Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
Thursday 9 October 2014
Barrow County Man Sentenced to 20 Years in Federal Prison for Distributing Child PornographyRead the Press Release
GAINESVILLE, Ga. -- Jonathan Lee Whitmire has been sentenced to the statutory maximum sentence of 20 years in federal prison for distributing child pornography.
“This defendant amassed a large collection of photos and videos depicting the sexual assault of very young children,” said United States Attorney Sally Quillian Yates. “We will continue to pursue significant sentences for those who trade in the victimization of the most innocent and vulnerable among us.”
“As long as there are predators in our society who traffic in the rape of children for their perverse desires, there will be HSI special agents a few steps behind them working tirelessly to seek justice for the victims of this pernicious crime,” said Brock D. Nicholson, Special Agent in Charge of ICE Homeland Security Investigations in Atlanta. “We will follow every lead, we will pull every thread, and we simply will not stop until every depraved degenerate who distributes this filth understands we will be knocking at their door the minute they hit ‘send.’”
According to United States Attorney Yates, the criminal indictment, and information presented in court: In September 2013, Homeland Security Investigations (HSI) executed a search warrant in Cheyenne, Wyo., at the home of an individual using an international website to exchange child pornography. Investigators found that the Wyoming subject was also trading child pornography with numerous individuals using electronic mail. Based on a search of the Wyoming subject’s email accounts, HSI identified Jonathan Lee Whitmire as an individual who traded child pornography with the Wyoming subject. Subsequent searches of Whitmire’s email accounts showed Whitmire traded sexually explicit images of young children with a substantial number of other individuals using various email accounts.
In January 2014, a search warrant was executed at Whitmire’s home in Auburn, Ga. A forensic examination of electronic media found in Whitmire’s home showed that he had a large collection of images and videos of young children being sexually assaulted. The investigation also revealed that Whitmire molested at least two young girls.
Whitmire, 36, of Auburn, Ga., was sentenced by United States District Judge William C. O’Kelley to 20 years in prison to be followed by 20 years of supervised release. Whitmire was also ordered to pay a $3,000.00 fine and a $100 special assessment. The defendant will be required to register as a sex offender when he is released from prison.
Whitmire is charged with two counts of child molestation and two counts of aggravated sexual battery in Barrow County, Ga.
This case was investigated by Homeland Security Investigations, the Barrow County Sheriff’s Office, and the Barrow County District Attorney’s Office.
Assistant United States Attorney William McKinnon prosecuted the case.
This case is being 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 U.S. Attorneys’ Offices, 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 further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the home page for the U.S. Attorney’s Office for the Northern District of Georgia is www.justice.gov/usao/gan.
Bangor Man Sentenced for Misdemeanor Cocaine Possession in Acadia National ParkRead the Press Release
Contact: F. Todd Lowell
Assistant United States Attorney
Tel: (207) 945-0373Bangor, Maine: United States Attorney Thomas E. Delahanty II announced that Glenn
G. Watson, 63, of Bangor, Maine, was sentenced today in U.S. District Court in Bangor to four
months in prison and one year of supervised release and fined $1,736 for cocaine possession. He
was also ordered to pay the costs of the testing the cocaine seized from him. The defendant
pleaded guilty on August 28, 2014.
On June 24, 2014, Watson was in a vehicle parked in Acadia National Park. A ranger
approached the vehicle and smelled marijuana. The defendant admitted smoking marijuana and
having it in the vehicle and agreed to a search of the vehicle. The ranger found four grams of
cocaine in the vehicle and seized $2,001 from the defendant and the vehicle.
The case was investigated by the U.S. National Park Service.Baltimore Felon Sentenced to 10 Years in Prison for Illegal Possession of A GunRead the Press Release
Baltimore, Maryland – Chief U.S. District Judge Catherine C. Blake sentenced Deandre Murphy, age 31, of Baltimore, today to 10 years in prison, followed by three years of supervised release, for being a felon in possession of a firearm.The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge William P. McMullan of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Baltimore City State’s Attorney Gregg L. Bernstein; and Baltimore Police Commissioner Anthony W. Batts.
