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Wednesday 15 October 2014
Nevada Man Pleads Guilty to Receiving Child Porn, Faces 12 Years in PrisonRead the Press Release
Project Safe Childhood
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that Nevada, Mo., man pleaded guilty in federal court today to receiving child pornography after he assumed a false online identity as a woman and persuaded a teenage girl in Georgia to send him pornographic images of herself.
Curtis Bowman, 43, of Nevada, pleaded guilty before U.S. Magistrate Judge David P. Rush to receiving child pornography over the Internet.
Law enforcement officers in Cobb County, Ga., were contacted by the victim’s mother. She told officers that her 16-year-old daughter, identified as ”Jane Doe,” had been engaged in sexually explicit e-mail communications with an individual identifying herself as “Amanda Toben.” Jane Doe confirmed that she met “Amanda Toben,” whom she believed was a female resident of Missouri, in an online chat room sometime in January 2014. They began exchanging e-mails and within a matter of days, the e-mail exchanges became sexual in nature. Jane Doe ultimately sent a number of images depicting herself engaged in sexually explicit conduct to “Toben.”
Georgia law enforcement officers identified Bowman and on Friday, March 7, 2014, local law enforcement officers executed a search warrant at Bowman’s residence, where he was arrested. Investigators discovered a number of sexually explicit images of Jane Doe on Bowman’s computer.
Under the terms of today’s plea agreement, the court will sentence Bowman to 12 years in federal prison without parole and may also order Bowman to pay restitution to the victim. 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 James Kelleher. It was investigated by the Vernon County, Mo., Sheriff’s Department, the Southwest Missouri Cyber Crimes Task Force, the FBI and the Cobb County, Ga., Police Department.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."Naples Man Sentenced for Illegal Cat HuntRead the Press Release
COEUR D'ALENE - Tod S. Navarro, 50, of Naples, Idaho, was sentenced to five years of probation and a five year hunting ban for violation of the Lacey Act, U.S. Attorney Wendy J. Olson announced. United States District Judge Edward J. Lodge also ordered Navarro to serve 50 hours of community service. He pleaded guilty to the charge on April 28, 2014.
According to the plea agreement, Navarro admitted that he and his co-defendants took three North Dakota men hunting for mountain lions. The North Dakota hunters did not have Idaho permits or tags. Navarro and two co-defendants put their tags on the mountain lions killed by the North Dakota hunters.
The case was investigated by Idaho Fish and Game and U.S. Fish and Wildlife Service (USFW).
Mobile County Man Sentenced to 84 Month Incarceration for Possessing Firearms After Felony ConvictionRead the Press Release
The United States Attorney, Kenyen R. Brown, announces that Kawarren D. Pugh, a 36 year old resident of Mobile, Alabama was sentenced today. Mr. Pugh pled guilty to two violations of the felon in possession statute. His first guilty plea was on June 19, 2014, and the second one was on August 18, 2014. He was sentenced to a concurrent term of 84 months incarceration followed by three years of supervised release. Prior to the guilty pleas, Mr. Pugh had been convicted of two felonies.
Special Agents of the Bureau of Tobacco, Firearms and Explosives along with the United States Marshall’s Service investigated the cases and presented it to the U.S. Attorney's Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Middlesex, N.J., Woman Pleads Guilty to Conspiring to Defraud the U.S. Treasury Department of Nearly $1 MillionRead the Press Release
TRENTON, N.J. - A woman from Middlesex, New Jersey, today admitted defrauding the United States Department of the Treasury of $940,000 in income tax return checks, U.S. Attorney Paul J. Fishman announced today.
Rosemary Valerio, 32, pleaded guilty today before U.S. District Judge Anne E. Thompson in Trenton federal court to an information charging her with one count of conspiracy to defraud the United States.According to documents filed in the case and statements made in court:
Valerio and other conspirators obtained and cashed stolen income tax refund checks, using the illicit cash proceeds for their personal benefit. Valerio provided Treasury checks to Rosanna Rodriguez, the head teller at a Perth Amboy, New Jersey bank, who then negotiated the checks against unknowing third-party bank accounts. At her plea hearing, Valerio admitted that the total loss from the conspiracy was approximately $940,000.
The count of conspiracy to defraud the United States carries a maximum potential penalty of five years in prison and a $250,000 fine, or twice the gain or loss from the offense. Sentencing is currently scheduled for Jan. 22, 2015.
Rodriguez pleaded guilty to one count of conspiracy to defraud the United States on Sept. 22, 2014 and is scheduled for sentencing on Jan.12, 2015.
U.S. Attorney Fishman credited special agents of IRS-Criminal Investigation, under the direction of Acting Special Agent in Charge Jonathan D. Larsen; the U.S. Secret Service, under the direction of Special Agent in Charge James Mottola; and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge Andrew M. McLees, with the investigation.The government is represented by Assistant U.S. Attorney Danielle M. Corcione of the U.S. Attorney’s Office Criminal Division in Newark, New Jersey.
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Defense counsel: Karen Fernandez Esq., New York
Valerio, Rosemary Information
Mexican National Sentenced to Federal Prison for Trafficking Cocaine in Anthony, N.M.Read the Press Release
ALBUQUERQUE –Alejandro Lopez, 41, a Mexican native who resides in Anthony, N.M., was sentenced today in federal court in Las Cruces, N.M., to 60 months in federal prison for his cocaine trafficking conviction. Alejandro Lopez, a legal permanent resident, will be deported after he completes his prison sentence.
Alejandro Lopez and his brother Eddy Lopez, 38, were arrested on Nov. 15, 2012, on a criminal complaint charging them with trafficking in cocaine. On March 29, 2013, Eddy Lopez entered a guilty plea to a felony information charging him with possession of cocaine with intent to distribute. Alejandro Lopez was indicted on that same charge on June 19, 2013.
Alejandro Lopez was found guilty on Sept. 18, 2013, by a federal jury after a three-day trial. The evidence at trial established that in late Sept. 2012, a confidential informant working under the supervision of the FBI and the Las Cruces/ Doña Ana County Metro Narcotics Agency had several telephone conversations with Eddy Lopez during which the informant negotiated to facilitate the purchase of a kilogram of cocaine for $22,000 from Eddy Lopez on behalf of a buyer. On Sept. 27, 2012, law enforcement officers conducted surveillance while Alejandro Lopez and Eddy Lopez completed the drug deal by delivering a package containing 794 grams of cocaine to the informant. Both men were arrested on local charges at that time. The local charges subsequently were dismissed in favor of federal prosecution.
A sentencing hearing for Eddy Lopez has yet to be set. He faces a prison sentence of not less than five years and not more than 40 years followed by at least four years of supervised release.This case was investigated by the Las Cruces office of the FBI and the Las Cruces/Doña Ana County Metro Narcotics Agency. The case is being prosecuted by Assistant U.S. Attorneys Maria Y. Armijo and Edwin Garreth Winstead III of the U.S. Attorney’s Las Cruces Branch Office.
Louisville Felon Sentenced to Seven Years in Prison for Bank Fraud and Illegal Possession of A FirearmRead the Press Release
– Accomplices cashed more than 300 counterfeit checks totaling $192,000
– At least 47 area business affectedLOUISVILLE, Ky. – A Louisville felon was sentenced to seven years in prison by Senior Judge Joseph H. McKinley Jr., in U.S. District Court this week, for making more than 300 counterfeit checks totaling approximately $192,000 and recruiting 15 co-conspirators to pass the counterfeit checks at businesses and financial institutions in Jefferson County and the surrounding area announced David J. Hale, United States Attorney for the Western District of Kentucky.
“Fraud like this harms financial institutions, businesses, and other innocent victims whose identities are sometimes used to perpetuate the crime,” stated U.S. Attorney David J. Hale. “I am pleased that the partnerships we have forged between federal and local law enforcement have led to this prosecution and substantial sentence for these serious offenses.”
Craig Hutzell, United States Secret Service Acting Special Agent in Charge stated, “The Secret Service and its partners in the Kentucky Electronic Crimes Task Force will vigorously investigate and pursue prosecution of suspects in these cases that affect our community. We will work to recover assets in order to make victims whole and see that potential victims are protected. The successful conclusion of this case is a credit to all our partners in the law enforcement, academic, corporate, and judicial arenas.”
Phillip Walker, age 41, was sentenced Tuesday, October 14, 2014 after pleading guilty to 26 charges in two federal indictments including one count of conspiracy, 19 counts of bank fraud, and one count of possession of a firearm by a convicted felon. Walker admitted that from July 2011 through August 2013, he manufactured approximately 300 counterfeit checks totaling over $192,000. Walker recruited approximately 15 co-conspirators, to pass the checks and would split the proceeds of the checks with the co-conspirators after the checks were successfully negotiated. Walker also caused an unnamed co-defendant to open bank accounts at Your Community Bank and U.S. Bank for the purpose of negotiating counterfeit checks. During the course of the fraud, more than 47 area retail outlets were affected. Walker made the counterfeit checks using a computer and two printers, at his home located on West Kentucky Street in Louisville. In furtherance of the crime, Walker admitted to buying stolen driver’s licenses or state identification cards and would make the counterfeit check payable to that person’s name. Walker would then attempt to recruit people who looked similar to the photo of the person on the stolen driver’s license or state identification card to cash the counterfeit check.
Further, on August 16, 2013, in Jefferson County, during the execution a federal search warrant law enforcement determined that Walker knowingly possessed an American Tactical C45 pistol and eight rounds of .45 caliber ammunition, as well as numerous rounds of assorted ammunition. Walker had previously been convicted of a crime punishable by a term of imprisonment exceeding one year and consequently was prohibited from possession of a firearm. Walker had multiple previous convictions for, among other things, manufacturing and passing counterfeit checks.
This case was prosecuted by Assistant United States Attorney Bryan R. Calhoun and Special Assistant Attorney Sungtae Kang and was investigated by the Louisville Metro Police Department, the United States Secret Service, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Local Tax Preparer Pleads Guilty to Fraud ChargesRead the Press Release
St. Louis, MO – JENNIFER WALTER pled guilty to multiple charges of making false, fictitious and fraudulent claims to the U.S. Department of the Treasury in connection with the filing of false tax returns and the creating of false W-2 forms.
Walter was employed as a tax return preparer for Liberty for All Tax Service in St. Louis, Missouri. For tax years 2010 through 2012, Walter assisted clients with filing fraudulent tax returns with the Internal Revenue Service. Walter also made false claims for refunds on her taxes for the tax years 2008 through 2010. Walter created false W-2 forms in which she claimed false wages and withholdings for herself and others. The false information reported to the IRS allowed Walter to claim various tax credits for her clients, including child tax credits and the earned income credit, to which her clients otherwise would not have been entitled. Walter’s fraudulent conduct resulted in the payment of approximately $114,457 in refunds by the IRS.
"Refunds are issued to taxpayers who are entitled to them," said Sybil Smith, Special Agent in Charge of IRS-Criminal Investigation. "We will aggressively pursue those who prepare false claims for refunds for the purpose of enriching themselves and stealing from the U.S. Treasury."
Jennifer Walter, St. Louis, MO, pled guilty to five felony counts of making false claims upon a department of the United States, before United States District Judge Henry Autrey. Sentencing has been set for January 12, 2015.Each count of making false claims carries a maximum penalty of five years in prison and/or fines up to $250,000. In determining the actual sentences, a Judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
This case was investigated by IRS-Criminal Investigation, the Missouri Department of Revenue, Criminal Tax Investigation Bureau and University City Police Department. Assistant United States Attorney Dianna Collins is handling the case for the U.S. Attorney's Office.
Konn Sentenced for Child Pornography OffensesRead the Press Release
Retired State Worker’s Child Pornography Collection Included
Thousands of Images and Over 800 MoviesALBANY, NEW YORK – STEPHEN J. KONN, 64, of Clifton Park, New York, was sentenced today by the Honorable Mae A. D’Agostino to 120 months in federal prison followed by a 25- year term of supervised release, announced United States Attorney Richard S. Hartunian and Andrew W. Vale, Special Agent-in-Charge of the Albany Division of the Federal Bureau of Investigation. The sentence follows KONN’s April 30, 2014 conviction, after a three-day federal jury trial, for distribution of child pornography, receipt of child pornography, and possession of child pornography.
The evidence presented at trial showed that KONN, a retired New York State Department of Taxation and Finance employee, used a peer-to-peer file trading program to distribute child pornography to an undercover FBI agent via the Internet. A subsequent search of KONN’s Clifton Park residence uncovered a computer containing over 4,000 images and 800 videos of child pornography, and evidence that KONN had been trading child pornography over the Internet for years.
Noting that “what went on here is not victimless,” Judge D’Agostino described KONN as leading a double life, and the materials he traded as “unspeakable” and “horrific in nature.”
This prosecution resulted from an investigation conducted by the Federal Bureau of Investigation, Albany Division. The case was prosecuted by Assistant United States Attorney Wayne A. Myers.
KC Man Sentenced for Firearm, Crack Cocaine after Leading Police on 100 Mph ChaseRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., man who was arrested after leading police officers on a 100-miles-per-hour chase in Independence, Mo., was sentenced in federal court today for illegally possessing a firearm and crack cocaine.
Brad L. Akins, 27, of Kansas City, was sentenced by U.S. District Judge Dean Whipple to six years and six months in federal prison without parole.
On April 25, 2014, Akins pleaded guilty to possessing crack cocaine with the intent to distribute and to possessing a firearm in furtherance of a drug-trafficking crime.
Akins was arrested on March 30, 2013, after leading Independence police officers on a high-speed chase. An officer attempted to stop Akins’s vehicle for a speeding violation, but Akins fled, leading officers in pursuit at speeds exceeding 100 miles per hour. Akins was swerving in between cars and driving on the shoulder of the road when the pursuit was terminated as it was becoming too dangerous.
Officers exited at the Blue Ridge Cut-Off on I-70 and were signaled by several citizens, who pointed them to Akins’s vehicle in the Denny’s restaurant parking lot. The vehicle was abandoned, damaged and the air bags deployed. A witness told officers she heard a loud crash, then saw Akins get out of the vehicle and run towards the nearby Drury Inn. The witness also saw a female with several children get out of the vehicle and enter the Denny’s restaurant.
Akins, who was hiding behind a fence, was apprehended. A witness told police officers that Akins had used the public bathroom in the lobby of Drury Inn; he was in the bathroom for only about 10-15 seconds then left the hotel. Officers found a loaded Bersa Firestone .40-caliber pistol hidden in the trash can in the hotel’s bathroom. The gun, which was buried under a large amount of unused Kleenex, had been reported as stolen.
Officers observed skid marks on the concrete median of the roadway and concluded that Akins lost control of the vehicle due to excess speed, causing him to strike the median and blow out several tires. Officers found a plastic bag containing eight separate, smaller bags of crack cocaine in the front center console of Akins’s vehicle.
This case was prosecuted by Assistant U.S. Attorney Bruce E. Clark. It was investigated by the Independence, Mo., Police Department.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 today that a Joplin, Mo., man pleaded guilty in federal court today for fraudulently receiving (or applying for) 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.
Dustin Joe Showalter, 36, of Joplin, pleaded guilty before U.S. District Judge M. Douglas Harpool to the charge contained in a Feb. 25, 2014, federal indictment.
By pleading guilty today, Showalter admitted that he committed disaster fraud by making false statements to the Federal Emergency Management Agency (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.
Under federal statutes, Showalter is subject to a sentence of up to 30 years in federal prison without parole, plus a fine up to $250,000 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 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.
Harvey Man, Dominic Terell Lewis, Sentenced for Receipt of Stolen Government MoneyRead the Press Release
U.S. Attorney Kenneth Polite announced that DOMINIC TERELL LEWIS, age 32, a resident of Harvey, Louisiana, was sentenced today after having previously pled of guilty to receipt of stolen government money.
U.S. District Judge Kurt D. Engelhardt sentenced LEWIS to 5 years probation and restitution in the amount of $4,234.
According to court documents, LEWIS obtained a $4,234 Treasury check that was inadvertently delivered to his home address. LEWIS knew the check did not belong to him but had another individual forge the payee’s signature and deposit the check. LEWIS received most of the proceeds.
U.S. Attorney Polite praised the work of the U.S. Secret Service in investigating this matter. Assisstant United States Attorney Chandra Menon is in charge of the prosecution.
Harrisonburg Resident Sentenced on Human Trafficking ChargeRead the Press Release
HARRISONBURG, VIRGINIA – A citizen of Honduras who previously pled guilty to charges related to human trafficking was sentenced today in the United States District Court for the Western District of Virginia in Harrisonburg.
Elin Coello-Ordonez, 32, who pled guilty in June 2013 to one count of conspiring to recruit, entice, harbor, transport, provide, obtain and maintain a person in an interstate venture that used force, threats of force, fraud or coercion to cause a person to engage in a commercial sex act, was sentenced this morning in District Court to 10 years in federal prison. The defendant is currently serving a five-year federal prison term on an immigration charge which rose out of the same investigation. In total, Coello-Ordonez will serve 15 years in federal prison for this matter.
“Mr. Coello-Ordonez forced the young victim in this case to engage in prostitution, then physically abused her when she resisted,” United States Attorney Timothy J. Heaphy said today. “We must continue to do all we can to identify and aggressively pursue similar patterns of human trafficking, which is sadly on the rise in our communities. We must also connect the victims of these awful crimes with services and relief, as the scars of trafficking are extremely difficult to erase.”
“Sex trafficking is one of the most heinous crimes HSI investigates. It sickens me that someone can treat another human being like a mere commodity,” said Clark Settles, Special Agent in Charge of Homeland Security Investigations Washington, D.C. “Our special agents and law enforcement partners work tirelessly to eradicate sex trafficking- no one should have to endure the horrors associated with this crime.”
“The Albemarle County Police Department takes human trafficking very seriously. We are working with our federal, state and local partners to uproot human trafficking in our community. This is an example of successful multi-jurisdictional collaboration,” said Colonel Steve Sellers, Chief of Police for the Albemarle County Police Department.
According to evidence previously presented by Assistant United States Attorney Craig “Jake” Jacobsen, Coello-Ordonez travelled to Honduras in February 2010 and soon thereafter met Jane Doe #1 (the victim), a 17-year-old Honduras citizen. The two soon became boyfriend and girlfriend. The defendant promised the victim that he could get her a waitressing job in Harrisonburg, Virginia. Consequently, in August 2010, days before the victim’s eighteenth birthday, the defendant smuggled her across the border and into the United States.
Upon arrival in Harrisonburg, Virginia, it soon became clear to the victim that the defendant was involved in the operation of a prostitution ring, which consisted of brothels located in Harrisonburg and Charlottesville, Virginia. It became equally clear that there was no waitressing job for the victim. After several months, the defendant told the victim she was going to have to work as a prostitute and have sex with men to earn money. The victim refused. As a result, the defendant verbally and physically abused her. The defendant slapped, kicked and punched the victim until she agreed.
From January 2011 to July 2011, the defendant forced the victim to work as a prostitute at his brothels in Virginia, as well as brothels operated by others in Pennsylvania and Maryland. The victim was forced to have sex with as many as 30 men a day.
On July 16, 2011, the victim called 911 several times because the defendant was beating her. When the police arrived, the victim began to shake uncontrollably and told police the defendant had physically assaulted her. The victim had sustained multiple bruises and her right eye was swollen shut. The defendant was arrested and the victim placed in a shelter for Human Trafficking victims.
The investigation of the case was conducted by the Western District of Virginia’s Human Trafficking Task Force, headed by the United States Attorney’s Office for the Western District of Virginia. Agencies who assisted in the investigation include: U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Albemarle County Police Department, the United States Secret Service, the Department of State Diplomatic Security, the Hyattsville, Maryland Police Department, the Virginia Fusion Center, the Computer Crimes Division of the Virginia Attorney General’s Office, the Virginia State Police, the Harrisonburg Police Department and the University of Virginia’s Women’s Center. Assistant United States Attorney Craig “Jake” Jacobsen prosecuted the case for the United States.
Georgia Man Charged with Drug Trafficking Near Local SchoolsRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Tara Tighe, Public Affairs SpecialistWHEELING, WEST VIRGINIA – Terrence D. Brawner, a 32-year-old Georgia native, was indicted by a federal grand jury and arrested on multiple drug trafficking charges, United States Attorney William J. Ihlenfeld, II, announced today.
According to the indictment, Brawner repeatedly distributed heroin and crack cocaine within 1,000 feet of St. Michael’s Elementary School and Wheeling Central Catholic High School in Wheeling, West Virginia. Brawner is charged with three counts of distributing crack cocaine near a protected location, three counts of distributing heroin near a protected location, and one count of aiding and abetting the distribution of heroin near a protected location. He faces up to 40 years in prison and a fine of up to $2,000,000.00 for each of these seven charges.
Brawner is also charged with one count of conspiracy to possess with intent to distribute and to distribute oxycodone in and around New Martinsville, West Virginia for which he faces up to 20 years in prison and a fine of up to $1,000,000.00.
