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16 December 2014
Boise Woman Sentenced to 92 Months in Prison for Drug ChargeRead the Press Release
BOISE – Erica Michelle Luna, 34, of Boise, Idaho, was sentenced to 92 months in prison followed by five years of supervised release for distribution of methamphetamine, U.S. Attorney Wendy J. Olson announced. U.S. Chief District Judge B. Lynn Winmill sentenced Luna at the federal courthouse in Boise. Luna pleaded guilty to the charge on October 2, 2014.
According to information presented in court, Luna sold methamphetamine to an undercover police officer on two occasions in July and August 2013. Luna admitted to selling over 50 grams of methamphetamine to the undercover officer.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Boise Police Department as an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation. OCDETF partners include the Federal Bureau of Investigation; Drug Enforcement Administration; Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Immigration and Customs Enforcement’s (ICE); Homeland Security Investigations (HSI); Internal Revenue Service-Criminal Investigation; and U.S. Marshals Service.
Belstsville Fraudster Sentenced to over 9 years in Prison in Elaborate Scheme to Steal over $1 Million from an Individual’s Bank and Retirement AccountsRead the Press Release
Used Stolen Personal Identifying Information to Pose as the Victim, Change the Victim’s Online Password and Email Address, and Stop Delivery of Mail in Attempt to Avoid Detection
Greenbelt, Maryland – U.S. District Judge Paul W. Grimm sentenced Alimamy Barrie, age 31, of Beltsville, Maryland, today to 112 months and a day in prison followed by three years of supervised release for wire fraud, aggravated identity theft and committing an offense while on supervised release. Judge Grimm also ordered that Barrie pay $26,500 in restitution.The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Kathy A. Michalko of the United States Secret Service - Washington Field Office; and Chief Edwin C. Roessler Jr. of the Fairfax County, Virginia, Police Department.
According to evidence presented during the seven day trial, in 2011, Barrie was arrested and charged in federal court in the Eastern District of Virginia with aggravated identity theft. On September 26, 2011, Barrie was placed on pretrial release, and notified by court order of the potential effect of committing an offense while on release. On October 3, 2011, Barrie pled guilty to conspiracy to commit wire and mail fraud, arising from a scheme similar to the one described below in which he defrauded T. Rowe Price and an individual. Barrie remained on release through June 1, 2012, when he reported to the Bureau of Prison. The sentence imposed today is consecutive to the four year sentence imposed in the Eastern District of Virginia.
From January 26 to February 13, 2012, while Barrie was on court supervision and purportedly cooperating with the FBI, Barrie devised a scheme to use the personal identifying information of another individual to fraudulently steal money from the victim’s banking and retirement accounts.
Specifically, in January 2012, Barrie and his associates obtained the victim’s name, date of birth, social security number, mailing address and email address from an individual in New York. The co-conspirator provided Barrie and his associates with numerous “sheets” of potential victims’ identifying information. Barrie and his associates were responsible for researching the victims in order to identify who had money and where that money was held. Once Barrie and his associates found a victim with significant funds, they downloaded the victim’s credit history using the internet. If money was obtained from the victim, each of the participants in the fraud would get a “cut” of the money.
On January 30, 2012, after receiving the identifying information for the victim, Barrie called Fidelity Investments, where the victim maintained a 401(k) retirement account, and posed as the victim. Barrie provided the victim’s personal information and then inquired about the balance of the retirement account. Upon learning that the account had $1,020,160.40, Barrie described the account as a “treasure” and a “paradise.”
During this same call, Barrie, still pretending to be the victim, informed the Fidelity representative that the victim’s account access had been blocked online, and asked for help in resetting the online account access password. The Fidelity representative sent the password reset link to the victim’s legitimate email address, which was the email address associated with the victim’s Fidelity account at the time. Within minutes, Barrie accessed the victim’s email account online.
Approximately 45 minutes later, Barrie created a fraudulent email address, logged onto the victim’s Fidelity account and changed the legitimate email address to the fraudulent one he had created, so that the victim would not receive any email notices from Fidelity regarding withdrawals made to the victim’s account. For the same reason, Barrie also requested the U.S. Postal Service to stop delivery of the victim’s mail.
On February 1, 2012, a co-conspirator opened checking and savings accounts at a JP Morgan Chase Bank branch in New York in the victim’s name using the victim’s personal identifying information. That same day, another associate in Indianapolis, Indiana established an electronic funds transfer link between the victim’s Fidelity retirement account and the fraudulent Chase bank accounts. An unknown associate thereafter requested a transfer of $210,403.61 from the victim’s Fidelity retirement account to one of the Chase bank accounts.
The next day, Barrie or an associate contacted the victim’s place of employment, pretending to be the victim. The caller verified the victim’s full social security number and the last four digits of the victim’s Wells Fargo bank account. The caller purportedly wanted to verify that the victim’s salary was directly deposited to the Wells Fargo account. Barrie thereafter ordered blank checks for three of the victim’s Wells Fargo accounts and had those checks sent to an address in Washington, DC. Three individuals thereafter cashed $26,500 worth of checks drawn on the victim’s Wells Fargo accounts. A fourth individual attempted to cash a $9,500 check, but was not successful. Barrie admitted that he and his associates drew these fraudulent checks in case the electronic transfer did not go through, so that he and his associates would get at least some money from the scheme.
On February 13, 2012, Barrie again called Fidelity posing as the victim, and again stated that online access to his account had been blocked and he needed help resetting his password. Barrie reset the password online. However, the victim had previously contacted Fidelity that day and requested that the electronic transfer be stopped, which Fidelity was able to do.
Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Since the inception of FFETF in November 2009, the Justice Department has filed more than 12,841 financial fraud cases against nearly 18,737 defendants including nearly 3,500 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.United States Attorney Rod J. Rosenstein commended the U.S. Secret Service and Fairfax County, Virginia, Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorneys Kelly O'Connell Hayes and Daniel C. Gardner, who prosecuted the case.
Baltimore Armed Robber Sentenced to 15 Years in Prison for Robbing and Attempting to Rob Three Stores and Two Customers in One DayRead the Press Release
Items From Two Robberies Committed Two Days Earlier Were Also Found in Defendant’s Home
Baltimore, Maryland – U.S. District Judge William D. Quarles, Jr. sentenced Thomas Mims, age 53, of Baltimore, today to 15 years in prison, followed by eight years of supervised release, for robbery and using a firearm during a robbery. Judge Quarles also ordered Mims to pay $400 in restitution.The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Baltimore City State’s Attorney Gregg L. Bernstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; and Commissioner Anthony W. Batts of the Baltimore Police Department.
According to his plea agreement, on February 3, 2014, Mims walked into a Rite-Aid on Belair Road in Baltimore, gestured towards his waistband to suggest that he was armed and demanded money from the cashier. The cashier ran away. After first trying to run after her, Mims ran from the store and drove away.
Later that day, Mims entered a retail store, also on Belair Road, and demanded money from an employee who was holding a cash register drawer at the customer service desk. Mims lifted his shirt to display the butt of a handgun. The employee ran away with the drawer into a back office. Mims then approached a cashier and demanded money from her register. The cashier saw Mims holding the gun in his hand. Mims also demanded that a customer give him her purse. When the customer’s fiancé intervened by pushing Mims away, Mims pointed the gun at the customer and pulled the trigger. The gun did not fire.
Mims left the store and pointed his gun at another customer in the parking lot, demanding her purse. When that customer did not immediately comply, Mims snatched her purse, ran to his vehicle and drove away.
Later that day, Mims entered a store on Erdman Avenue in Baltimore and displayed his gun, demanding money from the cashier. The cashier gave him $400 from the register. Mims demanded more money and when the cashier said there was none, Mims put his finger on the trigger of the gun and told the cashier she better not have lied to him. Mims then fled and drove away.
Witnesses called 911. Baltimore police officers soon located Mims’ vehicle and attempted to perform a traffic stop, but Mims sped off. Police trapped Mims’ vehicle in a cul-de-sac. As officers approached on foot, Mims sped toward them in his car. As a result, one officer shot Mims in the arm. Several minutes later the chase ended and Mims was arrested.
Police executed search warrants for Mims’ house and car. They seized a loaded handgun, two ski masks, and clothing worn by the suspect in a robbery at a Subway restaurant two days earlier on February 1, 2014, along with items stolen from an earlier robbery at Walgreens, also on February 1.
United States Attorney Rod J. Rosenstein commended the Baltimore City State’s Attorney’s Office, FBI and Baltimore Police Department for their work in the investigation and prosecution. Mr. Rosenstein thanked Assistant United States Attorney Debra L. Dwyer and Special Assistant United States Attorney Piper F. McKeithen, a cross-designated Baltimore City Assistant State’s Attorney assigned to Exile cases, who prosecuted the case.
Albany Woman Sentenced for Bomb ThreatRead the Press Release
EUGENE, Ore. – Jenelle Robyn Pinkston, age 47, of Albany, Oregon was sentenced today to 37 months in federal prison after earlier pleading guilty to calling in a bomb threat. Chief U.S. District Court Judge Ann Aiken imposed conditions of post-prison supervision requiring Pinkston to undergo mental health treatment.
On April 16, 2013, Pinkston used her cell phone to call in a bomb threat to Waverly Elementary School in Albany. Using a disguised voice, Pinkston said “this building is going to blow up in ten minutes.” School authorities activated the fire alarm and called for emergency responders. Approximately 270 students and staff evacuated the school. After investigating, police determined the threat was a hoax.
On May 23, 2013, Pinkston repeated her threat to Waverly Elementary School and called in another false bomb threat to Periwinkle Elementary School in Albany. As with the initial threat, fire alarms were activated, emergency responders were called to the scene and students and staff were evacuated.
Pinkston later confessed to law enforcement and was arrested.
A representative from the Albany School District wrote a letter to the judge explaining the impact of Pinkston’s crimes, calling the threats “disruptive to education, upsetting to students, alarming to parents, and fear causing to staff.” The fire response cost $1,825, which is the amount Pinkston was ordered to pay back as restitution.
The FBI, Linn County Sheriff’s Office and Albany Police Department conducted the investigation. Assistant U.S. Attorney William “Bud” Fitzgerald prosecuted the case.
Accountant Sentenced for Million Dollar Fraud SchemeRead the Press Release
PHILADELPHIA - Andrew B. Zelenkofske, 54, an accountant, of Chagrin Falls, Ohio, was sentenced today to 36 months in prison for defrauding former clients of over $1 million. Between January 2009 and May 2012, he defrauded three of his victims by soliciting funds from them to invest in a start-up biotechnology company. Instead of investing the victims’ money as he represented, Zelenkofske used the funds to pay his own business expenses in connection with a failing restaurant he owned.
Between April 2011 and July 2012, Zelenkofske defrauded another victim, also a former client, of $237,000 by falsely representing that she owed income taxes when she did not and soliciting from her a loan amount which he knew he could not repay. He also spent this victim’s money to pay expenses related to his restaurant. In 2010 and 2011, Zelenkofske defrauded a group of business associates of at least $137,254 by concealing the payment of a dividend and using the funds belonging to these investors to pay his own business expenditures.
Finally, in November 2013, Zelenkofske attempted to obstruct the administration of the internal revenue laws by falsifying a Release of Levy form which he transmitted to the IRS in connection with the representation of a client.
In addition to the prison term, U.S. District Court Judge Stewart Dalzell ordered $987,050 in restitution, three years of supervised release and a $500 special assessment.
The case was investigated by the Federal Bureau of Investigations, the Internal Revenue Service Criminal Investigations and the Treasury Inspector General for Tax Administration. It was prosecuted by Assistant United States Attorney Terri A. Marinari.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525
15 December 2014
Woman Pleads Guilty and Sentenced on Charge of Illegal Re-EntryRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Olivia Leigh Suriani, 30, a citizen of Canada, pleaded guilty to illegal re-entry into the United States after deportation before Chief U.S. District Judge William M. Skretny. The defendant was then sentenced to time served by Judge Skretny.
Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that on October 2, 2014, Suriani was arrested near Beaver Island State Park after having gained access to the United States by kayak near Buffalo, NY. When questioned by a Border Patrol agent, the defendant admitted to entering the United States illegally on the kayak. She had been previously removed from the United States on January 13, 2014 and returned to Canada after she attempted to enter the U.S. while onboard a cruise ship.
The plea and sentencing are the culmination of an investigation on the part of United States Border Patrol, under the direction of Patrol Agent in Charge Chris Buskey.
Wichita Falls Man Sentenced to 63 Months in Federal Prison for Using Stolen Personal Identity Information and Fabricated Documents to Defraud the IRS of Tax RevenueRead the Press Release
WICHITA FALLS, Texas — A local man was sentenced today to 63 months in federal prison and ordered to pay approximately $114,000 in restitution to the Internal Revenue Service (IRS), for using stolen personal identity information and fabricated documents to defraud the IRS of tax revenue, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Bobby J. Hicks, Jr., who has been in custody since his arrest in June 2014, pleaded guilty in August 2014 to one count of wire fraud. According to information presented in today’s hearing, Hicks is 49-years-old, and according to information presented at his earlier detention hearing, he is most recently a resident of Wichita Falls, Texas.
Hicks ran his scheme, according to the factual resume, from 2009 through approximately mid-February 2011. During that time, according to the document, Hicks submitted 15 fraudulent returns, eleven of which were submitted electronically. The total refund amount claimed in the 15 fraudulent returns was $1,541,424. The total amount of refunds actually issued by the IRS was $198,394.44, of which $114,396.44 was actually transferred.
In one instance, according to the factual resume, in January 2010, Hicks submitted a Form 1040EZ income tax return, claiming a $138,806 refund, in the name of another individual whom Hick had met in 2009 in Wichita Falls and had hired to do day labor. In connection with that labor, the individual had provided Hicks his social security number, but he did not authorize Hicks to use it or to submit a tax return in his name.
It was noted in Hicks’ detention hearing earlier this year, that as part of his scheme, he stole the identities of family members, including the identity of his deceased mother.
The investigation was conducted by IRS Criminal Investigation. Assistant U.S. Attorney Brandon McCarthy prosecuted.
West Virginia Man Convicted of Unlawful Possession of FirearmRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Tara Tighe, Public Affairs SpecialistMARTINSBURG, WEST VIRGINIA – Robert Jeffery Householder, 46, of Capon Bridge, West Virginia, has been convicted of unlawful possession of a firearm, United States Attorney William J. Ihlenfeld, II, announced.
Householder pled guilty to one count of “Felon in Possession of a Firearm” after being discovered in August 2014 in possession of a .9mm pistol. Householder, who was prohibited from possessing a firearm due to a 2008 conviction for “Drug User in Possession of a Firearm”, faces up to ten years in prison and a fine of up to $250,000.00. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.Assistant United States Attorney Paul Camilletti is prosecuting the case on behalf of the government. The Hampshire County Sheriff’s Office, the West Virginia State Police, and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Waldorf Drug Trafficker Sentenced to over 20 Years in PrisonRead the Press Release
Greenbelt, Maryland – U.S. District Judge George J. Hazel sentenced John David White, age 42, of Waldorf, Maryland today to 248 months in prison, followed by four years of supervised release, for conspiracy to possess with intent to distribute cocaine and heroin, possession and attempt to possess with intent to distribute cocaine and heroin, maintaining a drug-involved premises and possession of a firearm in furtherance of a drug trafficking crime.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Karl C. Colder of the Drug Enforcement Administration - Washington Field Division; Colonel Michael Kundrat, Chief of the Maryland Transportation Authority Police; Chief Mark A. Magaw of the Prince George’s County Police Department; Charles County Sheriff Troy Berry; and Chief Mark Fronterotta of the Inglewood, California Police Department.
According to evidence presented at the six-day trial, from at least August 2010 through June 6, 2013, White purchased illegal narcotics in California and shipped the drugs to Maryland for distribution. During this time period, White sent shipments from the East Coast to California via FedEx and private freight carriers. In April 2011, law enforcement intercepted one of the shipments and found $30,000 in vacuum sealed packaging. The evidence further established that from August 2010 through May 2013, White sent 25 shipments, weighing at least 140 pounds each, from California to Maryland, through several private freight carriers.On May 28, 2013, law enforcement intercepted a crate shipment from California to a self-storage facility in Hyattsville, Maryland. Hidden inside a toaster oven within the crate were two bricks of cocaine weighing over two kilograms. The next day, a freight shipping company delivered the crate to the storage unit which was leased to White and a company that he controlled called City Urban. Later that same day, White arrived at the storage facility, unlocked his storage unit, pushed the crate inside and then closed his storage unit. As White attempted to leave the storage facility, he was arrested.
Law enforcement executed a search warrant on May 30, 2013 at White’s storage unit and found several empty crates; packaging material; two digital scales; metal measuring spoons, one of which had heroin residue; and three plastic bags containing approximately 185 grams of heroin. Law enforcement later executed a search at White’s residence on June 6, 2013, and seized $7,967; a .45 caliber pistol; ammunition; drug paraphernalia that contained heroin residue; and numerous cell phones, at least two of which contained text messages, in coded language, regarding the purchase and sale of narcotics.
United States Attorney Rod J. Rosenstein praised the DEA, Maryland Transportation Authority Police, Prince George’s County Police Department, Charles County Sheriff’s Office and Inglewood, California, Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorneys Nicolas Mitchell and Adam Ake, who prosecuted the case.U.S. Attorney Alicia Limtiaco Presents at the University of Guam’s LW390 ClassRead the Press Release
ALICIA A.G. LIMTIACO, U.S. Attorney for the Districts of Guam and the Northern Mariana Islands (NMI) was invited to speak on December 6, 2014. at the University of Guam’s LW390 Class Production regarding Human Trafficking. The LW390 class is the Human Trafficking Conference course that is taken alongside PA390, which is the Special Topics: Human Trafficking class. The conference class is meant give students an experience in presenting in a formal conference setting, as well as to display what they have learned in class. The PA390 course teaches students about Human Trafficking. There were approximately 100 students, professors, and government officers and officials in attendance at the forum.
U.S. Attorney Limtiaco spoke on the topic of “Human Trafficking Red Flags” and “Preventing Human Trafficking in the Pacific Region,” and shared information on the Pacific Regional Response to Combat Human Trafficking Initiative (the “Initiative”), which is a collaborative effort among the U.S. Attorney’s Office for the Districts of Guam and the NMI, the National District Attorneys Association, the Department of State, the Department of the Interior, the Guam Human Trafficking Task Force, the NMI Human Trafficking Intervention Coalition, and other community partners. U.S. Attorney Limtiaco also discussed the intersection and relationship between human trafficking, sexual assault, child abuse and domestic and family violence, and prevention and enforcement efforts in the Pacific region.
The Initiative employs a multidisciplinary model, including participation, coordination, and collaboration among law enforcement, prosecution, victim service providers, social services, medical, mental and public health professionals, faith based organizations, educational institutions, Consulates, and other community stakeholders. The Initiative calls for the establishment and provision of victim services, investigation and prosecution of human trafficking, training opportunities, community outreach/ public awareness and prevention programs, and creation of human trafficking task forces and coalitions in the Pacific region island communities. The Initiatives also provides fundamental training in human trafficking, including victimization, investigation and prosecution, prevention efforts, and other related topics to law enforcement, prosecution, victim service providers, social services, medical, mental and public health professionals, faith based organizations, educational institutions, Consulates, and other community stakeholders in our Pacific region island communities, which is critical to effective prevention and enforcement efforts in the region.
Front Row: Dr. John Rivera, Dean Annette Santos, Lt. Gov. Ray Tenorio, U.S. Attorney Limtiaco, Shirley Chu, Diana Reyes, Marlene Leon Guerrero, Natasha Taitague, and James Chin. Back row: Dr. Terry Donaldson, Dr. Ron McNinch, Dr. Ansito Walter and FBI SSRA Bill Corbett
U.S. Attorney Alicia Limtiaco addressing UOG Students and other attendees.
U.S. Attorney Alicia Limtiaco addressing UOG Students and other attendees.
Two Vonore Residents Plead Guilty to Mail Theft in Tellico VillageRead the Press Release
KNOXVILLE, Tenn. –On Dec. 2, 2014, Sarah Jane Duncan, 38, of Vonore, Tenn., pleaded guilty in U.S. District Court to theft of mail and possessing the identification of another without lawful authority. Amber Dawn Thomas, 33, also of Vonore, Tenn., pleaded guilty to these same charges on Dec. 5, 2014. Both were indicted by a federal grand jury in March 2014.
Sentencing for both Duncan and Thomas has been set for April 1, 2015, in U.S. District Court, Knoxville. Each faces a sentence of up to six months in prison and a fine of up to $250,000.
Facts included in the plea agreement on file with the U.S. District Court show that in December 2013 a resident called the Loudon County Sheriff’s Office to report finding a grocery bag containing mail of multiple residents of Tellico Village. That same day, the sheriff’s department received a report of a small car stopping at all the residence mailboxes in the Tanasi Lagoon area of Tellico Village. Officers spotted the vehicle later that day and observed the driver removing something from a mailbox. Officers stopped the vehicle and identified the driver as Thomas and the passenger as Duncan. A search warrant was obtained, which resulted in the officers finding and recovering stolen mail from inside the vehicle. Both Thomas and Duncan admitted to stealing mail. Additionally, they admitted to placing some of the mail in a grocery bag and throwing it out in Tellico Village as well as dumping other mail at a convenience store. Cash was found in a medical boot worn by Thomas, which she admitted was obtained from the stolen mail. Additionally, checks were found in Thomas’s purse as well as recovered from the police cruiser used to transport Duncan and her to jail.
This case was investigated by the Loudon County Sheriff’s Department and U.S. Postal Inspection Service. Assistant U.S. Attorney Jennifer Kolman represents the United States.
Two Members of Bronx Drug Trafficking Crew Convicted in Manhattan Federal Court for Murders, Drug Trafficking, Firearms Offenses, and Other CrimesRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced that ARMANI CUMMINGS, a/k/a “A1,” and JOSE MUNOZ, a/k/a “Rico,” were found guilty on December 12 of murder, drug trafficking, firearms offenses, and other crimes. The jury convicted CUMMINGS and MUNOZ on all 14 counts in the indictment following a four-week trial before U.S. District Judge Victor Marrero.
Manhattan U.S. Attorney Preet Bharara said: “Armani Cummings and Jose Munoz were members of a violent drug trafficking crew who themselves used violence in the extreme. As a unanimous jury found, they murdered three men who were rivals, for control of territory. Thanks to the FBI and the NYPD, Cummings and Munoz will likely never return to any section of the Bronx.”
According to court papers and the evidence admitted at trial:
ARMANI CUMMINGS, 23, and JOSE MUNOZ, 26, were members of a crack cocaine distribution organization operating in the Allerton Avenue section of the Bronx, New York, between 2006 and 2012, responsible for the distribution of crack cocaine. CUMMINGS and MUNOZ carried, possessed, and brandished firearms during the period of the charged narcotics conspiracy in order to protect their narcotics and narcotics proceeds, and to ensure that rival drug dealers did not encroach on their territory.
In or about mid-2009, a dispute over narcotics territory in the Allerton area erupted between a drug crew lead by CUMMINGS, and another drug crew. On January 14, 2010, as a result of this drug dispute, CUMMINGS shot and killed 18-year-old Laquan Jones, a/k/a “Bills.” On June 9, 2010, CUMMINGS, along with a criminal associate, shot and killed 45-year old Carl Copeland, a/k/a “Giovanni.” Jones and Copeland were both members of a rival drug crew, and had taken steps to keep CUMMINGS and CUMMINGS’s associates from selling crack in certain locations in the Allerton area.