According to his plea agreement, Baltimore City Police officers were patrolling the Cherry Hill area of Baltimore when they saw Murphy, who was wearing a gray hooded sweatshirt. That seemed unusual to the officers since the temperature was about 90 degrees. Due to recent violence in the area, the officers approached Murphy to speak with him. As they approached from the rear, the officers saw the handle of handgun in Murphy’s pants. Murphy was not aware of the officers’ presence at that time.
One of the officers put his hand over the handle of the handgun and yelled “gun” for the protection of the other officers. Murphy struggled with the officers, but was subdued and the handgun, a .22 caliber pistol, fell from his waistband area. Murphy had previously been convicted of a felony and was prohibited from possessing a firearm.
United States Attorney Rod J. Rosenstein commended the ATF, Baltimore Police Department and Baltimore City State’s Attorney’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney A. David Copperthite, who prosecuted the case.
Attorney General Holder Statement on Federal Court Ruling Against Texas Voter Identification LawRead the Press Release
Attorney General Eric Holder released the following statement late Thursday after a federal district court ruled in favor of the Justice Department's lawsuit against Texas' voter identification law:
"We are extremely heartened by the court's decision, which affirms our position that the Texas voter identification law unfairly and unnecessarily restricts access to the franchise. Even after the Voting Rights Act was seriously eroded last year, we vowed to continue enforcing the remaining portions of that statute as aggressively as possible. This ruling is an important vindication of those efforts.
"We are also pleased that the Supreme Court has refused to allow Wisconsin to implement its own restrictive voter identification law.
"This Department will never yield in its commitment to protecting that most sacred of Americans' rights - the right to vote."
Alleged Russian Cyber-Criminal Now Charged in 40-Count Superseding IndictmentRead the Press Release
A federal grand jury in Seattle returned a second superseding indictment late yesterday charging a Russian national with 11 additional counts and further detailing his alleged scheme to hack into businesses and steal credit card information for later sale over the Internet on “carding” websites.
The now 40-count indictment alleges that Roman Valerevich Seleznev, aka “Track2,” 30, of Vladivostok, Russia, was involved in the theft and sale of more than 2 million credit card numbers.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and Acting U.S. Attorney Annette L. Hayes of the Western District of Washington made the announcement.
“The additions in this superseding indictment show how cybercriminals use the Internet not only to infiltrate and steal sensitive data, but also to teach other criminals how to navigate the credit-card selling underworld and get equipment that can be used to defraud U.S. citizens,” said Assistant Attorney General Caldwell. “The Criminal Division is committed to investigating these thefts and uncovering the methods of computer hackers to stay one step ahead of them and bring them to face justice.”
“The charges returned by the grand jury detail a criminal scheme that continued right up until Mr. Seleznev’s arrest in July,” said Acting U.S. Attorney Hayes. “As set forth in the indictment, the government expects to prove at trial that Seleznev was a leader in the marketplace for stolen credit card numbers, and even created a website offering a tutorial on how to use stolen credit card numbers to commit crime.”
The indictment charges Seleznev with 11 counts of wire fraud, nine counts of intentional damage to a protected computer, nine counts of obtaining information from a protected computer, nine counts of possession of 15 or more unauthorized access devices and two counts of aggravated identity theft. Seleznev is currently scheduled for trial on Nov. 3, 2014, and will be arraigned on the new charges sometime next week.
According to court documents, between October 2009 and October 2013, Seleznev allegedly hacked into retail point of sale systems and installed malicious software to steal credit card numbers from various businesses. Seleznev allegedly created and operated the infrastructure to facilitate the theft and sale of credit card data, used servers located all over the world to facilitate his operation, and sold stolen credit card data on a website known as “2pac.cc.”