Assistant U.S. Attorney Robert McWilliams is prosecuting the case on behalf of the government. An investigation by the West Virginia State Police and the Ohio Valley Drug & Violent Crime task force led to Brawner’s indictment and arrest.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Four Assistant U.S. Attorneys from the Eastern District of California Receive Prestigious Department of Justice AwardsRead the Press Release
SACRAMENTO, Calif. — Attorney General Eric Holder presented three Justice Department employees and one former employee in the Eastern District of California with Attorney General Awards at a ceremony today in Washington DC. These annual awards, which are the highest honors bestowed by the Department, recognize Department employees and other individuals for their dedication to carrying out the Department of Justice’s mission.
“With this important event, we come together to honor some of our nation’s most distinguished, dedicated, and deserving public servants,” said Attorney General Holder. “The hard work and impressive achievements of these 278 award recipients have inspired their colleagues at every level of the U.S. Department of Justice – including me. Their leadership has been indispensable in defining the past year as one of historic accomplishment in the face of nearly unprecedented challenge.”
The Attorney General’s Award for Distinguished Service is the Justice Department’s second highest award for employee performance. The recipients of this award exemplify the highest commitment to the department’s mission. Attorney General Holder presented the Distinguished Service Award to the Eastern District Assistant United States Attorneys for their work that led to an unprecedented civil settlement with JPMorgan Chase. The settlement negotiations and the predicate fraud investigations they undertook led to what was the largest settlement with a single entity in American history - $13 billion – and the largest Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) penalty ever recovered by the department - $2 billion. The tireless efforts of the recipients advanced core missions of the department by holding wrongdoers accountable for reckless and abusive conduct that contributed to the financial crisis, as well as providing substantial compensation for federal entities supported by American taxpayers and critical assistance to neighborhoods impacted by the mortgage meltdown.
The recipients of the Attorney General’s Award for Distinguished Service include the Eastern District of California’s Assistant U.S. Attorneys David T. Shelledy, Kelli L. Taylor, and Colleen M. Kennedy and former Assistant U.S. Attorney Richard Elias.
“We are delighted that the Attorney General has recognized Assistant U.S. Attorneys David T. Shelledy, Kelli L. Taylor, and Colleen M. Kennedy and former Assistant U.S. Attorney Richard Elias for their outstanding contributions to the Department and its mission,” said Benjamin B. Wagner United States Attorney for the Eastern District of California. “These awards are deserved recognition for these skilled attorneys, whose tireless work and dedication brought about such a large settlement. Today’s awardees exemplify what it truly means to be a public servant and we are proud of their extraordinary service.”
The civil settlement with JPMorgan Chase is the largest recovery ever in a case handled by the Eastern District of California’s U.S. Attorney’s Office. The settlement resulted in part from an investigation that determined that JPMorgan sold billions of dollars of residential mortgage-backed securities (RMBS) that were backed by pools of mortgage loans that contained loans that did not comply with the loan originators’ underwriting guidelines, were secured by properties with inflated appraisals, were supported by inaccurate loan-to-value or debt-to-income ratios, or were originated in violation of federal and state laws and regulations, while misrepresenting to investors the quality of the loans in the pools and the risk of loss.
Former WV Division of Highways Supervisor Convicted in State CourtRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Tara Tighe, Public Affairs SpecialistBUCKHANNON, WEST VIRGINIA – Former West Virginia Division of Highways supervisor Barry D. Thompson, 49, of Mr. Clare, West Virginia, admitted that he lied to the State Police, United States Attorney William J. Ihlenfeld, II, announced today.
Today in the Magistrate Court of Upshur County, Thompson entered guilty pleas to two counts of providing false information to a West Virginia State Trooper. Thompson, who is presently under federal indictment for lying to a federal agent, has agreed to cooperate with federal authorities in their ongoing investigation into the WV Division of Highways Equipment Division. If Thompson fully cooperates, the U.S. Attorney’s Office will dismiss the pending federal indictment.
During the federal investigation into the Division of Highways, Thompson denied any knowledge that state employees had misused state resources to repair vehicles that were no longer owned by the state. However, Thompson admitted today that he instructed at least one state employee, at state expense and on state time, to repair a dump truck that had previously been sold at public auction. Thompson was also present when a state employee was directed to travel in his state issued vehicle, on state time, to purchase a replacement muffler for the aforementioned dump truck. The muffler did not fit and Thompson exchanged it, receiving a refund for the returned muffler. Both mufflers were sold at a discounted rate normally provided to the Division of Highways.
The case was investigated by the U.S. Attorney’s Public Corruption Unit. The Federal Bureau of Investigation, State Police, and State Commission on Special Investigations led the inquiry. Assistant U.S. Attorney John C. Parr prosecuted the case on behalf of the government.
Upshur County Magistrate Juanita Adams sentenced Thompson to one year of probation.
To report public corruption in your community, call the West Virginia Public Corruption Hotline at 855-WVA-FEDS or email [email protected].
Former Union Delegate Sentenced to 20 Months in Prison for Extortion Conspiracy Involving Christmastime Tribute PaymentsRead the Press Release
NEWARK, N.J. - A former delegate of the International Longshoremen’s Association (ILA) Local 1235 was sentenced today to 20 months in prison for conspiring to extort longshoremen on the New Jersey piers for Christmastime tribute payments, New Jersey U.S. Attorney Paul J. Fishman and Eastern District of New York U.S. Attorney Loretta E. Lynch announced.
Robert Ruiz, 55, of Watchung, New Jersey – the delegate of the union from approximately 2007 through 2010 – previously pleaded guilty before U.S. District Judge Claire C. Cecchi to one count of an indictment charging him with conspiring to extort Christmastime tributes from ILA Local 1235 members. Judge Cecchi imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:
Ruiz and two other former ILA officers – Vincent Aulisi, 82, of West Orange, New Jersey, the president of ILA Local 1235 from 2006 through 2007; and Thomas Leonardis, 57, of Glen Gardner, New Jersey, the president of the union from approximately 2008 through 2011 – admitted that they conspired to compel tribute payments from ILA union members, who made the payments based on actual and threatened force, violence and fear. The timing of the extortions typically coincided with the receipt by certain ILA members of “Container Royalty Fund” checks, a form of year-end compensation. Leonardis and Ruiz were suspended from their positions following their arrests in January 2011. Aulisi had already retired from his employment on the New Jersey piers at the time of his arrest.
Aulisi was sentenced to 18 months in prison on Oct. 8, 2014. Leonardis still awaits sentencing.
Charges are still pending against three defendants in the superseding indictment, including a racketeering conspiracy charge against Stephen Depiro, 59, of Kenilworth, New Jersey – a soldier in the Genovese organized crime family of La Cosa Nostra. Since at least 2005, Depiro has managed the Genovese family’s control over the New Jersey waterfront – including the nearly three-decades-long extortion of port workers in ILA Local 1, ILA Local 1235, and ILA Local 1478. Members of the Genovese family, including Depiro, are charged with conspiring to collect tribute payments from New Jersey port workers at Christmastime each year through their corrupt influence over union officials, including the last three presidents of Local 1235.
Two other Genovese family associates charged in the case are former union officials: Albert Cernadas, 79, of Union, New Jersey, the president of ILA Local 1235 from approximately 1981 to 2006 and former ILA executive vice president; and Nunzio LaGrasso, 63, of Florham Park, New Jersey, the former vice president of ILA Local 1478 and former ILA representative.
In addition to the prison term, Judge Cecchi sentenced Ruiz to serve two years of supervised release.
U.S. Attorneys Fishman and Lynch credited the FBI in New Jersey, under the direction of Special Agent in Charge Aaron T. Ford, and in New York, under the direction of Assistant Director in Charge George Venizelos; as well as the U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the direction of Special Agent in Charge Cheryl Garcia of the New York Regional Office, with the investigation.
The government is represented by Assistant U.S. Attorneys Anthony Mahajan of the U.S. Attorney’s Office, District of New Jersey, and Jacquelyn M. Kasulis of the U.S. Attorney’s Office, Eastern District of New York.
The charges and allegations against the remaining defendants are merely accusations and they are considered innocent unless and until proven guilty.
14-372Defense counsel: Marc Agnifilo Esq., New York
Former Union Delegate Sentenced to 20 Months in Prison for Extortion Conspiracy Involving Christmastime Tribute PaymentsRead the Press Release
NEWARK, N.J. - A former delegate of the International Longshoremen’s Association (ILA) Local 1235 was sentenced today to 20 months in prison for conspiring to extort longshoremen on the New Jersey piers for Christmastime tribute payments, New Jersey U.S. Attorney Paul J. Fishman and Eastern District of New York U.S. Attorney Loretta E. Lynch announced.
Robert Ruiz, 55, of Watchung, New Jersey – the delegate of the union from approximately 2007 through 2010 – previously pleaded guilty before U.S. District Judge Claire C. Cecchi to one count of an indictment charging him with conspiring to extort Christmastime tributes from ILA Local 1235 members. Judge Cecchi imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:
Ruiz and two other former ILA officers – Vincent Aulisi, 82, of West Orange, New Jersey, the president of ILA Local 1235 from 2006 through 2007; and Thomas Leonardis, 57, of Glen Gardner, New Jersey, the president of the union from approximately 2008 through 2011 – admitted that they conspired to compel tribute payments from ILA union members, who made the payments based on actual and threatened force, violence and fear. The timing of the extortions typically coincided with the receipt by certain ILA members of “Container Royalty Fund” checks, a form of year-end compensation. Leonardis and Ruiz were suspended from their positions following their arrests in January 2011. Aulisi had already retired from his employment on the New Jersey piers at the time of his arrest.
Aulisi was sentenced to 18 months in prison on Oct. 8, 2014. Leonardis still awaits sentencing.
Charges are still pending against three defendants in the superseding indictment, including a racketeering conspiracy charge against Stephen Depiro, 59, of Kenilworth, New Jersey – a soldier in the Genovese organized crime family of La Cosa Nostra. Since at least 2005, Depiro has managed the Genovese family’s control over the New Jersey waterfront – including the nearly three-decades-long extortion of port workers in ILA Local 1, ILA Local 1235, and ILA Local 1478. Members of the Genovese family, including Depiro, are charged with conspiring to collect tribute payments from New Jersey port workers at Christmastime each year through their corrupt influence over union officials, including the last three presidents of Local 1235.
Two other Genovese family associates charged in the case are former union officials: Albert Cernadas, 79, of Union, New Jersey, the president of ILA Local 1235 from approximately 1981 to 2006 and former ILA executive vice president; and Nunzio LaGrasso, 63, of Florham Park, New Jersey, the former vice president of ILA Local 1478 and former ILA representative.
In addition to the prison term, Judge Cecchi sentenced Ruiz to serve two years of supervised release.
U.S. Attorneys Fishman and Lynch credited the FBI in New Jersey, under the direction of Special Agent in Charge Aaron T. Ford, and in New York, under the direction of Assistant Director in Charge George Venizelos; as well as the U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the direction of Special Agent in Charge Cheryl Garcia of the New York Regional Office, with the investigation.
The government is represented by Assistant U.S. Attorneys Anthony Mahajan of the U.S. Attorney’s Office, District of New Jersey, and Jacquelyn M. Kasulis of the U.S. Attorney’s Office, Eastern District of New York.
The charges and allegations against the remaining defendants are merely accusations and they are considered innocent unless and until proven guilty.
14-CR-372
Defense counsel: Marc Agnifilo Esq., New York
Former Simi Valley Businessman Sentenced to over 7 Years in Prison for Selling Knock-Off Batteries to Navy for Use on WarshipsRead the Press Release
LOS ANGELES – The former owner of the Simi Valley-based battery distributor Powerline, Inc. was sentenced today to 87 months in prison for defrauding the government by selling more than $2.7 million in knock-off batteries to the U.S. Department of Defense.
Didier De Nier, 64, who lived in Simi Valley until he fled the U.S. over two years ago, was found guilty in April by a federal jury of five counts of wire fraud and one count of conspiracy to defraud the United States.
In addition to the prison term, United States District Judge Dolly M. Gee ordered De Nier to pay more than $2.7 million in restitution, mostly to the DoD.
“Military personnel aboard Navy vessels relied on these bogus batteries to supply back-up power in an emergency, but the fraudulent nature of the nearly 80,000 batteries sold by De Nier meant warships risked becoming dead in the water,” said Acting United States Attorney Stephanie Yonekura. “This defendant risked the safety of American military personnel, which warrants the substantial prison sentence he has received.”
The charges stem from a probe by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) and the Defense Criminal Investigative Service (DCIS). The Defense Logistics Agency and the Defense Contract Audit Agency also provided significant support to the investigation, which represents the first case prosecuted under the 2011 Defense Authorization Act.
“As this sentence makes clear, military procurement fraud is a serious crime, with repercussions that extend far beyond the financial losses to the Department of Defense and U.S. taxpayers,” said Claude Arnold, special agent in charge for HSI Los Angeles. “This defendant put the safety and readiness of our nation’s warfighters at risk merely to line his own pockets. HSI will continue to aggressively target those who willfully jeopardize our nation’s security and the welfare of those devoted to protecting it.”
Chris Hendrickson, Special Agent in Charge, DCIS, Western Field Office, stated: “America's Warfighters deserve the very best to perform their jobs, and the taxpayers expect nothing less. Fraud committed by defense contractors not only takes away precious resources necessary for the protection of our brave sailors, solders, airman and marines, it also undermines the confidence of the American public who demand
that tax dollars are used responsibly. This investigation should serve as a warning for those intent on defrauding the U.S. military and American public that the Defense Criminal Investigative Service and our law enforcement partners will pursue these crimes relentlessly.”From 2004 to 2011, Powerline, which also did business as Birdman Distribution Corp., sold more than 80,000 batteries and battery assemblies which the Navy used for emergency back-up power aboard nuclear aircraft carriers, minesweepers and ballistic submarines. The batteries were installed on numerous Naval vessels at a cost to the DOD of more than $2.6 million.
De Nier instructed his employees how to disguise the bogus nature of the batteries by affixing counterfeit labels falsely identifying them as originating from approved manufacturers – even drafting instructional guides on how to assemble the knock-offs. Powerline employees also used chemicals to remove “Made in China” markings from the counterfeit batteries and prepared doctored invoices, packing slips and other paperwork.
De Nier profited handsomely from his crimes – using proceeds to buy a yacht, pay his home mortgage, and to cover the cost of travel to the Caribbean and French Riviera.
De Nier’s ex-wife, Lisa De Nier, who served for decades as Powerline’s vice president of sales, previously pleaded guilty in this case to conspiracy to defraud the government. She faces up to 10 years in prison when she is sentenced later this year.
Shortly after federal agents searched Powerline’s offices in July 2012, De Nier fled the Los Angeles area to live aboard his yacht near the Caribbean island of St. Martin, a French territory. In October 2013, federal agents arrested De Nier, a dual French-U.S. citizen, after he had sailed his yacht to the U.S. Virgin Islands.
Those with information relating to fraud, corruption or waste in government contracting should contact the DoD Hotline at www.dodig.mil/hotline or should call (800) 424-9098.
Release No. 14-136
Former Miami-Dade County Employee Pleads Guilty to Tax EvasionRead the Press Release
A Coral Gables, Florida resident and former Miami-Dade County General Services Administration (GSA) employee pleaded guilty to a one-count information charging him with tax evasion, the Justice Department and Internal Revenue Service (IRS) announced today.
Jesus Pons pleaded guilty in the U.S. District Court for the Southern District of Florida. According to the information, Pons was a computer services manager at the GSA of Miami-Dade County responsible for managing and allocating resources to information technology projects for Miami-Dade County. According to court filings, he was also responsible for supervising and managing tasks performed by county vendors. From 2007 to 2011, Pons received money in the form of illegal kickback payments from county vendors Data Industries and Paradyne Consulting Services (Paradyne). In exchange for these illegal kickbacks, Pons approved payments from Miami-Data County to Data Industries and Paradyne for consulting work that was never done. According to the plea agreement, Pons did not report the illegal kickbacks on his tax returns. From 2007 through 2011, Pons earned income from the scheme in the amount of $1,666,998 that he did not report to the IRS, causing a tax loss of $556,254.
Pons faces up to a statutory maximum sentence of five years in prison at his sentencing on Dec. 17.
This case was investigated by IRS-Criminal Investigation. It is being prosecuted by Trial Attorneys Jeffrey McLellan and Erin Pulice of the Tax Division.
Additional information about the Tax Division and its enforcement efforts may be found on the division website.
Former Denton High School Teacher Admits Producing Child PornographyRead the Press Release
FORT WORTH, Texas — A former teacher at Denton High School appeared in federal court today and pleaded guilty to federal child pornography charges, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Gregory Bogomol, 38, of Fort Worth, appeared this morning before U.S. Magistrate Judge Jeffrey L. Cureton and pleaded guilty to an indictment charging two counts of production of child pornography. Each count carries a statutory penalty of at least 15 years in federal prison and a maximum of 30 years in federal prison, up to a $250,000 fine, and up to a lifetime of supervised release. Bogomol has been in custody since May 2014 on charges outlined in a related federal criminal complaint. He resigned from his position with the Denton Independent School District the week prior to his arrest. Sentencing is set for February 12, 2015, before U.S. District Judge Terry R. Means.
According to documents filed in the case, the investigation began when U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) was contacted by the parents of a 15-year-old male victim regarding an individual who solicited a nude photograph of the minor through a smartphone application.
Specifically, according to the factual resume, Bogomol used social media applications such as KIK, Grindr, and Pinger to initiate conversations with underage males. Bogomol posed as a minor female and sent nude images of females to entice the boys to produce sexually explicit pictures.
After Bogomol received an image from the minor male, Bogomol would make additional explicit demands. If the minor male did not comply with his demands, Bogomol would threaten to send sexually explicit pictures of the boy to the boy’s friends via social media applications.
On approximately April 20, 2014, Bogomol coerced one minor victim to send a sexually explicit image of himself. A few days later, Bogomol coerced another minor victim to send a sexually explicit image of himself.
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.”
Anyone who may have been victimized in this case is asked to contact HSI at its toll-free number: 1-866-347-2423.
Assistant U.S. Attorney A. Saleem is in charge of the prosecution.
Former Civilian Employee at McConnell AFB Pleads Guilty to Theft of Public FundsRead the Press Release
WICHITA, KAN. – A former civilian employee at McConnell Air Force Base pleaded guilty Wednesday to embezzling more than $54,000 in public funds, U.S. Attorney Barry Grissom said.
Deidra N. Sanders, 44, Wichita, Kan., pleaded guilty to one count of theft of government money. In her plea, she admitted the crime occurred between March 2013 and April 2014 while she worked as a deputy dispersing officer for the U.S. Air Force at McConnell. In her position, she had access to the Defense Finance and Accounting Service Fund. She stole a total of $54,348 from the fund.
Sentencing is set for Jan. 6. She faces a maximum penalty of five years in federal prison and a fine up to $250,000. Grissom commended the U.S. Air Force and Assistant U.S. Attorney Alan Metzger for their work on the case.
Five Defendants Indicted in Tax Refund SchemRead the Press Release
Follow @NDFLNewsTALLAHASSEEFive defendants have been charged with conspiring to commit wire fraud in connection with the filing of false income tax returns. The 21-count indictment, unsealed today, also charges substantive counts of wire fraud, theft of government funds, and aggravated identity theft. The charges were announced by Pamela C. Marsh, U.S. Attorney for the Northern District of Florida.
Dorothy Bailey, 51, and Phillip Walker, 23, of Tampa, along with Gabriela Huerta, 22, Cedric Page, 25, Darren Royal, 22, each of Tallahassee, are alleged to have conspired to fraudulently obtain tax refunds by filing false federal income tax returns. The indictment charges that between 2011 and 2014, members of the group prepared and filed fraudulent tax returns seeking more than $2.5 million in tax refunds. Members of the conspiracy created the fraudulent tax returns using taxpayer identification numbers and other personal identifying information stolen from deceased individuals and from residents of multiple Tallahassee apartment complexes. The conspirators also obtained identifying information from a Fort Bend County, Texas, website containing criminal court records.
In addition to the conspiracy charge, Bailey, Huerta, Page, Royal, and Walker are also charged with eleven substantive counts of wire fraud, based upon their electronic submission of the fraudulent returns. Bailey, Huerta, Page, Royal, and Walker are also charged with theft of government funds and aggravated identity theft based upon the unauthorized use of personal identifying information of victims as part of their scheme to commit wire fraud.
The investigation was conducted by the Internal Revenue Service and the Leon County Sheriff’s Office. The government’s case is being prosecuted by Assistant U.S. Attorney Jason Coody.
An indictment is merely an allegation by a grand jury that a defendant has committed a violation of federal criminal law and is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the Government's burden to prove guilt beyond a reasonable doubt in a court of law.
Federal Prosecutor from New Mexico Receives U.S. Attorney General AwardRead the Press Release
ALBUQUERQUE – Attorney General Eric Holder presented 278 Justice Department employees and ten other individuals, including an Assistant U.S. Attorney from the U.S. Attorney’s Office in the District of New Mexico, with Attorney General Awards at a ceremony today in Washington, D.C. These annual awards recognize Justice Department employees and other individuals for their dedication to carrying out the Department of Justice’s mission.
