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4 December 2014
Oregon Man Arrested in Glenn County Sentenced to 15 Years in Prison for Drug and Firearm OffensesRead the Press Release
SACRAMENTO, Calif. — Joshua Anthony Bond, 25, of Grants Pass, Oregon, was sentenced this morning by U.S. District Judge Troy L. Nunley to 15 years in prison for trafficking in controlled substances and for being a felon in possession of firearms, United States Attorney Benjamin B. Wagner announced.
This case was the product of an investigation by the Federal Bureau of Investigation, the California Highway Patrol, and the Glenn County Sheriff's Office. Assistant United States Attorney Michelle Rodriguez prosecuted the case.
According to court documents, on July 11, 2013, a CHP officer observed Bond speeding on Interstate 5 near County Road 57 in Glenn County. The CHP officer followed Bond at high speeds as Bond turned off the highway and through residential neighborhoods in Willows. During his flight, Bond threw a loaded .380-caliber handgun onto a residential street. Bond eventually lost control in a residential cul-de-sac; he was then taken into custody.
Law enforcement officers seized a 9 mm sub-machine gun, a 12 gauge pump shotgun, various types of ammunition, 210 grams of methamphetamine, and two body armor plates from his vehicle.
Omaha Man Sentenced for Child PornographyRead the Press Release
United States Attorney Deborah R. Gilg announced that Jimmy L. Channel was sentenced in federal court in Omaha for receiving and distributing child pornography. The Honorable Joseph F. Bataillon, Senior District Court Judge, sentenced Channel to a 60 month term of imprisonment. There is no parole in the federal system. After his release from prison Channel will begin a five year term of supervised release.
On June 4 and September 18, 2011, officers with the FBI Omaha Cyber Crimes Task Force observed a computer in Channel’s home offering to share child pornography. The images Channel offered to the public included three videos of prepubescent children engaged in sexual acts.
On March 21, 2012, officers with the Douglas County Sherriff’s Office and the Cyber Crimes Task Force served a search warrant at Channel’s residence. Channel admitted to downloading and erasing child pornography and using specific search terms to search the internet for images of prepubescent child pornography. A search of his computer recovered 35 images of child pornography.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Non-Native Taos County Man Sentenced to Federal Prison for Involuntary Manslaughter Conviction Arising Out of the Death of Taos Pueblo ManRead the Press Release
ALBUQUERQUE – Jorden Medina, 54, a non-Native man who resides in El Prado, N.M., was sentenced this morning for his federal involuntary manslaughter conviction. Medina will serve a year in federal prison followed by two years of supervised release.
Medina was arrested on Dec. 2, 2013, on a criminal complaint charging him with killing a 28-year-old Taos Pueblo man on Nov. 30, 2013. On July 23, 2014, Medina pleaded guilty to a felony information charging him with involuntary manslaughter and admitted shooting the victim at a gas station located in Taos Pueblo.
In his plea agreement, Medina stated that he was putting fuel into his truck when the victim physically attacked him, knocking him to the ground. Medina responded to the attack by retrieving a pistol from his truck and firing a single bullet at the victim, killing him.This case was investigated by the Santa Fe office of the FBI and the Northern Pueblos Agency of the BIA’s Office of Justice Services, with assistance from the Taos Pueblo Department of Public Safety, Town of Taos Police Department and the New Mexico State Police. Assistant U.S. Attorney Paul H. Spiers prosecuted the case.
New Orleans Men Sentenced for Heroin Distribution ConspiracyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that TERRIOUES OWNEY, age 27, and DARICK WALLACE, age 25, both of New Orleans, were sentenced today for their roles in a heroin distribution conspiracy.
On February 13, 2014, OWNEY pled guilty to one count of conspiracy to possess with the intent to distribute one kilogram or more of heroin, and one count of using a telephone to further the drug conspiracy.
On February 27, 2014, WALLACE pled guilty to one count of conspiracy to possess with the intent to distribute 100 grams or more of heroin. Additionally, WALLACE was eligible for a sentencing enhancement for having previously been convicted of a felony drug offense.
U.S. District Judge Nanette Jolivette Brown sentenced OWNEY to 151 months incarceration, five years of supervised release, and a $200 special assessment. WALLACE was sentenced to 120 months incarceration, 8 years of supervised release, and a $100 special assessment.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation, the Bureau of Alcohol Tobacco and Firearms, the New Orleans Police Department, Jefferson Parish Sheriff’s Office and St. Tammany Parish Sheriff’s Office in investigating this matter. Assistant U.S. Attorneys Sharan Lieberman, Maurice Landrieu, Jr. and Matthew Payne were in charge of the prosecution.
New Orleans Bail Bondswoman Pleads Guilty to Mail Fraud ConspiracyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JANET SMITH, age 44, of New Orleans, pled guilty today to a one-count Bill of Information charging her with conspiracy to commit mail fraud.
According to court documents, SMITH became a licensed bail bondwoman in 1996. She later permitted her name, license, and contracts with two insurance companies to be used to operate an illegal bail bonding business located at 538 S. Broad Street in New Orleans.
U.S. District Judge Jane Triche Milazzo scheduled sentencing for March 5, 2015. SMITH faces a maximum sentence of five years imprisonment and three years supervised release.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation in investigating this matter, and the assistance of the Metropolitan Crime Commission, the New Orleans Police Department, and the Orleans Parish District Attorney’s Office. Assistant United States Attorneys Michael B. Redmann and Mark A. Miller are in charge of the prosecution.
New Haven Man Sentenced to 30 Months in Federal Prison for Illegally Possessing AmmunitionRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that RICHARD DAVIS, also known as “Quan Bezel,” 21, of New Haven, was sentenced today by Senior U.S. District Judge Alfred V. Covello in Hartford to 30 months of imprisonment, followed by three years of supervised release, for illegally possessing ammunition.
According to court documents and statements made in court, on January 10, 2014, DAVIS possessed 15 rounds of .22 caliber ammunition. Prior to that date, DAVIS had been convicted of multiple felony offenses, including carrying a pistol without a permit, theft of a firearm and sale of a controlled substance.
It is a violation of federal law for a person previously convicted of a felony offense to possess ammunition that has moved in interstate or foreign commerce.
This prosecution stems from Project Longevity, a comprehensive initiative to reduce gun violence in Connecticut’s major cities. Through Project Longevity, community members and law enforcement directly engage with members of groups that are prone to commit violence. A critical component of the Project Longevity strategy is the “call-in,” a face-to-face meeting where Project Longevity partners engage group members and deliver a community message against violence, a law enforcement message about the consequences of further violence and an offer of help for those who want it.
DAVIS and several associates attended a call-in in November 2012.
DAVIS has been detained since his arrest on February 27, 2014. On July 30, 2014, he pleaded guilty to one count of possession of ammunition by a previously convicted felon.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation and the New Haven and West Haven Police Departments. The case was prosecuted by Assistant U.S. Attorney H. Gordon Hall.
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(203) 821-3722 [email protected]Nevada Woman Pleads Guilty to Stealing from her EmployerRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Nevada, Mo., woman pleaded guilty in federal court today to a bank fraud scheme in which she embezzled from her employer.
Patricia Culbertson, 53, of Nevada, waived her right to a grand jury and pleaded guilty before U.S. Magistrate Judge David P. Rush to a federal information that charges her with bank fraud and filing a false tax return.
Culbertson worked for Barrington Manufacturing Corporation as a book keeper from June 2009 until she was suspended on June 24, 2014.
By pleading guilty today, Culbertson admitted that she forged the company owner’s signature on checks from the company’s bank account without authorization in order to cover her gambling debts and for other personal expenses. The checks were either deposited into Culbertson’s personal bank account, the bank accounts of her mother and son, or the bank account of her company, PC Tech. After reviewing all of the account records, agents were able to determine that approximately $374,943 had been fraudulently withdrawn from Barrington’s bank account.
Culbertson also admitted that she failed to report this embezzled income on her federal income tax returns for the years 2010, 2011, 2012, and 2013. Culbertson’s actions resulted in a total tax loss to the federal government (without penalties and interest) of $72,246. The total tax loss to the state of Missouri (without penalties and interest) was $17,352.
According to today’s plea agreement, a final loss figure and restitution amounts have not been finalized. Final loss and restitution figures will be presented to the court prior to sentencing, or evidence will be presented to the court for a final ruling on this matter.
Under federal statutes, Culbertson is subject to a sentence of up to 33 years in federal prison without parole, plus a fine up to $1,100,000 and an order of restitution. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Patrick Carney. It was investigated by IRS-Criminal Investigation, the Missouri State Highway Patrol and the El Dorado Springs, Mo., Police Department.Murphysboro Resident Sentenced on Methamphetamine OffenseRead the Press Release
Follow @SDILNewsOn December 3, 2014, Gregory A. Emery, 45, of Murphysboro, Ill., was sentenced for his involvement in a methamphetamine conspiracy, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today.
Emery, who had previously pled guilty to the one-count indictment charging conspiracy to manufacture methamphetamine, was sentenced to 180 months in federal prison, to be followed by 3 years of supervised release, and fined $200. The offense occurred between 2010 and January 2014, in Jackson, Williamson, Union, and Franklin Counties. Evidence at the plea and sentencing hearings established that Emery was involved with others in the manufacture of methamphetamine. Emery was a methamphetamine cook and purchased pseudoephedrine to use in the manufacture of methamphetamine. Emery also collected pseudoephedrine from numerous other persons. At sentencing, the district court found that Emery was responsible for the illegal possession of 496 grams of pseudoephedrine. Emery also received an enhanced sentence because he involved a juvenile in the methamphetamine offense. Three co-defendants have previously been sentenced for their involvement in the methamphetamine conspiracy. Four co-defendants have pled guilty and are awaiting sentencing. Six co-defendants have pled not guilty and are awaiting jury trial. As to these defendants, they are, of course, presumed innocent unless or until proven guilty beyond a reasonable doubt.
The ongoing investigation is being conducted by the Jackson County Sheriff’s Office, Murphysboro Police Department, Carbondale Police Department, Illinois State Police/Southern Illinois Drug Task Force, and Drug Enforcement Administration.
The case is assigned to Assistant United States Attorney Amanda A. Robertson for prosecution.
Murphysboro Resident Sentenced for Methamphetamine and Crack Cocaine OffenseRead the Press Release
Follow @SDILNewsOn December 3, 2014, Jamie Kay Kelly, a/k/a “Jamie K.” and “Jamie K. Short,” 45, of Murphysboro, IL, was sentenced for her involvement in a methamphetamine conspiracy and a crack cocaine conspiracy, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today.