MUNOZ, a/k/a “Rico,” who had been selling crack in the Allerton area in 2008, was released from jail in or about 2010, and returned to the Allerton area. MUNOZ joined CUMMINGS’s drug crew, and used violence and threats of violence to ensure that drug dealers from outside of Allerton did not sell crack in the area. In that regard, MUNOZ attacked a number of rival drug dealers in 2010, stole their crack, and warned them not to return. On December 31, 2011, while at a New Year’s Eve party, MUNOZ saw one of his drug rivals, Shameek Young, a/k/a “Boom.” Munoz then fired into a crowd of people, and hit Young in the back four times, killing him.
For their roles in the Allerton Avenue crack cocaine distribution conspiracy, CUMMINGS and MUNOZ were convicted of one count of conspiring to distribute 280 or more grams of crack; and with carrying and possessing guns in connection with, and in furtherance of, the narcotics conspiracy. CUMMINGS was also convicted, in six additional counts, with the narcotics-related murder of Laquan Jones, and of the murder of Carl Copeland. MUNOZ was convicted, on three counts, of the narcotics-related murder of Shameek Young. MUNOZ was also convicted of two counts of robbery, and one count of possessing and brandishing a firearm during, and in relation to, the robbery. CUMMINGS and MUNOZ will be sentenced by Judge Marrero on April 10, 2015. Both face mandatory life sentences.
U.S. Attorney Bharara praised the Federal Bureau of Investigation and the New York City Police Department for their outstanding work in this investigation.
The case is being prosecuted by the Office’s Violent and Organized Crime Unit. Assistant U.S. Attorneys Hadassa Waxman and Michael Gerber are in charge of the prosecution.
Two Kansans Plead Guilty to Operating Multimillion-Dollar Designer Drug BusinessRead the Press Release
KANSAS CITY, KAN. – Two Kansans pleaded guilty Monday to operating a synthetic drug business that generated at least $16 million in sales in less than two years, U.S. Attorney Barry Grissom said.
Tracy Picanso, 58, Olathe, Kan., and Roy Ehrett, 56, Olathe, Kan., each pleaded guilty to one count of conspiracy, one count of producing and selling misbranded drugs, one count of producing and selling counterfeit drugs and one count of conspiracy to launder money.
An indictment unsealed in April alleged Picanso and Ehrett owned an Olathe-based business producing and selling dangerous controlled substances and controlled substance analogues of THC (the active ingredient in marijuana) and methcathinones (stimulants).
They sold products under exotic names including Pump It, Head Trip, Black Arts, Grave Digger, Voodoo Doll and Lights Out. Some of the drugs were manufactured in buckets with drill-powered immersion mixers and tried out on “testers” who helped tweak the recipes by reporting on the drugs’ effects.
The operation stretched from Kansas to Missouri, California, Texas, Georgia and Colorado, involving more than 15 companies with more than 40 financial accounts at more than 10 financial institutions. Businesses owned and operated by the defendants included Retailing Specialists, Innovative Products 4U, The Outer Edge, Lakeridge Holdings, Monster Warehouse, Monster Distribution, Monster, 3P Distribution and Life Source.
Sentencing is set for April 13. Both parties have agreed to recommend a sentence between 7 and 15 years in federal prison.
Grissom commended the Drug Enforcement Administration, the Food and Drug Administration – Office of Criminal Investigations, the Department of Homeland Security, Homeland Security Investigations, Customs and Border Protection, the FBI, the Overland Park Police Department, the Johnson County Sheriff’s Office, the Olathe Police Department, the St. Joseph Police Department and the Buchanan County Drug Strike Force and Assistant U.S. Attorney Tanya Treadway for her work on the case.
Two Indicted on Conspiracy to Violate Immigration StatutesRead the Press Release
HARRISONBURG, VIRGINIA – A pair of individuals who ran a Harrisonburg-area restaurant have been indicted by a federal grand jury in the Western District of Virginia in Harrisonburg on charges related to the inducing and harboring of aliens.
Maria Rosalba Alvarado McTague, [Alvarado], 47, and Felix Adriano Chujoy, 26, both of Harrisonburg, Va., were indicted by a federal grand jury on December 4, 2014. That indictment was unsealed Friday evening following the defendants’ arrests and initial court appearances.
Alvarado and Chujoy have each been charged with one count of conspiracy to violate immigration statutes, two counts of harboring an alien, and two counts of inducing an alien for financial gain. In addition, Alvarado has been charged with one count of visa fraud.
According to the indictment, Alvarado and Chujoy, who are originally from Peru but have since become Naturalized United States Citizens, managed Inca’s Secret, a restaurant in Harrisonburg. Alvarado is accused of making regular trips to Peru, where she attempted to recruit victims to immigrate illegally to the United States for the purpose of working at Inca’s Secret.
The defendants promised to help smuggle the victims into the United States, told victims they would be paid for working at the restaurant and that they would be provided a place to live. In exchange, the victims had to work for Alvarado and Chujoy at Inca’s Secret for six months to work off the “debt” owed for smuggling and housing the victims.
However, once arriving in the United States, the indictment alleges, victims were forced to work 12-hours per day, seven days per week and provide services outside of their work at the restaurant. The victims were paid approximately $450 per month, effectively resulting in an hourly wage of less than $1.50 per hour. Alvarado and Chujoy housed the victims at their home and, according to the indictment, the victims did not feel free to leave. Other documents unsealed at the initial appearance reflect that Alvarado and Chujoy controlled the victims through isolation, threats, and harassment.
In addition, the indictment alleges that when one victim in Peru refused to cross into the United States illegally, Alvarado arranged to have a VISA application submitted to the U.S. Embassy in Peru on behalf of the victim which contained a variety of false and fraudulent information.
The victims were identified by a Good Samaritan who called the National Human Trafficking hotline who passed the tip onto law enforcement. The National Human Trafficking hotline can be reached at 1-888-373-7888.
The Indictment includes six counts. If convicted, the defendants could face ten years in prison and/or a fine of up to $250,000 for each charge.
The investigation of the case was conducted by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Federal Bureau of Investigation and the Commonwealth of Virginia Attorney General’s Office. Assistant United States Attorney Heather Carlton is prosecuting the case for the United States.
A Grand Jury Indictment is only a charge and not evidence of guilt. The defendant is entitled to a fair trial with the burden on the government to prove guilt beyond a reasonable doubt.
Two Convicted for Role in Manufacturing MethamphetamineRead the Press Release
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(304) 234-0100 ● Contact: Tara Tighe, Public Affairs SpecialistCLARKSBURG, WEST VIRGINIA – Two West Virginia residents were convicted in federal court today for their role in producing methamphetamine, United States Attorney William J. Ihlenfeld, II, announced.
Shawn David White, 32, of Bartow, West Virginia, pled guilty today to one count of “Possession of Material Used in the Manufacture of Methamphetamine - Aiding and Abetting.” He was discovered in August 2012 in possession of eight lithium batteries with one end removed and a plastic soda bottle with a white substance inside. He faces up to ten years in prison and a fine of up to $250,000.00.
Christina Lee Kimble, 31, also of Bartow, West Virginia, pled guilty today to “Possession of Pseudoephedrine to be Used in the Manufacture of Methamphetamine.” In July 2012, she purchased medications containing pseudoephedrine to be used in manufacturing methamphetamine. She faces up to 20 years in prison and fine of up to $250,000.00.
Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants.
Assistant U.S. Attorney Stephen Warner is prosecuting the cases on behalf of the government. The cases were investigated by the Mountain Region Drug and Violent Crimes Task Force, the United States Forest Service, the Pocahontas County Sheriff's Office, and the West Virginia State Police.
U.S. Magistrate Judge John S. Kaull presided.
Two Barnstable County Men Arrested on Drug ChargesRead the Press Release
BOSTON – Two Cape Cod men with extensive criminal histories were arrested and charged today with conspiring to violate federal drug laws.
Duane Gomez, a/k/a “Go-Go” or “G,” 39, of Falmouth, and Antone Andrade, a/k/a “Tank,” 34, of Bourne, were charged in criminal complaints with conspiracy to distribute, and to possess with intent to distribute, over 100 grams of heroin. In addition, Andrade is charged with conspiring to distribute cocaine.
As alleged in the complaint, the federal investigation leading to the two arrests began in fall 2013 and involved audio- and video-recorded drug transactions with both Gomez and Andrade. Over the course of the investigation, Gomez and Andrade allegedly sold cocaine and heroin worth thousands of dollars, and stashed drugs and money in locations in Falmouth, Bourne, and Mashpee. One of the heroin samples from Gomez tested positive for traces of fentanyl, a synthetic opiate that has been linked to overdoses when mixed with heroin.
The charging statute provides a sentence of no greater than 40 years in prison, a lifetime of supervised release, and a fine of up to $5 million. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz; Michael J. Ferguson, Acting Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Colonel Timothy P. Alben, Superintendent of the Massachusetts State Police; Michael D. O’Keefe, Cape and Islands District Attorney; Falmouth Police Chief Edward A. Dunne; Bourne Police Chief Dennis R. Woodside; Mashpee Police Chief Rodney Collins; and Barnstable County Sheriff James M. Cummings, made the announcement today. The case was investigated by the DEA Cape Cod Drug Task Force and the Massachusetts State Police Cape Cod Drug Unit. The case is being prosecuted by William F. Bloomer and Brian A. Pérez-Daple of Ortiz’s Major Crimes Unit.
The details contained in the complaint are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Trucker Convicted of Kidnapping and Interstate Domestic ViolenceRead the Press Release
After a week-long trial, a federal jury convicted a trucker and Florida resident of kidnapping and interstate domestic violence. Evidence adduced at trial showed that the defendant held the female victim captive for 10 days and inflicted psychological and physical abuse that included sexual battery. This was the first time an individual was charged with domestic violence in federal court in South Florida under the Interstate Domestic Violence statute.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
According to the evidence presented at trial, on August 21, 2014, the 40-year-old female victim leapt from a window of Timothy John Miers’, 47, 18-wheeler truck cabin and ran into the arms of civilians at a truck stop in Medley, Florida. These civilians, and later police officers, observed that the victim had bruises all over her body, two black eyes and was bleeding from her nose and ear.
The victim recounted to law enforcement the physical and psychological abuse, as well as the sexual battery, that Miers inflicted on her over the course of several days he held her captive. Miers had confined the victim in the cabin of his 18-wheeler truck between August 11, 2014 and August 21, 2014, while he drove from Boston to South Florida. Law enforcement’s entry into the defendant’s iPhone revealed a cache of photographs of the victim bruised and battered, which Miers had taken while the victim was held and terrorized. In addition, Miers had video recorded his sexual assault of the victim and forced her to engage in humiliating and degrading dialogue. During that video, Miers announced his intention to subject her to a life of sexual slavery and daily beatings. Miers stated to the victim that he had beaten and killed other women previously. In fact, that was the case.
At trial, two other women testified that they had been romantically involved with Miers until he became violent and abusive. Miers’ ex-wife testified that he confined, repeatedly beat, raped and degraded her. She also testified that Miers forced her to urinate in a bucket instead of in a toilet and sometimes refused to give her food unless she complied with all of his demands. Miers also threatened to kill his ex-wife and her daughter if she ever tried to escape. The last act of violence that the defendant inflicted on his ex-wife was a punch to the face that resulted in a fractured orbital socket and other injuries. Another former girlfriend was similarly beaten in the face by Miers when she tried to leave his vehicle against his command.
Evidence at trial further revealed that a fourth victim, also an ex-girlfriend, had been confined in a vehicle by Miers. This victim tried to escape by throwing herself from the fast moving vehicle into oncoming traffic. Several bystanders saw what happened and rendered aid while she screamed that Miers was going to kill her.
Although not admitted at trial, court filings reveal that one of Miers’ ex-girlfriends was reported missing after last being seen with him. Public filings detail that the missing woman’s blood was found behind some baseboards in the bathroom of the apartment they shared together. She has never been found and no charges have been filed relating to this woman’s disappearance. If anyone has any information regarding this incident, please call Detective Moises Garcia, Hillsborough County Sheriff’s Office Criminal Investigation Division, Homicide Section, (813) 247-0569.