“With this important event, we come together to honor some of our nation’s most distinguished, dedicated, and deserving public servants,” said Attorney General Holder. “The hard work and impressive achievements of these 278 award recipients have inspired their colleagues at every level of the U.S. Department of Justice – including me. Their leadership has been indispensable in defining the past year as one of historic accomplishment in the face of nearly unprecedented challenge.”
During today’s ceremony, Supervisory Assistant U.S. Attorney Glynette R. Carson McNabb received the Attorney General’s Award for Exceptional Service in Indian Country which recognizes extraordinary efforts by Justice Department employees who demonstrate the Department’s commitment to fight crime in Indian Country. Ms. Carson McNabb was recognized for her exceptional service and outstanding contributions to public safety in Indian Country over the course of 14 years as an Assistant U.S. Attorney in the District of New Mexico. Since June 2010, Ms. McNabb has served as the supervisor for the Indian Country Crimes Section of the U.S. Attorney’s Office and Tribal Liaison for the 22 tribes in New Mexico. In presenting the award to Ms. Carson McNabb, Attorney General Holder noted that Ms. Carson McNabb’s “dedication to improving public safety and the quality of life in tribal communities not only in New Mexico but throughout the country, has substantially contributed to the Justice Department’s commitment to fight crime in Indian Country.”
“This award is not only a fitting recognition of Glynette Carson McNabb’s extraordinary contributions to tribal communities in New Mexico and throughout the country,” said U.S. Attorney Damon P. Martinez, “it is also a tribute to the countless tribal leaders, tribal, local, state and federal law enforcement officers, social service providers, and members of our Pueblos and Tribes who work with Glynette and the Assistant U.S. Attorneys in the Indian Country Crimes Section to bring justice to our Native communities. Their dedication to the communities they serve is inspiring and is making a powerful difference for our tribal communities.”
In addition to supervising ten Assistant U.S. Attorneys charged with investigating and prosecuting the full range of crime arising from New Mexico’s 22 Indian tribes, Ms. Carson McNabb has been responsible for implementing and directing three DOJ-sponsored pilot projects in the New Mexico’s Indian Country, including the Office on Violence Against Women (OVW) Tribal Special Assistant U.S. Attorney Pilot Project, which seeks to combat violence against Native American women. In addition to her work on the OVW pilot project, Ms. Carson McNabb serves as a member of the Attorney General’s Violence Against Women Federal and Tribal Prosecution Task Force.
Ms. Carson McNabb also has significantly contributed to the Justice Department’s work in Indian Country through her efforts to expand the available law enforcement resources by training tribal, state and local officers so that they may be commissioned as special law enforcement (SLE) officers by the BIA. As a member of the Criminal Justice in Indian Country Working Group, Ms. Carson McNabb assisted in the development of a training program for officers seeking to obtain SLE commissions from the BIA, has participated in numerous SLEC training programs throughout the country, and regularly serves as faculty for DOJ sponsored Indian Country training programs.
Ms. Carson McNabb is a native of Silver City, N.M. Before joining the U.S. Attorney’s Office, Ms. Carson McNabb was an Assistant District Attorney in the 13th Judicial District Attorney’s Office (Valencia County) for the State of New Mexico for four years. She is a graduate of the University of New Mexico and Texas Tech University School of Law.
Federal Inmate Charged with Attempted MurderRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that the federal grand jury sitting in Scranton, Pennsylvania, returned an indictment yesterday charging an inmate at the United States Penitentiary at Canaan, Pennsylvania, with allegedly assaulting another inmate with a dangerous weapon and with the intent to commit murder. George Lyle Cullett, Jr., age 55, formerly of California, was charged with the offense. In addition, the Grand Jury returned charges alleging that Cullett conspired with another inmate to commit the attack using sharpened weapons commonly referred to as “shanks.” United States Attorney Peter Smith noted that the victim was another inmate who survived the attack but suffered numerous stab wounds which required treatment at a local hospital.
The case was investigated by the FBI and the Special Investigation Section at USP-Canaan.
Prosecution is assigned to Assistant United States Attorney John Gurganus.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this particular case, the maximum penalty under the federal statute is thirty years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Father and Son Pharmacists Plead Guilty to Drug ChargesRead the Press Release
Michael J. Moore, United States Attorney for the Middle District of Georgia, announced that R. Wayne Murphy, age 63, and J. Kevin Murphy, age 36, father and son pharmacists from Boston, Georgia pled guilty today before the Honorable Hugh Lawson, United States District Judge in Macon, Georgia. Wayne Murphy pled guilty to introducing adulterated and misbranded drugs into interstate commerce; Kevin Murphy pled guilty to possession with intent to distribute hydrocodone.The investigation in this case revealed two criminal schemes had taken place at Boston Pharmacy in Boston, Georgia, where the Murphys were pharmacists. In the first scheme, Wayne Murphy obtained prescription drugs, such as Advair, Crestor and Plavix, in Costa Rica, smuggled them into the United States, repackaged them in Boston Pharmacy bottles with preexisting labels, and sold them to his customers for a profit.
“Wayne Murphy abused his valuable position of trust in the community,” said U.S. Attorney Michael Moore. “Although testing revealed that the prescription drugs he sold to his unsuspecting customers had the active ingredients for the same drugs manufactured in the United States, the only drugs a pharmacist should ever sell are those which have been safeguarded by our regulatory system from the moment they are manufactured until the moment they are delivered to the consumer. Greed is never a reason to put a patient at risk.”
In the second scheme at Boston Pharmacy, Kevin Murphy legally purchased large quantities of controlled substances, including hydrocodone and Xanax, from wholesale drug companies and then sold them illegally to drug dealers at a steep profit. From May through November of 2009, Kevin Murphy admitted the amount of illegal drugs attributable to him was 57,393 hydrocodone pills and 4,000 Xanax pills.
“Kevin Murphy used his pharmacy license to act as a simple drug dealer,” said U.S. Attorney Michael Moore. “My office will vigorously prosecute all drug dealers, whether they are working on a street corner or working behind a counter.”
The maximum penalty for introducing adulterated and misbranded drugs into interstate commerce is three (3) years in prison and a fine of $10,000.00, or both, followed by a term of supervised release of up to one (1) year. The maximum penalty for possession with intent to distribute hydrocodone is ten (10) years in prison and a fine of $500,000.00, or both, followed by a term of supervised release of not more than three (3) years. In addition, as part of their plea agreements, the Murphys jointly agreed to forfeit $403,496.63 in illegal proceeds.
“I applaud the U.S. Attorney’s office on its successful efforts to bring closure to the case of Wayne and Kevin Murphy,” said C. Richard Allen, Director of the Georgia Drugs and Narcotics Agency. “With these pleas, Thomas County and the surrounding areas are safer because of the loss of this major source of unlawfully distributed highly addictive prescription drugs.”
In entering their guilty pleas, the Murphys join two other individuals who pled guilty to felonies arising from the criminal conduct at Boston Pharmacy. On June 10, 2014, Arnolfo Capistran pled guilty to possession with intent to distribute Xanax for his role in Kevin Murphy’s scheme to resell controlled substances. And on May 5, 2014, Karen Dunlap, another former pharmacist at Boston Pharmacy, pled guilty to misprision of a felony.“I appreciate all of the agencies that were involved and assisted Thomas County in the prosecution of this complicated case, especially the U.S. Attorney’s Office,” said Thomas County Sheriff R. Carlton Powell. “These guilty pleas help further my office’s mission to eradicate any illegal drug trafficking in our County, and they also help keep our citizens safe in the prescription drugs they purchase.”
The case was investigated by the Drug Enforcement Administration, the Georgia Bureau of Investigation, the Georgia Drugs and Narcotics Agency, the Thomas County Narcotics and Vice Division, and the U.S. Food and Drug Administration, Office of Criminal Investigations. Assistant United States Attorney Peter Leary is handling the prosecution for the Government.Sentencing for the Murphys will be held on January 14, 2015 at the U.S. District Court in Valdosta, Georgia.
Inquiries regarding the case should be directed to Karen Moore at the United States Attorney’s Office at 478-752-3511.
FBI, U.S. Marshals Continue Search for Convicted Sex OffenderRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Tara Tighe, Public Affairs SpecialistWHEELING, WEST VIRGINIA – The Federal Bureau of Investigation and the U.S. Marshals Service are leading the continued effort to locate convicted sex offender Mustafa Bazbaz who absconded earlier this month, United States Attorney William J. Ihlenfeld, II, announced today.
Leveraging their investigative resources and following all credible leads, the FBI and U.S. Marshals are doing everything they can to locate Bazbaz, 28, of Pittsburgh, who was under electronic monitoring in Western Pennsylvania pending sentencing when he was granted permission to leave his home to attend a worship session. He failed to return, prompting the current manhunt.
Bazbaz pled guilty in August 2014 to charges that he travelled across states lines to a Hancock County, West Virginia hotel in December 2013 and engaged in sexual conduct with a 15-year old female from Jefferson County, Ohio.
Anyone with information on the whereabouts of Bazbaz is encouraged to contact Chad Simpson at the United States Marshals Service at 304-218-9286 or the FBI at 412-432-4000. Callers can remain anonymous.
Detroit Residents Plead Guilty to Defrauding IRS with Identities of Deceased IndividualsRead the Press Release
Two Detroit residents pleaded guilty to charges of wire fraud and aiding and abetting in the use of false identification, U.S. Attorney Barbara L. McQuade announced today.
United States Attorney McQuade was joined in the announcement by Acting Special Agent in Charge Jarod Koopman, IRS Criminal Investigation.
Renita Adams and McAllen Jackson Knight, both of Detroit, entered their guilty pleas before U.S. District Court Judge Avern Cohn.
According to court records, Adams and Knight participated in a scheme with others to defraud the United States by using the names and Social Security numbers of recently deceased individuals to prepare fraudulent tax returns. Hundreds of fraudulent 2010 tax returns were filed. The returns sought refunds by making false claims for the Earned Income Credit, Education Credits and the Making America Work Credit. The returns were transmitted electronically, utilizing public access internet connections from local hotels and coffee shops. Three hundred and six fraudulent returns were transmitted using an internet account registered to Adams. The refunds were directed to bank accounts that were established for the sole purpose of receiving the fraudulent refunds. Knight caused some of these bank accounts to be opened by others to receive the deposits of the false tax refunds. Adams helped distribute the proceeds of the fraudulently obtained tax refunds at the direction of her fellow participants and retained a portion of the proceeds for her own benefit.
“Due to the serious harm that is caused to anyone whose identity is stolen; identity theft is a top priority for the IRS-Criminal Investigation. We will continue to detect and investigate these types of cases in order to protect taxpayers from being victimized," said Acting Special Agent in Charge Jarod Koopman,.
A sentencing hearing for Adams and Knight will be set by the court. Wire fraud carries a maximum penalty of 20 years imprisonment and/or a fine of $250,000. Use of false identification with the intent to commit a violation of federal law carries a maximum penalty of 15 years and/or a fine of $250,000.
The investigation of this case was conducted by special agents of the Internal Revenue Service Criminal Investigation and prosecuted by Assistant U.S. Attorney Ross MacKenzie and Kenneth Vert, Trial Attorney, Department of Justice, Tax Division.Columbian Cartel Leader Admits Trafficking Narcotics Sold in the United StatesRead the Press Release
NEWARK, N.J. B A Colombian cartel leader expelled from Venezuela to face federal charges in New Jersey for his role in an international cocaine distribution conspiracy admitted today in Newark federal court to conspiring traffic the drug into the United States, U.S. Attorney Paul J. Fishman and FBI Special Agent in Charge Aaron T. Ford announced.
Colombian national Salomon Camacho Mora, 70, a/k/a “Papa Grande,” a/k/a “El Viejo,” a/k/a “Hector,” was arrested in Valencia, Venezuela, on Jan. 13, 2010, and subsequently expelled by Venezuelan authorities to the United States. Previously, Camacho, who had been designated a Consolidated Priority Organization Target (CPOT) by the Department of Justice, was a New Jersey FBI fugitive for more than eight years.
Camacho was originally indicted in September 2002 in U.S. District Court for the District of New Jersey. He entered a plea of guilty today, to a count of conspiracy contained in a superseding indictment, before U.S. District Judge William H. Walls.
According to statements made during Camacho’s guilty plea proceeding and documents filed in Newark federal court:
Camacho admitted that he and members of his drug organization purchased multi-kilogram quantities of cocaine from various cocaine processing laboratories located in Colombia, and arranged for the transportation of the cocaine loads to various shipping ports in Venezuela. Camacho and members of his drug organization then sold the cocaine shipments to other drug trafficking organizations operating in Puerto Rico, the Dominican Republic, and the United States.
He also acknowledged that others in his organization received and stored the drug shipments in Venezuela, and arranged for their maritime transportation to Puerto Rico and the United States.
The drug trafficking operation generated substantial profits for Camacho and his conspirators.
Camacho faces a statutory mandatory minimum of 10 years in prison, a statutory maximum of life in prison, and fines of up to $10 million or twice the amount of profits he gained from his illegal conduct. As part of his plea agreement, Camacho has agreed to the entry of a $1.6 million forfeiture money judgment and the forfeiture of eight Colombian properties that were the product of ill-gotten gains. Sentencing is currently scheduled for March 10, 2015.
U.S. Attorney Fishman praised special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford in Newark; IRS-Criminal Investigation, under the direction of Acting Special Agent in Charge Jonathan D. Larsen; the DEA, under the direction of Special Agent in Charge Carl J. Kotowski in Newark; and the New Jersey National Guard Anti-Narcotics Task Force for the investigation.
Fishman also thanked the U.S. Department of Justice Criminal Division's Office of International Affairs for providing assistance in this matter. Additionally, Fishman thanked the Venezuelan agencies Oficina Nacional Anti Drogas (ONA), Servicio Bolivariano de Intelligencia Nacional, (SEBIN), Servicio Administrativo de identificacion migracion y Extranjeria, (SAIME) and the Colombian law enforcement authorities for their assistance in Camacho’s arrest and deportation.
The government is represented by Assistant U.S. Attorney Adam N. Subervi of the U.S. Attorney’s Office Criminal Division in Newark.
14-371
Defense counsel: William Clay Esq., MiamiCamacho Mora Salomon Superseding Indictment
Columbia Businessman Admits to Using Client Money for His Own Illegal BenefitRead the Press Release
Baltimore, Maryland – Pedro Santiago, age 43, of Columbia, Maryland pleaded guilty today to wire fraud in connection with two fraud schemes in which he illegally used $282,000 of his clients’ money.The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation.
According to his plea, from February 2009 to January 2010, Santiago engaged in two separate fraud schemes, holding himself out in both schemes as a managing partner and business consultant for DST Services, located at 7500 Greenway Center Drive in Greenbelt, Maryland. DST Services was not registered to do business in Maryland.
In the first scheme, Santiago promised that he would obtain a business line of credit for a victim of between $550,000 and $750,000, if the victim paid Santiago $20,500. On February 12, 2009, Santiago caused to be wired $20,500 from the victim’s bank account in California into Santiago’s account in Maryland. Instead of obtaining the line of credit for the victim, Santiago spent the money on himself and others.
In the second scheme, Santiago promised victims that if they loaned him money, or invested with him, he would broker a deal involving crude oil or other commodities in which the victims would receive a return on their loan or investment. Santiago caused five victims to wire transfer or send by check a total of $261,500. Instead of using the money to broker deals involving commodities, Santiago used the money for himself or others.
Santiago faces a maximum sentence of 20 years in prison followed by three years of supervised release and a fine of $250,000. Santiago has agreed to forfeit and pay restitution of $282,000, the total loss under both schemes. U.S. District Judge J. Frederick Motz scheduled his sentencing for January 27, 2015, at 2:15 p.m.
Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Since the inception of FFETF in November 2009, the Justice Department has filed more than 12,841 financial fraud cases against nearly 18,737 defendants including nearly 3,500 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.
United States Attorney Rod J. Rosenstein commended the FBI for its work in the investigation and thanked Assistant U.S. Attorney Nicolas A. Mitchell, who is prosecuting the case.
Chester County Woman Caused Minor to Engage in Commercial Sex ActsRead the Press Release
PITTSBURGH - A resident of Chester County, Pa., pleaded guilty in federal court to a charge of sex trafficking of a child, United States Attorney David J. Hickton announced today.
Poshauntamarin Walker, 35, pleaded guilty to one count before Senior United States District Judge Mark R. Hornak.
In connection with the guilty plea, the court was advised that in and around December of 2012, to in and around March 2013, Walker knowingly recruited, enticed, harbored, transported, provided and obtained a minor, John Doe, to engage in a commercial sex acts.
Judge Hornak scheduled sentencing for Feb. 11, 2015, at 9:30 a.m. The law provides for a total mandatory minimum sentence of 10 years and a maximum sentence of life in prison, a fine of $250,000, or both. Pursuant to the defendant’s plea agreement with the government, Walker agreed to a sentence of 10 years imprisonment. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the criminal history, if any, of the defendant.
Assistant United States Attorney Jessica Lieber Smolar is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, the Allegheny County Police Department and the City of Pittsburgh Bureau of Police conducted the investigation that led to the prosecution of Walker.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Carrolltown Man Sentenced for Role in Marijuana Growing and Distribution OperationRead the Press Release
JOHNSTOWN, Pa. - A resident of Carrolltown, Pa., has been sentenced in federal court to five years of probation, the first twelve months of which must be satisfied by a condition of home confinement, and ordered to perform 500 hours of community service on his conviction of conspiracy to manufacture and possess marijuana plants, United States Attorney David J. Hickton announced today.
United States District Judge Kim R. Gibson imposed the sentence on Rodney Lowmaster, 58.
According to information presented to the court, from Sept. 30, 2010, to May 9, 2011, Rodney Lowmaster conspired to manufacture and possess with the intent to distribute 1,000 or more marijuana plants. Evidence presented to the Court at the time of Rodney Lowmaster's sentencing reflected that he conspired with George M. Lowmaster and others to grow marijuana plants with the intent to facilitate and promote George M. Lowmaster's drug distribution organization.
Assistant United States Attorney John J. Valkovci, Jr., prosecuted this case on behalf of the government.
A joint task force, headed by the Laurel Highlands Resident Agency of the Federal Bureau of Investigation, conducted the investigation that led to the prosecution of Rodney Lowmaster. Other agencies participating on the task force include the Internal Revenue Service-Criminal Investigation, Pennsylvania State Police, Pennsylvania Attorney General's Office, Cambria County District Attorney's Office, Carrolltown Police Department, Patton Police Department, Ebensburg Police Department, Portage Police Department and Paint Township Police Department.
Canton and Gulfport Awarded Doj Hiring Grants to Help Reduce Violence and Protect SchoolsRead the Press Release
Gulfport, Miss – Keith Anthony Kiel, 38, of Mobile, Alabama, and Randy Laverne Marshall, 34, of Pritchard, Alabama, were sentenced on October 14, 2014 by Chief U.S. District Judge Louis Guirola, Jr. for a series of eight bank robberies across the Southeast, announced U.S. Attorney Gregory K. Davis and FBI Special Agent in Charge Donald Alway.
Kiel was sentenced to a 67 years in federal prison and Marshall was sentenced to 142 years in federal prison. In addition to their prison sentences, Kiel was ordered to pay $205,018.50 in restitution to victims and $1,100.00 in special assessments and Marshall was ordered to pay $191,321.22 in restitution to victims and $1,700.00 in special assessments.
Kiel and Marshall were convicted of bank robberies spanning from March 2008 through May 2013 in Mississippi, Alabama and Florida. The investigation involved federal, state and local law enforcement from four federal judicial districts. Kiel was convicted on eleven separate criminal counts including bank robbery, conspiracy to commit bank robbery, brandishing a firearm during a violent felony, interstate transportation of a stolen vehicle, and witness intimidation. Marshall was convicted on seventeen counts of bank robbery, conspiracy to commit bank robbery, brandishing a firearm during a violent felony, and interstate transportation of a stolen vehicle.
Three of the robberies occurred from March – June 2008 with the other five robberies occurring from December 2012 through May 2013. Most of an approximately four-year gap in the robberies coincided with a period from July 2008 to May 2012 when defendant Randy Marshall was in continuous custody for another conviction.
A chronological list of the eight bank robberies in Mississippi, Alabama, and Florida is as follows:
Regions Bank, Bienville Boulevard, Ocean Springs, MS (3/4/08)
First Federal Savings and Loan, U.S. Highway 90, Gautier, MS (5/13/08)
Regions Bank, Eisenhower Drive, Biloxi, MS (6/19/08)
Merchants & Marine Bank, Mississippi Highway 613, Moss Point, MS (12/13/12)
Wells Fargo Bank, Mobile Highway, Pensacola, FL (1/28/13)
Hancock Bank, Cowan Road, Gulfport, MS (3/20/13)
Bancorp South, Fort Dale Road, Greenville, AL (5/2/13)
Hancock Bank, Main Street, Moss Point, MS (5/17/13)
Marshall was arrested on May 19, 2013, on a state warrant just days after the Hancock Bank robbery in Moss Point, and Kiel was arrested on a federal warrant in September 2013.