Kelly, who had previously pled guilty to the two-count indictment charging conspiracy to manufacture methamphetamine and conspiracy to distribute crack cocaine, was sentenced to 84 months in federal prison, to be followed by 3 years of supervised release, and fined $400. Evidence at the plea and sentencing hearings established that Kelly was involved with Harold Lewayne Barron, a/k/a “Wayne” and others in the manufacture of methamphetamine. The methamphetamine offense occurred between August 2012, and October 2013, in Jackson and Perry Counties. Kelly was involved with Barron and Maurice L. Robinson, a/k/a “Ray Ray,” and others in the distribution of crack cocaine. The crack cocaine offense occurred between May 2013, and September 2013, in Jackson County. Barron and Robinson have pled guilty to their roles in the drug offenses and are awaiting sentencing.
The ongoing investigation is being conducted by the Jackson County Sheriff’s Office, Southern Illinois Enforcement Group, Murphysboro Police Department, Illinois State Police, and the Drug Enforcement Administration. The Jackson County State’s Attorney’s Office assisted in the investigation.
The case is assigned to Assistant United States Attorney Amanda A. Robertson for prosecution.
Morgantown Man Convicted of Cocaine TraffickingRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Tara Tighe, Public Affairs SpecialistCLARKSBURG, WEST VIRGINIA – Arthur Sean Warner, 43, of Morgantown, West Virginia, was convicted of cocaine trafficking today in federal court, United States Attorney William J. Ihlenfeld, II announced.
An investigation by the Mon Valley Drug and Violent Crime Task Force revealed that Warner repeatedly sold crack cocaine throughout 2014.
Warner pled guilty today to one count of “Possession with Intent to Distribute Cocaine Base.” He faces up to 20 years in prison and a fine of up to $1,000,000.00. He will also forfeit $9,365.00. 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 Zelda Wesley is prosecuting the case on behalf of the government.
U.S. District Judge Irene M. Keeley presided.
Modesto Man Charged with Assaulting Federal Security GuardRead the Press Release
FRESNO, Calif. — A federal grand jury returned an indictment today against Matthew Faron Blair, 30, of Modesto, charging him with assaulting a security guard assigned to protect a Social Security Administration office in Fresno, Calif., United States Attorney Benjamin B. Wagner announced.
According to court documents, on October 14, 2014, Blair went to the Social Security Administration office in Fresno to attempt to collect Supplemental Security Income (SSI) benefits. He was advised that his benefits had stopped, but could be renewed by completing additional paperwork. Blair became agitated, and a security guard was called to escort him of the office. As the guard attempted to escort Blair out of the office, Blair allegedly punched the guard in the mouth and on the top of his head as he dropped to the ground. Blair then fled and was apprehended 12 days later. The guard suffered serious bodily injury requiring medical treatment.
This case is the product of an investigation by the Federal Protective Services with assistance from the Social Security Administration, Office of the Inspector General; the California Department of Corrections and Rehabilitation, Adult Parole Division; and the Stockton Police Department. Assistant United States Attorney Karen A. Escobar is prosecuting the case.
If convicted, Blair faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Milford Man Pleads Guilty to Distributing Heroin Connected to Overdose DeathRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that RYAN RUSSOW, 29, of Milford, pleaded guilty today in New Haven federal court to one count of conspiracy to possess with intent to distribute heroin.
According to court documents and statements made in court, from November 2013 to April 2014, RUSSOW obtained heroin from a source in New Haven and then distributed the drug out of his residence on Stone Manor Drive to customers. On March 12, 2014, RUSSOW sold a number of bags of heroin, stamped “Much Better,” to R.P., 26, of Milford. Later that day, R.P. was found deceased at his residence in Milford. In R.P.’s room, law enforcement officers located two empty bags of heroin stamped “Much Better,” and two full bags bearing the same stamp.
Drug Enforcement Administration analysis confirmed that the full bags contained heroin with a purity level of approximately 76 percent, and the Connecticut Office of the Chief Medical Examiner concluded that R.P. died of heroin toxicity.
On March 19, 2014, the DEA executed a search warrant at RUSSOW’s residence and seized more than $19,000 in cash, a digital scale and drug packaging materials.
RUSSOW has been detained since his arrest on April 23, 2014.
RUSSOW is scheduled to be sentenced by U.S. District Judge Janet Bond Arterton on February 26, 2014, at which time he faces a maximum term of imprisonment of 20 years.
RUSSOW faces a maximum term of imprisonment of 20 years on each count.
This matter has been investigated by the Drug Enforcement Administration’s Bridgeport High Intensity Drug Trafficking Area (HIDTA) Task Force and the Milford Police Department. This case is being prosecuted by Assistant U.S. Attorney Sarah P. Karwan.
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(203) 821-3722 [email protected]Milford Man Admits Theft of $292k in Ssa Benefits Deposited into Deceased Mother’s Bank AccountRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that WILLIAM E. CHASE, 69, of Milford, waived his right to indictment and pleaded guilty yesterday in Bridgeport federal court to one count of theft of public funds.
According to court documents and statements made in court, CHASE’s mother, a Social Security benefits recipient, died in November 1988. At the time of his mother’s death, CHASE was a co-signor on the checking account into which his mother’s monthly Social Security benefits were deposited. Despite the fact that CHASE was identified as the informant on his mother’s death certificate in 1988, he failed to notify the Social Security Administration of her death or take any steps to stop the monthly benefit payments. From the time of his mother’s death until May 2014, $307,396 in Social Security benefits were direct deposited into the bank account controlled by CHASE. CHASE utilized more than $292,000 of the deposited benefits for his personal use and enjoyment.
In May 2014, the bank returned the remaining balance of the checking account, approximately $14,761, to the Social Security Administration.
CHASE is scheduled to be sentenced by U.S. District Judge Stefan R. Underhill on February 25, 2015, at which time he faces a maximum term of imprisonment of 10 years, a fine of up to approximately $600,000, and mandatory restitution.
This matter is being investigated by the Social Security Administration, Office of Inspector General – Office of Investigations, and is being prosecuted by Special Assistant U.S. Attorney Charles L. Rombeau and Assistant U.S. Attorney Anastasia Enos King.
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(203) 821-3722 [email protected]Mexican National Sentenced for Unlawful Possession of A FirearmRead the Press Release
BOISE — Oscar Ayala-Arizmendi, 36, from Guerrero, Mexico, was sentenced today to 12 months in prison for possession of a firearm by a prohibited person, U.S. Attorney Wendy J. Olson announced. Ayala-Arizmendi will be deported at the end of his prison term. U.S. District Chief Judge B. Lynn Winmill also ordered forfeiture of the firearm.
The sentence was the result of an investigation in May, 2014, by Twin Falls, Idaho law enforcement officers who searched Ayala-Arizmendi’s residence on suspicion of another offense, and found him in possession of a Maadi, Cadet model, 9mm semi-automatic pistol that had been manufactured and shipped from Egypt in interstate and foreign commerce.
“Persons in this country illegally should be aware that federal law prohibits them from possessing a firearm, and that this law will be vigorously enforced,” said Olson.
The case is the result of the cooperative law enforcement efforts of the Bureau of Alcohol, Tobacco, and Firearms, and the Twin Falls County Sheriff’s Office.
Mexican National Pleads Guilty to Conspiracy to Sell False ID Documents to Illegal AliensRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Rayville, Mo., man pleaded guilty in federal court today to his role in a conspiracy to produce thousands of counterfeit identification documents that were distributed to illegal aliens, and to illegally possessing firearms.
Eriberto Moises Medina-Aranda, 39, of Rayville, pleaded guilty before U.S. District Judge Dean Whipple to the charges contained in a March 21, 2014, federal indictment.
Co-defendants Cesar Mujica-Aranda (Medina-Aranda’s half-brother), also known as “Oscar Gomez,” 25, a citizen of Mexico residing in Liberty, Mo., and Luis Daniel Cabrera-Guzman, also known as “Driver,” 30, and Bernardino Bautista-Hernandez, 32, also known as “Brujo,” both of whom are citizens of Mexico residing in Kansas City, Mo., have also pleaded guilty to their roles in the conspiracy.
Medina-Aranda admitted that he participated in the conspiracy to produce false Social Security cards, false Lawful Permanent Resident cards and false driver’s licenses from various states within the United States as well as Mexican states between Sept. 1, 2013, and Feb. 21, 2014. Conspirators sold the counterfeit identification documents for at least $100 to other illegal aliens.
Medina-Aranda admitted that he oversaw the production and distribution of false identification documents. There were numerous street level dealers involved in the conspiracy. The street dealers would typically pay $50 for each counterfeit identification document sold and the street dealers would keep the excess proceeds they were able to obtain from the sale of the counterfeit documents.
Medina-Aranda also pleaded guilty to being an illegal alien in possession of firearms. Medina-Aranda admitted that in February 2014 he was in possession of a Smith & Wesson semi-automatic rifle, a Marlin rifle and ammunition, all of which were found in his residence by federal law enforcement agents. Medina-Aranda is illegally residing in the United States. His spouse, a citizen of the United States, purchased the Smith & Wesson semi-automatic rifle for him as a birthday gift at the Excelsior Springs, Mo., Wal-Mart store. Today’s plea agreement contains a photograph of Medina-Aranda posing with the semi-automatic rifle next to a painting of Al Pacino in his “Scarface” role, who is holding a rifle in a similar pose.
Under the terms of today’s plea agreement, Medina-Aranda must forfeit to the government all of the document-making implements (including three desktop computers and a printer) that were seized by federal agents at Medina-Aranda’s residence and at a storage unit he used in Excelsior Springs, as well as the firearms that were seized at his residence. Conspirators must each pay a money judgment for the total amount of money that was obtained by this criminal enterprise. The Department of Homeland Security is still evaluating ink ribbons that were seized as part of the investigation and has already identified thousands of identification documents that were produced by the conspiracy. By the time of sentencing, the government may have a better estimate on how many identification documents it can establish were produced by the conspiracy. The court may elect to multiply this number by how much the conspiracy was selling the false documents to aliens.
Under federal statutes, Medina-Aranda is subject to a sentence of up to 25 years in federal prison without parole, plus a fine up to $500,000. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Special Assistant U.S. Attorney Trey Alford. It was investigated by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI); the Social Security Administration, Office of Inspector General; the Kansas Department of Revenue, Office of Special Investigations; the Missouri Department of Revenue, Compliance & Investigations Bureau; the Missouri State Highway Patrol and the Clay County, Mo., Prosecuting Attorney.Medical Devices Salesman Admits Guilty in Fraud SchemeRead the Press Release
PITTSBURGH - A resident of Connellsville, Pennsylvania, pleaded guilty in federal court to charges of mail fraud, United States Attorney David J. Hickton announced today.