At sentencing, Miers faces up to life in prison for kidnapping, in violation of Title 18, United States Code, 1201, and faces up to 10 years imprisonment on each count of Interstate Domestic Violence, in violation of Title 18, United States Code, Sections 2261.
U.S. Attorney Ferrer stated, “No human being should have to endure the abuse and terror that these women suffered at the hands of Timothy John Miers. Thanks to the bravery of the victims who testified and the other compelling evidence presented at trial, their captor has been brought to justice. Making full use of our federal laws, we were able to charge the defendant with kidnapping, and for the first time in this District, with federal domestic violence. We will continue to vigorously prosecute such acts of violence.”
“Gaining access to the data on Mr. Miers’ cell phone produced evidence that was an essential part of this investigation,” said George L. Piro, Special Agent in Charge for FBI Miami. “Miers videotaped his sexual assault of a victim and threatened to subject her to a life of sexual slavery and daily beatings. Now convicted of his heinous crimes, he faces the possibility of a long prison sentence.”
Mr. Ferrer commended the FBI for their efforts in the investigation of this case. Mr. Ferrer also thanked the Medley Police Department for their assistance and cooperation in this matter. This case was prosecuted by Assistant U.S. Attorney Michael Gilfarb and Vanessa Johannes.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Trucker Convicted of Kidnapping and Interstate Domestic ViolenceRead the Press Release
After a week-long trial, a federal jury convicted a trucker and Florida resident of kidnapping and interstate domestic violence. Evidence adduced at trial showed that the defendant held the female victim captive for 10 days and inflicted psychological and physical abuse that included sexual battery. This was the first time an individual was charged with domestic violence in federal court in South Florida under the Interstate Domestic Violence statute.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
According to the evidence presented at trial, on August 21, 2014, the 40-year-old female victim leapt from a window of Timothy John Miers’, 47, 18-wheeler truck cabin and ran into the arms of civilians at a truck stop in Medley, Florida. These civilians, and later police officers, observed that the victim had bruises all over her body, two black eyes and was bleeding from her nose and ear.
The victim recounted to law enforcement the physical and psychological abuse, as well as the sexual battery, that Miers inflicted on her over the course of several days he held her captive. Miers had confined the victim in the cabin of his 18-wheeler truck between August 11, 2014 and August 21, 2014, while he drove from Boston to South Florida. Law enforcement’s entry into the defendant’s iPhone revealed a cache of photographs of the victim bruised and battered, which Miers had taken while the victim was held and terrorized. In addition, Miers had video recorded his sexual assault of the victim and forced her to engage in humiliating and degrading dialogue. During that video, Miers announced his intention to subject her to a life of sexual slavery and daily beatings. Miers stated to the victim that he had beaten and killed other women previously. In fact, that was the case.
At trial, two other women testified that they had been romantically involved with Miers until he became violent and abusive. Miers’ ex-wife testified that he confined, repeatedly beat, raped and degraded her. She also testified that Miers forced her to urinate in a bucket instead of in a toilet and sometimes refused to give her food unless she complied with all of his demands. Miers also threatened to kill his ex-wife and her daughter if she ever tried to escape. The last act of violence that the defendant inflicted on his ex-wife was a punch to the face that resulted in a fractured orbital socket and other injuries. Another former girlfriend was similarly beaten in the face by Miers when she tried to leave his vehicle against his command.
Evidence at trial further revealed that a fourth victim, also an ex-girlfriend, had been confined in a vehicle by Miers. This victim tried to escape by throwing herself from the fast moving vehicle into oncoming traffic. Several bystanders saw what happened and rendered aid while she screamed that Miers was going to kill her.
Although not admitted at trial, court filings reveal that one of Miers’ ex-girlfriends was reported missing after last being seen with him. Public filings detail that the missing woman’s blood was found behind some baseboards in the bathroom of the apartment they shared together. She has never been found and no charges have been filed relating to this woman’s disappearance. If anyone has any information regarding this incident, please call Detective Moises Garcia, Hillsborough County Sheriff’s Office Criminal Investigation Division, Homicide Section, (813) 247-0569.
At sentencing, Miers faces up to life in prison for kidnapping, in violation of Title 18, United States Code, 1201, and faces up to 10 years imprisonment on each count of Interstate Domestic Violence, in violation of Title 18, United States Code, Sections 2261.
U.S. Attorney Ferrer stated, “No human being should have to endure the abuse and terror that these women suffered at the hands of Timothy John Miers. Thanks to the bravery of the victims who testified and the other compelling evidence presented at trial, their captor has been brought to justice. Making full use of our federal laws, we were able to charge the defendant with kidnapping, and for the first time in this District, with federal domestic violence. We will continue to vigorously prosecute such acts of violence.”
“Gaining access to the data on Mr. Miers’ cell phone produced evidence that was an essential part of this investigation,” said George L. Piro, Special Agent in Charge for FBI Miami. “Miers videotaped his sexual assault of a victim and threatened to subject her to a life of sexual slavery and daily beatings. Now convicted of his heinous crimes, he faces the possibility of a long prison sentence.”
Mr. Ferrer commended the FBI for their efforts in the investigation of this case. Mr. Ferrer also thanked the Medley Police Department for their assistance and cooperation in this matter. This case was prosecuted by Assistant U.S. Attorney Michael Gilfarb and Vanessa Johannes.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Topeka Man Sentenced in CarjackingRead the Press Release
TOPEKA, KAN. – A Topeka man was sentenced Monday to 84 months in federal prison on a carjacking charge, U.S. Attorney Barry Grissom said.
Michael Richard Wilkins, 21, Topeka, Kan., pleaded guilty to one count of carjacking. In his plea, Wilkins admitted that on Jan. 29, 2014, he and a co-defendant robbed and assaulted the owner of a 1999 Dodge Dakota truck. They stole the man’s money and keys and forced him into the truck. They left him in a field in north Topeka and drove away.
Co-defendant Shaun Lee Kendall was sentenced to 70 months in federal prison.
Grissom commended the Topeka Police Department, the FBI and Assistant U.S. Attorney Jared Maag for their work on the case.
Three Sentenced for Cocaine TraffickingRead the Press Release
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(304) 234-0100 ● Contact: Tara Tighe, Public Affairs SpecialistCLARKSBURG, WEST VIRGINIA – Three West Virginia residents were sentenced today for cocaine trafficking, United States Attorney William J. Ihlenfeld, II, announced.
Cherise Jones, 31, of Fairmont, West Virginia, was sentenced today to 70 months in prison for selling crack cocaine near Maple Avenue Apartments, a public housing authority facility in Fairmont, in June 2013. Jones pled guilty in August 2014 to one count of “Distribution of Cocaine Base within 1000’ of Protected Location” following an investigation by the Three Rivers Drug and Violent Crime Task Force.
Larry Clelland, 50, of Fairmont, West Virginia, and Robin Jackson, 42, of Morgantown, West Virginia were sentenced today for their role in selling crack cocaine in June 2013. Clelland and Jackson each pled guilty in August 2014 to one count of “Distribution of Cocaine Base” following an investigation by the Mon Valley Drug and Violent Crime Task Force. Clelland was sentenced to 30 months in prison with credit for time served from November 2014. Jackson was sentenced to 24 months in prison with credit for time served from November 2014.
Assistant U.S. Attorney Zelda Wesley prosecuted the cases on behalf of the government.
U.S. District Judge Irene M. Keeley presided.
Three Men Plead Guilty, Admit Participating in Violent Kidnapping and Jewelry Store RobberyRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that WILLIAM DAVIS, 27, of Allentown, Pa., JEFFREY HOUSTON, 28, of Allentown, and CHRISTOPHER GAY, 29, of Bronx, N.Y., have pleaded guilty in Hartford federal court to charges stemming from their involvement in a violent kidnapping and jewelry store robbery in April 2013.
According to court documents and statements made in court, at approximately 9:00 p.m. on April 11, 2013, at least four men wearing masks and gloves, two of whom were armed with handguns, broke into an apartment on Gravel Street in Meriden, Conn., bound four victims with duct tape and covered their heads with pillowcases, towels and jackets. Three of the perpetrators then forced two of the victims into a victim’s vehicle and drove to Lenox Jewelers in Fairfield, Conn., where the two victims worked. At the store, the perpetrators stole jewelry, watches and loose diamonds valued at between $4 million and $5 million. They then fled in the victim’s car, leaving the two victims bound inside the store.
DAVIS, HOUSTON and GAY have been detained since their arrests on May 22, 2013.
Today, DAVIS pleaded guilty to one count of interference with commerce by robbery and one count of use of a firearm during and in relation to a crime of violence. HOUSTON and GAY pleaded guilty to the same charges on December 8 and December 10, respectively.
When they are sentenced by U.S. District Judge Robert N. Chatigny in Hartford, each faces a maximum term of imprisonment of 20 years on the robbery charge and a mandatory consecutive term of imprisonment of at least seven years on the firearm charge. Each also faces a restitution order of approximately $3 million.
In pleading guilty, DAVIS, HOUSTON and GAY have agreed to forfeit gemstones, jewelry, watches and more than $127,000 in cash seized from them on May 22, 2013. HOUSTON also has agreed to forfeit his vehicle.
Two other individuals have been charged with participating in this kidnapping and robbery and are awaiting trial.
This matter is being investigated by the U.S. Marshals Service, Federal Bureau of Investigation, Fairfield Police Department and Meriden Police Department. U.S. Attorney Daly also acknowledged the assistance provided by the U.S. Marshals Service and FBI in New York and Pennsylvania; the York, Allentown and Bethlehem Police Departments in Pennsylvania, and the U.S. Attorney’s Office for the Eastern District of Pennsylvania.
This case is being prosecuted by Assistant U.S. Attorney Tracy Lee Dayton.
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(203) 821-3722 [email protected]Third Defendant Sentenced in Traffic Court CaseRead the Press Release
PHILADELPHIA – William Hird, 69, of Philadelphia, PA, was sentenced today to 24 months in prison for his role in a fraud scheme involving judges at the former Philadelphia Traffic Court. Hird, who was Director of Records at the time, pleaded guilty in January to 18 counts, including conspiracy, wire fraud, mail fraud and lying to the FBI when questioned about ticket fixing at Traffic Court. Hird is the third defendant sentenced in the fraud conspiracy that involved frequent and pervasive “ticket-fixing” at the Philadelphia Traffic Court. In addition to the prison term, U.S. District Court Judge Robert F. Kelly ordered Hird to pay a $5,000 fine and ordered one year of supervised release.
Former traffic court judge Fortunato Perri, Sr., who pleaded guilty on March 13, 2013, would receive traffic citation numbers, the names of offenders, or the actual citations to arrange "fixing" the ticket and would convey the information to William Hird. Hird, in turn, allegedly conveyed the request to the assigned judge or the judge’s staff. Hird was extremely loyal to Perri given that Perri helped Hird move up the ladder to a high-level administrator at Traffic Court. Recorded conversations demonstrate that Hird acceded to Perri's requests to "fix" certain tickets. Given Hird's position at Traffic Court and access to the judges, Hird was able to facilitate requests for ticket fixing for Perri.
As part of the scheme, tickets were "fixed" by either being dismissed, finding the ticket holder "not guilty," or finding the ticket holder guilty of a lesser offense. In many cases, the ticket holder did not even appear in Traffic Court, yet their ticket was "fixed." As a result, the ticketholders paid lesser or no fines and costs, and evaded the assessment of "points" on their driving record.
The case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys Denise S. Wolf and Anthony J. Wzorek.
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PATTY HARTMAN, Media Contact, 215-861-8525Third Bakersfield Man Pleads Guilty to Large Methamphetamine Trafficking ConspiracyRead the Press Release
FRESNO, Calif. – Miguel Marquez, 29, of Bakersfield, pleaded guilty today before U.S. District Judge Lawrence J. O’Neill to conspiring to distribute and possess with intent to distribute 4.5 kilograms of methamphetamine, United States Attorney Benjamin B. Wagner announced.