Two other co-defendants in the case, Lamarcus Moore and Reginald Robinson of Saraland, Alabama, have been sentenced after pleading guilty to related charges. Moore pled guilty to one count of bank robbery and one count of conspiracy to commit bank robbery, and Robinson pled guilty to conspiracy to commit bank robbery.
This case was investigated by the Federal Bureau of Investigation with substantial assistance from the FBI Safe Streets Task Force, FBI Laboratory in Quantico, Virginia, and the FBI Cellular Analysis Survey Team. Also assisting in the case were multiple federal, state and local law enforcement agencies with substantial assistance from the Mississippi and Alabama State Crime Labs. The case was prosecuted by Assistant U.S. Attorney Stan Harris and Assistant U.S. Attorney Jay Golden.Camden Drug Trafficking Organization Charged with Selling Heroin, Methamphetamine and Assault WeaponsRead the Press Release
Multiple Arrests Made Following Multi-Agency Investigation
CAMDEN, N.J. - Four members of a drug trafficking organization allegedly responsible for distributing heroin and crystal methamphetamine in the Camden area were arrested today by federal, state and local law enforcement officers, U.S. Attorney Paul J. Fishman announced.
Arrested this morning were the alleged leader of the conspiracy, Wendell Fleetwood, a/k/a “Dell,” 28, of Camden and Sicklerville, N.J, and three other members of the conspiracy: Wendell Bethea, a/k/a “Rell,” a/k/a “Ruger;” 25, of Camden and Maple Shade, N.J.; and Julio Alvarado, 25, and Erica Fleetwood, 24, both of Camden. A fifth federal defendant, Brandon Jones, 25, of Camden, remains at large. The charges are the result of an investigation by the Camden County Crime Collaboration (C-4).
Each defendant was charged in a federal criminal complaint unsealed today with one count of conspiracy to distribute 100 grams or more of heroin and 50 grams or more of methamphetamine. The defendants are also charged in separate counts in connection with distribution of heroin and/or methamphetamine to an undercover officer. Wendell Fleetwood and Bethea are additionally charged with possessing methamphetamine with intent to distribute. Bethea faces three counts in connection with selling three high-capacity assault weapons to an undercover officer, as well as a handgun that had been used in a recent homicide. The defendants are scheduled to make their initial court appearances this afternoon before U.S. Magistrate Judge Karen M. Williams in Camden federal court.
“Because of C-4 – our collaborative partnership with state and local law enforcement -- as well as the more robust Camden County PD and its community policing orientation, and other efforts, Camden is becoming safer every day,” U.S. Attorney Fishman said. “We are grateful that all of our law enforcement partners share our vision and commitment to make Camden the safe city its residents deserve.”
“While the success of this operation hinged on the teamwork of many agencies, it was the bravery, selflessness and dedication of the law enforcement officers involved that made these significant arrests possible,” Camden County Prosecutor Mary Eva Colalillo said.
According to the complaint:From November 2013 through October 2014, the defendants engaged in a conspiracy to distribute illegal drugs – primarily heroin – in and around Camden. Through the authorized interception of cell phone calls and texts, the use of various surveillance methods, controlled undercover purchases and other means, law enforcement learned that Wendell Fleetwood was the leader of the drug trafficking organization (the “Wendell Fleetwood DTO”). He supplied wholesale quantities of heroin to Bethea and Alvarado, who either resold it to other distributors or repackaged it into smaller quantities for sale to customers.
In intercepted calls, Bethea, Jones and Alvarado and their associates discussed and directed the purchasing, processing, packaging, storing and distributing of heroin, as well as its quality and the pricing and collection of the proceeds from its sale. In addition to replacing their cellular phones after only a couple weeks of use and speaking in code to avoid detection by law enforcement, the Wendell Fleetwood DTO allegedly used Erica Fleetwood to relay drug-related messages from her brother, Wendell, to Bethea and Jones. Jones, Alvarado and Erica Fleetwood also conducted counter surveillance for the DTO. The Wendell Fleetwood DTO also replaced their vehicles frequently to avoid detection, renting cars or obtaining vehicles which were stolen or fraudulently obtained.
“Camden’s drug gangs victimize the city in so many ways – through the poison they sling, and the violence tied to the trade,” Edward J. Hanko, FBI Special Agent in Charge, said. “The FBI’s South Jersey Violent Offender and Gang Task Force, alongside our law enforcement partners, is committed to dismantling these despicable drug trafficking organizations.”
“Heroin abuse has been a major issue facing New Jersey,” Carl J. Kotowski, Special Agent in Charge of the Drug Enforcement Administration’s New Jersey Division, said. “The arrest of these individuals highlights the fact that members of DEA will continue to do its part to remove those responsible for putting those drugs on the street.”
The conspiracy count with which each defendant is charged carries a minimum potential penalty of 10 years in prison, a maximum of life in prison and a $10 million fine. The firearms charges faced by Bethea each carry a maximum penalty of 10 years in prison and a $250,000 fine.
“The dismantling of this sophisticated criminal network wouldn’t have been possible without the dedication and cooperation of all the law enforcement partners who worked long and hard to identify these suspects and ensure their arrest,” Camden Police Chief J. Scott Thomson said. “The removal of these individuals from the community this morning will have an immediate positive impact on public safety in Camden as the supply of illegal drugs and guns on Camden’s streets has just been reduced.”
“The success of this collaboration proves the value of sharing intelligence with others in law enforcement,” Col. Rick Fuentes, Superintendent of the N.J. State Police, said. “Multiple agencies were targeting different individuals who turned out to be working together to push drugs into the South Jersey region. This was a well-organized group who went to great lengths to avoid detection, such as speaking in code and frequently changing cell phones.”U.S. Attorney Fishman credited special agents of the FBI, Cherry Hill Resident Agency’s South Jersey Violent Offender and Gang Task Force, under the direction of Special Agent in Charge Hanko; special agents of the DEA, Maple Shade Resident Office’s High Intensity Drug Trafficking Area Group, under the direction of Special Agent in Charge Kotowski; investigators of the N.J. State Police’s Violent and Organized Crime Bureau, Trafficking South Unit, under the direction of Superintendent Fuentes; investigators with the Camden County Prosecutor’s Office, under the direction of Prosecutor Colalillo; detectives of the Camden County Police Department – Metro, under the direction of Chief J. Scott Thomson, with the investigation leading to today’s charges. He also thanked the U.S. Postal Inspection Service, under the direction of Inspector in Charge David W. Bosch; and the Camden County Sheriff’s Office, under the direction of Charles H. Billingham, for their roles in the case. He also thanked U.S. Immigration and Customs Enforcement – Homeland Security Investigations; the N.J. Office of Attorney General, Division of Criminal Justice; the Delaware River Port Authority, the Burlington County Prosecutor’s Office, the Gloucester City Police Department and the Cherry Hill Police Department for their roles in the investigation.
The government is represented by Deputy U.S. Attorney Nelson S.T. Thayer Jr. and Special Assistant U.S. Attorney Michael Angermeier of the U.S. Attorney’s Office Criminal Division in Camden.
The charges and allegations contained in the complaint are merely accusations and the defendants are presumed innocent unless and until proven guilty.
This case was developed through the work of the Camden County Crime Collaboration. Every federal, state and local law enforcement agency and prosecutor’s office responsible for combating drug trafficking, gang activity and violent crime in Camden has come together in one location to share intelligence, develop strategies and support the investigative and prosecutorial efforts of its partners. C-4 has merged the individual missions of the various law enforcement agencies into a single strategic attack on drug trafficking and drug-related violent crime. This coordination greatly enhances the law enforcement community’s ability to identify and prosecute Camden’s most dangerous criminals.
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Fleetwood DTO Global Complaint Affidavit
Fleetwood, Wendell Complaint
Bethea, Wendell Complaint
Alvarado, Julio Complaint
Fleetwood, Erica ComplaintCambria County Man Pleads Guilty to Violating Narcotics and Firearms LawsRead the Press Release
JOHNSTOWN, Pa. – A resident of Johnstown, Pa., pleaded guilty in federal court to charges of violating federal narcotics and firearms laws, United States Attorney David J. Hickton announced today.
Eugene Albert Harris, Jr., 38, pleaded guilty to two counts before United States District Judge Kim R. Gibson.
In connection with the guilty plea, on May 31, 2013, Harris distributed less than 100 grams of heroin, and he was found in possession of a NOR, Model SKS, 7.62 x 39 caliber rifle, and a Jennings Bryco Arms, Model 59, 9 mm caliber pistol. On Apr. 25, 2003, Harris was convicted in Indiana Co., Pa., of drug trafficking, which is a crime punishable by imprisonment for a term exceeding one year. Federal law prohibits persons who have been convicted of a crime punishable by a term of imprisonment exceeding one year from possessing firearms.
Judge Gibson scheduled sentencing for April 2, 2015, at 11 a.m. The law provides for a maximum total sentence of 30 years in prison, a fine of $1,250,000, 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 of the defendant.
Assistant United States Attorney Stephanie L. Haines is prosecuting this case on behalf of the government.
The Laurel Highlands Resident Agency of the Federal Bureau of Investigation and the Cambria County Drug Task Force conducted the investigation that led to the prosecution of Harris.
According to Mr. Hickton, Harris is being prosecuted as part of Project Safe Neighborhoods, a collaborative effort by federal, state and local law enforcement agencies, prosecutors and communities to prevent, deter and prosecute gun crime.
Buffalo Man Sentenced for Distributing Crack CocaineRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Isaiah Washington, of Buffalo, NY, who was convicted of distribution of crack cocaine, was sentenced to 46 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Frank T. Pimintel, who handled the case, stated that the defendant was arrested along with Mashi Phillips and Rayshawn Minter in March 2013. The defendants distributed quantities of cocaine in parts of Buffalo including French Street and Box and Glenwood Avenues. Between November 2012 and March 2013, the defendants each sold cocaine or crack cocaine.
Rayshawn Minter was sentenced to 100 months in prison in August 2014. Mashi Phillips will be sentenced on February 2, 2015.
The sentencing is result of an investigation by Special Agents of the Drug Enforcement Administration, under the direction of Acting Special Agent in Charge James J. Hunt, New York Field Division, the Federal Bureau of Investigation, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.Buffalo Man Sentenced for Bank FraudRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Avery Gill, 56, of Buffalo, N.Y., who was convicted of bank fraud, was sentenced to time served and four years probation by U.S. District Court Judge Richard J. Arcara. The defendant was also ordered to pay restitution totaling $28,512.78.
Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that between September 2012 and March 2013, Gill and co-defendants Calvina Myles and David Johnson devised a scheme to defraud Capital One Bank. The defendants used the names and personal identification information of two individuals to apply for two Capital One credit cards in those names. The defendants then purchased merchandise and gift cards from retail stores using the credit cards. Gill also made ATM withdrawals using the credit card. As a result of this conduct, Capital One suffered a loss of $29,454.
Calvina Miles, who was also convicted of bank fraud, and David Johnson, who was convicted of aggravated identity theft, are awaiting sentencing.
The sentencing is the culmination of an investigation on the part of the U.S. Postal Inspection Service, Boston Division currently under the direction of Inspector in Charge, Shelly A. Binkowski.Bergen County, N.J., Man Sentenced to 63 Months in Prison for Receiving Images of Child Sexual Abuse over the InternetRead the Press Release
TRENTON, N.J. - A Bergen County, New Jersey, man was sentenced today to 63 months in prison for downloading images and videos depicting child sexual abuse on a computer at his parents’ house, U.S. Attorney Paul J. Fishman announced.
Joshua Babilonia, 24, Fair Lawn, New Jersey previously pleaded guilty before U.S. District Judge Joel A. Pisano to an information charging him with one count of receiving images of child sex abuse over the Internet. Judge Pisano imposed the sentence today in Trenton federal court.
According to documents filed in this case and statements made in court:
Special agents of the U.S. Department of Immigration and Customs Enforcement, Homeland Security Investigations (ICE HSI) executed a search warrant on Sept. 13, 2012, at the residence of Babilonia’s parents. Agents seized digital evidence that contained more than 600 images and a large number of videos depicting child sexual abuse, including material that involved prepubescent minors and portrayed sadistic or masochistic conduct. The evidence seized included three files previously downloaded from Babilonia by law enforcement agents working in an undercover capacity on a peer-to-peer network.
During his plea hearing, Babilonia admitted he was a member of the online network between January 2011 and September 2012 and searched for and downloaded images of child sexual abuse. He also admitted that his files were viewable and downloadable by others on the network.
In addition to the prison term, Judge Pisano sentenced Babilonia to five years of supervised release and ordered him to pay restitution of $6,000. He is also required to register as a sex offender.
U.S. Attorney Fishman credited special agents of ICE HSI, under the direction of Special Agent in Charge Andrew M. McLees in Newark, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Danielle M. Corcione of the U.S. Attorney=s Office General Crimes Unit in Newark.
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Defense counsel: Adolph Galluccio Esq., Totowa, N.J.Bay Area Woman Sentenced to Twenty-Seven Months Imprisonment for Credit Card Fraud and Identity TheftRead the Press Release
SAN FRANCISCO – Jasmine M. Mitchell was sentenced today to 27 months in prison for credit card fraud and identity theft, announced United States Attorney Melinda Haag and United States Secret Service Special Agent in Charge Andrew C. Adelmann.
Mitchell pleaded guilty on Aug. 13, 2014, to one count of access device (credit card) fraud and one count of aggravated identity theft. According to the plea agreement, Mitchell admitted to using counterfeit credit cards in the name of another individual to obtain cash advances at the Graton Resort and Casino on Feb. 23, 2014. When Mitchell was arrested by Sonoma County Sheriff’s Deputies that day, she was found with numerous other counterfeit credit cards in the names of other individuals.
Mitchell, 34, who has lived throughout the Bay Area, was indicted by a federal grand jury on May 1, 2014. She was charged with fraudulent use of unauthorized access devices, in violation of 18 U.S.C. § 1029(a)(2), and aggravated identity theft, in violation of 18 U.S.C. § 1028A(a)(1).
The sentence was handed down by the Honorable Edward M. Chen, United States District Court Judge, following a guilty plea on one count of access device fraud in violation of 18 U.S.C. § 1029(a)(2), and one count of aggravated identity theft in violation of 18 U.S.C. § 1028A(a)(1). Judge Chen also sentenced the defendant to a three-year period of supervised release. Mitchell was also ordered to pay restitution to Citibank and CIBC. The defendant has been in federal custody since May 2014, when she was arrested by Sonoma County Sheriff’s Detectives outside of a hotel in Tiburon, Calif.
Kyle F. Waldinger is the Assistant U.S. Attorney who is prosecuting the case with the assistance of Rawaty Yim. The prosecution is the result of an investigation by the U.S. Secret Service and the Sonoma County Sheriff’s Office.
(Mitchell indictment )
Attorney General Holder Recognizes Department Employees and Others for Their Service at Annual Awards CeremonyRead the Press Release
Attorney General Eric Holder recognizes 278 department employees for their distinguished public service today at the 62nd Annual Attorney General’s Awards Ceremony. Ten other individuals outside of the department are also honored for their work. Held at DAR Constitution Hall, this annual ceremony recognizes both department employees and others for their outstanding dedication to carrying out the Department of Justice’s missions.
“With this important event, we come together to honor some of our nation’s most distinguished, dedicated, and deserving public servants,” said Attorney General Holder. “The hard work and impressive achievements of these 278 award recipients have inspired their colleagues at every level of the U.S. Department of Justice – including me. Their leadership has been indispensable in defining the past year as one of historic accomplishment in the face of nearly unprecedented challenge.”
Attorney General Holder and Deputy Attorney General James M. Cole present the Attorney General’s Award for Exceptional Service – the department’s highest award for employee performance – to the team responsible for outstanding achievement in U.S. v. Windsor implementation.
The task of the Windsor Implementation Team was to make real the promise of the U.S. v. Windsor decision striking down Section 3 of the Defense of Marriage Act. As the U.S. Supreme Court noted, the purpose and effect of Section 3 was to discriminate against same-sex couples in the more than 1,000 federal laws in which marital status is a relevant consideration. Bringing to bear expertise from across the department, the Windsor team coordinated with agencies across the government to identify these laws, as well as other federal rules and policies affected by Section 3, and issue new policies and guidance to expunge the discrimination Section 3 had required. In doing so, the team ensured that committed and loving couples throughout the country, and their families, would receive equal treatment by the government regardless of their sexual orientation.
The recipients of the Attorney General’s Award for Exceptional Service include, from the Civil Division, Chief of Staff and Counselor to the Assistant Attorney General Jonathan F. Olin; Senior Counsel to the Assistant Attorney General Natalia T. Sorgente; Counsels to the Assistant Attorney General James A. Cadogan, James C. Cox, Helen L. Gilbert and Joshua I. Wilkenfeld; Special Assistant for Policy in the Office of the Assistant Attorney General Kerry A. Bollerman; Federal Programs Branch Assistant Branch Director Arthur R. Goldberg; Federal Programs Branch Trial Attorneys Jennie L. Kneedler, Jean Lin and Eric R. Womack; and Appellate Staff Attorneys Adam C. Jed, Jeffrey E. Sandberg and Abby C. Wright; from the Civil Rights Division, Deputy Assistant Attorney General Pamela Karlan; Office of the Assistant Attorney General Acting Chief of Staff and Senior Counselor Emily M. Loeb; Policy and Strategy Section Legislative and Policy Counsel Varda Hussain; and Appellate Section Trial Attorney Holly A. Thomas; from the Executive Office for U.S. Attorneys, Office of Legal and Victim Programs Attorney-Advisor Jason F. Cunningham; from the Office of the Attorney General, Deputy Chief of Staff and Counselor to the Attorney General Jenny R. Mosier; from the Office of the Deputy Attorney General, Associate Deputy Attorney General Robin E. Jacobsohn and Counsel to the Deputy Attorney General Geoffrey A. Starks; from the Office of the Associate Attorney General, Counsel to the Associate Attorney General Stacey K. Grigsby; from the Office of Legal Counsel, Office of the Assistant Attorney General, Deputy Assistant Attorneys General Benjamin C. Mizer and Leondra Kruger; from the Office of Legal Policy, Chief of Staff Steven Siger; from the Office of Justice Programs, Office of the Assistant Attorney General Senior Adviser Theron P. Pride Jr.; from the Office of the Solicitor General, Assistant to the Solicitor General Eric J. Feigin; and from the Tax Division, Appellate Section Attorney Ivan C. Dale.
The Attorney General’s Award for Exceptional Heroism is given to recognize an extraordinary act of courage and voluntary risk of life during the performance of official duties. This year’s award is presented for courageous acts during the rescue of a young hostage.
On Jan. 29, 2013, Jimmy Lee Dykes boarded a school bus in rural Midland City, Alabama, killed the driver, and took five-year-old Ethan Gilman hostage in a fortified underground bunker. Armed with multiple weapons and improvised explosive devices (IED), Dykes grew increasingly unstable over the six-day standoff, leading to an assessment that the kidnapped child would ultimately die unless a rescue was attempted. On Feb. 4, 2013, at grave personal risk and without regard for their own safety, five members of the FBI Hostage Rescue Team made entry into the bunker, which Dyke’s had previously indicated was a “funnel of death.” The initial breach was violent, but successfully cleared the bunker hatch for the five-man entry team. The team immediately encountered additional obstacles placed lower in the opening by Dykes. As the entry slowed, Dykes retrieved his handgun and engaged the team from less than five feet away while in a position of cover, and with Ethan as a shield. During the initial assault, Dykes detonated an external IED, and was believed to be in the process of attempting to detonate a second IED inside the bunker. At grave personal risk and without regard for their own safety, the members of the team moved from a position of cover, exposing themselves to gunfire, in order to clear the obstruction for entry. Without hesitation, the team entered into the darkened, smoke-filled hole. Once inside, they swiftly sorted through a confused situation, identified Ethan and immediately evacuated him from the bunker and the remaining IED threat. The exceptional courage and extraordinary decisiveness of the recipients ultimately prevailed, resulting in the death of Dykes and the rescue of Ethan unharmed.
The recipients of the Attorney General’s Award for Exceptional Heroism include, from the FBI’s Salt Lake City Field Office, Supervisory Special Agents Christopher K. Curren, Neil Whitfield Darnell, William T. Francis Jr., Ryan J. Short and Kyle R. Vowinkel; Critical Incident Response Group Special Agents Brocklyn D. Bahe, Christopher S. Baylor, Benjamin M. Binger, Christian Galeski, J. Michael Montoya, Kevin P. Murray, Matthew Nagle and Stanley M. Wadas; and Special Agent Rodney O. Draper.
The Edward H. Levi Award for Outstanding Professionalism and Exemplary Integrity is presented to pay tribute to the memory and achievements of former Attorney General Edward H. Levi, whose career as an attorney, law professor, dean and public servant exemplified these qualities in the best traditions of the department. This year’s award is presented to Deputy Assistant Attorney General and Counselor for International Affairs in the Criminal Division’s Office of the Assistant Attorney General Bruce C. Swartz for exemplary service to the Criminal Division and the department.