David Leasher, age 44, pleaded guilty to six counts before United States District Judge Terrence F. McVerry.
In connection with the guilty plea, the court was advised that on or about August 22, 2012, through September 21, 2012, Leasher stole medical devices from his employer and sold the stolen devices online at Amazon.com.
Judge McVerry scheduled sentencing for March 13, 2015, at 1:30 p.m. The law provides for a total sentence of 120 years in prison, a fine of $1,500,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Shardul S. Desai is prosecuting this case on behalf of the government.
The United States Postal Inspection Service conducted the investigation that led to the prosecution of Leasher.
Marrero Man Sentenced to Life Imprisonment after Conviction for Arson Resulting in DeathRead the Press Release
U.S. Attorney Kenneth A. Polite announced that CYRUS CASBY, age 29, from Marrero, Louisiana, was sentenced today following his conviction at trial for arson resulting in death and injury.
U.S. District Judge Eldon E. Fallon sentenced CASBY to life imprisonment.
CASBY was convicted following a five day trial that concluded on August 16, 2013, with CASBY being convicted of maliciously damaging or destroying by means of fire, 1005 Tallowtree, Apartment “C”, Harvey, Louisiana as charged in the Indictment. The Indictment also charged and the jury found that 19-month-old Cyanna Carto, CASBY’s daughter, and 11-year- old Cleveland McGinnis, Jr. died and 10-year-old Jarvis Carto, 32-year-old Janice Carto and Fireman Walter Allen were injured as a direct and proximate result of the fire started by CASBY. The trial evidence showed CASBY repeatedly stabbed Cynthia Carto, Cyanna Carto’s mother, and Janice Carto in an upstairs bedroom of the apartment. Autopsies revealed that Cynthia Carto died as a result of the stab wounds, though Janice Carto survived for a brief time after being stabbed though dying after the fire was initiated. Following the stabbings, CASBY then used an accelerant to start a fire at the top of the second floor stair landing, effectively trapping the remaining occupants in the second floor of the apartment. Autopsies revealed that Cyanna Carto and Cleveland McGinnis, Jr. died as a result of carbon monoxide poisoning resulting from smoke inhalation. Jarvis Carto was injured as a result of carbon monoxide poisoning and Fireman Walter Allen was injured while assisting in fire-fighting and rescue efforts.
“We thank the court for imposing a sentence of life,” stated U.S. Attorney Polite. “It is certainly warranted, given Cyrus Casby’s criminal rampage which resulted in several homicides. Today’s sentence reflects the coordinated efforts of our federal prosecutors, the ATF, the Jefferson Parish Sheriff’s Office, the Jefferson Parish Fire Department, and the Harvey Fire Department.”
Assistant United States Attorneys William J. Quinlan, Jr. and Greg Kennedy were in charge of the prosecution.
Man Sentenced to Prison for Using an Industrial Laser as a Hoax Medical DeviceRead the Press Release
Spokane –Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Edward J. Brown, age 67, originally from Norwalk, California, was sentenced today in U.S. District Court after pleading guilty to six counts of Introduction of an Adulterated Medical Device into Interstate Commerce with the Intent to Defraud or Mislead. Senior United States District Court Judge Lonnie R. Suko sentenced Brown to a 24-month term of imprisonment, to be followed by a one-year term of court supervision following release from Federal prison. The Court also ordered Brown to pay $19,925 in restitution and a $10,000 fine.
According to information disclosed during court proceedings, Brown purchased a Coherent, Inc., laser from a California retailer. The device known as the Quatro FAP laser unit was manufactured for use in industrial settings, plainly not as a medical device. If used as a medical device, the FAP laser would have, in any event, required approval by the U.S. Food and Drug Administration (FDA). Brown used the FAP laser as a hoax medical device to treat individuals in the State of Washington who were suffering from cancer and other medical conditions. Of course the FAP laser had not, nor ever has, received FDA approval. As such, the FAP laser was an adulterated medical device and introduction of an adulterated medical device into interstate commerce is prohibited by law.
According to information disclosed during the court proceedings, Brown was not a physician licensed to practice medicine in the State of Washington or any other state. He did not have a medical degree from any lawfully recognized or accredited college, university, or institution of higher learning. Brown claimed that his FAP laser could cure disease, including cancer and other medical conditions. Brown made multiple trips between the states of California, Colorado and New Mexico to Washington with the FAP laser device and regularly used it to “treat” vulnerable individuals diagnosed with cancer and other illnesses. He generally charged these individuals $300 per laser “treatment.” However, if he “treated” more than one family member, Brown would reduce his fee to $225 per treatment.
Michael C. Ormsby stated: "The United States Attorney’s Office will continue to prosecute aggressively individuals who profit through public health hoaxes. Prosecution of these types of cases is a priority in the Eastern District of Washington particularly where the victims, like the victims upon whom Brown preyed, are vulnerable, sickly and desperate.” Lisa Malinowski, Special Agent in Charge of FDA’s Office of Criminal Investigations, Los Angeles Field Office added: “Putting cancer patients and their treatment at risk is never acceptable," said
The investigation was conducted by the Federal Bureau of Investigation and the Food and Drug Administration. The case was prosecuted over the span of several years by Assistant United States Attorneys for the Eastern District of Washington George J.C. Jacobs, III, Alison Gregoire, and K. Jill Bolton.
CR-08-2038-LRS
Man Sentenced to 56 Months in Multi-layered Credit Card Fraud and Identity Theft Scheme Involving Falsified Credit Applications and Fraudulent LawsuitsRead the Press Release
WILMINGTON, Del. - Charles M. Oberly, III, United States Attorney for the District of Delaware, announced that Arthur Robinson, age 39, of Frederick, Maryland, was sentenced yesterday by the Honorable Sue L. Robinson, United States District Judge for the District of Delaware, to 56 months imprisonment and full restitution. The defendant pleaded guilty to violations of 42 U.S.C. § 408 (social security fraud), and 18 U.S.C. § 1028A (aggravated identity theft), in April 2014.
Over the course of more than a decade, the defendant defrauded multiple federally insured financial institutions, obtaining at least $200,000. The defendant’s fraud involved making false statements in credit card applications, using the credit cards to make extensive charges, disputing the charges, abandoning significant balances on the cards, and suing the lenders when they commenced collection efforts. In some instances, the defendant used his real name and social security number on the applications, meanwhile falsifying his wage and employment information to appear more creditworthy. In other instances, the defendant used aliases, including “Arthur Collier” and “Michael Johnson”, as well as the names and social security numbers of minor children.
The defendant was able to dispute the charges with lenders, by falsely claiming that he was a victim of identity theft and/or the goods he purchased were not delivered by the merchants. Some of the lenders agreed to remove the charges from the defendant’s credit card accounts. Some did not. When the defendant began receiving collection calls from lenders on the outstanding balances, he responded, once again, with false statements. The defendant sued the lenders, claiming that he knew nothing about the credit cards, and he sought damages under the Telephone Consumer Protection Act, 47 U.S.C. § 227 (TCPA).
At various points in time, the defendant’s fraudulent activities resulted in negative marks on his credit report. The defendant responded by contacting at least one of the credit agencies to dispute the negative marks. The defendant claimed that he was a victim of identity theft. The defendant’s efforts succeeded in clearing some of the credit history, enabling further fraud. However, by early 2009, extensive negative credit history had accrued. The defendant escalated the fraud by attempting to obtain a new social security number from the government.
The defendant made repeated false representations to the Social Security Administration (SSA), claiming that he was an identity theft victim. The defendant was determined to obtain a new SSN. The SSA initially denied the defendant’s application. Undeterred, the defendant returned to the SSA with falsified letters from banks, purporting to state that the defendant was an identity theft victim. These letters appeared to be authentic at the time, and the defendant was successful in obtaining a new SSN. Within months of the issuance of the new SSN, the defendant used it to open new lines of credit and continue the fraud.
At the Sentencing Hearing, the Honorable Sue L. Robinson commented that the defendant was one of the most “relentlessly dishonest” defendants she had encountered in her years as a Judge.
U.S. Attorney Oberly gave the following comments: “I want to personally thank Barclays Bank for bringing this matter to the attention of my office. Financial institutions, as well as other corporate entities, are increasingly themselves victims of financial crimes. Individuals who defraud individuals or corporations can expect to be prosecuted when crimes such as those committed by Arthur Robinson are brought to our attention.”
This case is the result of an investigation conducted by the Social Security Administration, Office of the Inspector General, the United States Secret Service, and the United States Postal Inspection Service, with cooperation from the State of Maryland. The prosecution is being handled by Assistant United States Attorney Lauren Paxton, District of Delaware.Man Sentenced to 54 Months for Wire Fraud and Aggravated Identity TheftRead the Press Release
NORFOLK, Va. – Donte Demus, 27, of Norfolk, Va., was sentenced today to 54 months in prison, followed by three years of supervised release, and ordered to pay $144,841.00 in restitution for committing wire fraud and aggravated identity theft.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia, and Thomas J. Kelley, Special Agent in Charge, Washington, D.C. Field Office, IRS-Criminal Investigation, made the announcement after Demus’ sentencing before United States District Judge Raymond A. Jackson.
Demus and a co-conspirator, Travis Hager, were indicted on March 19, 2014 by a federal grand jury. Demus was charged with one count of conspiracy to commit mail and wire fraud, six counts of wire fraud, nineteen counts of aggravated identity theft, six counts of false claims, and two counts of theft of public property. Demus pleaded guilty to one count of wire fraud and one count of aggravated identity theft on September 3, 2014.
According to court records, Demus, along with Travis Hager, stole the identities of individuals and used them to file false tax returns. Hager was incarcerated in Virginia Beach. While there, he stole the identities of a number of fellow inmates and provided them to Demus. Demus then used these identities to file fraudulent tax returns in their names and have IRS issue refunds directly to him.
Hager pleaded guilty on June 4, 2014. He was sentenced on October 2, 2014 to 54 months in prison, followed by three years of supervised release and ordered to pay restitution in the amount of $144,841.00.
This case was investigated by the Internal Revenue Service. Assistant United States Attorney Joseph Kosky prosecuted the case on behalf of the United States.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:14-cr-43.
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- Man Faces Federal Charges After Stealing from J.C. Penney Stores in 37 States
Man Arrested in A Park in Davis Pleads Guilty to Receipt and Distribution of Child PornographyRead the Press Release
SACRAMENTO, Calif. —Nicholas Robert Bowen, 63, of Grizzly Flat, pleaded guilty today to receipt and distribution of child pornography, United States Attorney Benjamin B. Wagner announced.