Seleznev is also charged in a separate indictment in the District of Nevada with participating in a racketeer influenced corrupt organization (RICO) and conspiracy to engage in a racketeer influenced corrupt organization, as well as two counts of possession of 15 or more counterfeit and unauthorized access devices.
The charges contained in the indictments are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
The case is being investigated by the U.S. Secret Service Electronic Crimes Task Force, which includes detectives from the Seattle Police Department. The case is being prosecuted by Trial Attorney Ethan Arenson of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorneys Norman M. Barbosa and Seth Wilkinson of the Western District of Washington. The Office of International Affairs and the U.S. Attorney’s Office for the District of Guam provided substantial assistance in this case.
Alleged Russian Cyber-Criminal Now Charged in 40-Count Superseding IndictmentRead the Press Release
WASHINGTON – A federal grand jury in Seattle returned a second superseding indictment late yesterday charging a Russian national with 11 additional counts and further detailing his alleged scheme to hack into businesses and steal credit card information for later sale over the Internet on “carding” websites.
The now 40-count superseding indictment alleges that Roman Valerevich Seleznev, aka “Track2,” 30, of Vladivostok, Russia, was involved in the theft and sale of more than 2 million credit card numbers.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and Acting U.S. Attorney Annette L. Hayes of the Western District of Washington made the announcement.
“The charges returned by the grand jury detail a criminal scheme that continued right up until Mr. Seleznev’s arrest in July,” said Acting U.S. Attorney Hayes. “As set forth in the indictment, the government expects to prove at trial that Seleznev was a leader in the marketplace for stolen credit card numbers, and even created a website offering a tutorial on how to use stolen credit card numbers to commit crime.”
“The additions in this superseding indictment show how cybercriminals use the Internet not only to infiltrate and steal sensitive data, but also to teach other criminals how to navigate the credit-card selling underworld and get equipment that can be used to defraud U.S. citizens,” said Assistant Attorney General Caldwell. “The Criminal Division is committed to investigating these thefts and uncovering the methods of computer hackers to stay one step ahead of them and bring them to face justice.”
The superseding indictment charges Seleznev with 11 counts of wire fraud, nine counts of intentional damage to a protected computer, nine counts of obtaining information from a protected computer, nine counts of possession of 15 or more unauthorized access devices and two counts of aggravated identity theft. Seleznev is currently scheduled for trial on Nov. 3, 2014, and will be arraigned on the new charges sometime next week.
According to court documents, between October 2009 and October 2013, Seleznev allegedly hacked into retail point of sale systems and installed malicious software to steal credit card numbers from various businesses. Seleznev allegedly created and operated the infrastructure to facilitate the theft and sale of credit card data, used servers located all over the world to facilitate his operation, and sold stolen credit card data on a website known as “2pac.cc.”
Seleznev is also charged in a separate indictment in the District of Nevada with participating in a racketeer influenced corrupt organization (RICO) and conspiracy to engage in a racketeer influenced corrupt organization, as well as two counts of possession of 15 or more counterfeit and unauthorized access devices.
The charges contained in the indictments are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
The case is being investigated by the U.S. Secret Service Electronic Crimes Task Force, which includes detectives from the Seattle Police Department. The case is being prosecuted by Assistant U.S. Attorneys Norman M. Barbosa and Seth Wilkinson of the Western District of Washington and Trial Attorney Ethan Arenson of the Criminal Division’s Computer Crime and Intellectual Property Section. The Office of International Affairs and the U.S. Attorney’s Office for the District of Guam provided substantial assistance in this case.52 Members and Associates of San Bernardino Street Gang Targeted in Federal Drug Trafficking IndictmentRead the Press Release
RIVERSIDE, California – After a federal grand jury issued a 90-page indictment, federal and state authorities today arrested 21 of 52 defendants linked to San Bernardino's largest gang on narcotics-trafficking charges that allege numerous transactions involving methamphetamine and heroin.
