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Tuesday 4 November 2014
Baltimore Man Exiled to over 15 Years “Hard Time for Gun Crime” after Three Armed RobberiesRead the Press Release
GPS Monitoring Catches Crook Who Robbed Three Stores in Two Weeks
Baltimore, Maryland – U.S. District Judge J. Frederick Motz sentenced Lydell Pittman, age 24, of Baltimore, today to 181 months in prison followed by five years of supervised release for robbery and using a firearm during the robbery.The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; Chief James W. Johnson of the Baltimore County Police Department; Baltimore County State’s Attorney Scott Shellenberger; Baltimore City State’s Attorney Gregg L. Bernstein; and Baltimore Police Commissioner Anthony W. Batts.
“Lydell Pittman will serve more than 15 years in federal prison for using a gun to commit robberies,” said U.S. Attorney Rod J. Rosenstein. “We are reducing violent crime by making sure criminals spend hard time for gun crime.”
According to his plea agreement, on October 27, 2012, Pittman and another individual entered a cell phone store on Security Boulevard in Baltimore, pointed a handgun at a clerk’s face and demanded money. One of the robbers ordered the clerk to lie on the floor while the other took approximately $400 from the store. Pittman’s fingerprint was recovered from behind the counter of the store.
That same day Pittman and the other individual robbed an employee at a dry clean store on Reisterstown Road in Baltimore. One of the robbers pointed a gun at the clerk while the other stole $835 from the cash registers. Several witnesses identified Pittman and the other robber from video footage of the robbery, as well as the robbers’ getaway vehicle.
On November 16, 2012, Pittman and the other individual robbed a check cashing store on Windsor Mill Road in Baltimore. They pointed a gun at an employee, and told him to get down or he would die. They took $14,000 from two lock boxes and a cash register. A court-ordered GPS placed Pittman’s car at the store at the time of the robbery.
United States Attorney Rod J. Rosenstein commended the FBI, Baltimore County and City Police Departments and Baltimore County and City State’s Attorney=s Offices for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney Bonnie S. Greenberg, who prosecuted the case.
Baltimore Felon Sentenced to over 8 Years in Prison for Distributing Crack CocaineRead the Press Release
Also Admitted to Illegally Possessing a Gun Purchased on the Street
Baltimore, Maryland – U.S. District Judge J. Frederick Motz sentenced Michael Anthony McLeod age 31, of Baltimore, Maryland today to 100 months in prison followed by three years of supervised release for possession with intent to distribute crack cocaine.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge William P. McMullan of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Commissioner Anthony W. Batts of the Baltimore Police Department; and Baltimore City State’s Attorney Gregg L. Bernstein.According to McLeod’s plea agreement, on September 13, 2013, Baltimore City police officers executed a search warrant at McLeod’s home. McLeod was in the home when officers arrived. Officers recovered: a baggie containing 12 red top vials of crack cocaine packaged for distribution; a loaded .357 revolver; two clear baggies, each containing 20 red top vials of crack cocaine; drug paraphernalia, including digital scales; and $756 in cash, organized in several stacks. McLeod told officers that the firearm, drugs and drug paraphernalia were all his and that he had recently purchased the gun on the street.
McLeod had previously been convicted of a felony and was prohibited from possessing a gun or ammunition.
United States Attorney Rod J. Rosenstein praised the ATF, Baltimore Police Department and Baltimore City State’s Attorney’s Office for their work in the investigation and thanked Assistant U.S. Attorney John F. Purcell, Jr., who prosecuted the case.Arizona Resident Sentenced for Drug Trafficking ConspiracyRead the Press Release
CONCORD, NEW HAMPSHIRE – Alvaro Rivera-Pedrego of Douglas, Arizona and Agua Pietra, Mexico was sentenced in United States District Court for the District of New Hampshire to 60 months in federal prison after pleading guilty to conspiracy to distribute cocaine, announced United States Attorney John P. Kacavas.
The United States alleged that Rivera-Pedrego conspired with members of the Sinaloa Cartel, led by Joaquin Guzman-Loera, a/k/a “Chapo”, to establish a cocaine distribution route that would ship cocaine to European ports to be distributed in Europe, the United States, Canada and other countries. In 2009, the defendant met with a confidential human source in Mexico to discuss the creation of the distribution network. Over a period of months in 2009 and 2010, the defendant facilitated meetings between his coconspirators and the confidential human source. Those meetings led to meetings between the defendant’s coconspirators and undercover agents of the Federal Bureau of Investigation that began in early 2010 and continued through August 2012, including meetings in Miami in August 2010 and November 2010, in Madrid, Spain, in March 2011, in Portsmouth and New Castle, New Hampshire in April 2011, and in Boston in August 2011. The coconspirators offered to deliver thousands of kilograms of cocaine secreted in cargo containers that would be shipped to various ports on the eastern seaboard of the United States and to ports in Europe. The conspirators ultimately delivered 346 kilograms of cocaine to the FBI at a port in Algeciras, Spain on July 27, 2012 hidden in a cargo container in boxes that purportedly held glassware.
The cartel’s leader, by Joaquin Guzman-Loera, a/k/a “Chapo”, was arrested by Mexican authorities in February 2014. The District of New Hampshire, several other districts and the Department of Justice are working to have him extradited to the United States.
The case was investigated by the Federal Bureau of Investigation and prosecuted by First Assistant United States Attorney Don Feith.
Arizona Man Sentenced to Ten Years for Federal Child Sexual Exploitation Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Noah John Carney, 20, of Phoenix, Ariz., was sentenced today in federal court in Las Cruces, N.M., to ten years imprisonment for attempting to induce a minor to produce child pornography. Carney will be on supervised release for ten years after he completes his prison sentence. He also will be required to register as a sex offender.
Carney was arrested in Oct. 2013, on a criminal complaint charging him with inducing a minor to engage in sexually explicit conduct and attempting to have a minor produce child pornography. In March 2014, Carney was indicted and charged with (1) attempting to produce child pornography, (2) attempting to receive child pornography, and (3) attempting to entice a minor to engage in sexual activity.
On May 2, 2014, Carney entered a guilty plea to Count 3 of the indictment charging him with attempting to entice a minor to engage in sexual activity. In entering his guilty plea, Carney admitted contacting the victim through an Internet game in Aug. 2013, and learning that the victim was 13-years-old. During that “chat” and subsequent telephone, email and text communications, Carney engaged in sexually explicit conversations with the victim. Carney asked the victim to send him nude photographs of her and sent her a nude photograph of him. He also discussed plans to travel to New Mexico to have sex with the victim.
The FBI performed a search of the victim’s cellular telephone and Kindle device, and found Carney’s nude photo and some of the “chats” between Carney and the child victim. In mid-Sept. 2013, the Albuquerque Police Department (APD) joined the FBI’s investigation and an APD officer assumed the victim’s on-line identity and began communicating with Carney. During an Oct. 3, 2013 “chat,” Carney asked the officer who was posing as the child victim for a sexually explicit photo, and on the following day, Carney sent the officer a video of an adult engaged in sexually explicit conduct. Carney was arrested in Phoenix by the FBI on Oct. 24, 2013, and thereafter was transferred to New Mexico to face the charges in this case.
This case was investigated by the Las Cruces office of the FBI and APD, with assistance from the New Mexico Regional Computer Forensic Laboratory, and was prosecuted by Special Assistant U.S. Attorney Anna Wright of the U.S. Attorney’s Las Cruces Branch Office.
The case was filed as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Amite Woman, Angela Lemoine, Charged with Theft of Bank FundsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ANGELA LEMOINE, 43, of Amite, Louisiana, was charged in a Bill of Information today with one count of theft of funds.
According to the Bill of Information, from approximately November 2005 until approximately March 1, 2013, LEMOINE worked as a manager at the Kentwood branch of First NBC Bank. LEMOINE admitted to stealing $14,000 by forging a customer’s signature on a maturing Certificate of Deposit (CD). Specifically, on or about August 6, 2012, LEMOINE withdrew $14,000 from a customer’s CD and forged the customer’s signature. LEMOINE then had a teller advance her the $14,000 in cash which she kept in her possession. On March 1, 2013, LEMOINE signed a hand written confession acknowledging that she stole $14,000. LEMOINE has made full restitution to the bank.
If convicted, LEMOINE faces a possible maximum sentence of ten years imprisonment, and/or a fine of $250,000 and up to three years of supervised release.
The U. S. Attorney’s Office reiterated that a Bill of Information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant United States Attorney Carter K. D. Guice, Jr. is in charge of the prosecution.
(Download Bill of Information )
Airplane Repair Business Owner Sentenced for Fraud SchemeRead the Press Release
PHILADELPHIA – Jay Stout, 55, of Harrisburg, PA, was sentenced today to five years in prison for a fraud scheme that involved falsifying the inspection records of aircraft at his company, Flying Tigers, Inc. In April 2014, a jury found Stout guilty of conspiracy, fraud involving aircraft parts, mail fraud, and obstruction of justice. He was president of Flying Tigers, located in Marietta, PA. U.S. District Court Judge Harvey R. Bartle, III, also ordered Stout to pay restitution in the amount of $503,340, a special assessment of $800, and serve three years of supervised release. Stout must report to prison by December 29, 2014. The company was sentenced to one year of probation and a $5,600 special assessment.
Between October 2003 and January 2010, Stout conspired with others to commit fraud in aircraft parts, mail fraud, and wire fraud, by charging customers for the annual inspections of their aircraft, despite the absence of a certified mechanic with inspection authority, a certification given by the FAA. In order to conceal the absence of an authorized certification, Stout and Flying Tigers prepared fraudulent certifications of annual inspections for the airplane and engine log books or, on other occasions, failed to create the necessary certification at all. Some customers who brought their airplanes into Flying Tigers for annual inspections were charged for the inspection, but Flying Tigers never provided a signed certification in the airplane or engine log books recording the annual inspection. By this method, the absence of the valid signature of a certified mechanic was not evident to the Flying Tigers customers. Other annual inspections were certified in the log books by Stout, even though Stout was no longer authorized to certify annual inspections. In other annual inspections, the signatures of certified mechanics with inspection authority were forged in the log books. Such was the case with one former Flying Tigers employee who left Flying Tigers in late 2006/early 2007, but whose forged or fraudulent signatures appear on certified annual inspections, both before the period that the former employee had his certification, and through October 2007, long after he stopped working for Flying Tigers. In addition, the fraudulent signature of Gilbert Stout, Jay Stout’s father, appeared on annual inspections many years after Gilbert Stout stopped working on aircraft, and the forged and fraudulent signature of Joel Stout, a Flying Tiger, Inc. employee and Jay Stout’s son, appeared on annual inspections that Joel Stout did not perform. Many airframe and engine log books, containing these and other entries, were shown to the jury during the trial.
The case was investigated by the United States Department of Transportation Office of Inspector General and was prosecuted by Assistant United States Attorney Arlene Fisk.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Aggravated Felon Sentenced to Prison for Illegal Re-EntryRead the Press Release
A man who re-entered the United States illegally was sentenced on October 28, 2014, to 15 months in prison.
Lazaro Martin-Bartolon, age 28, from Guatemala, received the prison term after a June 5, 2014, guilty plea to one count of illegal re-entry following a conviction for an aggravated felony.
At the guilty plea, Martin-Bartolon admitted he had re-entered the United States without permission after being removed from the country on November 19, 2009, following a conviction for forgery in Sioux County. Martin-Bartolon came to the attention of Homeland Security Investigations’ (HIS) on March 14, 2014, after he was arrested for OWI in Sioux County, Iowa.
Martin-Bartolon was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Martin-Bartolon was sentenced to 15 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
The case was prosecuted by Assistant United States Attorney Kevin C. Fletcher and investigated by HSI and the Enforcement and Removal Office of the Immigration and Customs Enforcement Bureau.
Court file information is available at https//ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-4043.