According to court documents, Bowen took a woman to a Davis park and had her expose herself to 10-12 year old boys while Bowen filmed using a spy camera built into his glasses. They were arrested by Davis police. A subsequent search of Bowen’s phone and computer discovered over 600 images and videos of minors engaged in sexually explicit conduct.
This case is the product of an investigation by the Davis Police Department, the Yolo County District Attorney’s Office, and the Sacramento Internet Crimes Against Children (ICAC) Task Force. ICAC is a federally and state-funded task force managed by the Sacramento Sheriff’s Department with agents from federal, state, and local agencies. The Sacramento ICAC investigates online child exploitation crimes, including child pornography, enticement, and sex trafficking. Assistant United States Attorney Todd A. Pickles is prosecuting the case.
Bowen is scheduled to be sentenced by Judge Troy L. Nunley on February 19, 2015. Bowen faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about Internet safety education.
Lubbock Man Sentenced to 87 Months in Federal Prison on Child Pornography ConvictionRead the Press Release
LUBBOCK, Texas — Scott Brandon Hutcheson, 37, of Lubbock, Texas, was sentenced today by U.S. District Judge Sam R. Cummings to 87 months in federal prison following his guilty plea in August 2014 to one count of transportation of child pornography, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Judge Cummings remanded Hutcheson into custody at the conclusion of the hearing.
According to the factual resume filed in the case, in January 2014, Hutcheson used his computer to send an image of child pornography to the wife of a childhood classmate of his. The image depicted the recipient’s son, age four or five, eating an ice cream cone. The image, however, had been modified to make it appear the child was engaged in sexually explicit conduct. The child’s name was also displayed across the top of the image. Hutcheson sent the image, under the name of a third party, with the message:
A friend of mine asked me to send you this, and to inform you that it has been re-blogged onto NAMBLA (North American Boy Love Association) sponsored websites. He said that you would understand that filth is an aesthetic.
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.”
The case was investigated by the Lubbock Police Department Internet Crimes Against Children (ICAC) Task Force and the FBI. Assistant U.S. Attorney Steven M. Sucsy prosecuted.
Long Island Man Sentenced in Manhattan Federal Court to 10 Years in Prison for Insurance Scam in Which He Caused Dozens of Intentional Car CrashesRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced that MAXO JEAN was sentenced today to 10 years in prison for perpetrating a multi-year insurance fraud scheme in which JEAN directed co-conspirators to engage in more than 30 car crashes with innocent third parties, and then fraudulently obtained insurance benefits based on unnecessary medical treatments he secured for his co-conspirators following the crashes. A jury convicted JEAN of conspiracy to commit mail, wire, and health care fraud on January 31, 2014, after a one-week trial. JEAN was sentenced today in Manhattan federal court by U.S. Court of Appeals Judge Denny Chin, sitting by designation, who also presided over JEAN’s trial.
Manhattan U.S. Attorney Preet Bharara said: “A car crash is an awful experience. Yet Maxo Jean directed others to cause crashes with innocent drivers, just so that he and his co-conspirators could line their pockets. His scheme quite literally added insult to injury for the innocent drivers and the insurance companies he defrauded.”
According to the Indictment and the evidence presented at JEAN’s trial and other court proceedings:
From 2006 through 2011, JEAN engaged in a scheme to cause more than 30 intentional car crashes in order to fraudulently obtain insurance benefits. JEAN orchestrated the scheme by finding cars, recruiting crews of drivers and passengers, and then sending the crews out to hit cars driven by innocent victims. JEAN paid the drivers and passengers he recruited, and directed them to crash into cars driven by innocent people so that the supposed “accidents” would appear to be real accidents. Following the crashes, JEAN took his co-conspirators to corrupt medical clinics and directed them to submit to unnecessary treatment, including unnecessary surgeries, for their non-existent injuries, so that the treatments could be billed to car insurance companies. JEAN encouraged his co-conspirators to submit to treatments that he thought were likely to result in the largest payments from insurance companies, such as unnecessary back and shoulder surgeries. JEAN and his co-conspirators then filed fraudulent no-fault insurance claims and insurance claims that fraudulently alleged pain and suffering. The fraudulent insurance claims filed by JEAN and his co-conspirators totaled over $1.5 million, of which they succeeded in collecting nearly $600,000 in payments from ten different insurance companies. JEAN further profited from the scheme by collecting more than $150,000 in insurance company payouts and in kickbacks from the corrupt medical clinics.
In addition to the prison term, Judge Chin ordered JEAN, 52, of Long Island, New York, to forfeit $ 586,831.74 and to pay restitution to his victims.
Mr. Bharara praised the outstanding investigative work of the FBI, and thanked the National Insurance Crime Bureau for its assistance in the case.
This case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorneys Sarah E. Paul and Alexander J. Wilson are in charge of the prosecution.
- Local Man Guilty of Tax Fraud
Lacombe Man Sentenced for Assaulting a Federal Officer with a Pickup TruckRead the Press Release
U.S. Attorney Kenneth A. Polite announced that KORY KREIDER, age 23, of Lacombe, was sentenced today for assaulting a federal officer.
U.S. District Judge Lance M. Africk sentenced KREIDER to 46 months imprisonment followed by three years of supervised release and a $100 special assessment. A hearing to determine restitution is scheduled for December 11, 2014.
According to court documents, in May 2014 officers intercepted a package containing 1,200 pills of Alprazolam (generic Xanax) addressed to a post office box at the Royal Mail and Parcel on Metairie Road in Metairie, Louisiana. Officers delivered the package to Royal Mail and later observed KREIDER pick up the package and walk back to his pickup truck. When KREIDER was instructed to stop, he entered his truck and took off, making evasive maneuvers in order to avoid arrest. At one point, KREIDER headed toward the exit of a parking lot, and a task force officer moved to block the exit with his vehicle. KREIDER rammed the officer’s vehicle, pushing it out of the way, and made good his escape.
U.S. Attorney Polite praised the work of the U.S. Postal Inspection Service, the Drug Enforcement Administration, and the Louisiana State Police in investigating this matter. Assistant United States Attorney Michael B. Redmann was in charge of the prosecution.
Killeen Man Sentenced to Federal Prison for Intimidating WitnessRead the Press Release
Defendant intimidated witness in trial of Killeen brothers convicted of distributing close to 30 kilograms of cocaine
In Waco today, U.S. District Judge Walter S. Smith, Jr., sentenced 33-year-old Carrick Mondale Mango of Killeen, TX, to ten years in federal prison followed by three years of supervised release and ordered him to pay a $1,000 fine for witness tampering announced United States Attorney Robert Pitman, Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division, and United States Marshal Robert Almonte.
On June 12, 2014, Mango pleaded guilty to one count of obstruction of justice and one count of witness tampering. According to court records, on March 6, 2014, during the trial of U.S. v. Cornelius Tywarren Wilson, et al. (W-13-CR-138) in federal court in Waco, Mango approached a trial witness and instructed the witness not to testify against defendant Christopher Wilson. The witness told deputy U.S. Marshals that Mango gave the witness an intimidating look, which made the witness feel threatened and uncomfortable. The witness took the stand during trial and testified but failed to identify Christopher Wilson, even though they were neighbors.
Mango’s intimidation tactics also included accosting the prosecutor trying the case and intentionally following another government witness to the lobby of the United States Attorney’s Office.
On March 10, 2014, the jury found Christopher and his brother, Cornelius Wilson, guilty of multiple drug charges in connection with their cocaine distribution operation based in Killeen. On April 30, 2014, Christopher and Cornelius Wilson were sentenced to 35 years and 30 years in federal prison, respectively.
This case was investigated by the Federal Bureau of Investigation together with the United States Marshals Service. Assistant United States Attorney Greg Gloff prosecuted this case on behalf of the Government.
KC Business Owners Sentenced for $1 Million Fraud Scheme of Debt-Stressed ClientsRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that the husband and wife owners and operators of a Kansas City, Mo., firm that promised to help financially-strapped clients get out of debt were sentenced in federal court today for defrauding 81 clients and the government of more than $1 million.
John Lee Norris, 43, and Julie Tina Hatcher, 39, both of Kansas City, Mo., were each sentenced by U.S. District Judge Brian C. Wimes to nine years in federal prison without parole. The court also ordered Norris to pay $1,081,658 in restitution and Hatcher $1,067,131.
Norris and Hatcher, who are married, operated Reaper Investment Partners, LLC; they also did business as Hydra International. In August 2011 they formed Death Productions LP, which maintained an office in Mission, Kan., before moving to Kansas City, Mo.
On May 28, 2014, both Norris and Hatcher pleaded guilty to participating in a conspiracy to defraud homeowners and other debtors who were in financial distress (as well as their victims’ lenders and the Federal Housing Administration) from August 2010 to June 28, 2013.
In addition to the conspiracy, Norris and Hatcher each pleaded guilty to one count of mail fraud. Hatcher also pleaded guilty to one count of Social Security disability fraud. Hatcher admitted that she failed to report her work activities and income while she received Social Security disability benefits from August 2010 through April 2012.
Norris and Hatcher recruited and targeted homeowners and others who were in financial difficulties with promises that they would be rescued from their financial problems, including foreclosure. Norris and Hatcher made promises and assurances to homeowners and other debtors that in exchange for a monthly payment RIP would stop and/or prevent the debtor from losing his or her home.
Norris and Hatcher admitted that they spent the payments received from RIP’s clients for their personal use. Dozens of client victims, as well as lenders, suffered hundreds of thousands of dollars in losses as a result of the conspiracy, including the loss of homes and vehicles. The federal indictment refers to victims from Lee’s Summit, Mo., St. Joseph, Mo., Gardner, Kan., Paducah, Ken., and North Wales, Penn.
A total of 81 individual client/victims have been identified, who claim to have lost a total of $759,344 in the fraud scheme. In addition to the individual victims, the Department of Housing and Urban Development sustained losses on the foreclosures of four properties in the total amount of $317,704. The total combined loss of the individual victims and HUD is thus approximately $1,091,070.
Among the examples of victims cited in court documents are a couple who came home to find a notice posted on their front door that the home had been sold on the courthouse steps and they had days to vacate; on moving day the husband had a stroke from the stress and died six months later. A single older woman who took in foster children lost her home in foreclosure and is now paying rent to the purchaser. Another older woman lost her home (which she had built for her specially) in foreclosure and is now living elsewhere.
Even after learning of several lost homes, RIP continued to accept monthly payments for services and continued to accept new clients with promises that clients would not lose their homes. They continued operating the scheme after they were contacted by law enforcement, after interviews by the FBI and for several months after they were indicted by a federal grand jury. When one victim told them he had been interviewed by the FBI, they reassured him and continued taking his $910 per month payment.
