea hearing established that on November 20, 2013, Conley recklessly aimed the beam of a laser pointer at two news helicopters as they were flying to cover an accident on the interstate. The beam from the laser pointer struck each helicopter and invaded the cockpit.
The inherent danger in pointing a laser into the cockpit of an aircraft is that the pilot can be temporarily blinded by the laser light and can become disoriented while trying to continue operating the aircraft. Such an act can interfere with the safe operation of an aircraft and poses significant risk of accident and injury.
The case was investigated by agents of the FBI. Assistant United States Attorney Max Cauthen of the Greenville office prosecuted the case.Carriere Man Sentenced to Thirty Years in Prison on Child Pornography ChargesRead the Press Release
Gulfport, Miss – James Allen Myers, 67, of Carriere, Mississippi, was sentenced today by U.S. District Judge Louis Guirola, Jr. to serve a total of 360 months in federal prison followed by a lifetime of supervised release for one count of transportation of child pornography and six counts of possession of child pornography, announced U.S. Attorney Gregory K. Davis and Special Agent in Charge Raymond R. Parmer of Homeland Security Investigations (HSI) in New Orleans. Myers was also ordered to pay a $5,000 fine.
Myers lived in North Port, Florida, until 2013 when he moved to Carriere, Mississippi. He was found to be in possession of numerous computer hard drives, CDs, and other computer devices which contained over 20,000 images and videos of children engaging in sexually explicit conduct with adults. HSI agents examined the images and videos found on the electronic devices seized from Myers and were able to identify and locate three victims living in Florida who were depicted in the images found on Myers’ computers.
Myers was found guilty following a three day trial in August, 2014 in Gulfport. This case was investigated by Homeland Security Investigation agents in both Mississippi and Florida. It was prosecuted by Assistant U.S. Attorneys Glenda Haynes and Andrea Jones.If you believe you have been a victim of fraud from a person or an organization soliciting relief funds on behalf of storm victims, contact the National Center for Disaster Fraud toll free at:
(866) 720-5721
You can also fax information to:
(225) 334-4707
or e-mail it to:
Making sure that victims of federal crimes are treated with compassion, fairness and respect.
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Help us combat the proliferation of sexual exploitation crimes against children.
Cannonball, ND Man Sentenced for Assault with a Dangerous WeaponRead the Press Release
Bismarck - U.S. Attorney Timothy Q. Purdon announced that on October 31, 2014, Dustin Lester, age 41, was sentenced to serve 60 months imprisonment for assault with a dangerous weapon.
Dustin Lester was charged by Indictment with Assault with a Dangerous Weapon and Domestic Assault by a Habitual Offender on February 19, 2014, while at the Prairie Knights Casino. Security video footage obtained from the Prairie Knights Casino showed Lester physically assaulting a female by punching and kicking her multiple times in the hallway of the casino. The female Lester assaulted is a person with whom he had a dating relationship with.
Lester changed his plea on July 31, 2014 to guilty on one count of Assault with a Dangerous Weapon. Judge Hovland also sentenced Lester to three (3) years supervised release and ordered to pay $100 special assessment to the Crime Victims Fund.
Case was investigated by Bureau of Indian Affairs.
Assistant U.S. Attorney Gary Delorme prosecuted the case.
Buffalo Woman Sentenced in Check Kiting SchemeRead the Press Release
BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Carlique Deberry, 35, who was convicted of bank fraud, was sentenced by Chief U.S. District Judge William M. Skretny to six months in a halfway house and three years supervised release.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that the defendant was part of a conspiracy to defraud local area banks by participating in a “check kiting” scheme. Deberry opened bank accounts and deposited large checks into the accounts. The deposited checks were written on accounts that had insufficient funds or on accounts that had been closed. Before the banks could determine that the checks were not supported by any funds, the defendant withdrew smaller amounts from the accounts. Although Deberry made away with only $130 from Key Bank, the intended loss amount was more than $20,000.
Co-conspirators, Sade Heath, Sayonara Heath, Nichole Dean and Antwan Green have all been convicted. Sade Heath and Sayonara Heath have been sentenced. Dean and Green are awaiting sentencing.