Monday 3 November 2014
Woman with More Than 160 Pounds of Marijuana in Rental Car Faces up to 20 Years in Federal Prison on Federal Drug Distribution ConvictionRead the Press Release
LUBBOCK, Texas — A woman who was found driving east on Interstate 20 in the Abilene, Texas, vicinity, at approximately five miles per hour on Christmas Day 2013, appeared in federal court on Friday and pleaded guilty to a federal felony drug offense, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Christini Lynn Brashear, 45, of Rocklin, California, pleaded guilty, before U.S. District Judge Sam R. Cummings, to an indictment charging one count of possession with intent to distribute marijuana. She faces a maximum statutory penalty of 20 years in federal prison and a $1 million fine. Judge Cummings ordered a presentence investigation report with a sentencing date to be set after the completion of that report. Brashear remains on bond.
According to documents filed in the case, on December 25, 2013, the Abilene Police Department received multiple calls regarding a small sport utility vehicle that was on Interstate 20 traveling east at approximately five miles per hour. Officers located the vehicle and found it parked on the shoulder of the highway with Brashear asleep at the wheel. Officers called for emergency medical assistance for Brashear and advised her she was being taken to the hospital. She consented to an officer driving her car to the hospital to avoid having it towed, and she admitted using and possessing methamphetamine, which she turned over to the officers.
The officer driving Brashear’s vehicle noticed a strong odor of marijuana coming from inside the vehicle and later confirmed that the smell was coming from several duffle bags in the back that contained approximately 166 pounds of marijuana, individually bagged in one-pound clear plastic bags. The vehicle also contained multiple cell phones, two road atlases, and a note pad with hand-written directions to Houston, Texas. Rental papers for the vehicle show that it was rented to Brashear in Sacramento, California, on December 22, 2013, and it was due back to that location on December 26, 2013.
U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Abilene Police Department investigated. Deputy Criminal Chief Assistant U.S. Attorney Denise Williams is prosecuting.
Wisconsin Man Pleads Guilty to Child Sexual Exploitation OffensesRead the Press Release
A man who transported a minor across a state line to engage in sex acts pled guilty on November 3, 2014, in federal court in Cedar Rapids.
Christopher Heath-Lowther, age 30, from Platteville, Wisconsin, was convicted of one count of transporting a minor across a state line with intent to engage in criminal sexual activity and one count of traveling across a state line for the purpose of engaging in illicit sexual conduct.
At the plea hearing, Heath-Lowther admitted that, between December 2013 and February 2014, he traveled from Wisconsin to Iowa for the purpose of engaging in illicit sexual conduct and transported a minor from Iowa to Wisconsin with the intent to engage in criminal sexual activity.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Heath-Lowther was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing. Heath-Lowther faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $500,000 fine, a $200 special assessment, and at least five years and up to life on supervised release following any imprisonment.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Federal Bureau of Investigation, the Platteville, Wisconsin, Police Department, and the Maquoketa Police Department.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 14-1014.
Wichita Chiropractor Sentenced in Health Care Fraud CaseRead the Press Release
TOPEKA, KAN. – A Wichita chiropractor was sentenced Monday to five years in federal prison for defrauding health care insurers, U.S. Attorney Barry Grissom said. He also was ordered to pay restitution of more than $1.8 million.
Jeffrey D. Fenn, 33, Wichita, Kan., pleaded guilty to one count of health care fraud, two counts of aggravated identity theft and one count of tax evasion. In his plea, he admitted that from March 2011 to October 2013 he executed a health care fraud scheme through his businesses, including Wichita Health and Wellness, Fenn Chiropractic, P.A. and Wichita Pain Associates, P.A. Fenn submitted false claims to Medicare, Blue Cross/Blue Shield of Kansas and Coventry Health Care of Kansas, Inc., and the Federal Employees Health Benefits Program.
Chiropractors have a limited scope of practice. They are not allowed to perform injections, dispense drugs or supervise ARNPs and physicians. Fenn developed what he called an “integrated practice,” hiring physicians, advanced registered nurse practitioners and physical therapists and ostensibly having them perform procedures he was not qualified to perform. He misrepresented to the Kansas Board of Healing Arts that medical doctors had an ownership in his clinic. He used the names of physicians he employed to submit false claims for services.
Fenn fraudulently billed for nerve conduction tests, nerve block injections, subcutaneous infiltrate proceedings, fine needle aspirations and ultrasound procedures.
He also made fraudulent claims for business and personal income taxes. For example, he claimed a $9,400 business expense for purchasing a server. In fact, he spent the money to make a down payment on a residential lot in Wichita. He claimed a $15,100 expense for advertising. In fact he used the money to make a down payment on a ski boat.
Grissom commended Health and Human Services, Office of Inspector General, Office of Investigations, the FBI, Defense Criminal Investigative Service, the Food and Drug Administration, the Internal Revenue Service and Assistant U.S. Attorney Tanya Treadway for their work on the case.
Walthill Man Sentenced for Shooting a Bald Eagle and Rough Legged HawkRead the Press Release
United States Attorney Deborah R. Gilg announced today that Lamar Bertucci, Sr., age 45 of Walthill, Nebraska, was sentenced for his violations of the Bald and Golden Eagle Act and the Migratory Bird Treaty Act. Senior United States District Court Judge Lyle E. Strom sentenced Bertucci to eight months of imprisonment to be followed by one year of supervised release. Bertucci was further ordered to pay restitution of $6,500.
On February 10, 2014, residents of Macy, Nebraska, heard gunshots and observed a car in a field where two bald eagles were located. Fearing that the eagles were being shot, the residents called law enforcement. A tribal game warden was in the area and responded to the scene as the car was exiting the field. A brief chase ensued and Bertucci was arrested after his vehicle developed mechanical problems. A search of the vehicle yielded a dead bald eagle. A trace of the route the car had traveled yielded a rifle and a rough legged hawk which had been recently shot. Bertucci admitted to shooting both the eagle and the hawk.
At the time of sentencing, Bertucci objected to the method used by the government to value the bald eagle and the hawk in determining the applicable sentencing guideline range. Judge Strom denied Bertucci’s objections and announced his sentencing guideline calculations were the same as the Probation Office’s calculations. In this respect, the Presentence Investigation Report placed a value of $10,000 per bald eagle and $1,750 per hawk. However, for the separate purposes of restitution, after considering Bertucci’s financial circumstances, Judge Strom announced that he was imposing an order of restitution in the amount of $6,500 which consisted of $5,000 for the bald eagle count and $1,500 for the rough legged hawk count.
Bertucci had been charged in March of 2009 with similar violations of the Bald and Golden Eagle Act and the Migratory Bird Treaty Act. He pleaded guilty to one count of possession of bald eagle feathers and was sentenced on October 14, 2009.
This case was investigated by the Federal Bureau of Investigation and the U.S. Fish & Wildlife Service.
United States Reaches Settlement with Hyundai and Kia in a Historic Greenhouse Gas Enforcement CaseRead the Press Release
The Department of Justice and the U.S. Environmental Protection Agency (EPA) today announced a historic settlement with the automakers Hyundai and Kia that will resolve alleged Clean Air Act violations based on their sale of close to 1.2 million vehicles that will emit approximately 4.75 million metric tons of greenhouse gases in excess of what the automakers certified to EPA.
The automakers will pay a $100 million civil penalty, the largest in Clean Air Act history, to resolve violations concerning the testing and certification of vehicles sold in America and spend approximately $50 million on measures to prevent any future violations. Hyundai and Kia will also forfeit 4.75 million greenhouse gas emission credits that the companies previously claimed, which are estimated to be worth over $200 million. Automakers earn greenhouse gas emissions credits for building vehicles with lower emissions than required by law. These credits can be used to offset emissions from less fuel efficient vehicle models or sold or traded to other automakers for the same purpose. The greenhouse gas emissions that the forfeited credits would have allowed are equal to the emissions from powering more than 433,000 homes for a year.
“This unprecedented resolution with Hyundai and Kia underscores the Justice Department’s firm commitment to safeguarding American consumers, ensuring fairness in every marketplace, protecting the environment, and relentlessly pursuing companies that make misrepresentations and violate the law,” said Attorney General Eric Holder. “This type of conduct quite simply will not be tolerated. And the Justice Department will never rest or waver in our determination to take action against any company that engages in such activities – whenever and wherever they are uncovered.”
“Greenhouse gas emission laws protect the public from the dangers of climate change, and today’s action reinforces EPA’s commitment to see those laws through,” said EPA Administrator Gina McCarthy. “Businesses that play by the rules shouldn’t have to compete with those breaking the law. This settlement upholds the integrity of the nation’s fuel economy and greenhouse gas programs and supports all Americans who want to save fuel costs and reduce their environmental impact.”
The complaint was filed today jointly by the United States and the California Air Resources Board in the U.S. District Court for the District of Columbia. It alleges that the car companies sold close to 1.2 million cars and SUVs from model years 2012 and 2013 whose design specifications did not conform to the specifications the companies certified to EPA, which led to the misstatements of greenhouse gas emissions. These allegations concern the Hyundai Accent, Elantra, Veloster and Santa Fe vehicles and the Kia Rio and Soul vehicles.
Additionally Hyundai and Kia gave consumers inaccurate information about the real-world fuel economy performance of many of these vehicles. Hyundai and Kia overstated the fuel economy by one to six miles per gallon, depending on the vehicle. Similarly, they understated the emissions of greenhouse gases by their fleets by approximately 4.75 million metric tons over the estimated lifetime of the vehicles.
In order to reduce the likelihood of future vehicle greenhouse gas emission miscalculations, Hyundai and Kia have agreed to reorganize their emissions certification group, revise test protocols, improve management of test data and enhance employee training before they conduct emissions testing to certify their model year 2017 vehicles. In the meantime, Hyundai and Kia must audit their fleets for model years 2015 and 2016 to ensure that vehicles sold to the public conform to the description and data provided to EPA.
EPA discovered these violations in 2012 during audit testing. Subsequent investigation revealed that Hyundai’s and Kia’s testing protocol included numerous elements that led to inaccurately higher fuel economy ratings. In processing test data, Hyundai and Kia allegedly chose favorable results rather than average results from a large number of tests.
In November 2012, Hyundai and Kia responded to the EPA’s findings by correcting the fuel economy ratings for many of their 2011, 2012 and 2013 model year vehicles and establishing a reimbursement program to compensate owners for increased fuel costs due to overstated fuel economy.
This case involves five different entities: Hyundai Motor Company, Hyundai Motor America, Kia Motors Corporation, Kia Motors America and Hyundai America Technical Center Inc.
The California Air Resources Board joined the United States as a co-plaintiff in this settlement, and will receive $6,343,400 of the $100 million civil penalty.
The proposed consent decree is subject to a 30-day public comment period and court review and approval. A copy of the consent decree is available on the Department of Justice website at www.justice.gov/enrd/Consent_Decrees.html.
For more information http://www2.epa.gov/enforcement/hyundai-and-kia-clean-air-act-settlement
United States Attorneys Offices AvailableTo Receive Election ComplaintsRead the Press Release
Preet Bharara and Loretta Lynch, the United States Attorneys for the Southern and Eastern Districts of New York, respectively, announced today that special telephone numbers have been set up to receive complaints of possible violations of federal election laws relating to the upcoming general elections in New York City and other counties in their districts.
The United States Attorneys said that their Offices will be available to receive complaints at the following numbers on Tuesday, November 4, 2014:
(212) 637-0840 (for Manhattan, Bronx, and Dutchess, Orange, Putnam, Rockland, Sullivan and Westchester counties) and
(718) 254-7000 (for Brooklyn, Queens, Staten Island, and Nassau and Suffolk counties)
In addition, complaints of possible violations of federal election laws may be made directly to the Federal Bureau of Investigation at (212) 384-1000.
A spokesperson for the United States Attorneys said that the enforcement of federal laws protecting the rights of all eligible persons to vote for the candidates of their choice is a high priority of the Department of Justice.
It is unlawful under federal law to deny or abridge anyone's right to vote because of race, color or national origin. Federal laws also require local election authorities to make voting accessible to disabled and elderly voters. Voters who require assistance because of blindness, disability or inability to read and write have the right to receive such assistance from a person of their own choosing. In counties with substantial numbers of non-English speaking voters, federal laws prohibit the denial or abridgement of a voter’s ability to participate in the election process in certain languages other than English (i.e., Spanish, Chinese, Korean).