Norris and Hatcher promised RIP would refinance homeowners’ existing home loans at a significantly lower principle amount and low interest rate. They told homeowners RIP would get title to the properties. Upon entering into the contract, homeowners were to stop making payments to their lenders and instead pay the agreed amount to RIP. Homeowners were promised that when the refinanced RIP loan was paid off, they would get title to their property.
Norris and Hatcher claimed that RIP would draft, serve, file, and record legal forms, pleadings, and other documents; and would conduct necessary legal processes, contact the relevant parties, and implement administrative procedures to stop its clients from losing their home or property. When their clients contacted them and told them they had received notice that their homes were being foreclosed and that they had received eviction notices, Norris and Hatcher reassured them. Norris and Hatcher told their clients not to worry because these notices were part of the process, and RIP continued accepting payments. Even after several clients lost their homes to foreclosure, Norris and Hatcher reassured them that RIP would get the houses back. RIP continued to take payments from other homeowners.
After informing law enforcement that they were no longer doing business, Norris and Hatcher continued to accept payments from at least one client and reassured at least one client that they were still working on the homeowner’s behalf. After closing RIP, they continued to accept payments.
This case was prosecuted by Assistant U.S. Attorneys Linda Parker Marshall and Brian P. Casey. It was investigated by the FBI, the U.S. Secret Service, the U.S. Department of Housing and Urban Development – Office of Inspector General, the Social Security Administration – Office of Inspector General, the Johnson County, Kan., District Attorney’s Office and the Kansas City, Mo., Police Department.Justice Department and City of Cleveland Agree to Reform Division of Police after Finding a Pattern or Practice of Excessive ForceRead the Press Release
Attorney General Eric Holder announced today that the Justice Department’s civil rights investigation into the use of force by the Cleveland Division of Police has found a pattern or practice of unreasonable and unnecessary use of force. To address these findings the Justice Department and the city of Cleveland have signed a statement of principles committing them to develop a court enforceable consent decree that will include a requirement for an independent monitor who will oversee and ensure necessary reforms.
“Accountability and legitimacy are essential for communities to trust their police departments, and for there to be genuine collaboration between police and the citizens they serve,” said Attorney General Eric Holder. “Although the issues in Cleveland are complex, and the problems longstanding, we have seen in city after city where we have been engaged that meaningful change is possible. There are real, practical and concrete measures that can be taken to ensure not only that police services are delivered in a constitutional manner, but that promote public safety, officer safety, confidence and collaboration, transparency, and legitimacy.”
The investigation, launched in March, 2013, assessed use of force practices of the Cleveland Division of Police following a number of high profile use of force incidents and requests from the community and local government to investigate the division. The investigation concluded that there is reasonable cause to believe that Cleveland police officers engage in a pattern or practice of unreasonable and in some cases unnecessary force in violation of the Fourth Amendment of the Constitution. That pattern or practice includes:
- The unnecessary and excessive use of deadly force, including shootings and head strikes with impact weapons;
- The unnecessary, excessive or retaliatory use of less lethal force including Tasers, chemical spray and fists;
- Excessive force against persons who are mentally ill or in crisis, including in cases where the officers were called exclusively for a welfare check; and
- The employment of poor and dangerous tactics that place officers in situations where avoidable force becomes inevitable.
After determining that a pattern or practice of unconstitutional conduct exists, the investigation assessed the causes for the pattern and developed recommended remedial action. The investigation concluded that Cleveland officers are not provided with adequate training, policy guidance, support, and supervision. Additionally, systems of review that would identify problems and correct institutional weaknesses and provide individual accountability are seriously deficient. The investigation found that division fails to:
- Adequately review and investigate officers’ uses of force;
- Fully and objectively investigate all allegations of misconduct;
- Identify and respond to patterns of at-risk behavior;
- Provide its officers with the support, training, supervision, and equipment needed to allow them to do their jobs safely and effectively;
- Adopt and enforce appropriate policies; and
- Implement effective community policing strategies.
The investigation also found that this pattern of excessive force has eroded public confidence in the police. The trust between the Cleveland Division of Police and many of the communities it serves is broken. As a result, public safety suffers and the job of delivering police services is more difficult and more dangerous. Throughout the investigation, the Department of Justice provided its observations and concerns to the city, and in response, the division has begun to implement a number of remedial measures, however much more work is needed. This afternoon Attorney General Eric Holder, Acting Assistant Attorney General Vanita Gupta and U.S. Attorney Steven Dettelbach will host a joint meeting with community leaders, law enforcement officials and elected officials to discuss how to improve their working relationship and address the problems and challenges identified by the Department of Justice.
“We look forward to working together with the city of Cleveland, members of the Cleveland community and Cleveland police officers to address the deficiencies that have led to this pattern of unnecessary and excessive force,” said Acting Assistant Attorney General Gupta. “Together, we can build confidence in the division that will ensure compliance with the Constitution, improve public safety and make the job of delivering police services safer and more effective.”
“Our independent investigation, conducted at the request of the Mayor and others, revealed troubling patterns of the use of force in the Cleveland Division of Police,” said U.S. Attorney Dettelbach. “We applaud the division and the city for beginning to implement necessary reforms and are pleased that the city has entered into a statement of principles agreeing to negotiate a consent decree with outside monitoring that will guide the development of a sustainable blueprint for reform. It will take a joint effort by all stakeholders to ensure that this critical initiative is a success.”
The investigation was conducted jointly by the Civil Rights Division’s Special Litigation Section and the U.S. Attorney’s Office for the Northern District of Ohio. The investigation involved an in-depth review of thousands of pages of documents, including written policies and procedures, training materials, and internal reports, data, video footage and investigative files. Department of Justice attorneys and investigators also conducted interviews with officers, supervisors and command staff, and city officials; and spoke with hundreds of community members and local advocates. This investigation was separate from any criminal investigation of any specific incident of alleged misconduct.
Individuals who wish to have input into developing the reforms or who have information relevant to the Justice Department's investigation into the use of force by the Cleveland Division of Police are encouraged to contact us by email at community.cleveland @usdoj.gov or by calling our toll free number, (202) 307-6479.
Read a copy of the Executive Summary here
Leer una copia del resumen ejecutivo aquí
Read a copy of the Findings Letter here
Read a copy of the Statement of Principles here
Lea una copia de la Declaración de Principios aquí
Justice Department and City of Cleveland Agree to Reform Division of Police After Finding a Pattern or Practice of Excessive ForceRead the Press Release
Attorney General Eric Holder announced today that the Justice Department’s civil rights investigation into the use of force by the Cleveland Division of Police has found a pattern or practice of unreasonable and unnecessary use of force. To address these findings the Justice Department and the city of Cleveland have signed a statement of principles committing them to develop a court enforceable consent decree that will include a requirement for an independent monitor who will oversee and ensure necessary reforms.
“Accountability and legitimacy are essential for communities to trust their police departments, and for there to be genuine collaboration between police and the citizens they serve,” said Attorney General Eric Holder. “Although the issues in Cleveland are complex, and the problems longstanding, we have seen in city after city where we have been engaged that meaningful change is possible. There are real, practical and concrete measures that can be taken to ensure not only that police services are delivered in a constitutional manner, but that promote public safety, officer safety, confidence and collaboration, transparency, and legitimacy.”
The investigation, launched in March, 2013, assessed use of force practices of the Cleveland Division of Police following a number of high profile use of force incidents and requests from the community and local government to investigate the division. The investigation concluded that there is reasonable cause to believe that Cleveland police officers engage in a pattern or practice of unreasonable and in some cases unnecessary force in violation of the Fourth Amendment of the Constitution. That pattern or practice includes:
-
The unnecessary and excessive use of deadly force, including shootings and head strikes with impact weapons;
-
The unnecessary, excessive or retaliatory use of less lethal force including Tasers, chemical spray and fists;
-
Excessive force against persons who are mentally ill or in crisis, including in cases where the officers were called exclusively for a welfare check; and
-
The employment of poor and dangerous tactics that place officers in situations where avoidable force becomes inevitable.
After determining that a pattern or practice of unconstitutional conduct exists, the investigation assessed the causes for the pattern and developed recommended remedial action. The investigation concluded that Cleveland officers are not provided with adequate training, policy guidance, support, and supervision. Additionally, systems of review that would identify problems and correct institutional weaknesses and provide individual accountability are seriously deficient. The investigation found that division fails to:
-
Adequately review and investigate officers’ uses of force;
-
Fully and objectively investigate all allegations of misconduct;
-
Identify and respond to patterns of at-risk behavior;
-
Provide its officers with the support, training, supervision, and equipment needed to allow them to do their jobs safely and effectively;
-
Adopt and enforce appropriate policies; and
-
Implement effective community policing strategies.
The investigation also found that this pattern of excessive force has eroded public confidence in the police. The trust between the Cleveland Division of Police and many of the communities it serves is broken. As a result, public safety suffers and the job of delivering police services is more difficult and more dangerous. Throughout the investigation, the Department of Justice provided its observations and concerns to the city, and in response, the division has begun to implement a number of remedial measures, however much more work is needed. This afternoon Attorney General Eric Holder, Acting Assistant Attorney General Vanita Gupta and U.S. Attorney Steven Dettelbach will host a joint meeting with community leaders, law enforcement officials and elected officials to discuss how to improve their working relationship and address the problems and challenges identified by the Department of Justice.
“We look forward to working together with the city of Cleveland, members of the Cleveland community and Cleveland police officers to address the deficiencies that have led to this pattern of unnecessary and excessive force,” said Acting Assistant Attorney General Gupta. “Together, we can build confidence in the division that will ensure compliance with the Constitution, improve public safety and make the job of delivering police services safer and more effective.”
“Our independent investigation, conducted at the request of the Mayor and others, revealed troubling patterns of the use of force in the Cleveland Division of Police,” said U.S. Attorney Dettelbach. “We applaud the division and the city for beginning to implement necessary reforms and are pleased that the city has entered into a statement of principles agreeing to negotiate a consent decree with outside monitoring that will guide the development of a sustainable blueprint for reform. It will take a joint effort by all stakeholders to ensure that this critical initiative is a success.”
The investigation was conducted jointly by the Civil Rights Division’s Special Litigation Section and the U.S. Attorney’s Office for the Northern District of Ohio. The investigation involved an in-depth review of thousands of pages of documents, including written policies and procedures, training materials, and internal reports, data, video footage and investigative files. Department of Justice attorneys and investigators also conducted interviews with officers, supervisors and command staff, and city officials; and spoke with hundreds of community members and local advocates. This investigation was separate from any criminal investigation of any specific incident of alleged misconduct.