The sentencing is the culmination of an investigation by the United States Secret Service.Broward Resident Sentenced for Role in Bank Fraud Involving Stolen Identity Tax RefundsRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Paula Reid, Special Agent in Charge, United States Secret Service (USSS), Miami Field Office, announce that Willy Toussaint, 43, of Lauderhill, Florida, was sentenced by U.S. District Judge Beth Bloom to 46 months in prison, to be followed by five years of supervised release stemming from his convictions to one count of Conspiracy to Commit Bank Fraud, in violation of Title 18, United States Code, Section 1349, and two counts of Bank Fraud, in violation of Title 18, United States Code, Section 1344. Toussaint was also ordered to pay $208,261.90, in restitution to the Internal Revenue Service, which represents the actual loss suffered by the IRS in this case.
According to court documents, Toussaint obtained counterfeit means of identification, including counterfeit State of Florida driver’s licenses, and caused multiple unauthorized personal and business bank accounts to be created at JP Morgan Chase Bank in the names of unsuspecting identity theft victims utilizing their personal identification information (PII). Toussaint paid the bank employees between $2,000 and $10,000, for opening the bank accounts.
Court documents also state that co-conspirators utilized stolen PII to submit false, fictitious, and fraudulent federal income tax returns to the IRS claiming tax refunds to which they were not entitled. The fraudulently claimed tax refunds were then deposited into the bank accounts established with the assistance of Toussaint. After the tax refunds were received at the bank, co-conspirators would either obtain the funds by wire transfer or would utilize multiple automated teller machines (ATMs) to withdraw the money in cash.
Mr. Ferrer commended the investigative efforts of IRS-CI and USSS. The case was prosecuted by Assistant U.S. Attorney Marc S. Anton.
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.
Broward Real Estate Broker Charged with Wire Fraud by Taking Client DepositsRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, announce the charges filed against Christopher Wayne White, 43, of Fort Lauderdale, Florida, for three counts of wire fraud, in violation of Title 18, United States Code, Section 1343. If convicted, White faces a maximum penalty of twenty years in prison, five years supervised release and a fine of up to $250,000 for each count.
According to the criminal complaint, White was a licensed real estate broker and owner and operator of the Christopher White Group in Fort Lauderdale. White obtained three real estate deposits totaling approximately $595,000 – in the amounts of $300,000, $150,000 and $145,000 – via wire transfers involving properties in Broward County from three individuals and White refused to return the escrow deposits. The Secretary of Florida’s Department of Business and Professional Regulation ordered an emergency suspension of his real estate broker’s license. Any victims or individuals with additional information should contact the FBI Field Office in Miami at 305-944-9101.
Mr. Ferrer commended the investigative efforts of the FBI and thanked Florida’s Department of Business and Professional Regulation for their assistance. The case is being prosecuted by Assistant U.S. Attorneys Randy Katz and Thomas P. Lanigan.
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.
Baltimore Man, Three Others, Convicted of Drug TraffickingRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Tara Tighe, Public Affairs SpecialistMARTINSBURG, WEST VIRGINIA – A Baltimore man and three West Virginia residents were convicted of drug trafficking, United States Attorney William J. Ihlenfeld, II, announced today.
Tavon Darrell Moore, 30, of Baltimore, Maryland, pled guilty to one count of “Drug Conspiracy – Heroin.”
Armistead William Craig, 35, of Ranson, West Virginia, pled guilty today to one count of “Distribution of Cocaine Base.”
Pamela Jean Bailey, 30, of Petersburg, West Virginia, pled guilty to one count of “Aiding and Abetting the Distribution of Methamphetamine.”
Tony Calvin Collins, 20, also of Petersburg, West Virginia, pled guilty to one count of “Aiding and Abetting Possession with Intent to Distribute Heroine.”
Each defendant faces up to 20 years in prison and fine of up to $1,000,000.00. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants.
Assistant U.S. Attorney Jarod Douglas is prosecuting the cases on behalf of the government. The Eastern Panhandle Drug and Violent Crimes Task Force, a HIDTA-funded initiative, is leading the investigation.
U.S. Magistrate Judge Robert W. Trumble presided.