In addition, certain activities designed to subvert the integrity of the election process are federal crimes. It is a federal crime, for example, to deprive citizens of their right to fair elections or to conspire to do so. Specific election laws also make it a crime to bribe or intimidate voters, to cause ballots to be cast fraudulently in the names of individuals who did not vote (“ballot stuffing”), to vote more than once, or to alter or falsely report the vote count. It can also be a federal offense to challenge qualified voters without cause and in bad faith, or to harass persons seeking to vote for the purpose of discouraging their vote.
The spokesperson said that the ability of federal law enforcement authorities to detect and eliminate improper restrictions on voting rights and to prosecute election fraud depends to a large extent on the watchfulness and cooperation of the voters. It is therefore imperative that those who have been asked to participate in illegal election practices, who have been the subject of such practices, who have observed such practices, or who have information bearing on such practices, make that information known promptly to the FBI or the United States Attorneys Offices at the telephone numbers listed above.
The United States Attorneys also noted that the following additional telephone numbers are available on Election Day for citizens to call for routine inquiries, such as where to vote or how late the polls are open, or to register complaints that may concern violations of New York State election laws:
IN NEW YORK CITY
City Board of Elections
Main Office (212) 487-5300
(212) 868-3692
Bronx (718) 299-9017
Brooklyn (718) 797-8800
Manhattan (212) 886-2100
Queens (718) 730-6730
Staten Island (718) 876-0079
IN COUNTIES OUTSIDE NEW YORK CITY
County Boards of Elections
Dutchess (845) 486-2473
Nassau (516) 571-2411
Orange (845) 291-2444
Putnam (845) 808-1300
Rockland (845) 638-5172
Suffolk (631) 852-4500
Sullivan (845) 794-3000
Westchester (914) 995-5700
Assistant United States Attorney DAVID J. KENNEDY is responsible for overseeing the handling of complaints of voting rights abuses and election fraud for the Southern District of New York.
Assistant United States Attorney MARISA SEIFAN is responsible for overseeing the handling of complaints of voting rights abuses and election fraud for the Eastern District of New York.
U.s. Attorney Designates District Officer to Handle Voting Rights Complaints for November 4th ElectionsRead the Press Release
U.S. Attorney Kenneth A. Polite announced today that Assistant U.S. Attorney Irene Gonzàlez will lead the efforts of her Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming general elections on November 4, 2014. AUSA Gonzàlez has been appointed to serve as the District Election Officer (DEO) for the Eastern District of Louisiana. In that capacity she is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
U.S. Attorney Polite said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on Election Day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on November 4, 2014, and to ensure that such complaints are directed to the appropriate authorities United States Attorney Polite stated that AUSA Irene Gonzàlez will be on duty in this District while the polls are open. She can be reached by the public at the following telephone numbers: (504) 680-3000 and (504) 680-3077.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on Election Day. The local FBI field office can be reached by the public at (504) 816-3000.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington by phone at (800) 253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
U.S. Attorney Polite said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.”
U.S. Attorney's Office Reminds New Jersey Voters to Use Election Day Hotline for Complaints of Voting Irregularities or AbusesRead the Press Release
NEWARK, N.J. – Tuesday, Nov. 4, 2014, is New Jersey’s general election, and U.S. Attorney Paul J. Fishman is reminding voters to use the Election Day Hotline if they suspect voter fraud. The U.S. Attorney’s Office will receive and respond to reports of election irregularities, voter intimidation or any other activities that would interfere with a citizen’s right to vote. The Election Day Hotline – (888) 636-6596 – is active now through Nov. 5, 2014, and will be staffed live on Election Day in English and in Spanish.
The Department of Justice and federal law enforcement partners will work with county boards of election and the New Jersey Attorney General’s Office to respond to complaints and direct them to the appropriate authority.
The Justice Department seeks to ensure that all qualified voters have the opportunity to cast their ballots and have their votes counted, without discrimination, intimidation or fraud.
Established in 2010, this yearly initiative is intended to foster public confidence in the integrity of the election process by providing local points of contact within the Justice Department for the public to report possible election fraud and voting rights violations while the polls are open on Election Day.
The Justice Department and federal investigative agencies, led by the FBI, work cooperatively with the state Attorney General’s Office, under the direction of Acting Attorney General John Jay Hoffman, to enforce voters’ rights at the polls.
The Department of Justice Civil Rights Division staff in Washington also will be available by phone to receive complaints related to voting rights (1-800-253-3931 toll free or 202-307-2767) or by TTY (202-305-0082). In addition, individuals may also report complaints, problems, or concerns related to voting by fax to 202-307-3961, by email to [email protected], and, by complaint forms that may be submitted through a link on the Department’s website, at http://www.justice.gov/crt/complaint/votintake/index.php.14-390
U.S. Attorney's Office for the District of Colorado to Have Election Officer in Place to Field Voter ComplaintsRead the Press Release
DENVER – United States Attorney John Walsh announced that Assistant U.S. Attorney Thomas O’Rourke will lead the efforts of the office as District Election Officer in connection with the Justice Department’s nationwide Election Day Program for tomorrow’s pending election. Assistant U.S. Attorney O’Rourke will be responsible for overseeing the District of Colorado’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington. Mr. O’Rourke has held this position for well over 15 years.
United States Attorney Walsh said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department of Justice for the public to report possible election fraud and voting rights violations while ballots are being accepted on election day.
In order to respond to complaints of election fraud or voting rights abuses on November 4, 2014, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Walsh stated that Assistant U.S. Attorney O’Rourke will be on duty in Colorado while the polls are open. He can be reached by members of the public by calling 303-454-0209.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The Denver FBI field office can be reached by calling 303-629-7171.
Complaints about possible violations of federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington by calling 800-253-3931 or 202-307-2767, by fax at 202-307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
U.S. Attorney Machen Announces Appointment of Election Day OfficerRead the Press Release
Part of Department of Justice Efforts
To Protect the Right to Vote and Prosecute Ballot FraudWASHINGTON - U.S. Attorney Ronald C. Machen Jr. today announced the appointment of Assistant U.S. Attorney Jonathan P. Hooks to lead the efforts of the U.S. Attorney’s Office for the District of Columbia in connection with the Justice Department’s nationwide Election Day program for the Nov. 4, 2014 general election.
Mr. Hooks will serve as the District Election Officer for the District of Columbia. In that capacity, he is responsible for overseeing the handling of complaints of election fraud and voting rights abuses in the District of Columbia, in consultation with Justice Department headquarters.
“Over the past several years, we have been aggressive in our efforts to protect the integrity of elections in the District of Columbia,” said U.S. Attorney Machen. “Ensuring free and fair elections depends on citizens coming forward with information about discrimination or election fraud. We ask that citizens remain vigilant about protecting the democratic process and immediately make any specific information available to the U.S. Attorney’s Office, the FBI, or the Civil Rights Division.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur.
The Justice Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact for the public to report possible election fraud and voting rights violations.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are being done to uncover illegal voting, may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballots or to be assisted by a person of their choice.
In order to respond to complaints of election fraud or voting rights abuses, and to ensure that such complaints are directed to the appropriate authorities, Mr. Hooks will be on duty in the District of Columbia while the polls are open. He can be reached by the public at 202-252-6801.
Nationally, the FBI has Special Agents in each Field Office and Resident Agency throughout the country to receive allegations of election fraud and other election abuses. In the District of Columbia, the FBI’s Washington Field Office can be reached at 202-278-2000.
Complaints about ballot access problems or discrimination can be made directly to the Justice Department’s Civil Rights Division’s Voting Section in Washington. Civil Rights Division staff will be available by phone to receive complaints related to voting rights (1-800-253-3931 toll free or 202-307-2767) or by TTY (202-305-0082). In addition, individuals may also report complaints, problems, or concerns related to voting by fax to 202-307-3961, by email to [email protected], and, by complaint forms that may be submitted through a link on the Department’s website, at http://www.justice.gov/crt/about/vot.
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U.S. Attorney Carter Stewart Appoints District Election OfficersRead the Press Release
COLUMBUS -- United States Attorney Carter M. Stewart announced today that he has designated Election Officers in each of the district’s three offices who will lead the efforts in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 4, 2014, elections.
Stewart appointed:
Columbus Branch Chief Gary Spartis,
Cincinnati Branch Chief Anthony Springer, (513) 684-3711
Dayton Branch Chief Laura Clemmens, (937) 225-2910As District Election Officers, they are responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
“It’s our duty to ensure that all qualified voters have the opportunity to cast their ballots and have their votes counted free of discrimination, intimidation, or fraud in the election process,” U.S. Attorney Stewart said.The U.S. Attorney’s Office, in coordination with the Department of Justice’s Public Integrity Section, is responsible for enforcing the federal criminal laws that prohibit various forms of election fraud, such as vote buying, multiple voting, submission of fraudulent ballots or registrations, destruction of ballots or registrations, alteration of votes, and malfeasance by election officials.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on Election Day. Residents can contact the Columbus FBI resident office at (614) 224-1183, the Cincinnati field office at (513) 421-4310 and the Dayton resident office at (937) 222-7485.
Civil Rights Division staff at the Department of Justice will be available by phone to receive complaints related to voting rights (1-800-253-3931 toll free or 202-307-2767) or by TTY (202-305-0082). In addition, individuals may also report complaints, problems, or concerns related to voting by fax to 202-307-3961, by email to [email protected], and, by complaint forms that may be submitted through a link on the Department’s website, at www.justice.gov/crt/about/vot/.
“Both protecting the right to vote and combating election fraud are essential to maintaining the confidence of all Americans in our democratic system of government,” Stewart said. “We encourage anyone who has information suggesting voting discrimination or ballot fraud to contact the appropriate authorities.”U.S. Attorney Announces November 4 Efforts to Protect Voting Rights, Prosecute Ballot FraudRead the Press Release
SHREVEPORT, LAFAYETTE, LAKE CHARLES, ALEXANDRIA, MONROE, La.– United States Attorney Stephanie A. Finley advises that federal staff will be available to respond to complaints of possible election fraud and other violations of voting rights during the November 4 general election.
Election-crime complaints should be directed to the local U.S. Attorney’s Office or the local FBI office. The U.S. Attorney’s Office can be reached by the public at 318-676-3600 (Shreveport) or 337-262-6618 (Lafayette). The local FBI field offices can be reached by the public at the following telephone numbers: Shreveport at 318-861-1890 or Lafayette at 337-233-2164. For a complete list of FBI field offices in Louisiana visit www.fbi.gov/neworleans/contact-us/territory-jurisdiction
Finley is joining other federal prosecutors nationwide to participate in the Department of Justice’s election-day program. The U.S. Attorney’s Office is responsible for overseeing and handling election fraud complaints and voting rights abuses in conjunction with the Justice Department.
On Nov. 4, 2014, the U.S. Attorneys’ Offices will work with specially trained FBI personnel in each district to ensure that complaints from the public involving possible voter fraud are handled appropriately. Specifically:
- In consultation with federal prosecutors at the Public Integrity Section in Washington, D.C., the District Election Officers in U.S. Attorneys’ Offices, FBI officials at headquarters in Washington, D.C., and FBI Special Agents serving as Election Crime Coordinators in the FBI’s 56 field offices will be on duty while polls are open, to receive complaints from the public.
- Public Integrity Section prosecutors are available to consult and coordinate with the U.S. Attorneys’ Offices and the FBI regarding the handling of election-crime allegations.
- Complaints related to violence, threats of violence, or intimidation at a polling place should be reported first to local police authorities by calling 911.
Both protecting the right to vote and combating election fraud are essential to maintaining the confidence of all Americans in our democratic system of government. We encourage anyone who has information suggesting voting discrimination or ballot fraud to contact the appropriate authorities.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input.
The Civil Rights Division’s Voting Section enforces the civil provisions of a wide range of federal statutes that protect the right to vote including: the Voting Rights Act; the National Voter Registration Act; the Uniformed and Overseas Citizens Absentee Voting Act; and the Help America Vote Act. Among other things, collectively, these laws:
- prohibit election practices that have either a discriminatory purpose based on race or membership in a minority language group or a discriminatory result of members of racial or language minority groups having less opportunity than other citizens to participate in the political process;
- prohibit intimidation of voters;
- provide that voters who need assistance in voting because of disability or illiteracy can obtain assistance from a person of their choice;
- require minority language election materials and assistance in certain jurisdictions;
- provide for accessible election machines for voters with disabilities;
- require provisional ballots for voters who assert they are eligible but whose names do not appear on poll books;
- provide for absentee ballots for service members, their family members and U.S. citizens living abroad;
- require states to ensure that citizens can register at drivers’ license offices, public assistance offices, other state agencies and through the mail; and
- include requirements regarding maintaining voter registration lists.