According to court documents, on October 22, 2014, agents arrested Luis Alfonso Mendivil Jr., 23, of Riverside, and Jonathen Leyva, 28, of Rialto after Mendivil and Leyva drove to Marquez’s residence from the Los Angeles area to deliver a shipment of crystal methamphetamine. Agents seized $30,630 from Mendivil and Leyva’s vehicle and approximately 2.6 kilograms of crystal methamphetamine and a firearm from inside Marquez’s home. At a nearby location, officers seized a stolen fully loaded machine pistol, approximately 1.9 kilograms of crystal methamphetamine and a scale. Marquez admitted that the seized methamphetamine, the stolen firearm, and drug paraphernalia were all his and that he possessed the methamphetamine with the intent to distribute to others.
Mendivil and Leyva both previously pleaded guilty to use of an interstate facility to aid racketeering. Earlier this month Leyva and Mendivil were each sentenced to five years in prison. All three defendants agreed to the criminal forfeiture of the $30,600 in seized currency as proceeds of their illegal drug activity.
Marquez is scheduled to be sentenced on March 9, 2015. Marquez faces a statutory penalty faces of not less than 10 years and up to life in prison. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case is the product of an investigation by the Kern County High Intensity Drug Task Force (HIDTA). Assistant United States Attorney Brian Delaney is prosecuting the case.
The Justice Department's Civil Rights Division Issues Non-Discrimination Principles to Guide Federal, State and Local Governments' Response to the Ebola VirusRead the Press Release
The Justice Department’s Civil Rights Division issued non-discrimination principles today to guide federal, state and local governments’ response to the Ebola virus. The division also issued guidance for protecting civil rights while responding to the Ebola virus and a reference guide on what legal protections may apply.
As the global response to the Ebola virus continues, it is important to remain vigilant in ensuring that the civil rights of all people are respected. Both science and the law must lead our efforts to ensure that unfounded fear and/or prejudice do not limit access to housing, education, benefits, services, and employment on account of race, color, national origin, citizenship status, disability or any other protected status. In addition, access to accurate health information is critical to providing all people with the ability to make informed decisions about whether or how the virus might affect them, their families and the community at large.
The non-discrimination principles are:
1. Ensure that there is no bullying, harassment or other unlawful discrimination directed at people who are or are perceived to be from an African country, of African descent or against people who have the Ebola virus or are perceived as having the virus. As in all emergencies, the Ebola virus may affect people of different races, ethnicities, nationalities, immigration statuses and disability statuses. Harassment and other forms of unlawful discrimination are not only illegal, but may discourage affected persons from coming forward to seek treatment or information. In considering whether there is any significant risk of a person being infected with Ebola, it is essential to determine whether the individual has been in direct contact with the bodily fluids of someone who has exhibited Ebola symptoms within the past 21 days. Policies that are overbroad or that are motivated by fear rather than facts may lead to unlawful discrimination. The United States will vigorously enforce laws prohibiting discrimination and unlawful harassment.
2. Provide information in languages other than English. Timely and accurate dissemination of public information is crucial for a successful response to any threat to public health. Large numbers of people do not read or understand English. Yet it is important for all members of the community to have access to pertinent public information, including information on how Ebola is contracted and the symptoms of Ebola. Messages directed at the residents in states and localities should be provided in the languages spoken by people with limited English proficiency in those areas, and should be written as clearly as possible. More information about ensuring language access can be found at www.lep.gov. Multi-lingual brochures on language access rights can be found at http://www.lep.gov/dojbrochures.html.
3. Provide access to information and services to people with disabilities. Many traditional notification methods are not accessible to or usable by people with disabilities. For instance, individuals who are deaf or hard of hearing cannot hear radio, sirens or other aural alerts. Individuals who are blind or have impaired vision cannot read standard printed materials. Individuals with cognitive disabilities may not understand complex language. Health care providers and other involved entities must reach out to individuals with disabilities in formats that are accessible to them. For more information on access for individuals with disabilities, please see www.ADA.gov.
The Civil Rights Division of the U.S. Department of Justice, together with other agencies throughout the federal government, will continue to monitor all civil rights issues related to Ebola. The division will continue to work with our federal agencies to ensure that civil rights protections are integrated into emergency planning and response efforts.
Tea Woman Sentenced in Marijuana Distribution and Money Laundering ConspiraciesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Tea, South Dakota, woman convicted of Conspiracy To Distribute Marijuana and Conspiracy To Commit Money Laundering was sentenced on December 8, 2014, by U.S. District Judge Karen E. Schreier.
Faith Ashely Rasmussen, age 21, was sentenced to 80 months in prison on each count, to run concurrently. Upon release she will be under supervised release for a period of 4 years on the drug charge and 1 year on the money laundering charge, also to run concurrently.
Ramussen was indicted with three others for Conspiracy to Distribute Marijuana and Conspiracy to Commit Money Laundering by a federal grand jury on March 5, 2014. She pled guilty to both offenses on September 2, 2014.
During her involvement in the distribution conspiracy, which ran from approximately January 2012 to December 2013, Rasmussen received marijuana through the mail in South Dakota from her source of supply in California. When the amounts of marijuana became too large to mail, Rasmussen had co-conspirators drive to California and back to South Dakota with large quantities of marijuana.
Rasmussen and others also formed a scheme to launder money. Rasmussen deposited the proceeds of marijuana sales into her bank account in South Dakota. She also deposited sales proceeds into the account of her source of supply, and instructed a co-conspirator to deposit marijuana proceeds into her account. The Defendant never deposited more than $10,000 in cash per occasion to intentionally avoid bank reporting requirements.
This case was investigated by the Sioux Falls Police Department, the Drug Enforcement Administration, and the Internal Revenue Service – Criminal Investigations. Assistant U.S. Attorney John E. Haak prosecuted the case.
Tacoma Man Sentenced to Ten Years in Prison for Possession of more than 10,000 Tablets of MethRead the Press Release
A Tacoma man who was arrested in a hotel room with as much as $200,000 worth of methamphetamine pills, was sentenced today in U.S. District Court in Tacoma to ten years in prison, announced Acting United States Attorney Annette L. Hayes. KYLE ANDREW EVERHART, 28, was convicted at trial of possession of methamphetamine with intent to distribute in September 2014. The jury determined the quantity of the drug as part of its verdict, which by law triggered a ten year mandatory minimum sentence. At sentencing U.S. District Judge Benjamin H. Settle noted that methamphetamine is “highly addictive” and a “poison.”
According to records filed in the case, EVERHART came to the attention of law enforcement in 2013, in connection with a drug distribution ring that moved as much as $1.2 million in drug proceeds through bank accounts since 2010. A search warrant executed in June 2013, resulted in the seizure of 4,700 MDMA pills, nearly a half a pound of cocaine, approximately 1,270 pills of oxycodone, and about 3 pounds of marijuana. Law enforcement officers also found a loaded Ruger semi-automatic handgun in the glove box of EVERHART ’s car. EVERHART was prosecuted in Pierce County Superior Court in connection with that conduct he was sentenced to a deferred jail term. In April 2014, he was arrested in a Tacoma hotel with two large bags of methamphetamine worth an estimated $100,000 to $200,000. Possession of those drugs was the subject of the federal prosecution.
The case was investigated by the South Sound Gang Task Force (SSGTF). The SSGTF is composed of members of the FBI Seattle Division, Lakewood and Tacoma police departments, the Washington State Patrol, the Washington State Department of Corrections, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and the Drug Enforcement Administration (DEA).
The case was prosecuted by Assistant United States Attorneys Jerrod Patterson and Rebecca Cohen.Suny Research Foundation to Pay $3.75 Million to Resolve False Claims Act LiabilityRead the Press Release
Grant Recipient Admits that it Submitted False Statements to the Federal Government
Relating to New York State’s Medicaid and Children’s Health Insurance ProgramsALBANY, NEW YORK: The Research Foundation for the State University of New York has agreed to pay the United States $3,750,000 to resolve allegations that its Center for Development of Human Services (CDHS) violated the False Claims Act by manipulating audits it performed of federally funded health care programs in New York State, announced United States Attorney Richard S. Hartunian.
The Research Foundation is a nonprofit educational corporation whose mission includes supporting research for the State University of New York. CDHS is a Research Foundation program headquartered at Buffalo State College, with offices in Albany, Buffalo, Syracuse, Rochester, and New York City. In 2007, Research Foundation entered into a contract with the New York State Department of Health to review and report to the federal government information concerning eligibility for New York State’s Medicaid and Children’s Health Insurance Programs (CHIP). These audits – known as the Payment Error Rate Measurement (PERM) and Medicaid Eligibility Quality Control (MEQC) reviews – were designed to measure, among other things, errors in local determinations as to which New York State residents were eligible to receive Medicaid and CHIP benefits during the period of October 1, 2007 through September 30, 2008.
The settlement resolves allegations that CDHS manipulated both the PERM and MEQC audits by prescreening and altering the cases selected for inclusion in what were supposed to be random sample reviews of New York State’s Medicaid and CHIP eligibility determinations. CDHS, which cooperated during the investigation, acknowledged in the settlement agreement that it submitted false statements to the Centers for Medicare & Medicaid Services pertaining to New York State’s eligibility error rates. Based in part on the findings of the investigation, Research Foundation adopted enhanced compliance measures, including appointing a Chief Compliance Officer to oversee the administration of the activities it sponsors.
United States Attorney Hartunian said: “The effort to provide better health care to more people at a lower cost depends on the faithful application of Medicaid eligibility requirements and the reduction of erroneous payments based upon accurate information provided by independent reviewers. In this case, the Center for Development of Human Services failed to fulfill its contractual obligation, as a federal grant recipient, to deliver the accurate and reliable information necessary to maintain the integrity of the Medicaid program. We will continue to pursue vigorously entities that deliver substandard work on taxpayer-funded projects and violate the public trust by falsifying information to receive federal funds.”
“CDHS skewed its audits of New York health care programs for its own gain. We will not tolerate such schemes, which waste scarce federal taxpayer dollars and undercut the integrity of public health care programs,” said Thomas O’Donnell, Special Agent in Charge, United States Department of Health and Human Services, Office of Inspector General (HHS-OIG), New York region.
The government’s investigation was triggered by a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act, which allows private persons, known as “relators,” to file civil actions on behalf of the United States and share in any recovery. The relators in this case will receive $825,000, which is 22% of the settlement proceeds. The case is docketed with the United States District Court for the Northern District of New York under number 10-cv-385.
The investigation and settlement were the result of a coordinated effort between the United States Attorney’s Office for the Northern District of New York, the Department of Justice’s Civil Division (Fraud Section), and HHS-OIG. Locally, the United States was represented by Assistant United States Attorney Adam J. Katz.
St. Charles Man Pleads Guilty to False Income Tax ReturnRead the Press Release
DES MOINES, IA - On December 12, 2014, Jay A. Ochanpaugh, of St. Charles, Iowa, and formerly of Ames, Iowa, pled guilty to one count of willfully subscribing to a false income tax return, announced United States Attorney Nicholas A. Klinefeldt. On October 25, 2010, Ochanpaugh made and signed an individual income tax return, Form 1040, for the calendar year 2009, in which Ochanpaugh knowingly and intentionally failed to report all income he had received in 2009.
Sentencing is scheduled for March 20, 2015, at 10:00 a.m. at the United States Courthouse in Des Moines, Iowa. Ochanpaugh faces a maximum sentence of three years imprisonment, a fine of up to $100,000 and a term of supervised release of one year.