-
Justice Department Settles Lawsuit Against California Employer over Discrimination Against Foreign-Born WorkersRead the Press Release
The Justice Department announced today that it reached a settlement with Life Generations Healthcare LLC, doing business as Generations Healthcare (GHC), a company that runs assisted living facilities throughout California. The settlement follows an administrative court decision finding that GHC engaged in a pattern and practice of discrimination against individuals born abroad, including naturalized U.S. citizens, in violation of the Immigration and Nationality Act.
On Sept. 30, 2011, the Justice Department filed a lawsuit against GHC alleging that the company discriminated against authorized workers born abroad. Specifically, GHC required these immigrants to produce more documents to establish authority to work than it required of citizens born in the United States. After a trial, the Office of the Chief Administrative Hearing Officer -- the administrative court that hears such claims -- ruled in the department’s favor.
Today’s settlement resolves the remedial issues in the case, which the court did not address in its earlier ruling. Under the terms of the settlement agreement, GHC will pay a total of $119,313 in back pay to two victims of discrimination, and $88,687 in civil penalties to the United States. GHC will also be subject to monitoring of its hiring practices for a period of two years.
“Both the court’s ruling and this settlement underscore the importance of complying with the anti-discrimination provision of the Immigration and Nationality Act and the consequences for failing to do so," said Acting Assistant Attorney General Vanita Gupta for the Civil Rights Division. “Employers should review their hiring policies and employment eligibility verification practices to ensure that they comply with federal anti-discrimination law.”
The case was litigated and settled by the department’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), which is responsible for enforcing the anti-discrimination provision of the Immigration and Nationality Act. The statute prohibits employers from placing additional documentary burdens on work-authorized applicants or employees during the employment eligibility verification process because of their citizenship status or national origin. The statute also prohibits citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee, as well as retaliation and intimidation.
For more information about protections against employment discrimination under immigration laws, call OSC’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call OSC’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar at www.justice.gov/crt/about/osc/webinars.php, email [email protected]; or visit OSC’s website at www.justice.gov/crt/about/osc.
Applicants or employees who believe they were subjected to: different documentary requirements based on their citizenship status, immigration status, or national origin; or discrimination based on their citizenship status, immigration status, or national origin in hiring, firing, or recruitment or referral for a fee, should contact OSC’s worker hotline for assistance.
Justice Department Selects First Ever Indian Country Legal Fellow to Serve in the District of ArizonaRead the Press Release
Attorney General Eric H. Holder Jr., announced today that Charisse Arce, of Bristol Bay, Alaska, has been selected as the first-ever Gaye L. Tenoso Indian Country Legal Fellow, part of the Attorney General’s Honors Program.
Arce was chosen from a large pool of highly-qualified applicants and will be appointed to a three-year term position in the United States Attorney’s Office in the District of Arizona, where she will be assigned to the district’s Indian Country Crime Section. Arce will also serve a portion of her appointment in the Pascua Yaqui tribal prosecutor’s office.
This is the first year of the Gaye L. Tenoso Indian Country Fellowship within the Attorney General’s Honors Program, and it is awarded to an extraordinarily well-qualified new attorney with a deep interest in and enthusiasm for improving public safety in tribal communities.
“This is an investment in the future of the department, named for a beloved and extraordinary member of our DOJ family – and an enrolled member of the Citizen Potawatomi Nation of Indians – who sadly passed away this summer, but devoted her career to advancing the federal government’s relationships with sovereign tribes. This program exemplifies how we are seeking to institutionalize the department’s commitment to justice in Indian country,” said Attorney General Holder. “The Indian Country fellowship will give each candidate an opportunity to gain significant experience and exposure to the work of the Justice Department in Indian country, and in the long term help us build a cadre of legal talent in the department with expertise in federal Indian law.”
“We are excited to welcome Charisse Arce to the District of Arizona as the first Gayle Tenoso Indian Country Fellowship recipient,” said U.S. Attorney for the District of Arizona John S. Leonardo. “The U.S. Attorney’s Office is committed to making this inaugural fellowship a success for all involved and a model for future fellowships in Arizona and in districts around the country. Ms. Arce has demonstrated a strong commitment to American Indian and Alaska Native communities, and we look forward to having her in our Tucson office and working closely with the Pasqua Yaqui Tribe.”
Ms. Arce is currently a fellow at Bristol Bay Native Corporation, one of thirteen Alaska Native Regional Corporations created under federal law. Ms. Arce received her law degree from Seattle University School of Law, where she was a member of the editorial staff for and published an article in the American Indian Law Journal. During law school, Ms. Arce served as an extern for the United States Attorney’s Office for the Western District of Washington, for the Washington State Supreme Court, and for the Department of Interior’s Office of the Solicitor. She also worked as a legal research assistant for a law professor and for a private law firm. Prior to law school, Ms. Arce graduated, cum laude, with a B.A. in Marketing from Seattle University.
The Pascua Yaqui Tribe, located near Tucson, Arizona, is one of three tribes – along with the Tulalip Tribes of Washington, and the Umatilla Tribes of Oregon – participating in a pilot project under the 2013 reauthorization of the Violence Against Women Act (VAWA 2013) to exercise special domestic violence criminal jurisdiction over certain defendants, regardless of their Indian or non-Indian status, who commit acts of domestic violence or dating violence or violate certain protection orders in Indian country. The pilot is authorized by the Department of Justice. This new law generally takes effect on March 7, 2015, but also authorizes the pilot project to allow certain tribes to begin exercising special jurisdiction sooner. Since the pilots began, more than 20 criminal cases have been charged by tribal prosecutors against non-Indian domestic violence offenders, and several have been convicted of domestic violence crimes.
“The Pascua Yaqui Tribe is pleased to have the opportunity to partner with the District of Arizona U.S. Attorney’s Office and the Attorney General’s Honors Program, through the Gaye L. Tenoso Indian Country Fellowship,” said Pascua Yaqui Tribal Chairman Peter Yucupicio. “We welcome the new Department of Justice fellow and look forward to a productive partnership as we fight violent crime, work to keep our community safe, and continue to implement the Violence Against Women Act (VAWA), and Special Domestic Violence Criminal Jurisdiction (SDVCJ).”
The Fellowship is named in honor of Department of Justice attorney, the late Gaye L. Tenoso. Gaye’s distinguished service to the Department and the people it serves spanned 30 years. For the last six years of her life Gaye served as the Deputy Director the Office of Tribal Justice. Gaye’s expertise in Federal Indian law and knowledge of tribes enabled her to be an exceptionally effective advisor on litigation and policy matters. She worked tirelessly to ensure that specific protections for American Indian women were included in VAWA 2013. Gaye also mentored many legal interns during her time at the Office of Tribal Justice, and was an inspiration and guide who left a deep impression on many young attorneys.
Read more about the work of the Department of Justice in Indian Country at www.justice.gov/tribal/accomplishments
Jury Convicts Syracuse Man of Drug and Gun OffensesRead the Press Release
SYRACUSE, NEW YORK – United States Attorney Richard S. Hartunian announces that SHAEEM GRADY(A/K/A SHAHEEM GRADY) was found guilty of three felony offenses following a three day jury trial in federal court in Syracuse: Possession with the Intent to Distribute Cocaine Base, in violation of Title 18, United States Code, Section 841(a)(1) and (b)(1)(C); Possession of a Firearm in Furtherance of a Drug Trafficking Crime, in violation of Title 18, United States Code, Section 924(c)(1)(A); and Felon in Possession of a Firearm, in violation of Title 18, United States Code, Section 922(g)(1) and 924(a)(2). GRADY is facing a statutory mandatory minimum sentence of five years for the conviction of Possession of a Firearm in Furtherance of a Drug Trafficking Crime. He is also facing a maximum term of incarceration of twenty years for the Possession with Intent to Distribute Cocaine Base count, and a maximum term of incarceration of ten years for the Felon in Possession of a Firearm count. Grady will be sentenced in April 2015, before the Honorable Judge Frederick J. Scullin, Jr., in Syracuse, New York.
GRADY, 29, of Syracuse, was arrested on March 22, 2013, when police officers observed a baggie of crack cocaine in his lap as he sat in the passenger seat of a car that was illegally parked. Police attempted to place GRADY under arrest when he violently resisted while attempting to gain access to the center console of the vehicle. A Glock, model 19, 9 mm handgun with 7 rounds in the magazine was located in the center console. GRADY continued resisting and reaching for the console while simultaneously yelling to the driver of the vehicle to “pull off” while officers were located halfway inside the passenger doorway. Officers were able to take GRADY into custody and during a search incident to his arrest, recovered an additional baggie with cocaine residue, a steak knife from his front pants pocket, and $90.00. GRADY was prohibited from possessing a firearm due to a 2002 conviction for Criminal Possession of a Weapon in the Second Degree.
This prosecution resulted from an investigation conducted by the Syracuse Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted by Assistant United States Attorney Geoffrey Brown. Further questions may be directed to Executive Assistant U.S. Attorney John Duncan at (315) 448-0672.
Joplin Man Sentenced for Disaster Fraud Related to Tornado BenefitsRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Joplin, Mo., man was sentenced in federal court today for fraudulently receiving federal disaster benefits following the tornado that struck the city of Joplin on May 22, 2011, killing 158 people and causing more than $2.9 billion in damage.
Fred Lewis Pickett, Jr., 35, was sentenced by U.S. District Judge M. Douglas Harpool to two years in federal prison without parole. The court also ordered Pickett to pay $5,147 in restitution.
Pickett pleaded guilty on July 14, 2014, to one count of disaster fraud. Pickett admitted that he fraudulently received disaster benefits by claiming that he relocated from one primary residence to another primary residence in Joplin because of damage from the tornado. To substantiate his claim of relocation, Pickett submitted several leases and rent receipts bearing the signature of his purported landlord, Dustin Showalter, 36, of Joplin.
On the basis of Pickett’s representations, the Federal Emergency Management Agency (FEMA) authorized four rental assistance payments totaling $5,147. However, Pickett’s claim was false. Pickett did not relocate and Showalter was not his landlord. In fact, Showalter had been banned from the residence, which had been occupied by Showalter’s mother before she was relocated to a nursing home. Pickett and Showalter fabricated the documents Pickett used to substantiate his claim.
Showalter was sentenced to 15 months in federal prison and ordered to pay $938 in restitution after he pleaded guilty, in a separate case, to one count of disaster fraud. Showalter admitted that he committed disaster fraud by making false statements to FEMA in an application for disaster benefits. Showalter fraudulently received disaster benefits by claiming to have lived at a residence in Joplin at the time of the May 22, 2011, tornado, when in fact he did not live at that residence. On the basis of his application to FEMA, Showalter received $938 to which he was not entitled.