For more information on the acts that the division enforces, visit www.justice.gov/crt/about/vot/overview.php.
Civil Rights Division staff will be available by phone to receive complaints related to voting rights (1-800-253-3931 toll free or 202-307-2767) or by TTY (202-305-0082). In addition, individuals may also report complaints, problems, or concerns related to voting by fax to 202-307-3961, by email to [email protected], and, by complaint forms that may be submitted through a link on the Department’s website, at http://www.justice.gov/crt/about/vot.
U.S. Attorney and FBI to Combat Fraud, Abuses on Election DayRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Tara Tighe, Public Affairs Specialist
WHEELING, WEST VIRGINIA – Assistant U.S. Attorney Stephen Warner will lead the efforts of the U.S. Attorney’s Office for the Northern District of West Virginia in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 4, 2014, general elections, United States Attorney William J. Ihlenfeld, II, announced today.
Warner has been appointed to serve as the District Election Officer (DEO), and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington. Warner will be on duty in this District while the polls are open. He can be reached 304-636-1739 (office) or 304-644-1546 (mobile).
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on Election Day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
The FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on Election Day. The local FBI field office can be reached at 304-624-6200.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.Two Sacramento Men Receive Prison Sentences of over 17 Years & 18 Years Respectively for Roles in Attempted Robbery of Armored Vehicle GuardRead the Press Release
SACRAMENTO, Calif. — United States District Court Judge William B. Shubb today sentenced Sacramento residents Raymell Lamar Eason, 44, to 18 years and eight months in prison; and Keith Lamont Smith, 38, to 17 years and eight months in prison for conspiring to rob an armored car and attempted robbery of an armored car, U.S. Attorney Benjamin B. Wagner announced.
This case was the product of an investigation by the Sacramento Violent Crimes Task Force, which includes the Federal Bureau of Investigation, Sacramento Police Department, and the Sacramento County Sheriff’s Office. Assistant United States Attorneys William S. Wong and Michelle Rodriguez prosecuted the case.
According to court documents, on April 17, 2012, Eason and Smith planned to rob an armored car in the Wal-Mart parking lot on Florin Road in Sacramento. Having conducted surveillance on prior occasions, the two men planned to use a Taser gun on an armored car guard. They waited for the guard to leave the Wal-Mart with its currency deposits, and then Eason shot the guard with the Taser. Smith waited nearby in the getaway vehicle. However, the guard recovered faster than anticipated and was able to shoot Eason. Eason was arrested after the botched robbery, and Smith was arrested later the same day.
Both defendants were on federal supervision for prior criminal felony offenses at the time of the attempted robbery.Two Convicted Felons Sentenced for Unlawful Possession of FirearmsRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Tara Tighe, Public Affairs SpecialistMARTINSBURG, WEST VIRGINIA – Two West Virginia men with prior felony convictions were sentenced for unlawful possession of firearms, United States Attorney William J. Ihlenfeld, II, announced today.
Shaye Christopher Cole, 27, of Shenandoah Junction, West Virginia, was sentenced to 18 months in prison. He pled guilty in August 2014 to one count of “Felon in Possession of Firearm” after he was discovered with a .22 caliber rifle. He was convicted in 2008 of the felony offense of “Possession of Burglary Tools” in the Circuit Court of Frederick County, Virginia.
Jason Tyler Bland, 35, of Berkeley Springs, West Virginia, was sentenced to 37 months in prison. He pled guilty in June 2014 to one count of “Felon in Possession of Firearm” after he was discovered with a 9mm pistol. He was convicted in 2006 of the felony offenses of “Manufacture of a Controlled Substance: Marijuana” and “Delivery of a Controlled Substance: Heroin” in the Circuit Court of Morgan County, West Virginia.
Assistant U.S. Attorney Jarod Douglas prosecuted Cole on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
Assistant U.S. Attorney Paul Camilletti prosecuted Bland on behalf of the government. The Mountain State Fugitive Task Force, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the West Virginia Division of Probation and Parole investigated.
U.S. District Judge Gina M. Groh presided.
Tax Return Preparer Pleads Guilty to Filing False Tax ReturnsRead the Press Release
PHILADELPHIA – Edward J. Rorie, 50, of Philadelphia, PA, a tax return preparer, pleaded guilty today to multiple counts of criminal tax fraud. For tax years 2009 through 2011, Rorie prepared 968 federal income tax returns which sought refunds of $3.85 million. The bogus refund claims were based on various tax credits which were part of the 2009 American Reinvestment Act, in addition to inflated and fictitious medical, dental and miscellaneous expenses. Rorie faces a maximum sentence of 75 years in prison, a $2,500 special assessment, and a fine of up to $6.25 million dollars. U.S. District Court Judge Anita B. Brody scheduled a sentencing hearing for February 11, 2015.
In preparing the fraudulent returns, Rorie variously claimed expense deductions and tax credits to which the filers not entitled to receive. The tax credits included the First Time Home Buyer Tax Credit, The Hope Tax Credit, The Earned Income Tax Credit, Education Credits, The Child Care Tax Credits and The Recovery Act’s Additional Child care Credit. The alleged loss to the Internal Revenue Service was at least $100,000.
The case was investigated by Internal Revenue Service Criminal Investigations and is being prosecuted by Assistant United States Attorney Floyd J. Miller.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Shiprock Man Pleads Guilty to Federal Assault ChargesRead the Press Release
Defendant Prosecuted as Part of Federal Initiative to Address
the Epidemic Incidence of Violence Against Native WomenALBUQUERQUE – Algar Horsechief, 27, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty this morning to two federal assault charges. During today’s hearing, Horsechief admitted assaulting his intimate partner by strangulation. He also admitted assaulting another woman and causing her serious bodily injury.
Horsechief was arrested on Aug. 1, 2014, on a criminal complaint charging him with assaulting his intimate partner, a Navajo woman, by strangulation, and also with assaulting her with a dangerous weapon, a wooden stick, with intent to cause bodily harm. Horsechief also was charged with assaulting a second victim, another Navajo woman, and causing her serious bodily injury. According to the indictment, Horsechief committed the crimes on the Navajo Indian Reservation in San Juan County, N.M., on July 24, 2014.
On Aug. 26, 2014, Horsechief was indicted and charged with (1) assault of an intimate partner by strangulation; (2) assault with a dangerous weapon; and (3) assault resulting in serious bodily injury.
Today, Horsechief entered guilty pleas to Counts 1 and 3 of the indictment. In his plea agreement, Horsechief admitted assaulting his intimate partner by biting her left hand, dragging her on the ground by her hair, and strangling her and impeding her breathing. Horsechief also admitted assaulting a second victim by placing his hands around her neck and strangling her until she lost consciousness.
Horsechief has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. Under the terms of his plea agreement, Horsechief will be sentenced to a federal prison term within the range of 36 to 50 months, and a term of supervised release to be determined by the court.
This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety with assistance from the Farmington office of the FBI, and is being prosecuted by Assistant U.S. Attorney David Adams.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Rochester Woman Charged with Obtaining Passport Through FraudRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Jennifer Gilbert, 47, of Rochester, NY, was arrested and charged by criminal complaint with making false statements in a passport application. The charge carries a maximum sentence of 10 years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney John J. Field, who is handling the matter, stated that Gilbert applied for a passport in 2007 using the name and identification of another individual, Lena B.W. In May 2014, Lena B.W. applied for a passport for herself which triggered a review of the 2007 application Gilbert submitted and resulted in defendant’s fraud being discovered.
The criminal complaint is the culmination of an investigation by Special Agents the United States Department of State, under the direction of William Ferrari.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Marian W. Payson. Gilbert is due back in court on December 3, 2014, at 9:00 am.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Rochester Man Sentenced for Cocaine TraffickingRead the Press Release
ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Freddy Quintana, 27, of Rochester, NY, who was convicted of conspiracy to possess with intent to distribute five kilograms or more of cocaine and possession of a firearm in furtherance of a drug trafficking crime, was sentenced to 108 months in prison by U.S. District Judge Charles J. Siragusa. Quintana was also ordered to forfeit $7,900.00 in United States currency and a 9mm pistol and rounds of ammunition.
Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that Quintana and other members of the conspiracy were responsible for the distribution of significant quantities of cocaine and crack cocaine throughout the Rochester area. The cocaine was transported by vehicle from Pennsylvania. The investigation involved court-authorized wire taps and resulted in the arrest of 10 defendants between May and October 2012. To date, all defendants have been convicted. The money and gun being forfeited by the defendant were seized by law enforcement at 44 Hebard Street in Rochester on May 30, 2012.
The sentencing is the culmination of an investigation on the part of Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Acting Special Agent in Charge James S. Higgins, New York Field Office, Investigators of the Rochester Police Department, under the direction of Chief Michael Ciminelli and the Monroe County District Attorney's Office, under the direction of Sandra Doorley.Rochester Man Sentenced on Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that James Hardaway, Jr., a/k/a Jabber, 31, of Rochester, NY, who was convicted of conspiracy to possess with intent to distribute and to distribute 28 grams or more of crack cocaine, was sentenced to 125 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that Hardaway, his cousin Sekou Howard, and others purchased large quantities of powder cocaine which was then processed into crack cocaine, packaged, and resold in various quantities in Rochester. The defendant and Howard were arrested on January 16, 2014 at 80 Ambrose Street in Rochester after attempting to flee law enforcement officers executing a search warrant at the address. Inside 80 Ambrose Street, officers seized crack cocaine packaged for street sale, paraphernalia for weighing, processing and packaging narcotics, and several rounds of .38 caliber handgun ammunition.
Howard was convicted and sentenced to 168 months in prison.
The sentencing is the culmination of an investigation by Rochester Police Department, under the direction of Chief Michael Ciminelli and the Federal Bureau of Investigation.
Rochester Man Pleads Guilty to Drug ChargesRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that James Hardaway, Jr., a/k/a Jabber, 30, of Rochester, NY, pleaded guilty before U.S. District Judge Frank P. Geraci, Jr. to conspiracy to possess with intent to distribute and to distribute 28 grams or more of crack cocaine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, a fine of $8,000,000 or both.
Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that Hardaway and others purchased large quantities of powder cocaine which was then processed into crack cocaine, packaged, and resold in various quantities in Rochester. The defendant was arrested on January 16, 2014 at 80 Ambrose Street in Rochester after attempting to flee law enforcement officers executing a search warrant at the address. Inside 80 Ambrose Street, officers seized crack cocaine packaged for street sale, paraphernalia for weighing, processing and packaging narcotics, and several rounds of .38 caliber handgun ammunition.
The conviction is the culmination of an investigation by Rochester Police Department, under the direction of Chief Michael Ciminelli and the Federal Bureau of Investigation.
Sentencing is scheduled for February 2, 2015 at 3:00 pm before Judge Geraci.Property Manager Who Defrauded Owner of Bridgeport Apartment Complex Is SentencedRead the Press Release
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The United States Attorney for the District of Connecticut announced that ANTHONY TESTO, 67, of Monroe, and his company, ACT Builders, Inc., were sentenced today by U.S. District Judge Robert N. Chatigny in Hartford for defrauding a Bridgeport-based residential property owner. TESTO was ordered to serve five months in community confinement (halfway house), followed by three years of supervised release, the first six months of which must be served in home confinement. He was also ordered to a pay a fine of $18,000. ACT Builders was sentenced to five years of probation.
According to court documents and statements made in court, TESTO and ACT Builders were contracted to serve as a property manager for an entity in Bridgeport that owned an apartment complex and several single and multi-family residences. TESTO’s role as property manager included filling vacant rental units, setting rental amounts, collecting security deposits, collecting rent from tenants and depositing rental payments in the property owner’s bank account. TESTO also was required to submit to the property owner a monthly “rent roll,” which was a spreadsheet showing the occupancy of the rental units, the rental amounts due and the rental payments collected from tenants. Thomas Ragonese provided accounting services to TESTO and ACT Builders. At TESTO’s instruction, Ragonese prepared the rent rolls.