This investigation was conducted by Internal Revenue Service Criminal Investigation, and this case is being prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
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Spartanburg Man Receives 88 Months for Child Pornography PossessionRead the Press Release
Contact Person: Bill Watkins (864) 282-2100
Columbia, South Carolina ----United States Attorney Bill Nettles stated today that Kenneth D. Griffin, Jr., age 34, of Spartanburg, was sentenced today in federal court in Greenville, to possession of child pornography, a violation of Title 18, United States Code, Section 2255A. Senior United States District Judge Henry M. Herlong, Jr. of Greenville sentenced Griffin to 88 months imprisonment and ordered him placed on supervised release for life.
Evidence presented at the change of plea hearing established that AOL provided information that an individual in Spartanburg County was sending e-mails containing images of child pornography. The FBI performed an investigation and traced the e-mail account and physical address connected to the messages to Griffin’s home.
The FBI obtained a search warrant for this address and executed it on April 10, 2013. A computer was seized. A forensic exam of the computer revealed hundreds of images of child pornography. After the seizure Defendant met with the FBI and admitted that he had been seeking child pornography using chat rooms on Yahoo.
The case was investigated by agents of the Federal Bureau of Investigation. Assistant United States Attorney Bill Watkins of the Greenville office handled the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices, 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 identify and rescue victims. For more information, please visit www.projectsafechildhood.gov.Southern California Physician Sentenced to 22 Months in Prison for Medicare FraudRead the Press Release
A Southern California physician was sentenced to 22 months in federal prison today for his role in a conspiracy to commit Medicare fraud.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, Acting U.S. Attorney Stephanie Yonekura of the Central District of California, Special Agent in Charge Glenn R. Ferry of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) Los Angeles Region and Assistant Director in Charge Bill Lewis of the FBI’s Los Angeles Field Office made the announcement.
Dr. Jason C. Ling, 43, of Spring Valley, California, pleaded guilty in June 2014, to conspiracy to commit health care fraud. According to his plea agreement, between March and November 2010, Dr. Ling conspired with others to defraud the Medicare program by writing medically unnecessary prescriptions for expensive power wheelchairs and other durable medical equipment (DME). Dr. Ling obtained patients for his Spring Valley medical clinic from a street-level recruiter, or “marketer,” who referred Medicare beneficiaries for medically unnecessary DME prescriptions. Dr. Ling’s prescriptions were provided to owners of DME companies, including Eucharia Okeke, who used the fraudulent prescriptions to submit approximately $496,794 in false claims to Medicare.
In addition to the prison term, U.S. District Judge George H. Wu of the Central District of California ordered Dr. Ling to pay $311,145 in restitution to the Medicare program.
Eucharia Okeke, pleaded guilty for her role in the conspiracy on Aug. 25, 2014. Her sentencing hearing is scheduled for Feb. 26, 2015.
The case was investigated by the FBI and the Los Angeles Region of HHS-OIG. The case was prosecuted by Trial Attorney Alexander F. Porter of the Criminal Division’s Fraud Section.
The case was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Central District of California. Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 2,000 defendants who have collectively billed the Medicare program for more than $6 billion. In addition, HHS’s Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov.
Seventh Los Angeles Sheriff’s Deputy Guilty of Obstructing Justice for Interfering with Civil Rights Investigation Sentenced to PrisonRead the Press Release
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USDOJ: US Attorney's Office - CENTRAL DISTRICT OF CALIFORNIA - 161LOS ANGELES – The seventh and final deputy in the Los Angeles Sheriff’s Department convicted of obstruction of justice for interfering with a grand jury investigation into misconduct at the Men’s Central Jail was sentenced this morning to 18 months in federal prison.
James Sexton, 30, was sentenced by United States District Judge Percy Anderson, who said the defendant “lost the courage to stand up when he knew things were wrong.”
After his case was severed from the other six defendants in the case, Sexton was found guilty in September of attempting to quash an investigation by the FBI into civil rights abuses at jail facilities operated by the Sheriff’s Department. The jury determined that Sexton was part of a broad conspiracy to obstruct justice – a plot in which conspirators, including two lieutenants, attempted to influence witnesses, threatened an FBI agent with arrest and concealed an FBI informant who should have been turned over to federal authorities. Sexton was found guilty of conspiring to obstruct justice and obstruction of justice.
The conspiracy to obstruct justice began in the summer of 2011 after sheriff’s deputies assigned to the Men’s Central Jail learned that a jail inmate was an FBI informant and was acting as a cooperator in a federal investigation into corruption and civil rights violations at the jail. The evidence showed that the defendants learned that the inmate received a cellular phone from a deputy sheriff who took a bribe and that the inmate was part of a federal civil rights investigation. Those involved in the obstruction scheme took affirmative steps to hide the cooperator from the FBI and the United States Marshals Service, which was attempting to bring the inmate into federal custody pursuant to an order issued by a federal judge. As part of the conspiracy, records were altered to make it appear as if the cooperator had been released, but he was re-booked under different names.
The jury heard evidence that Sexton, who was part of a gang intelligence unit called Operation Safe Jails (OSJ), changed the name of the informant and his booking number in the jail computer system, which allowed members of the conspiracy to hide the informant from the FBI.
Sexton’s lieutenant “called him into the OSJ office and asked defendant Sexton to use his expertise in navigating the archaic LASD computer system to help [hide the informant] from the federal authorities,” prosecutors wrote in a sentencing document filed with the court. “Defendant knew he was being asked to become an essential part of a criminal plan. Defendant knew that he would be taking part in wrongdoing, and, as the conspiracy progressed, he knew time after time that the actions he took and those taken by his co-conspirators were wrong and illegal.”
Following the 1½-year prison term, which Judge Anderson ordered to begin on February 16, 2015, Sexton will be on supervised release for one year.
Six co-conspirators who were tried separated were found guilty of obstruction of justice and other charges earlier. They were sentenced in September to federal terms of up to 41 months (see: http://www.justice.gov/usao/cac/Pressroom/2014/127.html).
Release No. 14-161
Reisterstown Couple Sentenced for Filing False Tax ReturnsRead the Press Release
Failed to Report Over $875,000 in Income for Tax Years 2006 through 2009
Baltimore, Maryland – U.S. District Judge Richard D. Bennett sentenced Alexsander Korotitsky, age 54, of Reisterstown, Maryland today to six months in prison followed by six months of home detention as part of one year of supervised release, for filing false income tax returns. Judge Bennett sentenced Alexsander’s wife, Luba Korotitsky, age 50, also of Reisterstown, to one year of probation on the same charge. Judge Bennett also ordered the Korotitskys to pay restitution of $272,268.67.
The sentences were announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Thomas J. Kelly of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office; and Special Agent in Charge William P. McMullan of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division.
According to their plea agreements, the Korotitskys each received income from separate sources that they deposited into their jointly held personal account, as well as other accounts, and failed to disclose that income to their income tax return preparer. As a result, the Korotitskys filed false income tax returns for tax years 2006 through 2009.Luba Korotitsky is a 50% owner of a hair salon business. She diverted gross receipts from the hair salon business into the couple’s joint bank account, as well as an account in her name. Luba Korotitsky admitted that she provided the return preparer with the business bank account statements, but not with her personal bank statements.
Alexsander Korotitsky failed to report income he received from an installment sale contract related to the sale of his business, A&A Medical Supply, in 2006. He also failed to report substantial income he received from an associate through an account the associate controlled in the name of A&A International. Alexsander Korotitsky invested money in A&A International for the purchase and subsequent sale of vehicles abroad, and kept the profits of the sales. He also received income in the A&A International bank account from foreign owned businesses, wrote himself checks from the A&A International account, and used the account to pay personal expenses, such as the couple’s mortgage.
The investigation of the Korotitskys began during an investigation of an arson at the home of Saleh Fakhoury, when law enforcement learned that Korotitsky was a possible business partner of Fakhoury in a local pizzeria business. Korotitsky’s name appeared as an owner on the bank account for Fakhoury Enterprises. Over $215,000 was deposited in the Fakhoury Enterprises account from June 3, 2008 to February 2009, mostly checks from or for the benefit of the Korotitskys.
A search of the Korotitskys home on May 5, 2010, recovered over $70,000 in cash, as well as their 2008 and 2009 tax returns, which reflected that they had only $4,192 in taxable income in 2008 and no taxable income in 2009. A financial investigation by the IRS followed for tax years 2006 through 2009.
Investigation showed that the Korotitskys lived a lavish lifestyle, which was inconsistent with their reported income. The Korotitskys took cruises to Europe in 2006 and 2007; purchased expensive jewelry, including a $29,000 Patek Phillipe watch; and purchased luxury automobiles including a BMW and two Lexus. Alexsander Korotitsky used other people’s personal and business bank accounts to pay for his living expenses, cars, jewelry and vacations, and during the investigation maintained some level of control over at least eight companies’ business checking accounts.
A bank deposit analysis indicated that the Korotitskys had a total of $875,382.48 in unreported income for tax years 2006 through 2009. In April 2013, the couple filed amended tax returns for those years, which included checks totaling $66,184 as restitution to the IRS. However, the amended tax returns reflected that Alexsander Korotitsky earned the income from his wife’s beauty salon, not from any of the businesses which he was associated with, so the amended returns were also false.
The federal tax loss is approximately $230,688 and the Maryland tax loss is $41,580.67, resulting in a total of $272,268.67 owed by the defendants.
United States Attorney Rod J. Rosenstein praised the IRS-CI and ATF for their work in the investigation and thanked Assistant U.S. Attorney Sandra Wilkinson, who prosecuted the case.Porcupine Man Sentenced for EscapeRead the Press Release
United States Attorney Brendan V. Johnson announced that a Porcupine, South Dakota, man convicted of Escape was sentenced on December 4, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Jesse Miller, age 27, was sentenced to time served and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
A criminal complaint charging the Escape was filed against Miller on July 23, 2014. He pled guilty to the Escape charge on August 21, 2014.
The conviction related to Miller being in Porcupine without permission on July 18, 2014, as he was assigned to home confinement in Rapid City.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Pimp Arrested by DPS in Wilbarger County Is Sentenced to 41 Months in Federal Prison for Transporting A Woman from Wyoming and Colorado to Texas to Engage in ProstitutionRead the Press Release
WICHITA FALLS, Texas — A man who admitted transporting a woman from Wyoming and Colorado to Texas to engage in prostitution was sentenced this morning in federal court in Wichita Falls, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Matthew Ross Cummings, 24, most recently of Aurora, Colorado, was sentenced to 41 months in federal prison by U.S. District Judge Reed C. O’Conner. One week before his trial was to begin, Cumming pleaded guilty to an indictment charging one count of transportation of an individual to engage in prostitution.
According to documents filed in the case, on March 20, 2013, a Trooper with the Texas Department of Public Safety (DPS) initiated a traffic stop of a Budget rental truck travelling eastbound on Highway 287 in Wilbarger County. The Trooper also noticed that the rental truck was travelling in unison with a silver Chevrolet sedan. The driver of the rental truck was identified as Cummings. He was arrested after controlled substances were found in the passenger and storage areas of the truck.
An iPad located in the rental truck contained a journal written by a female who indicated in the journal that she was a prostitute and Cummings was her pimp. When confronted, Cummings admitted he was a pimp and made all the money. He also admitted that the Budget truck was rented on March 19, 2013 in Denver, Colorado, and was due to be returned to Budget in Houston, Texas on March 25, 2013.
Another DPS Trooper located the silver sedan travelling east in Clay County, Texas. After a traffic stop, the female passenger said she was travelling with Cummings and the car she was travelling in belonged to Cummings, who was driving a Budget rental truck. She confirmed that she wrote the journal that law enforcement found on the iPad. She advised that she had worked as a prostitute for Cummings for approximately one year and that she gave Cummings all of the money she earned.
The female said that she and Cummings went on trips to make money. Cummings admitted that on February 6, 2013, he checked into a hotel in Casper, Wyoming, and that same day, created an online advertisement for the female’s prostitution services in Casper. That advertisement was renewed/modified approximately 10 times from February 6 – February 10, 2013. The female’s prostitution services were offered in Casper as recently as March 17, 2013.
Texas DPS investigated. Assistant U.S. Attorney Mary Walters prosecuted.