This case was prosecuted by Assistant U.S. Attorney Steven M. Mohlhenrich. It was investigated by the U.S. Department of Homeland Security – Office of Inspector General, the FBI and the Joplin, Mo., Police Department.
Disaster Fraud Hotline
Anyone with information about disaster fraud related to the Joplin tornado should call the National Center for Disaster Fraud hotline at 866-720-5721, the Joplin Police Department at 417-623-3131, or the FBI’s Joplin office at 417-206-5700.Jacksonville Men Sentenced in Tax Refund Fraud SchemeRead the Press Release
Jacksonville, Florida – United States District Judge Marcia Morales Howard has sentenced Roberto Bisono and Juan Miguel Ruiz for their roles in a conspiracy involving theft of government property and cashing numerous false and fraudulently filed federal income tax refund checks. Bisono and Ruiz were sentenced to 18 months and 15 months in federal prison, respectively. Both were also ordered to pay $711,000 in restitution to the Internal Revenue Service.
According to court records, between November 2011 and April 2012, Bisono obtained U.S. Treasury checks that had been mailed to bogus taxpayers in the Bronx, New York. These checks were the results of false and fraudulently filed tax returns. In November 2011, Bisono deposited the first seven checks into a business bank account that belonged to Ruiz. He later furnished the remaining 104 checks to Ruiz, who operated a check cashing business in Jacksonville. Ruiz deposited the additional checks into his business bank account and wrote checks totaling over $227,000 to Bisono and others associated with Bisono.
This case was investigated by the Jacksonville office of the Internal Revenue Service - Criminal Investigation. It was prosecuted by Assistant United States Attorney Dale R. Campion.
Jackson County Woman Sentenced on Bank Embezzlement ChargesRead the Press Release
Follow @SDILNewsA Jackson County woman was sentenced today to federal prison on bank embezzlement charges, Stephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced today.
Buffy A. Bastien, 42, of Ava, IL, was sentenced to 24 months in federal prison, to be followed by 5 years of supervised release. Bastien had previously pleaded guilty to a one count Indictment which charged that from about 2010, to on or about February 23, 2014, in Jackson County, Bastien, being an officer and employee of The Bank of Carbondale, a bank whose deposits are insured by the Federal Deposit Insurance Corporation, with intent to injure and defraud The Bank of Carbondale, did willfully embezzle the sum of approximately $229,221.80 of the moneys or funds entrusted to the custody or care of The Bank of Carbondale. Bastien has already repaid $48,721.80 towards restitution. The Court ordered Bastien to pay the remaining $180,500 still owed in restitution.
The investigation in this case was conducted by the Federal Bureau of Investigation.
The case is being handled by Assistant United States Attorney George Norwood.
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.
Appearing before U.S. Magistrate Judge Strong in Great Falls on December 4, 2014, and entering pleas of Not Guilty were:
• EVERETT SKUNKCAP, a 75-year-old resident of Browning, appeared on charges of unlawful taking of a threatened species. If convicted of the most serious charges contained in the indictment, SKUNKCAP faces 6 months in prison and $25,000 in fines. The case was investigated by the U.S. Fish and Wildlife Service. PACER Case Reference: 14-89
Appearing before U.S. Magistrate Judge Lynch in Missoula on December 3, 2014, and entering pleas of Not Guilty were:
• KELLY JAMES ENGELHARDT, a 34-year-old resident of Havre, appeared on charges of conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, ENGELHARDT faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Missoula HIDTA. PACER Case Reference: 14-44
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.
Husband Goes to Jail for Gun CrimeRead the Press Release
Michael J. Moore, United States Attorney for the Middle District of Georgia, announced that Lee McDaniel Parker, age 33, from Macon, Georgia, was sentenced to serve nine years (108 months) in prison following his earlier plea of guilty to possession of a firearm by a prohibited person. The sentence was handed down by the Honorable Marc T. Treadwell, United States District Judge, in Macon, GeorgiaOn December 3, 2013, at approximately 10:00 P.M., Mr. Parker returned to the Macon residence he shared with his wife and her three teenage children. Mr. Parker was subject to a court order restraining him from using or threatening to use physical force against his wife. That order stemmed from a 2012 incident where Parker pointed a gun at his wife, who was then his girlfriend. The order also prohibited Mr. Parker from possessing a firearm. Before returning home on December 3rd, Mr. Parker had attended court ordered anger management classes and had also been drinking. An argument ensued between the couple. Mr. Parker retrieved a 9mm handgun from the mattress of the bedroom and returned to the living room where he shot his wife in the hip. Mr. Parker then put on his shoes and a shirt and left in his vehicle. The police responded and Mr. Parker was apprehended by the Macon Police Department a few blocks away without incident. Hours later, during a videotaped interview by detectives, Parker boasted that he shot his wife and would do it again.
Judge Treadwell departed upwards of the 63-78 months sentencing guideline range and sentenced Mr. Parker to 108 months.
US Attorney Moore said, “The possession, much less the use, of a firearm by a prohibited person is a sure way to wind up in federal prison. Through ongoing cooperation with the local prosecutors in the District Attorney’s Office, Mr. Parker will be held accountable for shooting his wife and for using a gun to commit the crime.”
The case was investigated by the Macon Police Department. Assistant U.S. Attorney Sonja B. Profit handled the prosecution for the United States.
Inquiries regarding the case should be directed to Pamela Lightsey at the United States Attorney’s Office (478/621-2603).Honduran National Pleads Guilty to Illegally ReentryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JOSE LEMUS-HERNANDEZ, age 28, a citizen of Honduras, pled guilty today to a one-count Bill of Information for illegal reentry of removed alien.
According to the Bill of Information, on or about October 30, 2014, JOSE LEMUS-HERNANDEZ was found in the United States after having been officially deported and removed on or about April 16, 2012.
JOSE LEMUS-HERNANDEZ faces a maximum term of imprisonment of two years and a fine of $250,000, or the greater of twice the gross gain to the defendant, one year supervised release after imprisonment, and a $100 special assessment. U.S. District Judge Susie Morgan set sentencing for April 8, 2015.
U.S. Attorney Polite praised the work of the Department of Homeland Security/Immigration and Custom Enforcement and Removal in investigating this matter. Assistant United States Attorney Irene González is in charge of the prosecution.
Honduran National Pleads Guilty to Illegally Reentering United StatesRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JOSUE ALEXANDER HERNANDEZ-MARTINEZ, age 29, a citizen of Honduras, pled guilty today to a one-count Indictment for illegal reentry of a removed alien.
According to the Indictment, on or about August 26, 2014, HERNANDEZ-MARTINEZ was found in the United States after having been officially deported and removed on three prior occasions – June 29, 2006, December 14, 2006, and April 20, 2012.
HERNANDEZ-MARTINEZ faces a maximum term of imprisonment of two years and a fine of $250,000, or the greater of twice the gross gain to the defendant, one year supervised release after imprisonment, and a $100 special assessment. U.S. District Judge Lance M. Africk set sentencing for March 12, 2015.
U.S. Attorney Polite praised the work of the Department of Homeland Security/Immigration and Custom Enforcement and Removal in investigating this matter. Assistant United States Attorney Rick Veters is in charge of the prosecution.
Honduran National Charged with Illegal Reentry into the United StatesRead the Press Release
U.S. Attorney Kenneth A. Polite announced that EDUIN ALEXANDER BETANCOURTH-SALGADO, age 26, from Honduras, was charged today in a one-count Indictment with illegal reentry into the United States after having been previously deported.
According to the Indictment, BETANCOURTH-SALGADO was found by Homeland Security Investigation agents in the Eastern District of Louisiana after records showed on April 15, 2011, he had been previously deported from the United States to Honduras.
If convicted, BETANCOURTH-SALGADO faces a maximum term of imprisonment of two years, a maximum fine of $250,000, a maximum term of supervised release of one year, and a mandatory $100 special assessment.
U. S. Attorney Polite reiterated that an Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of Homeland Security Investigation agents in investigating this matter. Assistant U.S. Attorney Rick Veters is in charge of the prosecution.
Hollywood Man Sentenced to Life Imprisonment for Kidnapping and Sex Trafficking by ForceRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Alysa D. Erichs, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), Scott Israel, Sheriff, Broward Sheriff’s Office (BSO), and Frank Fernandez, Chief, Hollywood Police Department, announce that Shaun Eric McKinley, 35, of Hollywood, Florida, was sentenced to life imprisonment.
On September 18, 2014, a jury found McKinley guilty of one count of kidnapping and one count of sex trafficking by force. According to the evidence presented at trial, in December 2013, McKinley met a 28 year old female outside his home located in Hollywood. Within three days of meeting her, McKinley was acting as her pimp and physically assaulting her for what he saw as minor infractions, such as returning home late from a prostitution date. Thereafter, the victim was required to meet all customers at McKinley’s home where he could keep an eye on her. The victim averaged approximately 5-7 dates a day, 7 days a week, with all the earnings going to McKinley.
The victim first attempted to leave McKinley in February 2014, but he quickly found her. When he got her home, by dragging her for blocks by the hair, McKinley punished her by making her strip naked, covering her head with a pillow case, hog-tying her with extension cords and beating her with a board. The victim waited until April to get up the courage to attempt another escape, this one successful. Unfortunately, on May 18, 2014, McKinley lured her out of hiding using a ruse to get her into a dark alley, where he physically assaulted her, threw her into a car and drove away with her. The kidnapping was captured on a surveillance video from a nearby business and was played for the jury. The victim was able to escape only when McKinley stopped at a convenience store for a cigar, and left his friend in charge of watching her. That friend testified that after McKinley was out of sight he unlocked the car door so the victim could run. After flagging down a passing ambulance, the victim was taken to Memorial Regional Hospital where she was treated for her injuries, which included a fractured front tooth, a lip laceration and head contusions. Still undeterred, and fearing the victim would talk to police, McKinley showed up at the hospital looking for her, dressed in blood covered clothes. A concerned nurse and an alert Hollywood Police Officer working a detail kept McKinley from reaching the victim, and McKinley was placed under arrest.
Mr. Ferrer commended the investigative efforts of ICE-HSI, the BSO, and the Hollywood Police Department. The case was prosecuted by Assistant U.S. Attorneys Corey Steinberg and Paul Schwartz.
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.
Hartford Man Admits Role in 2010 MurderRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that KERONN MILLER, also known as “Fresh,” 24, of Hartford pleaded guilty today in Hartford federal court to aiding and abetting in the murder of Ian Francis of Hartford.
According to court documents and statements made in court, on December 21, 2010, Ian Francis was shot multiple times while sitting in his vehicle on Sigourney Street in Hartford. Francis died as a result of his injuries on January 15, 2011.