From approximately January 2007 to August 2010, TESTO and ACT Builders, with Ragonese’s assistance, defrauded the property owner by submitting fraudulent rent rolls that misrepresented that certain rental units were vacant with no rent due when, in fact, the apartments were occupied and rent had been collected. The rent rolls also misrepresented that the rent due and collected for certain rental units was lower than the amount that was actually collected. TESTO deposited rental income that was due to the property owner into both his personal bank account and the ACT Builders bank account.
Through this scheme, and also by submitting fraudulent subcontractor invoices to the property owner, TESTO defrauded the property owner of at least $275,000.
In addition, for the 2007 through 2010 tax years, Ragonese prepared Testo’s federal tax returns, which failed to report the rental income that TESTO kept for his own use and benefit. This resulted in a tax loss to the Internal Revenue Service of $71,795.
As part of his sentence, TESTO was ordered to pay $275,000 in restitution to the victim, and $71,795, plus applicable penalties and interest, to the IRS.
On June 20, 2014, TESTO pleaded guilty to one count of conspiracy to commit wire fraud and one count of assisting in the preparation and filing of a false tax return, and ACT Builders pleaded guilty to one count of conspiracy to commit wire fraud.
On July 18, 2014, Ragonese, of Trumbull, pleaded guilty to one count of aiding and assisting the preparation and filing of a false tax return. He awaits sentencing.
This matter was investigated by the Federal Bureau of Investigation and the Internal Revenue Service – Criminal Investigation Division. The case is being prosecuted by Assistant U.S. Attorney Felice Duffy.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]Portales Man Sentenced to Federal Prison for Failing to Update Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Rodger Ernest Andrew Taylor, 67, was sentenced on Friday in federal court in Las Cruces, N.M., to 24 months in federal prison followed by five years of supervised release for failing to comply with the Sex Offender Registration and Notification Act (SORNA). Taylor, a resident of Portales, N.M., also was ordered to pay a $10,000.00 fine. He will be required to register as a sex offender after he completes his prison sentence.
SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations.Taylor was arrested in Nov. 2013, on a criminal complaint charging him with violating SORNA by failing to update his sex offender registration. On Feb. 19, 2014, Taylor was indicted and charged with failing to update his sex offender registration in Roosevelt County, N.M., between Oct. 2011 and Aug. 2012. Taylor pled guilty to the indictment on June 19, 2014.
According to court filings, Taylor was convicted of a sex offense in Sept. 2000, in Washington state and was sentenced to 15 months of imprisonment. As part of his sentence, Taylor was required to register as a sex offender and update his registration with the sheriff of the county where he maintained his residence. Within three days if he established a new residence, Taylor was required to notify the sheriff of the county of his prior residence and the sheriff of the county of his new residence.
In entering his guilty plea, Taylor admitted that between Oct. 2011 and Aug. 2012, he lived in Roosevelt County, N.M., but failed to notify the sheriff of that county that he was residing in the county. Taylor also admitted failing to notify the authorities in Washington state that he had relocated to New Mexico.
This case was investigated by the Las Cruces office of the U.S. Marshals Service and was prosecuted by Assistant U.S Attorney Amanda L. Gould of the U.S. Attorney’s Las Cruces Branch Office.Point Pleasant Man Admits Defrauding Elderly CoupleRead the Press Release
Defendant swindled victims out of more than $210,000 in bogus investment scheme
Huntington, W.Va. – A Point Pleasant man today admitted defrauding two elderly victims of more than $210,000 in a bogus investment scheme, United States Attorney Booth Goodwin announced. Mark Anthony, 40, of Point Pleasant, West Virginia, pleaded guilty to mail fraud in a hearing before Chief United States District Judge Robert C. Chambers.
Anthony admitted that over a span of nearly 10 years, he deceived an elderly Point Pleasant couple into believing that he was a licensed investment representative who would invest their money in high-yielding annuities and money-market accounts. The couple gave him more than $210,000 of their savings to invest, with the wife continuing to give Anthony money for supposed investments after her husband passed away. Instead of investing the money, Anthony stole it, spending the couple’s nest egg to buy things for himself and pay personal expenses. Occasionally, Anthony mailed the couple a small check that he pretended was a return on their investments, but which actually was Anthony’s own money that he sent to keep them on the hook. Anthony also mailed the couple fake tax forms that pretended to show their income from investments Anthony had made for them.
“Protecting West Virginia’s senior citizens from scams like this has been a priority for me from day one,” said U.S. Attorney Goodwin. “This case is a reminder to stay vigilant. There are plenty more scammers out there like this defendant, who may seem trustworthy but are really out to separate people from their hard-earned savings. Always be wary of any deal that seems too good to be true.”
U.S. Attorney Goodwin’s website provides information for seniors to avoid becoming victims of fraud and other crimes: http://www.justice.gov/usao/wvs/Safe-senior-brochure.pdf.
Anthony faces up to 20 years in prison when he is sentenced on February 17, 2015.
The West Virginia State Police Bureau of Criminal Investigation and the FBI investigated the case. Counsel to the United States Attorney Steve Ruby and Assistant United States Attorney Gabriele Wohl are handling the prosecution.
Ohio Woman and Three WV Natives Sentenced for Drug TraffickingRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Tara Tighe, Public Affairs SpecialistWHEELING, WEST VIRGINIA – A Shadyside, Ohio woman and three West Virginia residents were sentenced for drug trafficking offenses, United States Attorney William J. Ihlenfeld, II, announced today.
Katherine Hungerman, 45, of Shadyside, Ohio, was sentenced to 46 months in prison after she conspired to distribute oxycodone, cocaine, and buprenorphine, a pain medication used to treat opioid dependence. She pled guilty in June 2014 to one count of “Conspiracy to Distribute Schedule II and Schedule III Controlled Substances.”
Megan Brak, 28, of Wheeling, West Virginia, was sentenced to 33 months in prison. Brak pled guilty in September 2013 to one count of “Conspiracy to Distribute Cocaine Base and Heroin”
Richard W. Hercules, 50, of McMechon, West Virginia, was sentenced to 10 months in prison. He pled guilty in June 2014 to one count of “Aiding and Abetting the Distribution of Oxycodone.”
Michael Coppa, 48, of Wheeling, West Virginia, was sentenced to five months in prison. He pled guilty in June 2014 to one count of “Aiding and Abetting the Distribution of Cocaine.”
Assistant U.S. Attorney John Parr prosecuted Hercules, Hungerman, and Coppa on behalf of the government. An investigation by the U.S. Drug Enforcement Administration and the Ohio Valley Drug and Violent Crime Task Force, a HIDTA-funded initiative, revealed their involvement in a prescription painkiller and cocaine distribution organization.
Assistant U.S. Attorney Randy Bernard prosecuted Brak on behalf of the government. The West Virginia State Police and the Ohio Valley Drug and Violent Crime Task Force investigated.
Senior U.S. District Judge Frederick P. Stamp presided.
Ohio Heroin Dealer to Serve Federal Prison SentenceRead the Press Release
CHARLESTON, W.Va. – An Ohio man who twice sold heroin to an informant in Parkersburg, West Virginia was sentenced today to serve a year and a half in federal prison, announced United States Attorney Booth Goodwin. Keith Irons, 24, of Cleveland, Ohio, previously pleaded guilty in April of 2014 to distribution of heroin. On October 3 and 6, 2013, investigators from the Aggressive Crimes Enforcement (ACE) Task Force in Parkersburg used an informant to purchase $2,950.00 worth of heroin from Irons.
The investigation of Irons was part of a larger effort by ACE and the Parkersburg Narcotics and Violent Crimes Task Force (PNTF) to dismantle a large heroin distribution ring involving individuals from Chicago, Illinois and Marion, Ohio. Irons is one of six individuals prosecuted in federal court as a part of the investigation.
This case was investigated by the ACE and the PNTF. Assistant United States Attorney Joshua Hanks handled the prosecution.
The case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
North Carolina Man Sentenced for Killing U.S. Marshals Task Force OfficerRead the Press Release
Lamont Deshawn Byrd was sentenced today in federal court in Raleigh, North Carolina, to serve life in prison for committing first degree murder of an Officer of the United States, announced U.S. Attorney Thomas G. Walker for the Eastern District of North Carolina. Byrd, 22, pleaded guilty on Aug. 4, 2014, to killing Warren Basco “Sneak” Lewis III with premeditation and malice on June 9, 2011. Lewis was an investigator with the Nash County Sheriff’s Office who was also a sworn special deputy United States marshal assigned to the Eastern North Carolina Regional Fugitive Task Force.
The investigation began on June 2, 2011, in Kinston, North Carolina when officers responded to a shots fired call and found homicide victim Thomas Terrell Hinton fatally shot in the chest. The investigation determined that Byrd, Kion Tyearl Dail and two additional juveniles murdered Mr. Hinton and then stole his bicycle. Murder warrants were issued for the arrest of the aforementioned individuals and law enforcement began looking for the suspects.
On June 9, 2011, Kinston officers, along with U.S. Deputy Marshals attempted to locate the suspects utilizing warrants and executed a search warrant at 602-A West Lenoir Avenue, Kinston, North Carolina. This address is a residence which has been converted into three separate apartments; one upstairs and two downstairs. Although it appeared that 602-A had been inhabited, the apartment was now empty. However, two shotguns were located. Laboratory testing revealed that Byrd had possessed the weapons. Earlier Byrd and several others had moved to Apt B downstairs.
Later that day, after developing additional information, law enforcement officers went back to the Lenoir Avenue apartments. While searching for the suspects, law enforcement officers announced their presence. As Investigator Lewis was coming down the stairs from the upstairs apartment, Byrd shot three times through the closed door, striking the deputy all three times. After realizing he had shot an officer, Byrd was heard to utter, “See what you made me do?” Byrd then handed the weapon to another individual to hide. After a 20-minute stand-off, the individuals came out. The weapon, a Berretta .40 caliber semi-automatic pistol, was found in a banker’s box in a closet, with Byrd’s DNA on it. The weapon had been stolen from a residence three weeks prior.
Investigator Lewis was transported to the hospital where he later died from his injuries.
“The death of Special Deputy Lewis is a tragedy for his family and all of us in the law enforcement community,” said U.S. Attorney Walker;
“As a key member of the Eastern North Carolina Regional Fugitive Task Force, Special Deputy U. S. Marshal Warren Lewis was a vital part of the U. S. Marshals’ family, just as he was with the Nash County Sheriff’s Office,” said Director Stacia Hylton of the U.S. Marshals Service. “Warren Lewis will always be remembered to us and the entire law enforcement community as a hero and for making the ultimate sacrifice to protect others. We hope that with this sentencing that Warren Lewis’ family can start to feel a small level of peace and closure after suffering their tragic loss.”
“Today’s sentencing is the result of a tragedy and loss of human life that was not necessary,” said ATF Special Agent in Charge Wayne Dixie. “Anyone that uses a firearm to commit a violent criminal act, especially the murder of a law enforcement officer, will be held accountable for their actions. We will continue to use all of our resources to prosecute those that choose to commit this type of heinous act.”
“Law enforcement officers put their lives on the line every day to protect our communities, and they deserve our respect and gratitude,” said North Carolina Attorney General Roy Cooper. “The death of Investigator Lewis was a tremendous loss to his family and our community and the end of this case helps bring justice.”
“The Lewis family and the State of North Carolina lost a true hero,” said Director Bill Johnson of the Kinston Department of Public Safety. “I wish to thank the many individuals and agencies for their assistance in the effort to see justice done.”
According to the plea agreement, Byrd has also pleaded guilty to murder charges in state court and is awaiting sentencing.
The investigation was conducted by the North Carolina State Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Kinston Department of Public Safety.
The prosecution is being handled by Assistant U.S. Attorney Jane J. Jackson and Imelda J. Pate, Assistant District Attorney for the Eighth District.