Owner of Parsippany-Based Diagnostic Testing Facility Pleads Guilty to Health Care FraudRead the Press Release
NEWARK, N.J. - A Morris County, New Jersey, man pleaded guilty today to health care fraud in a scheme to bill for diagnostic testing services he did not render and to enable a cardiologist to evade the Medicare program’s pre-payment review of his claims, U.S. Attorney Paul J. Fishman announced.
Vijay Patel, 57, of Parsippany, New Jersey, pleaded guilty before U.S. District Judge Esther Salas in Newark federal court to an information charging him with one count of health care fraud.
According to documents filed in this case and statements made in court:
From 2009 to the present, Patel has been the owner of a diagnostic testing facility in Parsippany called Mobile Diagnostic Testing of NJ LLC (Mobile Diagnostic). He was also a participant in Medicare.
Patel had an associate identified as “S.A.,” who was a cardiologist and also a participant in the Medicare program. From around 2009 through 2012, S.A.’s Medicare contractor had placed him on so-called “pre-payment review,” which was initiated to ensure that S.A. was submitting claims within established rules and regulations and consistent with appropriate medical decision-making, and which required S.A. to submit medical and other documentation to support the services being billed to Medicare. Under pre-payment review, claims for reimbursement that did not have the documentation necessary to support the services being billed are rejected by the Medicare contractor.
From November 2009 through October 2012, Patel and S.A. engaged in a scheme to defraud Medicare whereby S.A. paid Patel substantial sums of money to enable S.A. to evade Medicare’s prepayment review. Patel admitted in court that he submitted claims to Medicare for diagnostic testing services that S.A. had performed as if Mobile Diagnostic had performed the services instead of S.A. Once Medicare paid Patel and Mobile Diagnostic for diagnostic testing services that S.A. had actually provided, Patel then transferred a portion of the payment to S.A. and kept a substantial portion for himself.
The charge to which Patel pleaded guilty carries a maximum potential penalty of 10 years in prison and a maximum $250,000 fine, or twice the gain or loss caused by the offense. Sentencing is scheduled for March 23, 2015.U.S. Attorney Fishman credited special agents of the U.S. Department of Health and Human Services, Office of the Inspector General, under the direction of Special Agent in Charge Tom O’Donnell, for the investigation leading to the guilty plea.
The government is represented by Assistant U.S. Attorney Scott B. McBride, Deputy Chief of the U.S. Attorney’s Office’s Economic Crimes Unit.
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Defense counsel: Richard M. Asche Esq., New York
Patel, Vijay Information
Northern California Attorney Sentenced for Attempted Tax EvasionRead the Press Release
SACRAMENTO, Calif. — Orion Douglas Memmott, 75, formerly of Willows, was sentenced today by United States District Judge Kimberly J. Mueller to 18 months in prison for attempted tax evasion and subscribing to a false tax document, United States Attorney Benjamin B. Wagner announced.
According to testimony presented at trial, Memmott, a Stanford Law School graduate and tax attorney, stole hundreds of thousands of dollars from investors and law firm clients to spend on his own expenses, including failed day trading, travel, and personal trainers. Some of this money was removed from a client’s medical trust, leaving her destitute and homeless. Memmott concealed the embezzled money through the use of nominee accounts and false statements to investors, clients, and the IRS. Memmott also concealed his real estate holdings and rental income from IRS collection agents who were seeking to collect more than $650,000 in unpaid taxes for tax years 1993-1999.
“For years, Mr. Memmott acted as if his law license placed him beyond the reach of the law,” said U.S. Attorney Wagner. “Today, in sentencing Mr. Memmott to prison, the Court made clear that attorneys who commit crimes should not expect special treatment.”
“Mr. Memmott misused his position and defrauded friends, clients and the government out of hundreds of thousands of dollars,” said IRS-Criminal Investigation Acting Special Agent in Charge Thomas McMahon. “Attorneys are trusted with the confidence of others and are expected to uphold the law and pursue justice with integrity. Those who intentionally cheat by not paying their taxes should know that they will not go undetected and will be held accountable.”
This case was the product of an investigation by the Internal Revenue Service, Criminal Investigation. Assistant United States Attorneys Michael D. Anderson and Kevin Khasigian prosecuted the case.
New Iberia Man Sentenced to 24 Months in Prison for Theft of Government FundsRead the Press Release
LAFAYETTE, La. – United States Attorney Stephanie A. Finley announced today that a New Iberia man was sentenced to 24 months in prison for lying in order to receive more than $350,0000 in Social Security Administration (SSA) benefits.
Buddy Estelle, 53, of New Iberia, La., was sentenced by U.S. District Judge Elizabeth E. Foote for one count of making a false statement to the Social Security Administration. He was also sentenced to three years of supervised release and ordered to pay $352,937.20 in restitution. According to evidence presented at the September 12, 2013 guilty plea, Estelle started receiving SSA disability payments in 1984. While attending a routine meeting concerning his benefit eligibility on Feb. 8, 2011, he told SSA staff members at the New Iberia office that he had not worked since 2000. During the guilty plea, Estelle admitted that he has been self-employed since 2000. He owns a business that buys and crushes cars for scrap. Estelle admitted to improperly receiving $352,937.20 of benefits to which he was not entitled.
The Social Security Administration and the Louisiana State Police conducted the investigation. Assistant U.S. Attorney Kelly P. Uebinger prosecuted the case.
New Hampshire Man Pleads Guilty to Firearms ChargesRead the Press Release
CONCORD, NEW HAMPSHIRE – Johnathon Irish, 28, of Brentwood, New Hampshire, has entered a guilty plea in the United States District Court for the District of New Hampshire to one count of aiding and abetting the making of a material false statement in connection with the acquisition of a firearm, and one count of lying to a federal law enforcement agent, announced United States Attorney John P. Kacavas.
In February 2013, Irish was interviewed by a Special Agent with the Federal Bureau of Investigation, pursuant to an open FBI investigation into Irish’s firearms activities. During that interview, when asked about the status of his personal firearms, Irish falsely stated that he had sold all of his firearms to a friend, when they had in fact been concealed from authorities. Several months later, in September of 2013, Irish instructed another individual to purchase a firearm for him in that individual’s name, thereby circumventing the legally required background check. Irish will be detained pending sentencing, which is presently scheduled for February 23, 2015.
This prosecution arose from an investigation by the Federal Bureau of Investigation, which was assisted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Brentwood Police Department. The case is being prosecuted by the United States Attorney for the District of New Hampshire, John P. Kacavas, and Assistant United States Attorney Nick Abramson.Navajo Man from Colorado Pleads Guilty to Federal Child Abuse Charge in New MexicoRead the Press Release
ALBUQUERQUE – Staffred Kai Begay, 42, of Durango, Colo., pleaded guilty today to a federal child abuse charge under a plea agreement with the U.S. Attorney’s Office.
Begay was arrested on Aug. 12, 2014, on a criminal complaint charging him with child abuse. According to the criminal complaint, on Aug. 7, 2014, a Navajo Indian juvenile (victim) called the authorities to report that Begay was assaulting the victim’s mother at a residence located on the Navajo Nation Indian Reservation in San Juan County, N.M. Officers of the Navajo Nation Division of Public Safety responded to the call, but found no one at the residence. The officers responded to a second call in the early morning hours of Aug. 8, 2014, and learned that Begay struck the victim with an axe and broke the victim’s arm.
Today Begay pled guilty to an indictment charging him with abuse of a child resulting in serious bodily injury. In entering the guilty plea, Begay admitted that on Aug. 7, 2014, he put a child in a situation that endangered the child’s life and resulted in serious bodily injury to the child.
At sentencing, Begay faces a statutory maximum penalty of three years in prison. His sentencing hearing has yet to be scheduled.
This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety and the Farmington office of the FBI and is being prosecuted by Assistant U.S. Attorney Kyle T. Nayback.
Mexican National Convicted of Illegal ReentryRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Tara Tighe, Public Affairs SpecialistMARTINSBURG, WEST VIRGINIA – Mexican national Rogelio Portillo Vasquez, 38, was convicted of illegal reentry after authorities discovered that he was in the U.S. unlawfully, United States Attorney William J. Ihlenfeld, II, announced today.
Portillo Vasquez was previously deported to Mexico in May 2012. In September 2014, authorities discovered that he was in Jefferson County, West Virginia without permission.
Portillo Vasquez pled guilty to a criminal Information charging him with one count of “Re-entry by a Removed Alien.” He faces up to two years in prison and a fine of up to $250,000.00. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Paul Camilletti is prosecuting the case on behalf of the government. U.S. Immigration and Customs Enforcement is investigating.
U.S. Magistrate Judge Robert W. Trumble presided.
McLaughlin Man Acquitted of Assault ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man was acquitted by a federal jury in Pierre on December 9, 2014, on two counts of Assault with a Dangerous Weapon and one count of Assault Resulting in Serious Bodily Injury.
Justin Walking Elk was indicted by a federal grand jury on April 15, 2014.
The charges stemmed from events which were alleged to have occurred in October 2013.
The investigation was conducted by the Bureau of Indian Affairs, Standing Rock Agency. The U.S. Attorney's Office prosecuted the case.
Martinsburg Man Convicted for Cocaine TraffickingRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Tara Tighe, Public Affairs SpecialistMARTINSBURG, WEST VIRGINIA – Courtney Lamar Jenkins, 26, of Martinsburg, West Virginia, was convicted in federal court today for his role in a conspiracy to distribute crack cocaine, United States Attorney William J. Ihlenfeld, II, announced.
From July 2012 through January 2013, Jenkins and others collaborated to sell crack cocaine throughout Northern West Virginia. He pled guilty today to one count of “Drug Conspiracy” following an investigation by the Eastern Panhandle Drug and Violent Crime Task Force, a HIDTA-funded initiative.
Assistant U.S. Attorney Jarod Douglas is prosecuting the case on behalf of the government.
U.S. Magistrate Judge Robert W. Trumble presided.
Lancaster Women Sentenced in Tax Fraud SchemeRead the Press Release
Contact Person: DeWayne Pearson (803) 929-3000
Lancaster, South Carolina ----United States Attorney Bill Nettles stated thatAisha J. Craig, age 35, and Ebony N. Eddie, age 34, both of Lancaster, were sentenced in Federal Court for their involvement in a scheme to submit fraudulent tax returns to the Internal Revenue Service. According to facts presented in court, Craig and Eddie used stolen identities to receive over $100,000 in fraudulent tax returns. Both women entered guilty pleas to charges of presenting false claims to the United States in violation of Title 18, United States Code, Section 286, and aggravated identity theft, a violation of Title 18 United States Code, Section 1028A. Craig was sentenced to 48 months and Eddie was sentenced to 54 months imprisonment for their roles in the scheme.
“Investigating refund fraud and identity theft is a top priority of IRS Criminal Investigation”, said IRS-CI Special Agent in Charge Thomas J. Holloman III. “Stealing identities and filing false tax returns is a serious crime that hurts innocent taxpayers. Today’s sentencing’s should serve as a strong warning to those considering similar conduct. Law enforcement and the US Attorney’s Office will vigorously pursue these crimes and will hold those accountable who would defraud the government.” The case was assigned to Assistant United States Attorney T. DeWayne Pearson of the Columbia office for prosecution.Justice Department Seeks to Shut Down California Tax Return PreparersRead the Press Release
Tax Return Preparers Allegedly Claimed False Deductions and Credits on Tax Returns
The Justice Department announced today that it has asked a federal court in California to permanently bar Vida Farley and AJV Bookkeeping Inc. from preparing tax returns for others.
According to the complaint, the government alleges that, for the past several years, the defendants engaged in a pattern of claiming false education credits and false or grossly inflated Schedule A deductions for charitable contributions, unreimbursed employee business expenses and other expenses on behalf of their customers.