The indictment, which was unsealed this morning, targets members and associates of the West Side Verdugo gang, who are charged with trafficking methamphetamine and heroin in San Bernardino and various California prisons, where members of the gang and gang affiliates linked to the Mexican Mafia are incarcerated. The indictment outlines how some of the proceeds generated by narcotic sales were funneled to members of the Mexican Mafia prison gang.
All 52 defendants named in the indictment are charged with conspiracy to distribute and to possess with intent to distribute methamphetamine and heroin. Seven of the defendants are also charged in drug distribution counts involving methamphetamine and heroin.
The conspiracy count in the indictment details hundreds of “overt acts” that begin in the summer of 2010 and continue into 2012. The overt acts describe numerous drug deals, the smuggling of drugs into state prison facilities and seizures of drugs by law enforcement that in one case was well over one-half pound of methamphetamine
In addition to the sale of narcotics, the indictment alleges that members of West Side Verdugo collected "taxes" from drug dealers who were allowed to operate in gang territory – for example, the 7th Street Park -- in exchange for sharing some of the drug proceeds with the gang.The 21 defendants taken into custody today are expected to be arraigned on the indictment this afternoon in United States District Court in Riverside.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until proven guilty in court.
The conspiracy count in the indictment, which charges all 52 defendants, carries a mandatory minimum sentence of 10 years and a statutory maximum penalty of life in federal prison.
In addition to the 21 people arrested today, 22 were already in custody on unrelated charges. Authorities are continuing to look for 8 people who are charged in the indictment and a summons will be issued for one defendant.
This case is the product of an investigation by the FBI, the San Bernardino Sheriff's Department, the San Bernardino Police Department and the California Department of Corrections and Rehabilitation. The San Bernardino County District Attorney's Office provided substantial assistance.
Personnel from a number of law enforcement agencies assisted during today's operation, including the San Bernardino Department of Probation; the Los Angeles Police Department; the Los Angeles County Sheriff's Department; the California Highway Patrol; the Drug Enforcement Administration; and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Release No. 14-135
Wednesday 8 October 2014
Woman from Dominican Republic Convicted of Using Phony Passport to Re-Enter United StatesRead the Press Release
NEWARK, N.J. – A citizen of the Dominican Republic was convicted at trial today of several crimes related to her effort to re-enter the United States with a phony passport, U.S. Attorney Paul J. Fishman announced.
Angela De Jesus-Concepcion, 35, of New York, was convicted of all three counts of the indictment against her: false claim of U.S. citizenship, use of a U.S. passport obtained by false statement, and aggravated identity theft. Following a one week trial before U.S. District Judge William Walls, the jury deliberated one hour before returning the guilty verdicts.
According to documents filed in this case and the evidence at trial:
On March 17, 2012, De Jesus-Concepcion attempted to enter the United States at Newark Airport from the Dominican Republic. At CBP passenger processing she presented a United States passport bearing the name of an identity theft victim and De Jesus-Concepcion’s photograph. She also filled out a customs declaration using the victim’s name and the number of the passport that she was carrying. Customs and Border Protection conducted a secondary inspection and found a New Jersey driver’s license bearing the victim’s name and De Jesus-Concepcion’s photograph along with a Visa debit card in De Jesus-Concepcion’s own name. At trial, it was proven that the passport being carried by De Jesus-Concepcion had been obtained using an earlier version of the New Jersey driver’s license bearing the victim’s name and De Jesus-Concepcion’s photograph and a replacement naturalization certificate, also bearing the victim’s name and De Jesus-Concepcion’s photograph.
The count of false claim of citizenship carries a maximum potential penalty of three years in prison. The count of use of a passport obtained by false statement carries a maximum potential penalty of 10 years in prison. The count of aggravated identity theft carries a maximum potential penalty of two years in prison, consecutive to any sentence imposed on the other two counts. Sentencing is scheduled for Jan. 6, 2015.
U.S. Attorney Fishman credited officers of U.S. Customs and Border Protection, under the leadership of Robert E. Perez, director of New York Field Operations, for the investigation leading to today’s conviction. He also thanked the Department of State, Diplomatic Security Service, for its investigation.