North Carolina Man Sentenced for Killing U.S. Marshals Task Force OfficerRead the Press Release
WASHINGTON – Lamont Deshawn Byrd was sentenced today in federal court in Raleigh, North Carolina, to serve life in prison for committing first degree murder of an Officer of the United States, announced U.S. Attorney Thomas G. Walker for the Eastern District of North Carolina. Byrd, 22, pleaded guilty on Aug. 4, 2014, to killing Warren Basco “Sneak” Lewis III with premeditation and malice on June 9, 2011. Lewis was an investigator with the Nash County Sheriff’s Office who was also a sworn special deputy United States marshal assigned to the Eastern North Carolina Regional Fugitive Task Force.
The investigation began on June 2, 2011, in Kinston, North Carolina when officers responded to a shots fired call and found homicide victim Thomas Terrell Hinton fatally shot in the chest. The investigation determined that Byrd, Kion Tyearl Dail and two additional juveniles murdered Mr. Hinton and then stole his bicycle. Murder warrants were issued for the arrest of the aforementioned individuals and law enforcement began looking for the suspects.
On June 9, 2011, Kinston officers, along with U.S. Deputy Marshals attempted to locate the suspects utilizing warrants and executed a search warrant at 602-A West Lenoir Avenue, Kinston, North Carolina. This address is a residence which has been converted into three separate apartments; one upstairs and two downstairs. Although it appeared that 602-A had been inhabited, the apartment was now empty. However, two shotguns were located. Laboratory testing revealed that Byrd had possessed the weapons. Earlier Byrd and several others had moved to Apt B downstairs.
Later that day, after developing additional information, law enforcement officers went back to the Lenoir Avenue apartments. While searching for the suspects, law enforcement officers announced their presence. As Investigator Lewis was coming down the stairs from the upstairs apartment, Byrd shot three times through the closed door, striking the deputy all three times. After realizing he had shot an officer, Byrd was heard to utter, “See what you made me do?” Byrd then handed the weapon to another individual to hide. After a 20-minute stand-off, the individuals came out. The weapon, a Berretta .40 caliber semi-automatic pistol, was found in a banker’s box in a closet, with Byrd’s DNA on it. The weapon had been stolen from a residence three weeks prior.
Investigator Lewis was transported to the hospital where he later died from his injuries.
“The death of Special Deputy Lewis is a tragedy for his family and all of us in the law enforcement community,” said U.S. Attorney Walker;
“As a key member of the Eastern North Carolina Regional Fugitive Task Force, Special Deputy U. S. Marshal Warren Lewis was a vital part of the U. S. Marshals’ family, just as he was with the Nash County Sheriff’s Office,” said Director Stacia Hylton of the U.S. Marshals Service. “Warren Lewis will always be remembered to us and the entire law enforcement community as a hero and for making the ultimate sacrifice to protect others. We hope that with this sentencing that Warren Lewis’ family can start to feel a small level of peace and closure after suffering their tragic loss.”
“Today’s sentencing is the result of a tragedy and loss of human life that was not necessary,” said ATF Special Agent in Charge Wayne Dixie. “Anyone that uses a firearm to commit a violent criminal act, especially the murder of a law enforcement officer, will be held accountable for their actions. We will continue to use all of our resources to prosecute those that choose to commit this type of heinous act.”
“Law enforcement officers put their lives on the line every day to protect our communities, and they deserve our respect and gratitude,” said North Carolina Attorney General Roy Cooper. “The death of Investigator Lewis was a tremendous loss to his family and our community and the end of this case helps bring justice.”
“The Lewis family and the State of North Carolina lost a true hero,” said Director Bill Johnson of the Kinston Department of Public Safety. “I wish to thank the many individuals and agencies for their assistance in the effort to see justice done.”
According to the plea agreement, Byrd has also pleaded guilty to murder charges in state court and is awaiting sentencing.
The investigation was conducted by the North Carolina State Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Kinston Department of Public Safety.
The prosecution is being handled by Assistant U.S. Attorney Jane J. Jackson and Imelda J. Pate, Assistant District Attorney for the Eighth District.
Newman Drug Gang Member Sentenced in Federal Court in HuntingtonRead the Press Release
Appleton Sold Cocaine, Ecstasy and Heroin at Newman’s Direction
Huntington, W.Va. – United States Attorney Booth Goodwin announced that Brandon Jay Appleton, 25, of Belle, West Virginia, was sentenced today in federal court in Huntington to 33 months of imprisonment for possession with intent to distribute cocaine and MDMA, commonly known as “Molly” or “Ecstasy.” On January 20, 2014, investigators working with the Drug Enforcement Administration conducted a search at 1814 Artisan Avenue, Huntington, West Virginia - the residence of Kenneth Dewitt Newman. At the time of the search, Appleton, who was in the residence, had a bag filled with smaller bags of MDMA and cocaine that he intended to sell. Appleton was one of several defendants who pled guilty following an investigation of Newman and his associates for distributing illegal drugs in the Huntington area. Phone calls intercepted during the course of the Newman investigation revealed that Appleton sold drugs, including cocaine, MDMA and heroin, at Newman’s direction.
In addition to the United States Drug Enforcement Administration, the Huntington Police Department, the Metropolitan Drug Enforcement Network Team and the United States Bureau of Alcohol, Tobacco, Firearms and Explosives actively participated in the investigation. The case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
New York-Based Marijuana Trafficker Sentenced in Manhattan Federal Court to 20 Years in Prison on Racketeering and Narcotics Conspiracy ChargesRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced that OSCAR RODRIGUEZ, a/k/a “Chan,” 37, was sentenced today in Manhattan federal court on racketeering conspiracy and marijuana trafficking charges. OSCAR RODRIGUEZ was convicted after a trial in April 2014. The Honorable Donald E. Walter, visiting judge from the Western District of Louisiana, imposed a sentence of 20 years in prison.
Manhattan U.S. Attorney Preet Bharara said: “Oscar Rodriguez has now been sentenced for crimes he committed as a key member of a murderous narcotics-trafficking gang. The neighborhoods in Washington Heights that Rodriguez and his gang terrorized for over a decade are safer as a result of his arrest, conviction, and sentencing, as well as the conviction of over 50 other Rodriguez Enterprise members and associates in related cases brought by our Office. I commend the outstanding work of federal and local law enforcement in making this community safer.”
RODRIGUEZ’s charges arose out of a multi-year investigation titled “Operation Green Venom,” a coordinated multi-agency investigation that was led by ICE HSI and first announced in October 2010. With his conviction, a total of more than 50 defendants have been convicted in United States v. Manuel Geovanny Rodriguez-Perez, et al., 10 Cr. 905 (LTS), and related cases. Those defendants include former Rock-a-fella music founder Kareem Burke, a/k/a “Biggs,” and High Times Magazine editor Matthew Woodstock Stang, a/k/a “Magazine Guy.”
According to the Indictment and the evidence at trial, OSCAR RODRIGUEZ was a member of the “Rodriguez Enterprise,” a massive racketeering organization whose members sold large quantities of marijuana, engaged in murders and other violent acts, transported and laundered millions of dollars, obstructed justice and committed perjury, and engaged in firearms offenses. The Rodriguez Enterprise was led by Manuel Geovanny Rodriguez-Perez, OSCAR RODRIGUEZ’s cousin. OSCAR RODRIGUEZ’s role in the organization included trafficking truckloads of marijuana, managing a lucrative block in Washington Heights, Manhattan, perpetrating violent assaults – including the 2005 near-fatal assault of a young man who sold marijuana for him – and participating in a plot to locate and move the body of another young man who had been strangled to death and buried in a park in the Bronx years earlier. The assault victim and the murder victim both were targeted for violent retaliation for stealing marijuana from the Rodriguez Enterprise. In 2005, OSCAR RODRIGUEZ also threatened the family of the employee he assaulted, in a successful effort to cause the employee to stop cooperating with state authorities. OSCAR RODRIGUEZ participated in these acts on behalf of the Rodriguez Enterprise from at least 1998 through his arrest on October 14, 2010.
In addition to the prison term, Judge Walter also sentenced RODRIGUEZ to five years of supervised release.
Mr. Bharara praised the outstanding investigative work of Immigration and Customs Enforcement’s Homeland Security Investigations and the New York City Police Department. He also thanked the U.S. Drug Enforcement Administration; the U.S. Marshals Service; the Bergen County, New Jersey, Prosecutor’s Office; the Englewood, New Jersey, Police Department; the U.S. Department of Housing and Urban Development; the City of New York Department of Investigation; and the New York County District Attorney’s Office for their assistance.
The prosecution of the cases arising from “Operation Green Venom” is being overseen by the Office’s Violent and Organized Crimes Unit. Assistant U.S. Attorneys Amie N. Ely and Andrew C. Adams are in charge of the prosecution. Assistant U.S. Attorney Adams is also responsible for forfeiture proceedings in connection with this case.
- Multiple Narcotics Trafficking Results in Significant Sentences
Multiple Defendants Indicted in Large Scale Drug Trafficking and International Money Laundering ConspiraciesRead the Press Release
Approximately 50 Pounds of Heroin, 5 Kilograms of Cocaine,
38 Pounds of Methamphetamine & $70,000 Seized
Anchorage, Alaska-U.S. Attorney Karen L. Loeffler announced today that multiple indictments have been unsealed charging eight defendants in Texas, California, Arizona, and Alaska with conspiring to distribute large quantities of heroin, cocaine, and methamphetamine in Alaska and also working together to launder money from the United States into Mexico.
The first indictment charges two men – Omar Alejandro Alfaro and Jose Ramon Canales, of Texas, with conspiring to distribute approximately twelve kilograms of heroin and two pounds of methamphetamine that was ultimately destined for Alaska. It also charges Canales and a third individual, Genaro Gutierrez-Reyes, of California, with conspiring to transport drug proceeds from the United States to conspirators in Mexico.
The indictment outlines several separate drug transactions. According to the indictment, the first sales which occurred in person in Texas, consisted of a total of six kilograms of heroin and took place sometime prior to July 3, 2013. Conspirators later mailed three more kilograms of heroin from Texas to Alaska using Canales’s address. Investigators found these kilograms of heroin hidden in a storage unit here in Anchorage along with an additional nine kilograms of heroin and various packaging materials.
The conspirators also sold three kilograms of heroin and two pounds of methamphetamine to an Alaska undercover agent. Agents seized an additional two kilograms of heroin and two pounds of methamphetamine from conspirators during arrest operations in Texas late last week.
A second indictment charges four additional California and Arizona-based individuals – Tomas Gutierrez Ayala, Geronimo Arellano Velarde, Cristian Giovanni Lugo, and Jasmin Sanchez (who was previously known to investigators only as “Michelle”) – with conspiring to distribute large quantities of cocaine and methamphetamine to Alaska. According to the indictment, in July 2013, Ayala possessed approximately ten pounds of methamphetamine. Around the same time, an Alaska-based conspirator traveled to California to purchase a large quantity of methamphetamine.
Further, according the indictment, the conspiracy continued in October 2013, when conspirators arranged to send approximately five kilograms of cocaine and five additional pounds of methamphetamine from California to Alaska. In two subsequent transactions, conspirators sold four and
seven pounds of methamphetamine respectively to an Alaska undercover agent. In arresting the defendants, law enforcement seized an additional eight pounds of methamphetamine. Overall, the conspiracy was responsible for the distribution or attempted distribution of approximately five kilograms of cocaine and 34 pounds of methamphetamine.
The final indictment charges Timothy George Alex, 51, of Anchorage, with conspiring to distribute cocaine, heroin, and methamphetamine, as well as with one count of attempting to possess cocaine in February of this year. The indictment also seeks to forfeit approximately $70,000 in currency associated with Alex’s drug distribution activities.
Assistant United States Attorney Stephanie Courter, who presented the case to the grand jury, indicated that all of the defendants except Alex face a ten-year mandatory minimum sentence on the drug charges, up to a maximum sentence of life imprisonment. Alex faces a five-year mandatory minimum sentence, and a maximum 40 years imprisonment, for his participation. The international money laundering charge carries a maximum sentence of up to 20 years in prison. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the prior criminal history of the defendant.