Mr. Swartz is a person of utmost integrity, who has demonstrated his exceptional strength of character and expertise in over 12 years as Deputy Assistant Attorney General in the Criminal Division and, more recently, as the department’s Counselor for International Affairs. He supervises three Criminal Division offices, each of which plays a critical role in international law enforcement. In addition to guiding these offices as they navigate some of the most sensitive international legal issues that the department handles, Mr. Swartz provides essential advice to the Attorney General, the Deputy Attorney General and other department leaders concerning the intersection of U.S. and international interests in areas of criminal law enforcement, national security and intelligence matters. He is the consummate professional and an exemplary public servant.
The Mary C. Lawton Lifetime Service Award recognizes employees who have served at least 20 years in the department and have demonstrated high standards of excellence and dedication throughout their careers. This award is presented only in exceptional circumstances to those individuals of special merit and is not awarded to express general appreciation for tenure alone. One Mary C. Lawton Award is presented this year.
This year’s award is presented to T. Christian Herren Jr.¸ Chief of the Civil Rights Division’s Voting Section for exceptional contributions and leadership to the Civil Rights Division and the department.
Mr. Herren’s oversight and direction have guided the heavy and highly complex litigation, appellate and administrative review docket carried by the Civil Rights Division Voting Section, while managing resources wisely and efficiently, and raising the productivity and professionalism standards of staff. Throughout his 20 years of service to the Voting Section, Mr. Herren has significantly contributed to the development of the jurisprudence of voting rights law through his appellate work on matters before the U.S. Supreme Court or the courts of appeal, or his trial work in the district courts throughout the nation. His institutional knowledge of the section’s work and voting law in general, coupled with a critical review of existing practices and a willingness to innovate and strategize, has enabled him to maximize the Voting Section’s enforcement efforts. He is highly respected within the division, the department, and by elections officials and civil rights practitioners nationwide. Mr. Herren’s lifetime of dedication to the Voting Section exemplifies his strong commitment to not only voting rights, but to civil rights in general and overall public service.
The William French Smith Award for Outstanding Contributions to Cooperative Law Enforcement is an honorary award granted to recognize state and local law enforcement officials who have made significant contributions to cooperative law enforcement endeavors. This year’s award is presented to the Broward County, Florida, Sheriff’s Office Task Force Officer William Schwartz.
Prescription drug abuse is a serious problem throughout the nation. Detective Schwartz has been a true crusader in our country’s battle against prescription drug abuse and has led the Drug Enforcement Administration’s (DEA) Miami Field Division’s (MFD) Tactical Diversion Squad (TDS) program with an end result that has made a substantial impact on the illegal distribution of pharmaceuticals throughout the state of Florida. Through his outstanding investigative work on high impact pharmaceutical investigations, he has been instrumental in the success of the DEA MFD TDS goals and objectives. Detective Schwartz has educated hundreds of federal and state attorneys and law enforcement officers to investigate and successfully prosecute those responsible for the illegal diversion of pharmaceutical drugs. His outstanding accomplishments have significantly contributed to preventing the illegal diversion of pharmaceutical drugs and reducing prescription drug abuse which is vital to the health and welfare of the American people.
The Attorney General’s Award for Meritorious Public Service is the top public service award granted by the department, and is designed to recognize the most significant contributions of citizens and organizations that have assisted the Department of Justice in the accomplishment of its mission and objectives. This year’s award is presented to Helen Miner, a volunteer with the Federal Bureau of Prisons at the Federal Correctional Institution in El Reno, Oklahoma, for her outstanding dedication to FCI El Reno and the inmate population. Ms. Miner is honored for her outstanding dedication to the rehabilitation and improvement of the incarcerated as they prepare to reenter back into society. Her dedication as a volunteer at FCI El Reno for 44 years has greatly infused the incarcerated men at FCI El Reno by giving inmates hope and skills that will extend beyond their incarceration. Ms. Miner demonstrates confidence and respect, while promoting self-confidence, self-improvement and self-worth within the inmate population. Her commitment and contributions to FCI El Reno have been invaluable.
The Attorney General’s Award for Distinguished Service is the Justice Department’s second highest award for employee performance. The recipients of this award exemplify the highest commitment to the department’s mission. Ten Distinguished Service Awards were presented this year to individuals or teams of people.
The first Distinguished Service Award is presented to members of the investigative and litigation team responsible for exemplary performance in the prosecution of conspiracies in the automobile parts industry. This team, honored for its leadership, dedication and tireless investigation of global anticompetitive cartels, is responsible for the historic prosecution of over a dozen price-fixing, bid-rigging and market-allocation conspiracies in the automobile parts industry. This four-year investigation was unprecedented in both its scope and the volume of commerce affected by the illegal conduct. Due to the team’s efforts, 26 companies have agreed to pay fines totaling $2.3 billion and 20 individuals have been sentenced to serve jail sentences. The conspiracies uncovered by the investigation affected more than 25 million cars purchased by American consumers and over $5 billion in automotive parts sold to U.S. car manufacturers and automobile plants in 14 states. As a result of the extraordinary efforts of the team, competition was restored to the auto parts industry, and the companies and individuals responsible were held accountable for their illegal conduct.
Award recipients include, from the Antitrust Division, Chief Lisa M. Phelan; Assistant Chief Kathryn M. Hellings; Trial Attorneys Shane Cralle, Paul Gallagher, Kenneth W. Gaul, Mark C. Grundvig, Jason Jones and Eric Meiring; Washington Criminal I Section Secretary Priscilla Scruggs; Paralegal Unit Paralegal Specialist Meghan Ballard; and Office of Operations Trial Attorney Portia Brown; from the FBI’s Washington Field Office, Special Agents Kristina Honeycutt and Faustine M. Smith-Neil; and from the FBI’s Detroit Field Office, Special Agent Douglas R. Wood Jr.
The second Distinguished Service Award is presented for distinguished service by the team that engaged in groundbreaking work to address constitutional violations in the operation of the juvenile court in Shelby County, Tennessee. For the first time since the law was enacted almost 20 years ago, the Violent Crime Control and Law Enforcement Act was used to investigate a juvenile court. The investigation uncovered that children were not: provided timely and adequate notice of the charges against them; protected against self-incrimination; provided timely probable cause hearings; provided meaningful assistance of counsel; and provided adequate protections before being transferred to adult court. The investigation also revealed that black children received disproportionately harsh treatment in the different stages of the delinquency process. The team negotiated a landmark settlement that is being implemented and promises to transform the juvenile court in Shelby County into a model for the nation. In the short time since the settlement was entered, Shelby County has already funded and inaugurated a juvenile public defender system. In that same time, the rate of admissions to pre-trial detention has drastically dropped, and initial data suggests that black children are already being treated more fairly at all stages of the delinquency process.
Award recipients include, from the Civil Rights Division’s Special Litigation Section, Deputy Chief Judith C. Preston, Special Litigation Counsel Winsome G. Gayle and Trial Attorney Anika N. Gzifa.
The third Distinguished Service Award is presented for groundbreaking and highly successful work as part of the investigation into manipulation of the London InterBank Offered Rate (LIBOR), a leading benchmark interest rate that is tied to student loans, mortgages and financial instruments used around the world, as well as other leading benchmark interest rates, including the Euro Interbank Offered Rate (Euribor). Between June 2012 and October 2013, members of the LIBOR team resolved cases with four of the world’s largest financial institutions: Barclays Bank PLC (Barclays), UBS AG (UBS), The Royal Bank of Scotland PLC (RBS), and Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A. (Rabobank). At all four institutions, certain derivatives traders requested that certain rate submitters submit LIBOR and/or Euribor contributions that would benefit the traders’ positions, rather than rates that complied with the definitions of LIBOR and Euribor. In addition, at Barclays and UBS, management directed that LIBOR submissions be lowered in order to reduce the reputational risk associated with proper, higher LIBOR submissions. To date, the criminal penalties assessed by the department and resulting from the LIBOR team’s actions exceed $1.1 billion.
Award recipients include, from the Criminal Division’s Fraud Section, Acting Deputy Chief of Staff and Counselor to the Assistant Attorney General for the Criminal Division Rebecca A. Rohr; Acting Fraud Section Chief William J. Stellmach; Deputy Fraud Section Chiefs Daniel Braun and Patrick F. Stokes; Assistant Fraud Section Chief Sandra Moser; and Trial Attorneys Alexander H. Berlin and Gary Winters; from the Antitrust Division, Assistant Chief Elizabeth B. Prewitt; Trial Attorneys Ludovic C. Ghesquiere, Richard A. Powers and Daniel M. Tracer; New York Office Legal Administrative Officer Caitlin E. Morrison; Chicago Office Trial Attorney Eric L. Schleef; and Litigation I Section Trial Attorney Michael T. Koenig; from the FBI’s Washington Field Office, Special Agents Patrick M. Boone, Michael P. Kelly, Michael J. McGillicuddy, Kendra S. McLamb and Jeffrey Weeks; and Forensic Accountant Kyle D. Dornbos.
The fourth Distinguished Service Award is presented to the team whose outstanding contribution led to the successful arrest and prosecution of James “Whitey” Bulger and his longtime girlfriend, Catherine E. Greig. Bulger, one of the country’s most notorious criminals, had eluded capture for his crimes for over 16 years, helped in no small part by Greig. In June 2011, federal law enforcement officials developed a public campaign that focused on Greig rather than Bulger. The campaign worked, and Bulger and Greig were located in a Santa Monica, California, apartment along with over $800,000 in cash and 30 firearms. Bulger and Greig were then successfully prosecuted, and Greig received one of the highest sentences for harboring a fugitive ever imposed in the United States. After a 10-week trial, Bulger was convicted of multiple offenses and in November 2013, he was sentenced to serve consecutive life terms in prison. Bulger’s trial was a monumental undertaking, involving evidence spanning more than 20 years of criminal conduct, including 19 charged murders. Over the course of the 10-week trial, the government called almost 70 witnesses, many of whom were hostile, advanced in age and murderers themselves. Following trial, the team also resolved several difficult and novel victim-related forfeiture issues.
Award recipients include, from the U.S. Attorney’s Office for the District of Massachusetts, Assistant U.S. Attorneys Zachary R. Hafer, Mary B. Murrane and Fred M. Wyshak Jr.; and Paralegal Specialist Theresa M. Fahey; from the DEA’s New England Division, Supervisory Special Agent Daniel M. Doherty; from the FBI’s Boston Field Office, Supervisory Special Agent Richard E. Teahan; Special Agents Michael J. Carazza and Gregory J. Comcowich; and Public Affairs Specialist Katherine A. Gulotta; from the FBI’s Los Angeles Field Office, Special Agent Scott F. Garriola; from the Office of the Inspector General Investigations Division, Senior Special Agent James J. Marra; from the U.S. Marshals Service, Asset Forfeiture Division Assistant Chief Inspector Thomas J. Abernathy III and District of Massachusetts Deputy U.S. Marshal Neil R. Sullivan; from the U.S. Department of the Treasury, Internal Revenue Service-Criminal Investigation Division Special Agent Sandra J. Lemanski; and from the Massachusetts State Police, Detective Lieutenant Stephen P. Johnson.
The fifth Distinguished Service Award is presented for the successful settlement negotiations and the predicate fraud investigations conducted by the recipients which led to the largest settlement with a single entity in American history – $13 billion – and the largest Financial Institutions Reform, Recovery, and Enforcement Act penalty ever recovered by the department - $2 billion. The tireless efforts of the recipients advanced core missions of the department by holding wrongdoers accountable for reckless and abusive conduct that contributed to the financial crisis, as well as providing substantial compensation for federal entities supported by American taxpayers and critical assistance to neighborhoods impacted by the mortgage meltdown.
Award recipients include, from the Office of the Associate Attorney General, Principal Deputy Associate Attorney General Elizabeth Taylor; Chief of Staff Brian Martinez; and Director of the RMBS Working Group Geoffrey Graber; from the Civil Division, Director of E-Discovery, FOIA and Records Allison C. Stanton; Office of the Assistant Attorney General Counsel Melanie T. Singh; Consumer Protection Branch Trial Attorney David A. Frank; and Fraud Section Trial Attorney Carol Lynn Wallack; from the U.S. Attorney’s Office for the Eastern District of Pennsylvania, Assistant U.S. Attorneys David A. Degnan and Viveca D. Parker; and from the U.S. Attorney’s Office for the Eastern District of California, Assistant U.S. Attorneys Richard Elias, Colleen M. Kennedy, David T. Shelledy and Kelli L. Taylor.
The sixth Distinguished Service Award is presented to the Fire Department of New York (FDNY) Trial Team for exemplary performance in litigating the U.S. v. City of New York discrimination case. In this long-standing Title VII case, the district court found that the city of New York engaged in a pattern or practice of discrimination against black and Hispanic applicants for entry-level firefighter positions. Specifically, the district court found that the city violated Title VII by using written examinations that had a disparate impact on black and Hispanic applicants, and did not test the relevant skills needed to perform the firefighter job. At the time the city administered the first challenged examination, the uniformed members of the FDNY were only 2.9 percent black and 2.8 percent Hispanic. This extremely low level of minority representation in the FDNY was essentially the same as in the early 1970s, when the city was also sued for racially discriminatory hiring practices in its fire department. As a result of the liability finding and the United States’ continued litigation of remedies, current and future applicants to the FDNY have the opportunity to compete for employment on a fair and lawful basis for the first time in decades based on a new examination developed under the supervision of the district court and in conjunction with the recipients. In addition, the city has agreed in principle to pay up to $98 million in back-pay to victims of the city’s discrimination, and the court ordered the city to give 293 victims priority employment as a firefighter. This is the largest affirmative recovery ever obtained by the Civil Rights Division in a Title VII case.
Award recipients include, from the Civil Rights Division’s Employment Litigation Section, Deputy Chief Meredith L. Burrell; Special Litigation Counsels Eric K. Bachman and Sharon A. Seeley; Supervisory Civil Rights Analyst Cynthia M. Jones; Trial Attorneys Clare F. Geller, Kathryn E. Ladewski, Barbara A. Schwabauer, Jennifer M. Swedish, Allan K. Townsend and Carolyn P. Weiss; and Paralegal Specialists Adrienne D. Harrell and Tamera N.C. Overton; from the Criminal Section, Trial Attorney David N. Reese; from the Appellate Section, Deputy Chief Dennis J. Dimsey and Trial Attorney Lisa J. Stark; and from the U.S. Attorney’s Office for the Eastern District of New York, Senior Trial Counsel Elliot M. Schachner.
The seventh Distinguished Service Award is presented to the teams involved in the successful investigation and prosecution of the violent transnational criminal organization Barrio Azteca. This complex racketeering case targeted an organization responsible for the U.S. Consulate murders in Juarez, Mexico, and countless shootings, assaults, and other acts of violence, as well as narcotics trafficking and money laundering. The team eventually charged 35 members and associates, and sustained convictions on all who were found or brought into the United States, with the most violent members, including those responsible for the consulate murders, being sentenced to serve life sentences in prison.
Award recipients include, from the Criminal Division, Human Rights and Special Prosecutions Section Trial Attorney Brian D. Skaret; from the DEA, U.S. Consulate General Special Agents James D. Armstrong and Javier Barraza; from the U.S. Attorney’s Office for the Middle District of Alabama, Assistant U.S. Attorney Christopher A. Snyder; from the U.S. Attorney’s Office for the Western District of Texas, Assistant U.S. Attorney John Gibson; from the U.S. Attorney’s Office for the Northern District of Texas, Assistant U.S. Attorney George Leal; from the FBI’s Tampa Field Office Special Agent Carlos M. Hernandez; from the FBI’s El Paso Field Office, Supervisory Special Agent Rodolfo Ortega Jr. and Special Agents Samantha A. Mikeska, Lorenzo Perez Jr. and Alyson Samuels; from the FBI’s Miami Field Office, Supervisory Special Agents Edgar Cruz and Alfred A. Watson, and Special Agent Charles M. Bryden; from the FBI’s Albuquerque Field Office Supervisory Special Agent Rene F. Medina and Special Agent Gregory Watterson; and from the U.S. Marshals Service’s Investigative Operations Division, Chief Inspector M. Brian Maxwell.
The eighth Distinguished Service Award is presented to the team who performed distinguished work on complex legal issues arising from the 17-day federal government shutdown that occurred in October 2013 as the Executive Branch faced novel questions arising from a possible default on its fiscal obligations in the midst of a government-wide shutdown. Teams of attorneys from the Office of Legal Counsel and the Civil Division’s Federal Programs and Commercial Litigation Branches were on the front lines in addressing all of these complicated legal questions. The team advised the White House, the U.S. Department of the Treasury, the Attorney General and various other agencies, while also fending off lawsuits challenging agencies’ actions (or inaction) during the shutdown. In a historic time of great national significance, and under extraordinary deadlines, the team’s work was thorough and careful; covered a wide range of statutory, regulatory and constitutional issues affecting every agency in the Executive Branch; and combined the highest standards of craft with the imagination and creativity demanded by the unprecedented nature of the shutdown and debt limit conflict.
Award recipients include, from the Office of Legal Counsel, Deputy Assistant Attorney General Daniel L. Koffsky; Senior Counsel Matthew D. Roberts; and Attorney-Advisers Jaynie Lilley, Thomas G. Pulham and Nitin Shah; from the Civil Division’s Commercial Litigation Branch, Assistant Branch Director Susan K. Rudy; Federal Programs Branch Trial Attorneys Kathryn C. Davis, Lesley R. Farby, Adam D. Kirschner and Daniel S.G. Schwei; and Senior Trial Counsel Ellen M. Lynch.
The ninth Distinguished Service Award is presented to the Office for Victims of Crime Antiterrorism and Emergency Assistance Program (AEAP) Team for its effective, reliable and compassionate response to victims of terrorism and mass violence. Due to the far-reaching scope and horrific nature of crimes of mass violence, communities are usually unprepared, financially or emotionally, to respond to the needs of victims and survivors. The AEAP Team has provided these communities with invaluable support in both the short and long term, from emergency crisis response to enabling victims and their families to participate in criminal justice proceedings years later. The AEAP Team has gone far beyond the role of simply awarding funding, and has taken a farsighted and proactive role to assist victims and their states and communities.
Award recipients include, from the Office of Justice Programs’ Office for Victims of Crime, Director Joye E. Frost; Deputy Director J. Robert Cantrall; and Program Manager Eugenia Pedley.
The 10th and final Distinguished Service Award is presented to Tax Division Office of the Assistant Attorney General Counsel to the Assistant Attorney General Kathleen E. Lyon for her extraordinary work in drafting the Program for Non-Prosecution Agreement or Non-Target Letters for Swiss Banks (Swiss Bank Program). The department has had ongoing investigations into the use of foreign bank accounts to evade U.S. taxes, and the Swiss Bank Program was designed to encourage Swiss banks not already under investigation to cooperate with the department’s efforts. Ms. Lyon was instrumental in drafting the terms of the Swiss Bank Program.
The Attorney General’s Award for Excellence in Law Enforcement recognizes outstanding professional achievements by law enforcement officers of the Department of Justice. Two Excellence in Law Enforcement Awards are presented this year.
The first Attorney General’s Award for Excellence in Law Enforcement is presented to the members of Operation Main Hub, a multi-agency investigation into neighborhood gangs and drug trafficking organizations initiated in 2009. The FBI focused on the Turabo Heights Public Housing Projects (PHP) and the Barriada Morales while the DEA investigated the Gautier Benitez and Brisas del Turabo PHPs. The investigation revealed that neighborhood based gangs and drug trafficking organizations (DTOs) in these areas were directly involved in several shootings to protect their territory, and were responsible for distributing powder cocaine, crack cocaine, heroin, marijuana and prescription pills, resulting in millions of dollars of illicit revenue. Within Barriada Morales, the investigation targeted drug points near elementary schools and head start programs, and included multiple controlled drug buys, controlled firearms purchases, and firearms seizures from the gangs, along with extensive surveillance and law enforcement interventions. Agents utilized advanced investigative techniques and obtained numerous pen registers and six Title III wire intercepts. The FBI’s San Juan, Puerto Rico, Division was assisted by approximately 350 other law enforcement agents, including agents from the FBI, DEA, Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and local law enforcement agencies. As a result, the U.S. Attorney’s Office for the District of Puerto Rico agreed to indict 79 individuals in the Turabo Heights PHP and 126 individuals in the Barriada Morales DTO. Additionally, the DEA indicted 60 individuals between the Gautier Benitez and Brisas del Turabo PHPs. With over 350 tactical operators flown to the island, the arrests within the Barriada Morales became the largest single day tactical operation in FBI history. These arrests significantly disrupted the narcotics distribution network within Caguas, Puerto Rico, and caused a noticeable decrease in violence, especially within the Turabo Heights PHP.
Award recipients include, from the FBI’s Chicago Field Office, John A. Morales, and from the FBI’s San Juan Field Office, Special Agents Cristina R. Bretsch, Michael A. Dubravetz Jr. and Allen P. Pack; from the Bureau of Alcohol, Tobacco, Firearms and Explosives’ Miami Field Division, Puerto Rico III Field Office Special Agent Carlos M. Gonzalez; from the DEA’s Caribbean Division, Special Agents Rafael A. Santiago, Joseph R. Slesar and Stavros Stefanidis; from the U.S. Attorney’s Office for the District of Puerto Rico, Assistant U.S. Attorneys Jennifer Y. Hernandez-Vega, Alberto R. Lopez and Teresa Sofia Zapata; from the Police of Puerto Rico, Agents Jose A. Velazquez-Garcia; Pablo A. Irizarry-Ayala and Jesus Marrero-Cruz; and from the San Juan Municipal Police, Agent Michelle C. Cheveres-Contes.