The government is represented Assistant U.S. Attorneys Sara F. Merin of the General Crimes Unit and Shirley U. Emehelu of the Economic Crimes Unit in Newark.
14-364
Defense counsel: Kathleen Theurer Esq., Jersey City, N.J.De Jesus-Concepcion, Angela Superseding Indictment
Violent Felon Sentenced to 88 Months in Prison for Illegal GunRead the Press Release
BATON ROUGE, LA - United States Attorney Walt Green announced today that Chief U.S. District Judge Brian A. Jackson sentenced DEMETRICE D. JOHNSON, age 31, of Baton Rouge, Louisiana, to 88 months in prison and three years of supervised release after prison. This sentence is based on his conviction for possessing a firearm as a convicted felon.
JOHNSON pled guilty in June 2014 after being indicted by a federal grand jury. In November 2013, JOHNSON was arrested by the Baton Rouge City Police after he allegedly fired a .45 caliber handgun several times into a vehicle occupied by an adult and three children. As a convicted felon, JOHNSON’s mere possession of the firearm is a federal crime. However, his use of the weapon increased his sentencing exposure, resulting in today’s sentence.
U.S. Attorney Green stated: “We will continue to assist and work with our federal, state, and local partners to reduce gun violence in Baton Rouge and throughout the rest of the Middle District of Louisiana. A large part of our role is the aggressive prosecution of felons who possess and use firearms in violation of federal law. Our relentless pursuit of those cases will continue.”
This matter was investigated by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Baton Rouge City Police. This matter is being prosecuted by Assistant United States Attorney Lyman E. Thornton III.
Vian Man Sentenced to 51 Months for Maintaining Drug Involved PremisesRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that CLIFFORD PERKINS JR., age 43, of Vian, Oklahoma, was sentenced to 51 months imprisonment for Maintaining Drug Involved Premises, in violation of Title 21, United States Code, Section 856.
The charge arose from an investigation by the Sallisaw Police Department, District 27 District Attorney’s Drug Task Force, Bureau of Indian Affairs and the Drug Enforcement Administration. The defendant was indicted in August, 2013 and pled guilty in March, 2013.
The Indictment alleged that from on or about August 1, 2012 until Indicted, the defendant, did knowingly and intentionally maintain a place at 307 Dennis Street, Vian, Oklahoma, within the Eastern District of Oklahoma, for the purpose of distributing, manufacturing and using methamphetamine, a Schedule II Controlled Substance.
The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in the custody of the United States Marshal Service pending transportation to the designated federal prison at which he will serve his nonparolable sentence.
Assistant United States Attorney Dean Burris represented the United States.
Vian Man Sentenced to 46 Months for Maintaining Drug Involved PremisesRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that JAMI STALEY, a.k.a. Kountry, age 31, of Vian, Oklahoma, was sentenced to 46 months imprisonment for Maintaining Drug Involved Premises, in violation of Title 21, United States Code, Section 856.
The charge is a result of an investigation by the Sallisaw Police Department, the Bureau of Indian Affairs and the Drug Enforcement Administration. The defendant was indicted in August, 2013.
The Indictment alleged that during the period of on or about August 1, 2012 until Indicted, the defendant, did knowingly and intentionally maintain a place at 307 Dennis St., Vian, Oklahoma, within the Eastern District of Oklahoma, for the purpose of distributing, manufacturing and using methamphetamine, a Schedule II Controlled Substance.
The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in the custody of the United States Marshal Service pending transportation to the designated federal facility at which he will serve his nonparolable sentence.
Assistant United States Attorney Dean Burris represented the United States.
Vanderwagon Man Sentenced to Fourteen Years for Federal Child Sex Abuse ConvictionRead the Press Release
ALBUQUERQUE – Darryle R. Dennison, 25, an enrolled member of the Navajo Nation who resides in Vanderwagon, N.M., was sentenced this morning to 14 years in prison followed by ten of supervised release for his aggravated sexual abuse conviction. Dennison will be required to register as a sex offender after he completes his prison sentenced.