This case is being prosecuted by Assistant U.S. Attorney Stephanie C. Courter. The case was investigated by the Drug Enforcement Administration (DEA), the Internal Revenue Service Criminal Investigation (IRS-CI), the Federal Bureau of Investigation (FBI), the U.S. Postal Inspection Service (USPIS), U.S. Immigration and Customs Enforcement (ICE), which oversees Homeland Security Investigations (HSI), the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Anchorage Police Department (APD), the Alaska State Troopers (AST), and the Anchorage Airport Police Department. Additional assistance was provided by the U.S. Attorney’s Offices for the Western District of Texas, the Eastern and Central Districts of California, and the District of Arizona, as well as federal agents in all three states.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the United States must prove guilt beyond a reasonable doubt.Morgantown Man Sentenced for Cocaine DistributionRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Tara Tighe, Public Affairs Specialist
CLARKSBURG, WEST VIRGINIA – Jacob White, 26, of Morgantown, West Virginia, was sentenced to 30 months in prison for distributing cocaine, United States Attorney William J. Ihlenfeld, II, announced today.
White will serve the 30 months prison term immediately following an unrelated state sentence for which he is currently incarcerated. He was also ordered to forfeit $1551.00.
White pled guilty in June 2014 to one count of “Distribution of Cocaine Hydrochloride” after an investigation by the West Virginia State Police Bureau of Criminal Investigations revealed that he sold powder cocaine in Monongalia County in October 2012.
Assistant U.S. Attorney Zelda Wesley prosecuted the case on behalf of the government.
U.S. District Judge Irene M. Keeley presided.La Oficina De La Fiscalia Federal Le Recuerda A Los Votantes De Nueva Jersey Que Pueden Usar La Linea Telefonica De Ayuda Electoral El Dia De Las Elecciones Para Quejarse De Irregularidades O Abusos ElectoralesRead the Press Release
NEWARK, N.J. - Las elecciones de mitad de mandato de Nueva Jersey tomaràn lugar el martes, 4 de noviembre de 2014, y el Fiscal Federal Paul J. Fishman les recuerda a los votantes que si sospechan fraude electoral pueden llamar una línea telefónica de ayuda establecida para temas electorales. La Oficina de la Fiscalía Federal recibirà y responderà a denuncias de irregularidades electorales, intimidación a los votantes y otras actividades que puedan interferir con los derechos electorales de los ciudadanos. La línea telefónica de ayuda el día de las elecciones - (888) 636-6596 – estarà activa desde ahora hasta el 5 de noviembre de 2014, y serà atendida el día de las elecciones en inglés y en español.
El Departamento de Justicia y otras agencias federales del orden público trabajaràn con las juntas electorales de los condados y la Oficina del Fiscal General de Nueva Jersey para recibir quejas y dirigir las quejas a las autoridades correspondientes.
El Departamento de Justicia tiene por objeto garantizar que todos los votantes calificados tengan la oportunidad de emitir su voto y que sus votos cuenten, sin discriminación, intimidación o fraude.
Fundada en el año 2002, esta iniciativa anual tiene como meta fomentar la confianza pública en la integridad del proceso electoral al proporcionar puntos de contacto locales dentro del Departamento de Justicia para que el público pueda reportar posibles violaciones de los derechos electorales y fraude electoral, mientras que las urnas estén abiertas el día de las elecciones.
Las agencias de investigación federales y el Departamento de Justicia, encabezadas por el FBI, trabajan en cooperación con la Oficina del Fiscal General del Estado, bajo la dirección del Fiscal General Interino John Jay Hoffman, para hacer cumplir los derechos de los votantes en las urnas.
El personal de la División de Derechos Civiles del Departamento de Justicia en Washington también estarà disponible por teléfono para recibir denuncias relacionadas con los derechos electorales (1-800-253-3931 peaje gratis o 202-307-2767) o por TTY (202-305-0082). Ademàs, las personas también pueden reportar quejas, problemas o inquietudes relacionadas con la votación por fax al 202-307-3961 , por correo electrónico a [email protected], y usando formularios de reclamaciones que puedan presentarse a través de un enlace en la pàgina web del Departamento, en http://www.justice.gov/crt/complaint/votintake/index.php.
14-391Kern County Man Pleads Guilty to Counterfeiting U.S. CurrencyRead the Press Release
FRESNO, Calif. — Alfonso Castellon, 41, of Bakersfield, pleaded guilty today to counterfeiting U.S. currency and possessing images for counterfeiting purposes, United States Attorney Benjamin B. Wagner announced.
According to court documents, from January 2011 to March 2014, Castellon, with intent to defraud, counterfeited Federal Reserve Notes in $100 and other denominations. In March 2014, a search of his residence revealed sample images of $100 bills and computer equipment, printers, and ink associated with counterfeiting, along with a flash drive containing images of $100 bills. Castellon estimated he produced approximately 20 counterfeit $100 bills per week, or approximately $100,000 per year.
This case is the product of an investigation by the United States Secret Service, the Kern County Sheriff’s Office, and the Bakersfield Police Department. Assistant United States Attorney Michael G. Tierney is prosecuting the case.
Castellon is scheduled to be sentenced by United States District Judge Anthony W. Ishii on January 12, 2015. Castellon faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory sentencing factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Justice Department to Monitor Elections in TennesseeRead the Press Release
Memphis, Tenn. – The Justice Department announced today that it will monitor the election on November 4, 2014, in Shelby County, Tenn., to ensure compliance with the Voting Rights Act and other federal voting rights statutes. The Voting Rights Act prohibits discrimination in the election process on the basis of race, color or membership in a minority language group.
Department personnel will monitor polling place activities. A Civil Rights Division attorney will coordinate federal activities and maintain contact with local election officials.
To file complaints about discriminatory voting practices, including acts of harassment or intimidation, voters may call the Voting Section of the Civil Rights Division at 1-800-253-3931.
Visit www.usdoj.gov/crt/voting for more information about the Voting Rights Act and other federal voting laws.
Justice Department Releases Information on Election Day Efforts to Protect the Right to Vote and Prosecute Ballot FraudRead the Press Release
In anticipation of tomorrow’s general election, the Justice Department today provided information about its efforts, through the Civil Rights Division and Criminal Division, to ensure that all qualified voters have the opportunity to cast their ballots and have their votes counted free of discrimination, intimidation or fraud in the election process.
Civil Rights Division:
The Civil Rights Division is responsible for ensuring compliance with the civil provisions of federal statutes that protect the right to vote, and with the criminal provisions of federal statutes prohibiting discriminatory interference with that right.
The Civil Rights Division’s Voting Section enforces the civil provisions of a wide range of federal statutes that protect the right to vote including: the Voting Rights Act; the National Voter Registration Act; the Uniformed and Overseas Citizens Absentee Voting Act; and the Help America Vote Act. Among other things, collectively, these laws:
- prohibit election practices that have either a discriminatory purpose based on race or membership in a minority language group or a discriminatory result of members of racial or language minority groups having less opportunity than other citizens to participate in the political process;
- prohibit intimidation of voters;
- provide that voters who need assistance in voting because of disability or illiteracy can obtain assistance from a person of their choice;
- require minority language election materials and assistance in certain jurisdictions;
- provide for accessible election machines for voters with disabilities;
- require provisional ballots for voters who assert they are eligible but whose names do not appear on poll books;
- provide for absentee ballots for service members, their family members and U.S. citizens living abroad;
- require states to ensure that citizens can register at drivers’ license offices, public assistance offices, other state agencies and through the mail; and
- include requirements regarding maintaining voter registration lists.
The Civil Rights Division’s Criminal Section enforces federal criminal statutes that prohibit voter intimidation and vote suppression based on race, color, national origin or religion.
On Election Day, Nov. 4, 2014, the Civil Rights Division will implement a comprehensive program to help ensure the right to vote that will include the following:
- The Civil Rights Division will conduct monitoring in the field at polling places.
- Civil Rights Division attorneys in both the Voting and Criminal Sections in Washington, D.C., will be ready to receive election-related complaints of potential violations relating to any of the statutes the Civil Rights Division enforces. Attorneys in the division will take appropriate action and will consult and coordinate with local U.S. Attorneys’ Offices and with other entities within the Department of Justice concerning these complaints before, during, and after Election Day.
- Civil Rights Division staff will be available by phone to receive complaints related to voting rights (1-800-253-3931 toll free or 202-307-2767) or by TTY (202-305-0082). In addition, individuals may also report complaints, problems, or concerns related to voting by fax to 202-307-3961, by email to [email protected], and, by complaint forms that may be submitted through a link on the Department’s website, at www.justice.gov/crt/about/vot/.
- Complaints related to violence, threats of violence, or intimidation at a polling place should always be reported immediately to local police authorities by calling 911. They should also be reported to the Department after local authorities are contacted.
Criminal Division and the Department’s 94 U.S. Attorneys’ Offices:
The Department’s Criminal Division oversees the enforcement of federal laws that criminalize certain forms of election fraud and vindicate the integrity of the federal election process.
The Criminal Division’s Public Integrity Section and the Department’s 94 U.S. Attorneys’ Offices are responsible for enforcing the federal criminal laws that prohibit various forms of election fraud, such as vote buying, multiple voting, submission of fraudulent ballots or registrations, destruction of ballots or registrations, alteration of votes, and malfeasance by election officials. The Criminal Division is also responsible for enforcing federal criminal law prohibiting voter intimidation for reasons other than race, color, national origin or religion (as noted above, voter intimidation that has a basis in race, color, national origin or religion is addressed by the Civil Rights Division).
The U.S. Attorney’s Offices around the country designate Assistant U.S. Attorneys who serve as district election officers (DEOs) in their respective districts. DEOs are responsible for overseeing potential election-crime matters in their districts, and for coordinating with the department’s election-crime experts in Washington, D.C.
On Nov. 4, 2014, the U.S. Attorneys’ Offices will work with specially trained Federal Bureau of Investigation personnel in each district to ensure that complaints from the public involving possible voter fraud are handled appropriately. Specifically:
- In consultation with federal prosecutors at the Public Integrity Section in Washington, D.C., the District Election Officers in U.S. Attorneys’ Offices, FBI officials at headquarters in Washington, D.C., and FBI Special Agents serving as Election Crime Coordinators in the FBI’s 56 field offices will be on duty while polls are open, to receive complaints from the public.
- Election-crime complaints should be directed to the local U.S. Attorney’s Office or the local FBI office. A list of U.S. Attorneys’ Offices and their telephone numbers can be found at http://www.justice.gov/usao/districts/. A list of FBI offices and accompanying telephone numbers can be found at www.fbi.gov/contact-us.
- Public Integrity Section prosecutors are available to consult and coordinate with the U.S. Attorneys’ Offices and the FBI regarding the handling of election-crime allegations.
- Again, complaints related to violence, threats of violence, or intimidation at a polling place should be reported first to local police authorities by calling 911.
Both protecting the right to vote and combating election fraud are essential to maintaining the confidence of all Americans in our democratic system of government. The department encourages anyone who has information suggesting voting discrimination or ballot fraud to contact the appropriate authorities.
Justice Department Files Antitrust Lawsuit to Stop National Cinemedia from Buying ScreenvisionRead the Press Release
The Department of Justice filed a civil antitrust lawsuit today seeking to block National CineMedia Inc.’s (NCM) $375 million acquisition of Screenvision LLC. The department said that the acquisition would combine the only two significant cinema advertising networks in the United States, eliminating competition that has substantially benefitted movie theaters, advertisers and, ultimately, movie goers.
The Antitrust Division’s lawsuit, which seeks to prevent the companies from merging and to preserve their existing head-to-head competition, was filed in the United States District Court for the Southern District of New York.
“The proposed combination of NCM and Screenvision is a bad deal for movie theaters, advertisers and consumers. This merger to monopoly is exactly the type of transaction the antitrust laws were designed to prohibit,” said Assistant Attorney General Bill Baer of the Justice Department’s Antitrust Division. “If this deal is allowed to proceed, the benefits of competition will be lost, depriving theaters and advertisers of options for cinema advertising network services and risking higher prices to movie goers.”
Cinema advertising networks are intermediaries between movie theaters and advertisers. The networks create “pre-shows” – 20 to 30 minute long programs combining advertisements with special content – which movie theaters play prior to the start of each movie. The cinema advertising networks and movie theaters share the advertising revenue based on the specific financial terms of each theater’s contract.
According to the department’s complaint, NCM and Screenvision together serve 88 percent of all movie theater screens in the United States through long-term, exclusive contracts.