According to the suit, which was filed in the U.S. District Court for the Eastern District of California, Farley has been a tax return preparer for more than 20 years and since 2008, has operated a tax return preparation business through AJV Bookkeeping Inc. The defendants’ practices of claiming false deductions and education credits have resulted in significant lost tax revenues as they understate tax liabilities and claim improper refunds, according to the suit.
Specifically, the suit alleges that the Internal Revenue Service (IRS) examined more than 200 returns the defendants prepared between 2010 and 2014, and that more than 96 percent of these returns have resulted in adjustments to tax, with the proposed deficiencies averaging roughly $4,000 per return. The complaint alleges that the defendants prepared more than 17,000 returns between 2010 and 2014.
Return preparer fraud is one of the IRS’s Dirty Dozen Tax Scams for 2014. The IRS has some tips on their website for choosing a tax preparer. In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Jury Returns Guilty Verdicts Against Members of Violent Loan Sharking and Illegal Gambling RingRead the Press Release
A federal jury today returned guilty verdicts against four defendants charged in a loan sharking and illegal gambling ring that was run out of several Philadelphia businesses, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney Zane David Memeger of the Eastern District of Pennsylvania.
Ylli Gjeli, 49, Fatimir Mustafaraj, aka “Tony,” 42, Gezim Asllani, aka “Sam,” 35, Rezart Rahmi Telushi, aka “Luigi,” 41, all of Philadelphia, were found guilty following a six-week jury trial of engaging in a racketeering conspiracy, racketeering collection of unlawful debts, making extortionate extensions of credit, collections of extensions of credit by extortionate means. Additionally, Gjeli, Mustafaraj and Aslanni were convicted of counts involving extortionate extension of credit. Finally, Gjeli and Mustafaraj were convicted of illegal gambling. U.S. District Judge William H. Yohn Jr. scheduled sentencing hearings for March 2015.
According to evidence presented at trial, the defendants’ enterprise used businesses in Philadelphia, including the Lion Bar & Grill, Blackbird Café and “Ylli’s 2 Brothers,” to conduct the illegal loan sharking and gambling activities. The enterprise generated money by making and collecting on loans with usurious rates of interest, and making loans to customers whose debts were incurred through the enterprise’s illegal gambling business. The evidence established that from October 2011 to 2013 alone, the enterprise extended 125 usurious loans totaling $1.78 million with annual interest rates ranging from 104 percent to 395 percent. Further, the evidence established that from February 2007 to August 2013, the organization’s online sports betting website contributed more than $2.9 million in gross profits.
Members and associates of the enterprise cultivated their reputations within the organization by threatening customers with dangerous weapons such as firearms and a hatchet, and threating to kill, assault or “break the legs” of delinquent customers if they did not pay their debts, and also by physically assaulting subordinate members and associates who stole from the organization.
The evidence at trial demonstrated that Gjeli was a “boss” of the organization, Mustafaraj served as “muscle” to forcefully collect debts owed to the organization, and Asllani and Telushi served as “collectors,” both making loans and collecting the weekly payments from customers. Gjeli and Mustafaraj directed the other members in the loan sharking activities and illegal gambling business, financed loans and the gambling operation, used intimidation and threats of violence against customers to collect loan payments, and physically assaulted subordinate members and associates who stole from the organization. Asllani and Telushi assisted Gjeli and Mustafaraj in making loans, and regularly collected weekly loan payments from customers.
The evidence also demonstrated that the defendants attempted to conceal the existence and operations of the enterprise from law enforcement by limiting their discussions of criminal activities when on the phone, using cryptic and coded language to describe criminal activities, conducting pat-downs and body searches of customers to check for weapons and recording devices, and conducting the enterprise’s transactions primarily in cash.
The case was investigated by the FBI, Pennsylvania State Police, New Jersey State Police, Montgomery County Detectives, and the Internal Revenue Service-Criminal Investigation. It is being prosecuted by Trial Attorney Margaret Vierbuchen of the Justice Department’s Organized Crime and Gang Section and Assistant U.S. Attorney Salvatore L. Astolfi of the Eastern District of Pennsylvania.
Jury Returns Guilty Verdicts Against Members of Violent Loan Sharking and Illegal Gambling RingRead the Press Release
PHILADELPHIA – A federal jury today returned guilty verdicts against four defendants charged in a loan sharking and illegal gambling ring that was run out of several Philadelphia businesses. Ylli Gjeli, 49, Fatimir Mustafaraj, 42, Gezim Asllani, 35, Rezart Rahmi Telushi, 41, all of Philadelphia, were found guilty of racketeering conspiracy, racketeering collection of unlawful debt, and collections of extensions of credit by extortionate means. Gjeli, Mustafaraj, and Asllani were also convicted of making extortionate extensions of credit; and Gjeli and Mustafaraj were also convicted of operating an illegal gambling business. U.S. District Court Judge William Yohn scheduled sentencing hearings as follows: Gjeli, March 18, 2015; Mustafaraj, March 19, 2015; Asllani, March 25, 2015; and Telushi, March 26, 2015.
Gjeli was a leader and “boss” of the organization; Mustafaraj, a/k/a “Tony,” was a leader and “muscle.” Both directed other members in the loan sharking activities and illegal gambling business, approved loans, used intimidation and threats of violence against customers, collected weekly loan payments, physically assaulted subordinate members and associates, supervised the illegal gambling business, provided cash to pay customer’s gambling wins and otherwise financed the gambling business, collected gambling debts, and made loans to customers whose debts were incurred through the illegal gambling business. Defendants Asllani, a/k/a “Sam,” and Telushi, a/k/a “Luigi,” were “collectors” who assisted Gjeli and Mustafaraj in making loans and regularly collected weekly loan payments from customers. The defendants generated money by making and collecting on loans with usurious rates of interest; using intimidation, threats, and violence to make and collect on loans; and making loans to betting customers whose debts were incurred through the enterprise’s illegal gambling business. The enterprise used businesses in Philadelphia - including the Lion Bar & Grill, Blackbird Café, “Ylli’s 2 Brothers,” and First England Pizza - to conduct the criminal activities.
Members and associates of the enterprise cultivated their reputation for violence by threatening customers with dangerous weapons such as a firearm and hatchet; using implied threats and intimidation; telling customers that if they did not pay their debts someone would kill them, “break your legs,” or physically harm them or their family members in some other way; and physically assaulting subordinate members and associates.
The defendants attempted to conceal the existence and operations of the enterprise from law enforcement by: limiting their discussions of criminal activities when on the phone using cryptic and coded language to describe criminal activities; conducting pat-downs and body searches of customers to check for weapons and recording devices; and conducting the enterprise’s transactions primarily in cash.
Defendant Gjeli faces a maximum possible sentence of 185 years in prison; Mustafaraj faces a maximum possible sentence of 205 years in prison; Asllani faces a maximum possible sentence of 140 years in prison; Telushi faces a maximum possible sentence of 80 years in prison.
The case was investigated by the Federal Bureau of Investigation, Internal Revenue Service Criminal Investigations, Pennsylvania State Police, Montgomery County Detectives, and the New Jersey State Police. It is being prosecuted by Assistant United States Attorney Salvatore L. Astolfi and Trial Attorney Margaret Vierbuchen from the Department of Justice Organized Crime & Gang Section.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Judge Sentences Beaver County Prescription Drug Dealer to 24 Years in Federal PrisonRead the Press Release
PITTSBURGH – A convicted drug dealer has been sentenced in federal court to 24 years in prison for his April, 2014, conviction for 11 counts related to the unlawful distribution of oxycodone and Opana, both of which are Schedule II controlled substances, United States Attorney David J. Hickton announced today.
United States District Court Judge Arthur Schwab imposed the sentence on David Best, 28. On April 10, 2014, a federal jury had convicted Best, after a 10-day trial, of conspiracy to distribute oxycodone and Opana, as well as multiple counts related to that large-scale drug trafficking conviction.
Specifically, according to Assistant United States Attorney Eric S. Rosen, who prosecuted the case, the evidence presented at trial established that Best conspired together with others, from in and around July 2011, and continuing thereafter to in and around May 2013, to distribute and possess with intent to distribute large quantities of oxycodone and Opana. Additionally, on April 18, 2013 and April 30, 2013, Best distributed oxycodone and oxymorphone, in the form known as Opana to a confidential informant.
Further, on three separate occasions, Dec. 1, 2011, Sept. 26-27, 2012, and Feb. 15, 2013, Best burglarized the MedFast pharmacy in Baden, Pa., and from that pharmacy, stole a number of Schedule II controlled substances, including: fentanyl, oxymorphone, including in the form known as Opana, Ritalin, oxycodone, including in the form known as Oxycontin, methylphenidate, Vyvanse, morphine sulfate, Roxicet, Focalin, methylphenidate, hydromorphone, methadone, and meperidine. On two occasions, Best chiseled through the wall of the neighboring China Garden restaurant into the pharmacy, and on the third occasion, Best broke into the Bo-Rics hair salon, and from there, burrowed directly into the MedFast controlled substances cabinet. Best stole these controlled substances in order to distribute them.
Last, the evidence at trial demonstrated that Best, on June 20, 2012, carried and brandished a loaded revolver during and in relation to his drug trafficking conspiracy. In that regard, Best held two men hostage at gunpoint after he lured them to his Economy Township home under the guise that he had a large stash of drugs and drug proceeds in his room. Best suspected that these two men were conspiring to steal his drug proceeds, so he preemptively attacked and held them hostage at gunpoint.
Prior to imposing sentence, Judge Schwab highlighted the seriousness of Best’s many crimes and the damage that Best’s drug dealing did to those in Western Pennsylvania. Further, although Best had argued that his drug dealing resulted from his own drug addiction, the Court determined that the scope of his massive drug conspiracy went far beyond that of an ordinary addict looking to feed their addiction.
Assistant United States Attorney Eric S. Rosen prosecuted this case on behalf of the government.
The Drug Enforcement Administration and the Economy Borough and Cranberry Township Police Departments conducted the investigation that led to the successful prosecution and conviction of David Best.
Irving, Texas, Man Sentenced to 132 Months in Federal Prison for Transporting and Shipping Child PornographyRead the Press Release
DALLAS — An Irving, Texas, man was sentenced this morning by U.S. District Judge Sam A. Lindsay to 132 months in federal prison on a child pornography conviction, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas
Benito Agramon Castro, 50, pleaded guilty in February 2014 to one count of possession of prepubescent child pornography. He has been in custody since his arrest in December 2013.
According to documents filed in the case, an officer with the Plano Police Department, working online in an undercover capacity to identify persons participating in the distribution of child pornography and the sexual exploitation of children through peer-to-peer file sharing, identified a specific IP address that was making images of child pornography available for sharing. That IP address made approximately 559 files available for download to the undercover officer. The majority of the file names were indicative of child pornography.
The investigation revealed that the IP address belonged to Castro. A federal search warrant was executed at Castro’s residence on December 11, 2013, and child pornography was found on his computer as well as on a flash drive and on compact discs. Castro admitted that some of the images and videos he possessed depicted sadistic and/or violent content and some of the files depicted infants and toddlers.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Plano Police Department investigated. Assistant U.S. Attorney Camille Sparks prosecuted.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed. Appearing before U.S. Magistrate Judge Ostby in Billings on December 12, 2014, and entering pleas of Not Guilty were:
• PRESTON DAVID BELL, a 21-year-old resident of Wyola, appeared on charges of uttering counterfeit obligations. If convicted of the most serious charges contained in the indictment, BELL faces 20 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the U.S. Secret Service. PACER Case Reference: 14-114
• JAMES MICHAEL CARROLL, a 32-yeard-old resident of Columbus, appeared on charges of felon in possession of a firearm. If convicted of the most serious charge contained in the indictment, CARROLL faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference: 14-70
• HAYDEN ONEIL LOWRY, a 20-year-old resident of Miles City, appeared on charges of possession of stolen firearms and robbery involving motor vehicles. If convicted of the most serious charges contained in the indictment, LOWRY faces life in prison, $250,000 in fines and 5 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference: 14-57
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case. To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.