The second Attorney General’s Award for Excellence in Law Enforcement is presented for outstanding performance in the recovery of missing children.
Award recipients include, from the U.S. Marshals Service’s Investigative Operations Division, Chief Inspector Denis Donovan IV and Senior Inspector Frank T. Conner. The investigators of the U.S. Marshals Service (USMS) Sex Offender Investigations Branch target missing child cases when a felony warrant is outstanding for the abductor or companion of an abducted, missing or endangered child. This missing child initiative teams fugitive hunters from the Sex Offender Investigations Branch with the National Center for Missing and Exploited Children’s (NCMEC) resources as the nation’s clearinghouse for missing children. This mandate began as a joint effort between the USMS and NCMEC to identify outstanding warrants associated with missing child cases. On Jan. 10, 2014, the USMS and NCMEC reached their milestone 500th child recovery for the Sex Offender Investigations Branch missing child initiative. More than 10 years after the start of the operation, the missing child initiative continues to grow and make a positive impact in communities across the nation.
The Attorney General’s Award tor Exceptional Service in Indian Country recognizes extraordinary efforts by department employees that demonstrate the department’s commitment to fight crime in Indian Country. This year’s award is presented to Assistant U.S. Attorney Glynette R. Carson McNabb for the District of New Mexico for her exceptional service and outstanding contributions to public safety in Indian Country over the course of 14 years as an Assistant U.S. Attorney. Since June 2010, Ms. McNabb has served as the supervisor for the District of New Mexico’s Indian Country Crimes Section and Tribal Liaison for the 22 tribes in New Mexico. Her dedication to improving public safety and the quality of life in tribal communities not only in New Mexico but throughout the country, has substantially contributed to the department’s commitment to fight crime in Indian Country.
The Attorney General’s Award for Excellence in Management recognizes outstanding administrative or managerial achievements which have significantly improved operations, productivity, or reduced costs. Two Excellence in Management Awards are presented this year.
Award recipients include, from the U.S. Marshals Service’s Office of General Counsel, Principal Deputy General Counsel Lisa M. Dickinson for her exemplary leadership in management at the U.S. Marshals Service; and from the Civil Division’s Office of Management Programs, Executive Officer and Director Kenneth L. Zwick for his exemplary leadership in management of the Civil Division.
Ms. Dickinson has dedicated 20 years of professionalism and integrity to the U.S. Marshals Service (USMS). Her efforts to support and improve the USMS and its employees, while serving in myriad capacities within the organization, exemplify the best traditions of the department. She is not only highly regarded for her expert legal counsel, but also is respected for her stellar historical knowledge of the USMS and known for always willing to share her insight and knowledge. In her current position as the Principal Deputy General Counsel overseeing operations of the Office of General Counsel, Ms. Dickinson continues to provide legal advice and guidance, coordinate litigation matters with U.S. Attorney's Offices and respond to inquiries from other federal agencies and members of the public. Throughout her career, she has been called upon numerous times to serve dual roles for the USMS. From 2004 to 2006, she served as the Acting Executive Assistant to the director, while at the same time serving as the Equal Employment Opportunity Officer. From 2006 to 2008, she served as the Senior Counsel to the director, providing advice and guidance on diverse issues and matters. In 2012, while providing counsel in the Office of General Counsel, she also served as the Acting Assistant Director for the Human Resources Division, and from June 2013 through March 2014, she served as the Associate Director for Administration. In every position throughout her career, Ms. Dickinson has inspired co-workers and subordinates with her dedication and knowledge of the USMS, and its historic role in protecting our judiciary for the nation.
Mr. Zwick is recognized for his sustained leadership in guiding the business operations of the department’s component. In his tenure with the department, Mr. Zwick has responded with speed and effectiveness to repeated challenges of extraordinary complexity, including the creation of an administrative infrastructure to support the September 11th Victim Compensation Fund. He has also expertly transformed the daily operations of the Civil Division’s litigation support and human resources efforts, saving the department millions of dollars and dramatically improving efficiency. Mr. Zwick has consistently provided outstanding contributions to the department under challenging conditions, and his exceptional leadership has markedly improved the department’s operations.
The Attorney General’s Award for Excellence in Information Technology recognizes outstanding achievements in applying information technology to improve operations and productivity, reduce or avoid costs, and solve problems. Two Excellence in Information Technology Awards are presented this year.
The first Attorney General’s Award for Excellence in Information Technology recipient is Director Richard W. Tayman from the Environment and Natural Resources Division’s Office of Information Technology for Superior Program Management of ENRD Information Technology Systems.
Mr. Tayman is a true technology innovator who is extremely well respected throughout the department. While he has taken care of the Environment and Natural Resources Division’s (ENRD) automated information technology systems for over 25 years, Mr. Tayman is also regularly called upon to provide expert guidance for the development and deployment of major enterprise-wide department’s IT systems. Just as the department turns to him for advice, insight and guidance, so do some of the world’s largest information technology equipment vendors and service providers. As a result, ENRD and the department often see incredibly satisfying price tags on the products and services it procures, and technology solutions are often provided with extra care and concern when Mr. Tayman is involved in such acquisitions.
The second recipients of the Attorney General’s Award for Excellence in Information Technology are Supervisory IT Specialist Ray M. Jagels and IT Specialist Douglas L. Baus from the U.S. Marshals Service’s Justice Prisoner and Alien Transportation System, for the development of the innovative and complex JPATS System
Over an aggressive 19-month development cycle, the Justice Prisoner and Alien Transportation System (JPATS) Information Technology Team developed the innovative and complex JPATS Automated Routing and Scheduling System. The team implemented the details of hundreds of JPATS trips and over 11,000 prisoner routes in the system, developed major customization of Oracle Transportation Management Software, and implemented complex data integration procedures between the Base Scheduling System and the Automated Routing and Scheduling System. New user interface functions were created, and a comprehensive training program was developed to successfully address a significantly re-engineered business process. At the close of fiscal year 2013, the use of this program succeeded in exceeding target goals by supporting improvements in scheduler productivity, and by enhancing operational performance that resulted in an overall savings of $11.1 million for the department.
The Attorney General’s Award for Excellence in Furthering the Interests of U.S. National Security recognizes outstanding achievements and contributions in protecting U.S. national security. One Excellence in Furthering the Interests of U.S. National Security Award is presented this year for exemplary service in the operation of a national online counterterrorism program. Through innovative online targeting strategies and creative use of technology, Terror Net is a key contributor to the FBI’s mission to protect the U.S. from terrorist attack. Terror Net is a national online counterterrorism program operated by the FBI San Francisco Division. It targets predicated subjects who use the Internet in furtherance of terrorist acts, and focuses on homegrown violent extremists (HVEs) who are difficult to identify and investigate through traditional methods. The Terror Net team conducts online targeting of HVEs, both in the San Francisco Division and other FBI field offices which do not have their own resources or subject matter expertise to conduct this type of operation. The Terror Net team is the preeminent FBI asset used to locate, engage, and disrupt terrorist threats emanating from the online realm. Through fiscal year 2013 to present, Terror Net has conducted major counterterrorism disruptions against two subjects who attempted to conduct large scale vehicle bomb attacks on significant targets in the United States. Terror Net is currently supporting 37 cases in 17 field offices, and has supported over 70 investigations in 25 field offices over time.
Award recipients include, from the FBI, San Francisco Field Office Special Agents James P. Colraine, Daniel R. Costin, Stephen V. Denitto, Kevin J. Gray, T.M. Ito, Steven A. Kornaros, Matthew Quick, Mike P. Stahala and Gregory Wuthrich; Sacramento Field Office Language Specialist Bassam Dib; Legat Singapore Supervisory Special Agent Sanjay Virmani; Counterterrorism Division Intelligence Analyst Sarah E. Marconi and Management and Program Analyst Melissa L. Willig.
The Attorney General’s Award for Equal Employment Opportunity is the department’s highest award for performance in support of the Equal Employment Opportunity program. One Equal Employment Opportunity Award is presented this year for outstanding leadership and performance in equal employment opportunity and diversity in the Tax Division. The Tax Division’s Attorney Diversity Subcommittee has made significant and long-lasting contributions to the division and the department in the areas of diversity, inclusion, and employee engagement. The subcommittee developed concrete proposals to improve attorney hiring practices in the division; brought the Diversity and Inclusion Dialogue Project to the department; recommended changes to the division’s attorney worklife policies; fostered deeper relationships with department affinity groups; and hosted a number of thought-provoking, interesting and fun diversity and inclusion events for division employees. The recipients each served as chair of this subcommittee and, as such, deserve to be recognized for their outstanding contributions to diversity and inclusion in the division and the department.
Award recipients include, from the Tax Division, in the Criminal Enforcement Section, Northern Region, Assistant Chief Karen Kelly; from the Civil Trial Section, Southern Region Assistant Chief David M. Katinsky; from the Office of Review, Section Chief Ann C. Reid; and from the Civil Trial Section, Eastern Region, Section Chief Deborah S. Meland.
The Attorney General’s Award for Excellence in Legal Support recognizes outstanding achievements in the field of legal support to attorneys by paralegal specialists and other legal assistants.
In the Paralegal Category, this year’s award for Excellence in Legal Support is presented to Paula C. Clinedinst, Paralegal Specialist for the Environment and Natural Resources Division’s Wildlife and Marine Resources Section for her sustained outstanding paralegal support to the ENRD Wildlife and Marine Resources Section. Ms. Clinedinst is a key member of the Wildlife and Marine Resources team, superbly providing all facets of paralegal support, including cite-checking and proofing briefs; legal research; overseeing and tracking two high-volume litigation dockets; and training other paralegals. For 25 years, she has gone above and beyond the call of duty time and again, and has delivered outstanding results for the division. Moreover, her tireless efforts and dedication have ensured success in some of the division’s most important and difficult matters, including litigation related to the Navy’s use of sonar; the operation of the Federal Columbia River Power System; the listing of the polar bear as a threatened species under the Endangered Species Act; and California’s Central Valley Project.
In the Legal Support Category, this year’s award for Excellence in Legal Support is presented to Gail P. Dallman, Legal Assistant for the Executive Office for U.S. Trustees’ Office of the U.S. Trustee - Region 11 for her outstanding and sustained dedication and contributions to the U.S. Trustee Program. On her own initiative, Ms. Dallman worked to identify, test and implement the use of low-cost alternatives to the Public Access to Case Electronic Records (PACER) system. Based on her success in converting offices in Region 11, the U.S. Trustee Program made PACER costs savings nationwide a priority for fiscal year 2014, and Ms. Dallman is playing an important role in that effort. She serves as one of the field leads on the CourtLink Working Group, adapted the PowerPoint tutorial she developed for her region for use on a national level, and assisted in drafting frequently asked questions and answers for new users. She also fields questions and provides assistance to staff from around the country as they work to implement this new system in their offices. As a result of the efforts started by Ms. Dallman, the U.S. Trustee Program has already realized significant savings, and projects a drop in PACER costs of at least $750,000 in fiscal year 2014.
The Attorney General’s Award for Excellence in Administrative Support recognizes outstanding performance in administrative or managerial support by an administrative employee or secretary. Two Excellence in Administrative Support Awards are presented this year.
In the Administrative Category, this year’s award for Excellence in Administrative Support is presented to Staci A. Card, Contract Specialist for the Federal Bureau of Prisons’ Federal Correctional Institution in Otisville, New York, for her outstanding work in her contracting efforts for the Electronics Business Group of Federal Prison Industries (FPI). Her expertise, attention to detail and innovative thinking have directly resulted in the realization of numerous renewable energy projects, benefitting FPI and federal agencies in their quest to become more energy efficient. Ms. Card’s devotion to duty is in keeping with the highest standards of the agency, and reflects great credit upon herself, the Federal Bureau of Prisons and the department.
In the Secretarial Category, this year’s award for Excellence in Administrative Support is presented to Renee L. Robinson, Information Technology Specialist for the U.S. Attorney’s Office for the District of Alaska for her outstanding and sustained dedication and contributions to the U.S. Attorney’s Office for the District of Alaska. Ms. Robinson is recognized for her indispensable contributions to the mission of the U.S. Attorney’s Office in multiple roles. Besides her regular responsibilities as Information Technology Manager, Ms. Robinson developed and executed the Information Management, Records Management, Case Management and Property Accountability Programs for the U.S. Attorney’s Office and two branch offices in the District of Alaska. She served as the Acting Administrative Officer while the position was vacant, and has ensured that docketing functions are accomplished while that position remains vacant. Ms. Robinson can be counted on to perform any support task required in the office, and does so willingly, accurately, and professionally. Her dedication reflects greatly upon herself, the U.S. Attorney’s Office and the department.
The Claudia J. Flynn Award for Professional Responsibility recognizes a department attorney who has made significant contributions in the area of professional responsibility by successfully handling a sensitive and challenging professional responsibility issue in an exemplary fashion and/or leading efforts to ensure that department attorneys carry out their duties in accordance with the rules of professional conduct. This year’s award is presented to Paul M. O’Brien, Deputy Assistant Attorney General in the Criminal Division’s Office of the Assistant Attorney General for his significant contributions to the professional responsibility of department attorneys. Mr. O’Brien has spent his 20-year career representing the interests of the department on challenging professional responsibility issues. In his capacity as the Deputy Assistant Attorney General of the Criminal Division, he oversees the highly sensitive work of the Office of Enforcement Operations and the Public Integrity Section, and has led efforts to ensure that the department’s attorneys carry out their duties in accordance with the rules of professional conduct. His improvements to the Electronic Surveillance Unit and the Freedom of Information Act (FOIA) Unit ensure that department attorneys have the tools, resources and knowledge to represent the interests of the United States while meeting their professional responsibility obligations. Whether the issues involve particularly sensitive or challenging matters, or enhance department policy in the area of professional responsibility, Mr. O’Brien is highly respected by his colleagues as a dedicated leader who can be depended upon for his integrity, judgment and commitment to do the right thing in every circumstance.
The Attorney General’s Award for Outstanding Service in Freedom of Information Act Administration recognizes exceptional dedication and effort to the implementation of FOIA. The president’s Open Government Directive and the Attorney General’s FOIA Guidelines prioritize the need for the government to incorporate information technology into FOIA processing when responding to requests for information. The Civil Division’s FOIA Unit developed a groundbreaking program that successfully increased the efficiency and timeliness, while decreasing the cost, of responding to FOIA requests. In just one fiscal year, the recipients successfully transformed workflows and applied information technology typically used in litigation to the FOIA search, review, and response process. Using these new methods, in fiscal year 2013 the team reduced the division’s request backlog by more than 50 percent, while receiving six percent more requests than the previous year. Using new processes and technology the team completed 33 percent more requests than in fiscal year 2012. The success of the team is attributable to its expertise and dedication to the president’s open government priorities. Through its efforts, the recipients created a technologically innovative FOIA system that advances the president’s and the Attorney General’s goals of providing faster and more complete responses to requests for information by the public.
Award recipients include, from the Civil Division’s Office of the Assistant Attorney General, Senior Supervisory FOIA Counsels Angie E. Cecil and James M. Kovakas; Director of the Office of Litigation Support Joshua P. Wood; and Office of Management Programs Senior Litigation Support Professional Tammy L. Walmsley for their outstanding and sustained dedication and contributions to the department’s FOIA Program.
The Attorney General’s Award for Fraud Prevention recognizes exceptional dedication and effort to prevent, investigate and prosecute fraud, white-collar crimes and official corruption. This team is honored for its exceptional perseverance, diligence and vision in the investigation, litigation and prosecution of allegations that Johnson & Johnson and two of its subsidiaries, Janssen and Scios, improperly promoted drugs, disregarded patient safety and paid kickbacks to enhance sales. The resolution marks the culmination of an extensive, coordinated eight-year investigation. The team’s extraordinary efforts resulted in three civil complaints and two criminal informations filed in the three different districts, and demonstrated an exemplary use of parallel proceedings. More important, the team’s efforts resulted in Johnson & Johnson paying in excess of $2.2 billion to resolve criminal and civil liability arising from its illegal misbranding and fraudulent marketing of drugs to vulnerable populations such as the elderly, children and those with developmental disabilities, and its payment of kickbacks to physicians and the nation’s largest long-term care pharmacy provider. The global resolution is the third largest health care fraud settlement in U.S. history, and with respect to Risperdal, the resolution is the largest settlement for one drug.
Award recipients include, from the U.S. Attorney’s Office for the Eastern District of Pennsylvania, Deputy Chief for Affirmative Civil Litigation Mary Catherine Frye; and Assistant U.S. Attorneys Scott M. Cullen, Charlene Keller Fuller and Albers S. Glenn; from the U.S. Attorney’s Office for the Northern District of California, Assistant U.S. Attorneys Thomas R. Green and Sara Winslow; from the from the U.S. Attorney’s Office for the Southern District of Florida, Assistant U.S. Attorney Kevin James Larsen; from the U.S. Attorney’s Office for the District of Massachusetts, Assistant U.S. Attorneys George B. Henderson III and Gregg David Shapiro; and from the Civil Division’s Commercial Litigation Branch Fraud Section, Senior Trial Counsel Laurie A. Oberembt; Senior Counsel for Healthcare Fraud Edward C. Crooke; and Trial Attorneys Jennifer L. Cihon, Kimberly I. Friday, Patrick M. Klein II and Renée S. Orleans.
The Attorney General’s Award for Outstanding Contributions to Community Partnerships for Public Safety recognizes outstanding achievement in the development and support of community partnerships designed to address public safety within a community. The award recognizes the significant contributions of citizens and organizations that have assisted the department in the accomplishment of these programs.
This year’s Outstanding Contribution to Community Partnerships for Public Safety Award is presented to the team who performed exceptional work to address solutions to the active shooter epidemic. This team focused on two major collaborative efforts: working with Executive Branch members to create a singular national voice addressing potential solutions to the active shooter problem; and working with law enforcement nationally to share best practices and lessons learned. To accomplish the first task, the recipients began what became six months of nearly-daily meetings with representatives from Executive Branch agencies. President Obama had asked the working group to focus first on creating guides for schools, institutions of higher learning, and houses of worship which would be used to develop comprehensive Emergency Operations Plans. From the first meeting led by the Vice President’s Office, it became clear that each working group member brought his or her own agencies varied priorities and responsibilities. Out of intense and productive discussions, three distinct 100-page guides were written, vetted, and approved by the Executive Branch agencies. When the documents were released by Vice President Biden during a July 2013 press conference, it marked the first time a collaborative effort had resulted in Federal agency collaboration on emergency planning guides. The guides provide practical advice on how to work with students, teachers and administrators on ways to prevent and intercede before an active shooter incident happens, and how to react and respond when it does. The second effort undertaken by the team focused on finding a practical way to share with 800,000 law enforcement officers better ways to predict and respond to active shooter incidents. The team designed a three-tiered approach to this task. First, the team worked with the department’s Bureau of Justice Assistance and Texas State University to adopt a national response protocol for law enforcement. Second, the team developed materials for a two-day conference, hosted by FBI field office personnel to bring lessons learned and best practices to the chiefs, sheriffs, and commanders on the scenes of these incidents. Finally, the team developed tabletop exercises specific to schools and universities to bring law enforcement and first responders together to discuss how they would handle an active shooter incident in their territory.
Award recipients include, from the FBI’s Washington Field Office, Office of the Director Supervisory Special Agent Michael McElhenny; Resource Planning Office Special Advisor Kathryn M. Crotts; Critical Incident Response Group Supervisory Special Agent Katherine W. Schweit; and Public Affairs Specialist Andrew C. Ames; from the Department of California Highway Patrol, Lieutenant David William Knoff.
The Cubby Dorsey Award for Outstanding Contributions by a Wage Grade System Employee recognizes extraordinary performance and contributions by wage grade system employees, including laborers, mechanics, and skilled craft workers. One Cubby Dorsey Award for Outstanding Service by a Federal Wage Grade System Employee is presented this year to Michael Grigsby, HVAC Supervisor Federal Bureau of Prisons Federal Prison Camp (FPC) in Montgomery, Alabama.
Mr. Grigsby is honored for his outstanding leadership and dedication to FPC Montgomery for the past 16 years. His knowledge and fortitude to research the most cost effective methods for repairing projects at an institution which opened in 1930 continues to exceed expectations. Mr. Grigsby supervises the plumbing, electrical, and HVAC details at the facility. Additionally, he works closely with Maxwell Air Force Base personnel, and continues to exemplify a very positive partnership with the local community. Mr. Grigsby handles institution emergencies regarding facility concerns in his area of expertise with outstanding efficiency. His ownership of projects assigned to him are reflective of his determination to ensure the best solution for a long term resolution are utilized, as well as always researching the most cost effective methods. Mr. Grigsby is viewed as a leader among his peers, and his reputation is that of a great historian to FPC Montgomery.