Over the past two years, competition between NCM and Screenvision intensified as Screenvision became a particularly aggressive competitor, increasing its efforts to steal business from NCM by dramatically reducing the prices it charges advertisers and offering movie theaters a variety of attractive financial incentives. The complaint contains statements from NCM’s and Screenvision’s executives describing the competition between the two companies and the motivation to end that competition by entering into the transaction:
- Aggressive competition between NCM and Screenvision for movie theaters led NCM to observe that “we need to buy [Screenvision] before either us or [Screenvision] does a stupid deal.”
- By April 2014, NCM arrived at what it called a “Strategy Decision Crossroads.” As NCM had told its board it could either acquire Screenvision, which would give NCM the ability to “Control Selling Tactics,” including “Pricing,” or it could compete through more aggressive pricing and adding theaters to its network. NCM chose to buy out its competitor.
- NCM viewed Screenvision’s “new strategy of undercutting [NCM’s] pricing by 50 percent (or more) [as] a direct threat to [NCM’s] business model” and “a very unusual strategy in a duopoly.”
The complaint alleges that, by eliminating competition, the merger likely will result in advertisers paying more for cinema advertising and movie theaters receiving less revenue. For movie theaters, the revenue earned through pre-show advertisements provides an important source of income. Reduced advertising revenues are likely to result in movie theaters having to raise ticket or concession prices to consumers or forego theater upkeep and improvements.
The three largest movie theater circuits in the United States – Regal Entertainment Group, AMC Entertainment Inc. and Cinemark Holdings Inc. – together are the majority owners of NCM. The complaint alleges that these three circuits – which NCM refers to as the “Founding Members” – exercise significant control and influence over NCM’s actions, including the right to block NCM from entering into contracts with independent movie theaters that contain upfront payments exceeding $1 million. Such payments have been an important area of competition between NCM and Screenvision.
National CineMedia LLC is a Delaware company headquartered in Centennial, Colorado. It has contracts with 39 movie theaters, creating a cinema advertising network with nationwide coverage of approximately 19,800 of the 39,000 movie screens in the United States. In 2013, NCM earned approximately $426 million in advertising revenue.
National CineMedia Inc. is Delaware corporation also headquartered in Centennial, Colorado. It is the managing member and minority owner of National CineMedia LLC.
Screenvision LLC and its parent, SV Holdco LLC, are Delaware companies headquartered in New York, New York. Screenvision has contracts with 177 movie theaters, with nationwide coverage of approximately 14,200 screens. In 2013, Screenvision earned approximately $160 million in advertising revenue.
Justice Department Announces On-the-Ground Monitoring at Polling Places in 18 States on Election DayRead the Press Release
The Justice Department announced today that its Civil Rights Division plans to conduct in-person monitoring of polling place activities in 28 jurisdictions in 18 states for the Nov. 4, 2014, general election. The Attorney General also released a video on election monitors today.
Although state and local governments have primary responsibility for administering elections, the Civil Rights Division is charged with enforcing the federal voting rights laws that protect the rights of all eligible citizens to cast ballots on Election Day.
In the days leading up to and throughout Election Day, Civil Rights Division staff members will also be available by telephone to receive complaints from citizens in all states and jurisdictions nationwide related to possible violations of the federal voting rights laws (toll free 1-800-253-3931 or 202-307-2767) or TTY (202-305-0082). In addition, individuals may also report such complaints by fax to 202-307-3961, by email to [email protected] and by a complaint form on the department’s website: www.justice.gov/crt/about/vot/.
Allegations of election fraud are handled by the 94 U.S. Attorneys’ Offices across the country, the Federal Bureau of Investigation and the Criminal Division’s Public Integrity Section. Complaints related to election fraud may be directed to your local U.S. Attorneys’ Offices or local FBI offices, which consult with the Public Integrity Section in Washington, D.C. A list of U.S. Attorneys’ Offices and their telephone numbers can be found at http://www.justice.gov/usao/districts/. A list of FBI offices and accompanying telephone numbers can be found at www.fbi.gov/contact-us.
As always, complaints related to violence, threats of violence, or intimidation at a polling place should always be reported immediately to local police authorities by calling 911. They should also be reported to the department after local authorities have been contacted.
Since the passage of the Voting Rights Act of 1965, the department has regularly monitored elections in the field in jurisdictions around the country to protect the rights of voters. The Voting Rights Act prohibits discrimination in the election process on the basis of race, color or membership in a minority language group. In addition, the act requires certain jurisdictions to provide language assistance during the election process.
On Nov. 4, 2014, the department will monitor polling place activities on the ground in 28 jurisdictions:
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Maricopa County, Arizona;
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Alameda County, California;
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Napa County, California;
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Duval County, Florida;
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Hillsborough County, Florida;
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Lee County, Florida;
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Orange County, Florida;
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Fulton County, Georgia;
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Gwinnett County, Georgia;
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Chicago, Illinois;
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Finney County, Kansas;
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Robeson County, North Carolina;
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Colfax County, Nebraska;
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Douglas County, Nebraska;
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Bergen County, New Jersey;
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Cibola County, New Mexico;
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Orange County, New York;
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Cuyahoga County, Ohio;
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Hamilton County, Ohio;
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Lorain County, Ohio;
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Lehigh County, Pennsylvania;
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Richland County, South Carolina;
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Charles Mix County, South Dakota;
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Shannon County; South Dakota;
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Shelby County, Tennessee;
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Harris County, Texas;
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Waller County, Texas; and
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Milwaukee, Wisconsin.
The department’s monitoring will gather information on, among other things, whether voters are subject to different voting qualifications or procedures on the basis of race, color, or membership in a language minority group; whether jurisdictions are complying with the minority language provisions of the Voting Rights Act; whether jurisdictions permit voters to receive assistance by a person of his or her choice if the voter is blind, has a disability, or is unable to read or write; whether jurisdictions allow voters with disabilities to cast a private and independent ballot; whether jurisdictions comply with the voter registration list requirements of the National Voter Registration Act; and whether jurisdictions comply with the provisional ballot requirements of the Help America Vote Act. Department personnel also will maintain contact with local election officials.
More information about the Voting Rights Act and other federal voting and election-related laws is available on the Civil Rights Division’s web site at www.justice.gov/crt/about/vot/.
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Huntington Heroin Dealer Pleads Guilty in Federal CourtRead the Press Release
HUNTINGTON, W.Va. – United States Attorney Booth Goodwin announced that Anthony Quinlin Cooper, also known as “Ant,” 38, of Huntington, West Virginia pled guilty today in federal court to distribution of heroin. On November 15, 2013, Cooper was caught selling heroin to a confidential informant working with the Huntington Violent Crime and Drug Task Force. The sale took place at Cooper’s home in the Highlawn area of Huntington. Audio and video recordings were made of the drug deal. Following a search of his residence, Cooper admitted to additional heroin sales. Cooper faces up to 20 years imprisonment and a $1 million fine when he is sentenced on February 17, 2015.
This case was investigated by the Huntington Violent Crime and Drug Task Force. The case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
Hugo Man Pleads Guilty to Assault with a Dangerous Weapon in Indian CountryRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that TRAVIS PAUL LINDSEY, age 24, of Hugo, Oklahoma, pled guilty to an Information charging him with Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, in violation of Title 18, United States Code, Sections 113(a)(3), 1151 and 1152.
The charges arose from an investigation by the Choctaw Nation Tribal Police and the Federal Bureau of Investigation.
The Information alleged that on or about October 4, 2014, within the Eastern District of Oklahoma, within Indian country, the defendant, did knowingly and intentionally assault T.B., an Indian, with intent to cause bodily harm, by striking him with a dangerous weapon.
The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, accepted the defendant’s guilty plea, and ordered the completion of a presentence report. Sentencing will be scheduled upon its completion. The defendant remains on bond pending sentencing.
The statutory range of punishment is not more than 10 years imprisonment and/or a fine of up to $250,000.00.
Assistant United States Attorney Dean Burris represented the United States.
Fresno Man Sentenced for Laser Strikes on CHP PlaneRead the Press Release
FRESNO, Calif. — Andrew Zarate, 20, of Fresno, was sentenced today to one year in prison to be followed by two years of supervised release, for aiming a laser pointer at a California Highway Patrol airplane, Air 43, United States Attorney Benjamin B. Wagner announced.
According to court documents, Air 43 was struck up to 50 times by a powerful green laser pointer. As a result, the pilot suffered temporary blindness and Air 43 was forced to break away from a burglary in progress at a Fresno middle school. The CHP pilot reported that he gets struck by lasers almost every night and this incident was “the worst.”
Co-defendant David Walter Fee, 22, of Fresno, was sentenced in September to 18 months in prison.
According to the Federal Aviation Administration, in 2013, there were 3,960 reported incidents nationwide of laser strikes on aircraft cockpits, or an average of 10.85 strikes per day. Airports in the Eastern District of California reported over 82 laser strikes in 2013 – more than six laser illumination incidents per month. The Fresno Yosemite International Airport reported the highest number of laser illuminations followed by the airports in Bakersfield and Sacramento. This year, there have been 115 laser strikes or 11.5 reported laser incidents per month in this district, with Fresno leading in the number of reported laser incidents.
The case was the product of an investigation by the FBI’s Fresno Office, California Highway Patrol, and Fresno Police Department. Assistant U.S. Attorneys Karen A. Escobar and Michael G. Tierney prosecuted this case.
Four Dallas-Area Residents Admit Roles in Hydrocodone and Alprazolam Distribution Conspiracy That Operated in Abilene, Lubbock and DallasRead the Press Release
LUBBOCK, Texas — Four Dallas–area defendants, who were indicted by a federal grand jury this summer on various felony drug offenses, pleaded guilty on Friday in federal court in Lubbock, Texas, to their roles in a hydrocodone and alprazolam distribution conspiracy, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
John Conte Smith, a/k/a “Leo,” 35, of Balch Springs, Texas; and Dallas residents, Crystal Nicole Burks, 29; Keith Deon Noel, 36; and Lee Santrell Boston, 35; each pleaded guilty, before U.S. District Judge Sam R. Cummings, to one count of conspiracy to distribute and possess with intent to distribute hydrocodone and alprazolam. Each faces a maximum statutory penalty of 10 years in federal prison and a $500,000 fine. Judge Cummings ordered a presentence investigation report for each defendant with sentencing dates to be set following the completion of those reports. All four defendants remain in federal custody.
According to plea documents filed in the case, from approximately February 2014 to July 2014, in the Abilene, Lubbock, and Dallas Divisions of the Northern District of Texas, Smith, Burks, Noel, and Boston conspired together, and with others, to distribute and possess with intent to distribute hydrocodone, a Schedule III, and alprazolam, a Schedule IV, controlled substance.
Smith provided others in the conspiracy prescriptions on genuine prescription forms from medical facilities with the names of actual physicians at those facilities, but with fictitious patient names. Other co-conspirators then took the prescriptions to pharmacies to have them filled, eventually taking the controlled substances back to Smith who kept some for himself and sold the remainder.
On February 2, 2014, Burks’ boyfriend was arrested for passing forged prescriptions for her. After his arrest, Burks began passing the forged prescriptions, or using others to pass them, for Smith in the Dallas area. In May 2014, Smith directed Burks to pass forged prescriptions in the Lubbock and Abilene areas, and Burks had her brother-in-law, Noel, drive her on the trip. Before they left Dallas, Burks and Noel went to a location near downtown Dallas and recruited a homeless person, Boston, to go with them. The three left Dallas and drove to Lubbock on May 20, 2014.
The next day, Burks and Noel drove Boston to several pharmacies in Lubbock where he passed forged prescriptions that Burks had given him and paid for the prescriptions with money she had given him. Boston turned over the filled prescriptions and the change to Burks.
Burks, Noel and Boston drove to Abilene the next day, May 22, 2014, and after passing forged prescriptions there, were arrested by officers with the Abilene Police Department.
A search warrant was executed at Smith’s home on July 2, 2014, and law enforcement located filled prescriptions for hydrocodone and alprazolam for persons other than Smith, as well as prepared prescription forms in other people’s names that had not yet been passed. Officers also found a 9mm semiautomatic pistol and ammunition in the nightstand by Smith’s bed.
The FBI and the Abilene Police Department investigated. Deputy Criminal Chief Assistant U.S. Attorney Denise Williams is prosecuting.