Dennison’s sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, and Director John Billison of the Navajo Nation Division of Public Safety.
Dennison was arrest on June 7, 2013, on a criminal complaint alleging that he sexually abused a child less than 12 years old on June 4, 2013, in a location within the Navajo Indian Reservation, in McKinley County, N.M. On March 18, 2014, Dennison pled guilty to a felony information charging him with aggravated sexual abuse and admitted engaging in a sexual act with a child under the age of 12 years.
This case was investigated by the Gallup office of the FBI with assistance from the Crownpoint office of the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorneys Glynette R. Carson McNabb and Presiliano A. Torrez.
The case was brought pursuant to Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Utah Sex Offender Living in Turtle Creek Sentenced to Prison for Failing to Register in PARead the Press Release
PITTSBURGH – An Allegheny County resident has been sentenced in federal court to 13 months incarceration, to be followed by five years of supervised release, of which the first six months will be served at Renewal, Inc. on his conviction of failing to register as a convicted sex offender, United States Attorney David J. Hickton announced today.
United States District Judge Nora Barry Fischer imposed the sentence on Kevin McCree, at 31, formerly of Turtle Creek, Pa.
According to information presented to the court, McCree was required to register under the Sex Offender Registration and Notification Act after having been convicted in 2007 in the state of Utah of the felony sex offenses of Enticing a Minor Over the Internet and Dealing in Material Harmful to a Minor. Between in and around March 2013, and Dec. 10, 2013, McCree traveled in interstate commerce and knowingly failed to register and update a registration, as required by the Sex Offender Registration and Notification Act.
Assistant United States Attorney Amy L. Johnston prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the United States Marshals Service for the investigation leading to the successful prosecution of McCree.
Union County, N.J., Man Sentenced to More Than 10 Years in Prison for Distributing Images of Child Sexual AbuseRead the Press Release
NEWARK, N.J. - A Union County, New Jersey, man was sentenced today to 121 months in prison for distributing images of child sexual abuse over the Internet, U.S. Attorney Paul J. Fishman announced.
Carl Tullis III, 50, of Plainfield, New Jersey, previously pleaded guilty before U.S. District Judge Faith S. Hochberg to Count One of an indictment charging him with distribution of child pornography. Judge Hochberg imposed the sentence today in Newark federal court.
According to documents filed in this case and statements in court:
Tullis admitted that on March 26, 2011, he made available for others to download via an online peer-to-peer, file-sharing network images and videos of child sexual abuse that were stored on his home computer. An undercover FBI agent successfully downloaded from Tullis multiple images and videos of child sexual abuse via the file sharing network. A subsequent search of Tullis’ computers and computer accessories revealed that he:- 1,634 images of child sexual abuse
- 1,420 videos of child sexual abuse
- Multiple images and videos of child pornography involving sadistic or masochistic conduct and bestiality
- Multiple images and videos of child sexual abuse involving infants
As part of his guilty plea, Tullis agreed to forfeit the computers and computer accessories he used to commit the offense. He will also be required to register as a sex offender.
In addition to the prison term, Judge Hochberg sentenced Tullis to five years of supervised release and pay restitution of $8,000 to each of two victims.
U.S. Attorney Fishman credited special agents of the FBI’s Child Exploitation Task Force, under the direction of Special Agent in Charge Aaron T. Ford in Newark, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorneys Francisco J. Navarro and Courtney M. Oliva of the U.S. Attorney’s Office General Crimes Unit in Newark.