In pleading guilty, MILLER admitted that he enticed Francis to Sigourney Street understanding that the plan was to murder Francis when he arrived there. MILLER also admitted that he participated in this plot in order to assist someone else who wanted to prevent a third person from communicating with federal law enforcement and to prevent a person’s attendance at an official federal proceeding.
MILLER pleaded guilty to one count of witness tampering – second degree murder, an offense that carries a maximum term of imprisonment of life. Under the terms of the plea agreement, if accepted by U.S. District Judge Michael P. Shea, MILLER faces a sentence of 168 to 210 months of imprisonment. Sentencing is scheduled for May 26, 2015.
“There is no higher priority for the U.S. Attorney’s Office than addressing violent crime in our cities and prosecuting violent offenders,” stated U.S. Attorney Daly. “This case is particularly important to the federal authorities as the investigation made clear that the victim was killed as part of a plan to undermine and obstruct federal law enforcement proceedings. We commend the FBI Task Force and the Hartford Police Department for their excellent investigative work in bringing to justice one of those responsible for this murder. We also thank them for their continued and diligent work in this ongoing investigation.”
MILLER has been detained since his arrest on November 7, 2012.
A trial in the matter of MILLER’s co-defendant is scheduled for March 2015.
This matter is being investigated by the Federal Bureau of Investigation’s Northern Connecticut Violent Crimes and Gang Task Force and the Hartford Police Department’s Major Crimes Division. The case is being prosecuted by Assistant U.S. Attorneys Brian Leaming and Jennifer Laraia.
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(203) 821-3722 [email protected]Harrisburg Man Sentenced to 168 Months' Imprisonment for Cracker Barrel Restaurant Armed RobberyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Nathaniel Mosley, age 44, of Harrisburg, Pennsylvania was sentenced by United States District Court Judge Sylvia H. Rambo on December 3, 2014 to 168 months’ imprisonment, a $1,200 fine and three years of supervised release following his release from imprisonment after pleading guilty to armed robbery and use of a firearm during a crime of violence in June 2014.
According to U.S. Attorney Peter Smith, on December 3, 2013, Mosley along with co-defendants Torey Dobbin and George Stoney robbed the Cracker Barrel restaurant on Brindle Road in Harrisburg at gunpoint. The Susquehanna Township Police Department was alerted after a caller advised that individuals were inside the building robbing the restaurant. Officers arrived almost immediately and set up a perimeter around the building. Shortly thereafter three men wearing masks exited the restaurant and fled on foot. After a brief pursuit, all three were apprehended. Officers located the stolen money and seized three firearms.
Both Dobbin and Stoney have pled guilty and are awaiting sentencing.
The investigation was conducted by the Federal Bureau of Investigation Capital City Safe Streets Task Force and the Susquehanna Township Police Department. The case was prosecuted by Assistant United States Attorney Daryl F. Bloom.
Hammond Couple Sentenced for Conspiracy to Make, Possess and Pass Counterfeit U.S. CurrencyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JOSHUA ORSO, age 27, and BRITTANY WATTIGNEY, age 25, both of Hammond, were sentenced today for conspiracy to make, possess, and pass counterfeit U.S. currency.
U.S. District Judge Jane Triche Milazzo sentenced ORSO and WATTINGNEY each to 18 months incarceration followed by three years of supervised release.
According to court documents, law enforcement officers, utilizing a cooperating individual, conducted an undercover controlled purchase of $2,000 worth of counterfeit U.S. currency in exchange for $350 of genuine U.S. currency from ORSO and WATTIGNEY at their residence. A search warrant executed at their residence resulted in the seizure of evidence that was used to manufacture the counterfeit currency. ORSO and WATTIGNEY were arrested by law enforcement officers, who seized additional counterfeit U.S. currency.
U.S. Attorney Polite praised the work of the U.S. Secret Service, New Orleans Field Office, the Louisiana State Police, and the Hammond Police Department for investigating this matter. Assistant United States Attorney Loan "Mimi" Nguyen was in charge of the prosecution.
Greene County Man Charged with Damaging Gas Well FacilityRead the Press Release
PITTSBURGH - A resident of Greene County has been indicted by a federal grand jury in Pittsburgh on charges of damage of an energy facility, United States Attorney David J. Hickton announced today.
The one-count indictment, returned on Dec. 2, named Brian M. Harbarger, 35, as a defendant.
According to the information presented to the court, Harbarger damaged the Burchianti Pad, a pad of five natural gas wells operated by Chevron North America Exploitation and Production Company, a division of Chevron USA, Inc.
The law provides for a maximum total sentence of five years in prison, a fine of $250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Nelson P. Cohen is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Pennsylvania State Police conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Grand Isle Man Sentenced for Assaulting Two African-American Women Because of Their Race and Employment StatusRead the Press Release
U.S. Attorney Kenneth A. Polite announced that Grand Isle businessman JOSH JAMBON was sentenced to 1 year probation on each count for assaulting two African-American women because of both their race and employment status. One condition of probation is that JAMBON serve 25 consecutive weekends days incarcerated at the Bureau of Prisons. In addition to the probation, JAMBON was fined $10,000. The victims, identified as M.R. and N.S., were members of a Hurricane Isaac relief crew.
During a plea hearing on July 2, 2014, JAMBON admitted that he assaulted the two female African-American workers because of both their race and employment status. On Sept. 18, 2012, in Grand Isle, JAMBON approached a work crew tasked with cleaning up debris from Hurricane Isaac. JAMBON was upset because he believed a different work crew had damaged his property, and he asked to speak to the crew’s supervisor. During this interaction, JAMBON used racial slurs against the female African-American crew members. JAMBON then approached one of the women, N.S., and hit her in the face. He then hit the other woman, M.R., in the face. When JAMBON saw a third crew member, B.W., filming the incident on her cell phone, JAMBON initiated a physical struggle with B.W. in an attempt to take her cell phone so that he could delete the video.
This case was investigated by the Federal Bureau of Investigation and was prosecuted by Trial Attorney Risa Berkower of the Justice Department’s Civil Rights Division and Assistant United States Attorney Matthew Chester of the U.S. Attorney’s Office for the Eastern District of Louisiana.
Grand Isle Man Pleads Guilty to Mail Fraud in Connection with GCCF ClaimRead the Press Release
U.S. Attorney Kenneth A. Polite announced that RONNIE P. VEDROS, 52, of Grand Isle, pled guilty today to one count of mail fraud.
According to court documents, VEDROS’s charges stem from an application he submitted to the Gulf Coast Claims Facility (GCCF) in the aftermath of the explosion and oil spill at the Deepwater Horizon oil rig. VEDROS claimed to have lost earnings as a commercial fisherman and engineer as a result of the oil spill and provided documentation to prove his loss. In reality, as set forth in the factual basis, VEDROS was neither a commercial fisherman nor employed as an engineer at the time of the disaster and the documentation submitted had been falsified. As a result of VEDROS’s false application, he received approximately $30,173.56 in funds from the GCCF he was not entitled to.
VEDROS faces a maximum penalty of twenty years imprisonment, up to three years of supervised release, a $250,000 fine, and a $100 special assessment. U.S. District Judge Lance M. Africk scheduled sentencing for March 12, 2015.
This case was brought as part of this District’s partnership with the National Center for Disaster Fraud (NCDF), a nationwide initiative to protect available funds and assistance for those victims of both natural and man-made disasters such as hurricanes, floods, tornadoes and the recent Gulf oil spill. If you have knowledge of fraud, waste, abuse, or allegations of mismanagement involving disaster relief operations, you can contact the NCDF by either calling the hotline at (866) 720-5721, faxing (225) 334-4707, emailing at [email protected] or in writing to National Center for Disaster Fraud, Baton Rouge, LA 70821-4909.
U.S. Attorney Polite praised the work of the U.S. Secret Service in investigating this case. Assistant U. S. Attorney Matt Chester is in charge of the prosecution.
Georgia Resident Sentenced in Nebraska for Filing False Liens Against Federal OfficialsRead the Press Release
A Pelham, Georgia, man was sentenced on Dec. 2 in the U.S. District Court for the District of Nebraska to serve 10 years in prison followed by three years of supervised release for filing false retaliatory liens against federal government officials, announced Acting Deputy Assistant Attorney General Larry J. Wszalek for the Justice Department’s Tax Division.
On Sept. 4, David Randall Due was convicted by a jury on all seven counts charged in the superseding indictment.
At trial, the evidence showed that David Randall Due and Donna Kozak, a resident of La Vista, Nebraska, and member of the sovereign citizen group “Republic for the united States of America,” conspired and agreed to retaliate against several federal officials in Nebraska by filing false liens claiming false interests in the officials’ property for millions of dollars. Due prepared the false liens in Georgia and Kozak filed them in Nebraska counties. Kozak and Due filed the liens in retaliation for the federal criminal tax prosecution and trial convictions of associates David and Bernita Kleensang. Each targeted federal official had some connection to either a tax prosecution of David and Bernita Kleensang in June 2012 or the subsequent indictment of Kozak for tax offenses.
In September 2012, Kozak and Due filed one $19 million false lien in Boyd County, Nebraska, on property owned by the federal U.S. District Court judge who presided over the Kleensang trial. Kozak was subsequently indicted by a federal grand jury for filing the false lien and for other tax-related charges. While she was on release pending trial, Due provided her with five more false liens, which she filed in Washington County, Nebraska, on properties owned by a second federal U.S. District Court judge, the U.S. Attorney, two Assistant U.S. Attorneys, and an Internal Revenue Service-Criminal Investigation (IRS-CI) special agent.
On Aug. 1, Kozak was tried and convicted by a jury in the U.S. District Court for the District of Nebraska. Her sentencing is scheduled for Jan. 6, 2015.
This case was investigated by special agents of the FBI and IRS-CI, and was prosecuted by trial attorneys from the Tax Division.
Additional information about the Tax Division and its enforcement efforts may be found at the division website.
Fresno Man Indicted for Filing False Tax Returns Seeking More Than $600,000 in RefundsRead the Press Release
FRESNO, Calif. — A grand jury indicted Mark Threet, 52, of Modesto, today, charging him with making a false claim for a tax refund, United States Attorney Benjamin B. Wagner announced.
According to court documents, Threet filed more than 860 false tax returns for himself and others for the tax years 2008 to 2011. Each return included false statements regarding income, tax credits, and refund amounts. In sum, the returns claimed more than $600,000 was claimed for these false tax refunds.
This case is the product of an investigation by the Internal Revenue Service, Criminal Investigation. Assistant United States Attorney Patrick R. Delahunty is prosecuting the case.
If convicted, Threet faces a maximum statutory penalty of five years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
The charges against the defendant are only allegations; he is presumed innocent until and unless proven guilty beyond a reasonable doubt.