The Attorney General’s Award for Outstanding Contributions by a New Employee recognizes exceptional performance and notable accomplishments towards the department’s mission by an employee with fewer than five years of federal career service. Two Outstanding Contributions by a New Employee Awards are presented this year.
The first Contribution by a New Employee Award is presented to Regina Kline, Trial Attorney in the Civil Rights Division’s Disability Rights Section, for her exemplary work in the division. As the driving force behind the precedent-setting U.S. v. Rhode Island and City of Providence (Rhode Island) sheltered workshop lawsuit filed by the Civil Rights Division, Ms. Kline has distinguished herself as an extraordinarily dedicated and effective advocate for the United States. Through her outstanding oral and written advocacy, a groundbreaking settlement was achieved in the case, the first agreement to apply the Americans with Disabilities Act (ADA) integration mandate in a comprehensive manner to state and local employment service systems for persons with disabilities. Olmstead v. LC (Olmstead) has been called the Brown v. Board of Education of the disability rights movement, and Olmstead enforcement has been a top priority for the department. Although many of the department’s cases involve the unnecessary segregation of people with disabilities in residential institutions, Ms. Kline’s work in Rhode Island expanded this work to look beyond just where people live, to examine how people live. The results obtained by Ms. Kline in Rhode Island have played a pivotal role in leveraging the department’s Olmstead enforcement to bring about broad policy change, and have led to nationwide interest in addressing segregation in state employment services. Although Ms. Kline has served as a trial attorney at the department for less than two years, she has also played a lead role in the United States’ intervention in Lane v. Kitzhaber, an ADA lawsuit challenging the state of Oregon’s over-reliance on segregated employment services settings for people with disabilities.
The second and final Contribution by a New Employee Award is presented to Ashley Altshuler, Assistant U.S. Attorney for the Western District of Oklahoma, for his exceptional performance in support of the DOJ Project Safe Neighborhoods, Project Sentry and Offender Reentry Initiatives. Since his hiring, Mr. Altshuler has exceptionally performed his duties in support of the department’s Project Safe Neighborhoods, Project Sentry and offender reentry initiatives. He has taken the initiative to make reentry a priority, and led his U.S. Attorney’s Office’s efforts, even though he has been an Assistant U.S. Attorney for less than three years. His creation and development of the Probationer and Parolee Reentry Program has made the Western District of Oklahoma safer. Mr. Altshuler has also established a research partnership with a local university to study the effectiveness of the reentry program.
The John Marshall Awards are the department’s highest awards offered to attorneys, for contributions and excellence in specialized areas of legal performance. Twelve awards in nine categories are presented this year.
The first John Marshall Award for Trial of Litigation is presented to John O. Holm, Erika B. Kranz and Kristin R. Muenzen, Trial Attorneys in the Environment and Natural Resources Division’s Land Acquisition Section, for their exceptional work litigating the acquisition of land for the United Airlines Flight 93 Memorial.
The Flight 93 National Memorial Trial Team was responsible for litigating the acquisition of over 275 acres of land in Somerset County, Pennsylvania, where United Airlines Flight 93 crashed on Sept. 11, 2001. The land was acquired to construct the Flight 93 National Memorial to honor the victims of this national tragedy. The recipients were responsible for litigating this case and ensuring just compensation was paid to the former landowners. The case involved extensive discovery, motion practice, settlement negotiations and a week-long trial during the most recent government shutdown. On Dec. 9, 2013, the Land Commission issued a report finding that the fair market value of the subject property was $1.5 million, which was $21.7 million less than the valuation by the landowners’ appraiser. As the result reflects, the Flight 93 Trial Team was successful at every stage of this litigation from the preparation of numerous successful motions that eliminated millions of dollars claimed by the landowners, to limiting the scope of evidence presented at a highly-contentious trial in which the team was able to undermine the testimony of an expert who is nationally recognized in the field of valuing similar, high-profile properties. Through the team’s efforts, the United States and its taxpayers saved tens of millions of dollars, while ensuring that the necessary land was acquired to develop a national memorial to the victims of United Airlines Flight 93 who lost their lives on Sept. 11, 2001.
The second John Marshall Award for Trial of Litigation is presented to Joseph E. DePadilla, Benjamin L. Hatch and Brian J. Samuels, Assistant U.S. Attorneys in the U.S. Attorney’s Office for the Eastern District of Virginia, and Paul G. Casey, Trial Attorney in the National Security Division’s Counterterrorism Section, for their outstanding performance prosecuting 14 sea-based Somali pirates and one land-based Somali pirate leader for their role in the capture and murders of four Americans onboard the sailboat Quest. These prosecutions resulted in two separate trials, U.S. v. Mohammad Saaili Shibin, and a two-month capital trial involving three defendants, U.S. v. Ahmed Muse Salad, Abukar Osman Beyle, and Shani Nurani Shiekh Abrar. Shibin was the first Somali-based pirate leader ever brought to trial in the United States, and his case was the first time that U.S. piracy laws had ever been applied to a person who did not himself go onto the high seas to commit violent acts of piracy, but rather facilitated those acts from the relative safety of Somalia. The recipients secured convictions on all counts and Shibin was sentenced to serve more than 12 life sentences. In the Salad, et al. trial, the Attorney General directed the prosecution team to seek the death penalty for all three defendants who were found guilty on 26 counts of the indictment. The jury determined that the defendants were eligible to receive the death penalty, and ultimately recommended sentences of life imprisonment. The district court subsequently imposed 19 consecutive life sentences, two concurrent life sentences, and 360 months consecutive for each defendant. This prosecution demonstrates the United States’ commitment to obtaining justice for victims of piracy affecting the United States and the international community, and it sends a strong message that Somali pirates and their land-based leaders are not beyond the reach of U.S. and international law.
The first John Marshall Award for Participation in Litigation is presented for exemplary dedication and contributions to assert government interest to guarantee right to counsel for indigent defendants. In the 50 years since the landmark U.S. Supreme Court decision in Gideon v. Wainwright guaranteeing the Sixth Amendment right to counsel for indigent defendants, the department had spoken about the indigent defense crisis in America and provided leadership and grant-making to address it, but had never participated in litigation to contribute to assuring that all Americans facing criminal charges are guaranteed an attorney. That changed in 2013, when a litigation team from the Access to Justice Initiative and the Civil Rights Division researched, crafted, and filed a statement of interest in the federal case of Wilbur v. City of Mount Vernon asserting that the federal government has a strong interest in ensuring that all jurisdictions are fulfilling their obligations under Gideon. The filing stated that in the event that the court found constitutional violations, workload limits for public defense providers should be imposed to better ensure quality representation for each client, and an independent monitor should be appointed to ensure compliance. In December 2013, the Federal District Court Judge in Wilbur ruled that there had been a systematic deprivation of the right to counsel and ordered the appointment of an independent monitor. The department’s participation in the case drew national attention and strengthened the department’s ongoing contribution to justice for all, including those who are unable to afford an attorney.
Award recipients include, from the Civil Rights Division’s Special Litigation Section, Chief Jonathan M. Smith and Trial Attorney Paul A. Killebrew; and Access to Justice Initiative Acting Senior Counselors Karen A. Lash and Deborah Leff; and Senior Counsels Jenni Katzman and Larry Kupers.
The second John Marshall Award for Participation in Litigation is presented for superior performance in the litigation and prosecution of Randolph Linn, the Islamic Center of Greater Toledo arsonist. Award recipients include, from the U.S. Attorney’s Office for the Northern District of Ohio, Assistant U.S. Attorneys Bridget M. Brennan and Ava M. Rotell Dustin. On Sept. 30, 2012, Linn, armed with gas cans and a handgun, set fire to the Islamic Center of Greater Toledo, the largest mosque in northwest Ohio. This horrific act resulted in more than $1.4 million in damage, displaced the congregation and a full-time elementary school for over a year, and caused a wave of fear to spread throughout the Muslim community in the region. Less than three months after the fire was set, the recipients skillfully negotiated a binding plea agreement resulting in Linn pleading guilty to damage to religious property, use of a fire to commit a felony and use of a firearm to commit a crime of violence. On April 16, 2013, Linn was sentenced to serve 20 years in prison for these hate crimes.
The first John Marshall Award for Support of Litigation is presented for exceptional support to the National Labor Relations Board and the Consumer Financial Protection Bureau. Award Recipients include, from the Office of the Assistant Attorney General for the Civil Division, Deputy Assistant Attorney General Beth S. Brinkmann; Appellate Counsel Scott R. McIntosh; and Appellate Staff Attorneys Melissa N. Patterson and Benjamin M. Shultz; and from the Office of the Solicitor General, Assistant to the Solicitor General Curtis E. Gannon. This team is honored for providing exceptional support to the National Labor Relations Board in connection with the challenged validity of President Obama’s recess appointment of three board members, and to the Consumer Financial Protection Bureau in connection with the president’s appointment of its director. The issues opened up multiple first-impression questions of constitutional law implicating the historical practices under the Recess Appointments Clause all the way back to the first president. The recipients undertook an extraordinary effort, turning to the primary historical sources themselves, poring over original appointment records in the National Archives, the U.S. Department of State, the Library of Congress and other historical collections, and documented a substantial number of presidential recess appointments never before reported in any academic source or judicial decision.
The second John Marshall Award for Support of Litigation is presented to the Environment and Natural Resources Division’s Environmental Enforcement Section, Deputy Section Chief Ellen M. Mahan; Assistant Section Chief William D. Brighton; Senior Counsel Jerome W. MacLaughlin; Senior Attorneys Peter M. Flynn and Keith T. Tashima; and Trial Attorney Bradley L. Levine, for outstanding performance recovering funds for cleanup and restoration at the New Bedford Harbor PCB Superfund Site. This team was instrumental in recovering $475 million for environmental cleanup and restoration of natural resources at the New Bedford Harbor polychlorinated biphenyls (PCBs) Superfund Site in Massachusetts. Decades of industrial discharges spread PCB contamination across 18,000 acres of the harbor bottom. PCB pollution threatens human health and interferes with a multi-generational tradition of fin and shell fishing in the harbor by local families, including families of Portuguese, Puerto Rican and Cape Verdean descent. The money recovered will increase the pace and efficiency of the harbor cleanup. This case procured a huge victory for the people of New Bedford and for the environment, and struck a blow for environmental justice. It represents an outstanding achievement by this talented, determined and resourceful team of litigators.
The John Marshall Award for Handling of Appeals is presented to Deputy Chief Robert A. Parker of the Criminal Division’s Appellate Section, Criminal Division Attorney Christopher J. Smith; General Attorney Paula H. Wulff of the FBI’s Office of the General Counsel; Senior Counsel David J. Karp from the Office of Legal Policy; and from the Office of the Solicitor, Deputy Solicitor General Michael R. Dreeben, and General Assistant to the Solicitor General Elaine J. Goldenberg. This team is recognized for its extraordinary work in successfully defending the interests of the United States before the U.S. Supreme Court in Maryland v. King. In King, the court, by a narrow vote of five to four, upheld the right of federal and state law enforcement to collect DNA samples from arrestees for the purpose of generating identification profiles. The importance of this decision cannot be overstated as it validates over two decades of efforts by Congress, state legislatures and federal and state law enforcement agencies to create a reliable national database of DNA identification profiles that can be used to identify criminal offenders, solve crimes and exonerate the innocent, all while rigorously protecting personal privacy. The recipients worked together to brief and argue the case on behalf of the United States, and the Supreme Court majority’s opinion closely tracks the arguments they crafted. Their efforts were crucial to the outcome of this case, and will have far-reaching effects on the ability of federal, state and local enforcement agencies to identify offenders and solve crimes.
The John Marshall Award for Providing Legal Advice is presented to John T. Lynch Jr., Chief of the Criminal Division’s Computer Crime and Intellectual Property Section, for his dedicated service and outstanding leadership of the Criminal Division’s Computer Crime and Intellectual Property Section. Mr. Lynch is a leader in one of the department’s most prominent areas of concern, and his expert, tireless and professional work as Chief of the Criminal Division’s Computer Crime and Intellectual Property Section has furthered the department’s mission at every stage. From the highest levels of the department and throughout the law enforcement community, anyone who confronts complex issues involving computer crime or cyber threats knows and relies upon Mr. Lynch and the people that he leads. From providing expert advice on hacking cases, protecting intellectual property rights, and guiding the department’s position on crucial legislative and policy initiatives, Mr. Lynch has served the government with the highest commitment and level of professionalism.
The John Marshall Award for Preparation or Handling of Legislation is presented to Deputy Director Michelle Morales and Attorney Janis Kockritz from the Criminal Division’s Office of Policy and Legislation for their exceptional work in conceptualizing, planning and completing the DOJ Review of Federal Firearm Prohibitors Report. The report was commissioned by President Obama following the murder of 20 first graders and six adult staff members at the Sandy Hook Elementary School in Newtown, Connecticut. The team’s exhaustive work resulted in a comprehensive report that examines how the current prohibitors are applied in practice to prevent certain categories of persons from obtaining and/or possessing firearms; identifies statutory, regulatory and operational gaps or weaknesses in the existing prohibitors; and presents legislative and executive policy options for modifying or enhancing the prohibitors to make them more effective in preventing potentially dangerous individuals from having guns. The report is a major contribution to department’s understanding of the role, application and realities of the federal firearm prohibitors in federal law enforcement, and marks a notable advancement for the Criminal Division in legal and policy analysis.
The John Marshall Award for Asset Forfeiture is presented to Assistant U.S. Attorneys Arlo Devlin-Brown, Christopher D. Frey, Randall Wade Jackson, Paul M. Monteleoni, Matthew L. Schwartz and John T. Zach for the U.S. Attorney’s Office for the Southern District of New York; and Assistant U.S. Attorney Barbara A. Ward of the U.S. Attorney’s Office for the District of New Jersey. This team is responsible for the investigation and prosecution of various cases stemming from the collapse of Bernard L. Madoff Investment Securities, which was revealed in December 2008 to be the largest Ponzi scheme in history. In the five years since Bernard Madoff was arrested for orchestrating his massive Ponzi scheme, the team conducted an international investigation that resulted in the prosecution of more than a dozen individuals; a deferred prosecution agreement with JPMorgan Chase Bank; and the forfeiture and collection of more than $4 billion. The forfeited funds are being distributed through the largest and most ambitious remission project in the department’s history, where it will reach thousands of victims in dozens of countries, and serve as a precedent for future large-scale remission programs. The team’s extraordinary work, including its novel use of forfeiture, has ensured a meaningful measure of recompense to thousands of innocent victims who otherwise would not have recovered anything from the failed investments.
The John Marshall Award for Alternative Dispute Resolution is presented to the Environment and Natural Resources Division’s Natural Resources Section Assistant Section Chief Keith E. Saxe and Senior Attorneys Stephen G. Bartell and Thomas K. Snodgrass for their outstanding professional achievement for the protection of ecosystems in Juab County, Utah. This team is honored for its exemplary work in the management of litigation involving claims brought under the Quiet Title Act for highway rights-of-way, and the negotiation of a creative three-sided resolution of the first of dozens of lawsuits involving highway rights-of-way claims that threaten the federal government’s ability to manage federal lands in the western United States. The settlement provides for the protection of important ecosystems in a remote area of Juab County in Utah, designated as the Deep Creek Mountains Wilderness Study Area, which is known for its beauty and impressive geologic formations. The agreement balances the protection of the lands with limited access to these remote areas for recreational purposes. The settlement is historic in identifying an approach to resolving a flood of litigation that could severely drain the resources of the department and its client land-management agencies. The negotiation was a model of cooperation among federal, state and local governments, as well as environmental interests, and set a foundation of good will on which to build further agreement and resolutions.
The John Marshall Award for Interagency Cooperation in Support of Litigation is presented to Robert A. Kaplan, Regional Counsel for Region 5 of the U.S. Environmental Protection Agency (EPA) for his outstanding work managing EPA’s largest regional enforcement program. As the chief attorney overseeing the EPA’s largest and most successful regional enforcement program, Mr. Kaplan is recognized for his unrelenting efforts to support the environmental enforcement litigation that the department pursues on EPA’s behalf. In fiscal year 2013, the Office of Regional Counsel overseen by Mr. Kaplan led all 10 EPA regions in the number of civil litigation referrals to the department, the number of civil judicial matters concluded, the total dollar value of injunctive relief and supplemental environmental projects obtained in their cases, and the total amount of air pollution reduced through enforcement efforts. These results were enabled in large part by Mr. Kaplan’s leadership and initiatives promoting joint priority-setting by EPA and the department; the efficient deployment of enforcement resources; and the active oversight and support of the case development work, negotiations and litigation undertaken by the assigned case teams.
Attorney General Holder Announces Vanita Gupta to Serve as Acting Assistant Attorney General for the Civil Rights DivisionRead the Press Release
Attorney General Eric Holder announced on Wednesday that Vanita Gupta will serve as Principal Deputy Assistant Attorney General and Acting Assistant Attorney General for the Civil Rights Division.
Gupta succeeds Molly Moran, who will become Principal Deputy Associate Attorney General.
“Vanita has spent her entire career working to ensure that our nation lives up to its promise of equal justice for all,” said Attorney General Holder. “Even as she has done trailblazing work as a civil rights lawyer, Vanita is also known as a unifier and consensus builder. She has a knack for bridging differences and building coalitions to drive progress. I am certain that Vanita will serve as a sound steward of this critical division, continuing the exemplary work that Molly Moran, Jocelyn Samuels and Tom Perez, have so ably led.”
Prior to joining the department, Gupta served as Deputy Legal Director of the American Civil Liberties Union and Director of its Center for Justice. Previously, she was an attorney for its Racial Justice Program. Over her career, Gupta has earned a reputation for working closely and collaboratively with law enforcement, departments of corrections and across the political spectrum to advance smart policing and criminal justice reforms. Through her work with the ACLU, she has been involved in reform initiatives around the country pertaining to federal and state policing, sentencing, drug policy and criminal law. Her recent work has focused on building a bipartisan consensus to end overreliance on incarceration.
Gupta began her career as a lawyer with the NAACP Legal Defense and Educational Fund. In addition to her work with the ACLU and NAACP Legal Defense Fund, Gupta has taught civil rights litigation and advocacy clinics at New York University School of Law since 2008. She received a B.A., magna cum laude, from Yale University and J.D. from New York University School of Law.
Her first case involved leading an effort to win the release of 35 defendants in Tulia, Texas, whose drug convictions and lengthy sentences were discredited by the work of Gupta and the legal team of private bar attorneys she organized. All of the defendants were eventually pardoned in 2003 by Governor Rick Perry, and she helped to negotiate a $6 million settlement for those arrested.
Gupta begins at the department on Monday, Oct. 20.
The Attorney General also announced that Molly Moran will become Principal Deputy Associate Attorney General in Acting Associate Attorney General Stuart F. Delery’s office.
“Molly Moran stepped in to lead the Civil Rights Division at my request and she has led the division through some unprecedented challenges,” said Attorney General Holder. “During a time of transition for the division, Molly provided stability and leadership. From Ferguson, Missouri to voting rights cases in Texas, North Carolina and beyond, the division has continued its critical work on behalf of the American people with the benefit of Molly’s wise counsel, thoughtful leadership and tireless advocacy. Fortunately for the country, the department and I will be able to continue to rely on Molly’s talents for the foreseeable future as Principal Deputy Associate Attorney General.”
Since becoming Acting Assistant Attorney General for the Civil Rights Division, Moran has provided stability and leadership to the division during one of its most high profile periods. Stepping into the role as Acting Assistant Attorney General just before the shooting of Michael Brown by a Ferguson Missouri Police Officer, Moran has overseen the ongoing civil rights investigation into the shooting and opened a civil pattern or practice investigation into the operations of the Ferguson Police Department. In September, the division filed a statement of interest in Hurrell-Harring et al. v. New York regarding the standards for indigent defense provided by the state—only the second time the division has weighed in on a state level case on right to counsel. Following a September 2014 trial, the department won its first Voting Rights Act case since the Supreme Court’s Shelby v. Holder ruling. In the case, which challenged the Texas voter ID law, the court agreed with the department’s position that the law is discriminatory in both effect and intent.
Assistant U.S. Attorneys Bridget M. Brennan and Ava Rotell Dustin Honored for Toledo Mosque Arson ProsecutionRead the Press Release
Attorney General Eric Holder presented Assistant U.S. Attorneys Bridget M. Brennan and Ava M. Rotell Dustin the John Marshall Award for Participation in Litigation today at a ceremony in Washington, D.C., honoring them for successfully prosecuting the arson at the Islamic Center of Greater Toledo last year.
The annual Attorney General Awards recognize department employees and other individuals for their dedication to carrying out the Department of Justice’s mission.
“With this important event, we come together to honor some of our nation’s most distinguished, dedicated, and deserving public servants,” said Attorney General Holder. “The hard work and impressive achievements of these 278 award recipients have inspired their colleagues at every level of the U.S. Department of Justice – including me. Their leadership has been indispensable in defining the past year as one of historic accomplishment in the face of nearly unprecedented challenge.”
“The hard work of these talented prosecutors and agents deserves national recognition, both because of their success but even more because of what they were fighting for,” said U.S. Attorney for the Northern District of Ohio Steven M. Dettelbach. “Religious freedom is at the core of our community and nation, and those who would commit acts of violence based on a how someone prays also do violence to our American ideals.”
The John Marshall Award for Participation in Litigation is presented for superior performance in the litigation and prosecution of Randolph Linn, the Islamic Center of Greater Toledo arsonist. Award recipients include, from the U.S. Attorney’s Office for the Northern District of Ohio, Assistant U.S. Attorneys Bridget M. Brennan and Ava M. Rotell Dustin.
On Sept. 30, 2012, Linn, armed with gas cans and a handgun, set fire to the Islamic Center of Greater Toledo, the largest mosque in northwest Ohio. This horrific act resulted in more than $1.4 million in damage, displaced the congregation and a full-time elementary school for over a year, and caused a wave of fear to spread throughout the Muslim community in the region. Less than three months after the fire was set, the recipients skillfully negotiated a binding plea agreement resulting in Linn pleading guilty to damage to religious property, use of a fire to commit a felony and use of a firearm to commit a crime of violence. On April 16, 2013, Linn was sentenced to serve 20 years in prison for these hate crimes.
Assistant U.S. Attorney Ashley L. Altshuler Receives Award from Attorney General for Reentry ProgramRead the Press Release
Oklahoma City — Attorney General Eric Holder recognized 278 Justice Department employees, including Assistant U.S. Attorney Ashley L. Altshuler from the Western District of Oklahoma, with Attorney General Awards at a ceremony this morning in Washington DC. These annual awards recognize department employees and other individuals for their dedication in carrying out the mission of the Department of Justice.
"With this important event, we come together to honor some of our nation's most distinguished, dedicated, and deserving public servants," said Attorney General Holder. "The hard work and impressive achievements of these 278 award recipients have inspired their colleagues at every level of the U.S. Department of Justice – including me. Their leadership has been indispensable in defining the past year as one of historic accomplishment in the face of nearly unprecedented challenge."
"We are delighted that the Attorney General has recognized the dedicated work of AUSA Altshuler in the implementation of our Probationer and Parolee Reentry Program," said Sanford C. Coats, United States Attorney for the Western District of Oklahoma. "We are extremely proud of our reentry efforts which are specifically designed to help offenders avoid recidivism and become productive members of society."
AUSA Altshuler received an Attorney General's Award for Contribution by a New Employee for his exceptional performance in support of the DOJ Project Safe Neighborhoods, Project Sentry and Offender Reentry Initiatives. Since he was hired, AUSA Altshuler has exceptionally performed his duties in support of the Department of Justice’s Project Safe Neighborhoods, Project Sentry and offender reentry initiatives. He has taken the initiative to make reentry a priority and led these efforts in the U.S. Attorney’s Office through the creation and development of the Probationer and Parolee Reentry Program (PPREP).
The PPREP program is designed to serve three purposes: (1) To inform recently released state parolees and probationers about the coordinated effort between federal, state, and local authorities to prosecute gun offenders to the fullest extent of the law; (2) to educate them about the legal consequences of gun and drug crimes; and (3) to inspire them to seek reentry social services to better their lives and lessen the chances of recidivism. The PPREP program is a partnership between federal, state and local law enforcement agencies, including the Oklahoma County District Attorney’s Office, Oklahoma County Sheriff’s Office, ATF, DEA, FBI, Federal Bureau of Prisons, Oklahoma Department of Corrections Probation and Parole, Oklahoma City Police Department, Edmond Police Department, Midwest City Police Department, and other non-governmental entities. In addition, AUSA Altshuler has established a research partnership with a local university to study the effectiveness of the reentry program.
The inaugural PREP session was held on March 24, 2011, which targeted 100 offenders. Since that date, over two dozen P-PREP programs have been held hosting approximately 3000 state probationers and parolees.
Arrests Dismantle Craighead County Methamphetamine Trafficking OrganizationRead the Press Release
LITTLE ROCK - Christopher R. Thyer, United States Attorney for the Eastern District of Arkansas; along with David Downing, Assistant Special Agent in Charge of the Drug Enforcement Administration (DEA); Jonesboro Police Department Chief Kenton Buckner; and Craighead County Sheriff Marty Boyd announced the unsealing of a 43-count indictment charging multiple defendants in Arkansas and California, with multiple drug charges. An investigation into a large-scale drug trafficking organization based in Jonesboro resulted in the early-morning arrests of ten defendants on charges involving the distribution of methamphetamine.
“The arrests today effectively dismantled this Jonesboro-based drug trafficking organization,” stated Thyer. “We not only made arrests here in Eastern Arkansas, but also have traffickers from San Jose, California and Michigan in custody. Together, with the DEA and our federal, state and local partners in Arkansas and across the nation, we will investigate, arrest and prosecute those who seek to bring meth into our neighborhoods.”
The investigation began in February 2013. Multiple undercover operations and numerous other law enforcement actions, including multiple seizures of methamphetamine were used during the investigation. All told, the DEA seized approximately 96 pounds of methamphetamine which has an estimated street value of $1.9 million.
Through the course of the investigation, DEA learned that Joseph Farrell was a large-scale methamphetamine dealer in the Jonesboro area, selling between 5 and 15 pounds of methamphetamine per week. Farrell had sources of supply for methamphetamine in both Blytheville and San Jose, California, and Farrell occasionally received shipments of methamphetamine and marijuana from his source in California through FedEx.
The indictment, unsealed today, was handed down by a Federal Grand Jury on October 8, 2014. The indictment charges 22 defendants in 43 separate counts. The counts include conspiracy to possess with intent to distribute more than 500 grams of methamphetamine, distribution of methamphetamine, possession with intent to distribute methamphetamine, and using a communication facility in furtherance of a drug-trafficking crime. If convicted of conspiracy to distribute more than 500 grams methamphetamine, each defendant will face a sentence of not less than 10 years to life imprisonment.
The investigation was conducted by the DEA, with assistance from multiple law enforcement agencies including: the Jonesboro Police Department, the Craighead County Sheriff’s Office, Arkansas State Police, and United States Marshal Service. The case is being prosecuted by Assistant United States Attorneys Chris Givens and Benecia Moore.
An indictment contains only allegations. A defendant is presumed innocent unless and until proven guilty.
Tuesday 14 October 2014
Woodstock, Vermont’s Woodstock Inn & Resort Takes Steps to Comply with the Americans with Disabilities ActRead the Press Release
The United States Attorney’s Office for the District of Vermont announces that the Woodstock Inn & Resort, Woodstock, Vermont has agreed to complete specific modifications to come into compliance with Title III of the Americans with Disabilities Act (“ADA”). Title III of the ADA prohibits a public accommodation from denying an individual or a class of individuals, on the basis of a disability, the opportunity to participate in or benefit from the goods, services, facilities, or accommodations of an entity. Title III requires a public accommodation to remove architectural barriers to access in existing facilities where it is readily achievable to do so. The United States Attorney’s Office’s investigation began following a complaint made to the Vermont Human Rights Commission regarding the accessibility of the Woodstock Inn & Resort.
An onsite survey of the Woodstock Inn and Resort performed by United States Department of Justice architects revealed ADA compliance issues related to the parking areas, exterior routes, entrances, lobby, bars and dining areas, toilet rooms, representative guest rooms, designated accessible guest rooms, and the spa. The Woodstock Inn & Resort has remedied some of the ADA compliance issues identified and has agreed to a work schedule stating that most of ADA compliance issues identified will be addressed by the end of 2016 and all agreed to changes will be made by the end of 2019.
The Woodstock Inn & Resort’s owners recognized the obligation to address the issues identified in the onsite survey. The Woodstock Inn & Resort’s owners and their representatives are to be commended for their cooperation with the Office of the United States Attorney for the District of Vermont.
The Office of the United States Attorney for the District of Vermont worked in partnership with Tracey Tsugawa and Karen Richards of the Vermont Human Rights Commission in addressing and resolving these important civil rights issues. Assistant United States Attorney Nikolas P. Kerest, with assistance from the Disability Rights Section of the Civil Rights Division of the Department of Justice, handled this matter on behalf of the United States and is working with other Vermont businesses to resolve their ADA compliance issues. Further information on the ADA and its requirements may be found at www.ada.gov.Wichita Man Sentenced to 7+ Years for Methamphetamine TraffickingRead the Press Release
WICHITA, KAN. – A Wichita man was sentenced Tuesday to 92 months in federal prison for trafficking in methamphetamine, U.S. Attorney Barry Grissom said.
Michael Ortega-Alvarez, 46, Wichita, Kan., pleaded guilty to one count of conspiracy to possess with intent to distribute methamphetamine. In his plea, Ortega-Alvarez admitted that on April 29, 2014, he met a Wichita police officer, who was working undercover, at a Quick Trip at 6011 W. Central and sold him an ounce of methamphetamine for $1,100.
On May 6, 2014, Wichita police stopped Ortega-Alvarez’s truck at 3100 E. 31st South. Police found a pound of methamphetamine in a red and white cooler in the truck. In addition, they found two bags of methamphetamine that weighed about a pound each hidden in a brown pillow in the truck. An additional pound of methamphetamine was located at his residence.
Co-defendant Manuel Bencomo-Rodriguez is set for sentencing Jan. 5.
Grissom commended the Wichita Police Department and Special Assistant U.S. Attorney Michelle Jacobs for their work on the case.
United States Attorney Encourages Iowa Officials to Ensure Voting Equality for People with DisabilitiesRead the Press Release
United States Attorney Kevin W. Techau announced today that Iowa officials have been provided with guidance to help ensure voting equality for people with disabilities. The Justice Department recently published a new technical assistance publication about federal laws that protect the rights of voters with disabilities, including the Americans with Disabilities Act, the Voting Rights Act, the National Voter Registration Act and the Help America Vote Act. The publication, “The Americans with Disabilities Act & Other Federal Laws Protecting the Rights of Voters with Disabilities,” is intended to help election officials, poll workers and voters understand how the ADA and other federal laws ensure equality in the voting process for people with disabilities. Last week, Mr. Techau provided the new publication to all county auditors in the Northern District of Iowa.
“Our goal is to ensure there are no inaccessible polling places or voting equipment anywhere in the Northern District of Iowa,” said Mr. Techau. “I am hopeful this new guidance will help secure voting equality for all Iowans.”
“The right to vote is the foundation upon which our country is built,” said Acting Assistant Attorney General Molly Moran for the Civil Rights Division. “For too long in our history, many people with disabilities have been excluded from exercising this fundamental right and have been prevented from being a full participant in our democracy. A number of federal civil rights laws, including the Americans with Disabilities Act and the Voting Rights Act, have been put in place to address fairness in the voting process for people with disabilities. The Justice Department is fully committed to enforcing these laws to ensure that voters with disabilities are no longer discriminated against in the election process.”
The publication provides guidance about how the federal disability rights laws apply to the election process, from registration to voting. The publication discusses the need for policies, procedures, and programs to be in place to ensure that voters with disabilities are not discriminated against or illegally excluded from voting. For example, the guidance discusses local governments’ obligations under the ADA to ensure polling places are physically accessible to voters with mobility disabilities, as well as their obligation to provide effective communication with voters who have vision and hearing disabilities. Voters with disabilities must be able to access their polling place like everyone else, and vote alongside their neighbors and friends.
The “The Americans with Disabilities Act & Other Federal Laws Protecting the Rights of Voters with Disabilities” publication may be found at http://www.ada.gov/ada_voting/ada_voting_ta.pdf. Those interested in finding out more about the ADA may call the Justice Department’s toll-free ADA information line at 1-800-514-0301 (V) or 1-800-514-0383 (TTY), or visit its ADA website at www.ada.gov. ADA complaints may be filed by email to [email protected].
U.S. Attorney Luger Announces 2013 Law Enforcement Officer of the Year Awarded to Fbi Special Agent Ruth Hovey for Her Outstanding Investigative Work Fighting White Collar Crime in MinnesotaRead the Press Release
United States Attorney Andrew M. Luger today announced that Special Agent Ruth Hovey of the Federal Bureau of Investigation (FBI) is the recipient of the 2013 Law Enforcement Officer of the Year Award for her outstanding law enforcement work in the State of Minnesota. Special Agent Hovey has been an outstanding partner to the U.S. Attorney’s Office’s pursuit of justice in fraud cases for more than a decade, and her exemplary work during 2013 was consistent with her many previous accomplishments.
“The U.S. Attorney’s Office depends on excellent work by our law enforcement partners to pursue successful prosecutions,” said U.S. Attorney Luger. “It takes a particular diligence to make white collar cases like those investigated by Special Agent Hovey. On behalf of the Department of Justice and the Assistant U.S. Attorneys in my Office, as well as all of the victims for whom she has sought justice throughout her career, I am honored to present Ruth Hovey with the 2013 Law Enforcement Officer of the Year Award.”
Assistant U.S. Attorney Kimberly Svendsen said: “Special Agent Ruth Hovey is being honored today for her body of work investigating financial crimes. In the past several years she has brought her extensive skills to many significant investigations involving investment advisor fraud, working to protect the people of this country from those who would prey on them and steal their hard-earned savings. Special Agent Hovey is also a tremendous teammate and mentor to white collar prosecutors and agents alike. I have been privileged for the past several years to work with Ruth and to call her my friend, and I am pleased that she is being recognized for her hard work.”
Special Agent Hovey works primarily on white collar investigations focusing on investment fraud. She has led or played a central role in several large investigations that resulted in successful federal prosecutions. In 2013, Special Agent Hovey made invaluable contributions to multiple prosecutions, including acting as a leader on a team that investigated a number of hedge funds that placed money with Tom Petters and Petters Company, Inc., including the trial and conviction of Jim Fry, an investment manager of one of those hedge funds, in one of the most complex white collar cases in the history of the U.S. Attorney’s Office for the District of Minnesota. The defendants in these hedge fund cases lied to investors and used their money to invest in the Petters Ponzi scheme, playing an essential role in one of the largest fraud schemes in history, which resulted in catastrophic losses to the victims. The successful prosecution of this complex case required extraordinary cooperation and teamwork between the U.S. Attorney’s Office and law enforcement agents from three different agencies. With respect to the investigation, Special Agent Hovey was particularly adept at finding the needles in this massive haystack of documents and other evidence. All told, this evidence amounted to millions of pages of documents. Special Agent Hovey and the other agents interviewed hundreds of potential witnesses, resulting in nearly 12,000 pages of written memoranda of interviews.
Special Agent Hovey was also instrumental in the recent investment fraud case against Mark Holt, a securities broker, investment advisor, and now disbarred attorney, who operated a multi- million dollar fraud scheme for at least eight years. Throughout the investigation, Special Agent Hovey did an outstanding job communicating with the victims to ensure that their voices were heard by the probation officer and the sentencing court. As a result of her work, the Court received many powerful letters detailing the impact of Holt’s crimes on the victims and their families. Holt was sentenced to serve 10 years in federal prison, and ordered to pay more than $2.9 million in restitution to the victims of his scheme.
The U.S. Attorney’s Office Law Enforcement Award is presented annually to a local, state, or federal law enforcement agent, officer, or investigative team that has performed outstanding work on a significant federal case or on a series of cases. In addition, the recipient of the award must exemplify the cooperative spirit Minnesotans have come to expect from local, state, and federal law enforcement.###
Two Local Businessmen Sentenced on Multiple Federal Fraud Charges Involving Elderly Victims in St. LouisRead the Press Release
St. Louis, MO - ROBERT PALMER and MARK DRIVER were sentenced to 70 months and 30 months in prison, respectively, for defrauding numerous elderly victims of approximately $3,000,000, beginning in 2004 and continuing through 2010.
According to court documents, Princeton Partnership, LLC, was an insurance brokerage business involved in the sale of life insurance products. Princeton operated out of offices in the Hill area of St. Louis at 1928 Marconi Street (also known as 5149 Daggett Avenue). Palmer and Driver both ran the day-to-day operations of Princeton, solicited customers, marketed the company's services and had financial oversight of the company with authorization over the company's two operating bank accounts. Palmer and Driver solicited Princeton customers with the false promises that they would invest the customers' funds in suitable investments, including but not limited to, real estate, stocks and life insurance annuities. Examples of those victims include:
During 2004 Palmer solicited several members of a family who had received funds upon the death of their elderly aunt with the false representation that Princeton would place those funds in a real estate investment for the benefit of those customers. Based upon his false representations, the family members transferred some or all of those funds to Princeton.In 2005 Palmer solicited funds from an elderly individual and her family with the false representation that they would place those funds in a real estate investment for her benefit. Based on those representations the family transferred her funds to Princeton.
During 2006 through 2010 Palmer solicited investment funds from two elderly sisters with the false representations that Princeton would make suitable investments with those funds. They transferred their funds and control of their stock holdings to Princeton and, later Palmer and Driver sold and liquidated the stocks. They also persuaded one of the sisters to liquidate a life insurance policy as well and transfer the funds to Princeton.
During 2007 through 2009 Driver solicited investment funds from an elderly woman who transferred her funds, as well as control of her stock holdings, to Princeton.
In 2006, an elderly woman was solicited by Driver to invest her personally held funds in a series of life insurance annuities through Princeton. Princeton used her funds to purchase four (4) life insurance annuities. As a further part of the scheme, during in or about 2008 and 2009, at Driver's direction she liquidated three (3) of her life insurance annuities and provided those funds to Princeton based upon the false representations that the funds would be placed in suitable investments for her benefit.
Most or all of the funds transferred to Palmer, Driver and Princeton by the numerous victims were used by Palmer and Driver for their own personal uses and the general operating expenses of Princeton. Palmer and Driver also engaged in Ponzi-type transactions where they used some funds provided by new customers to pay old customers who falsely believed they were receiving the returns on their purported investments.
In all cases Palmer and Driver obtained approximately $3,000,000 from Princeton customers based upon their false representations, which they used for their own personal use and for the expenses of their company, Princeton.
Palmer, Kansas City, MO; and Driver, St. Louis, MO, pled guilty in June to two felony counts of mail fraud and two felony counts of wire fraud. They appeared today for sentencing before United States District Judge Rodney Sippel.
This case was investigated by the Federal Bureau of Investigation and the Postal Inspection Service, with assistance of the Missouri Secretary of State’s Office. Assistant United States Attorney Hal Goldsmith handled the case for the U.S. Attorney's Office.
Two Facing Federal Charges for Patterson Bank RobberyRead the Press Release
FRESNO, Calif. — Two Central Valley men are now in federal custody after a Fresno grand jury returned a two-count indictment charging them with armed bank robbery and brandishing a firearm during a crime of violence, United States Attorney Benjamin B. Wagner announced.
Juan Carlos Reyes, 24, of Tracy, and Jose Valadez Jr., 33, of Patterson, were indicted on September 18, 2014. Valadez was arrested on the day of the robbery and has been in custody since then on a state charge, which was dismissed Friday. Reyes was arrested on a federal warrant on October 11, 2014, after he was detained in Manteca by local law enforcement on suspicion of an unrelated offense.
According to the indictment, on June 19, 2014, Reyes and Valadez robbed the Wells Fargo Bank at 1035 Sperry Avenue in Patterson. Both of the men were armed, one with a handgun and the other with a sawed-off shotgun.
This case is the product of an investigation by the Federal Bureau of Investigation and the Stanislaus County Sheriff’s Department. Assistant United States Attorney Melanie L. Alsworth is prosecuting the case.
If convicted, each defendant faces a maximum statutory penalty for armed bank robbery of 25 years in prison and a $250,000 fine. The mandatory minimum statutory penalty for brandishing a sawed-off shotgun during a crime of violence is 10 years in prison with a maximum of life in prison. The mandatory minimum statutory penalty for brandishing a handgun during a crime of violence is seven years in prison with a maximum of life in prison. 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 and the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Tracy Man Enters Guilty Plea to Fraud Charges in Phantom Debt Collection CaseRead the Press Release
SACRAMENTO, Calif. —Kirit D. Patel, 71, of Tracy, pleaded guilty today to four counts of mail fraud and wire fraud, United States Attorney Benjamin B. Wagner announced.
According to court documents, Patel was the owner and president of Broadway Global Master, a company that purported to be a debt collection company. From 2010 to 2012, callers operating from outside the United States placed more than two million phone calls to consumers in which they impersonated law enforcement officers and threatened to arrest the consumers if they did not provide immediate payment for online payday loans that the callers claimed were delinquent. In most cases, the consumers did not owe delinquent loans and the callers did not have the authority to collect the debts from those who did owe any balances on payday loans. Broadway Global Master processed consumers’ payments when they eventually relented and paid the non-existent debts to avoid the continued threat of arrest. From 2010 to 2012, Patel’s company received more than $5 million in payments from consumers, most of which was immediately transferred out of the country.
This case is the product of an investigation by the United States Secret Service. Assistant United States Attorney Matthew G. Morris is prosecuting the criminal case. In April 2012, the Federal Trade Commission filed a civil lawsuit against Patel and his two companies (2:12-cv-855-JAM) alleging violations of the Federal Trade Commission Act and the Fair Debt Collection Practices Act.
Patel is scheduled to be sentenced by Judge John A. Mendez on February 10, 2015. Patel 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.