14-366Defense counsel: Brian Neary Esq., Hackensack, New Jersey
Two Pewaukee, WI Men Charged with Bank Fraud and Concealing AssetsRead the Press Release
United States Attorney James L. Santelle of the Eastern District of Wisconsin announced that on Tuesday, October 7, 2014, the grand jury returned a sixteen count indictment charging Todd A. Brunner (age 57), and Shawn A. Brunner, (age: 24), both of Pewaukee, Wisconsin with bank fraud in violation of Title 18, United States Code, Section 1344; and false declarations and oaths, and concealing assets in bankruptcy, in violation of Title 18, United States Code, Section 152.
T. Brunner is charged in counts one through eight of the indictment, which allege that he submitted false documents in support of draw requests from a construction loan funded by First Business Bank of Milwaukee. Counts nine through eleven allege T. Brunner transferred the ownership of assets, including real estate, motor vehicles, and boats to his son, S. Brunner, and to shell companies in order to shield them from his creditors. Count twelve alleges that T. Brunner concealed boat engines, superchargers and gauges from the bankruptcy court and his creditors during bankruptcy proceedings. Counts thirteen and fourteen allege that T. Brunner made materially false declarations and verifications under penalty of perjury in his bankruptcy proceedings. Count fifteen alleges that T. Brunner made a false oath and account at a creditor meeting in bankruptcy. S. Brunner is charged with bank fraud along with his father in counts nine through eleven, and separately, in count sixteen, with a false account and oath at a bankruptcy proceeding.
In announcing the indictment, United States Attorney Santelle commented: “The nature and scope of the charges issued by the grand jury reflect the substance and the breadth of the criminal conduct in which the defendant allegedly engaged—including bank fraud, the concealment of assets, and the making of false statements in the context of bankruptcy proceedings. These behaviors not only compromise the strength of our financial institutions and banking systems but also undermine the legitimate and important processes of the United States Bankruptcy Court.” Santelle specially commended the Federal Bureau of Investigation, the Internal Revenue Service, the Department of Housing and Urban Development, and the Milwaukee Police Department for “their partnered, focused, and effective investigation of this multi-faceted fraud.”
If convicted of the bank fraud counts, each defendant faces up to 30 years in prison, a $1,000,000 fine, and up to five years supervised release for each count. If convicted of the false declarations and oaths and concealment in bankruptcy, each defendant faces up to five years in prison, a $250,000 fine, and up to three years of supervised release on each count.
The case was investigated by the Federal Bureau of Investigation, the United States Department of Housing and Urban Development-Office of Inspector General, Internal Revenue Service Criminal Investigation, and the Milwaukee Police Department. The case is being prosecuted by Assistant United States Attorney Carol L. Kraft.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
Two Illegal Aliens Charged with Immigration ViolationsRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania and the U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO), announced that separate criminal charges were filed yesterday in U.S. District Court in Harrisburg against two illegal aliens.
Oscar Elena-Gutierrez, age 43, was charged in a one-count information. The information alleges that Elena-Gutierrez, a Mexican citizen, entered the United States unlawfully and was found in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers.
If convicted, Elena-Gutierrez faces a maximum sentence of up to 6 months imprisonment and a $5,000 fine.
Ismael Bustillo-Barahona, age 41, was charged in a one-count information alleging that Bustillo-Barahona, a citizen of Honduras, entered the United States and was found in York County, Pennsylvania after eluding examination or inspection by immigration officers.
If convicted, Bustillo-Barahona faces a maximum sentence of up to 6 months’ imprisonment and a $5,000 fine.
The investigations were conducted by the U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) and are being prosecuted by Special Assistant United States Attorney Alice Song Hartye.
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.
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.
Tuba City Man Sentenced to 5 Years in Prison for Attempted RobberyRead the Press Release
PHOENIX – On Oct. 7, 2014, Windfield William Yazzie, 33, of Tuba City, Ariz., was sentenced by U.S. District Judge David G. Campbell to five years imprisonment. Yazzie pleaded guilty on June 30, 2014 to attempted robbery.
On Feb. 25, 2014, Yazzie brandished what appeared to be a firearm in an attempt to rob the victim on the Navajo Nation, but the victim was able to escape before the robbery was completed.
The investigation in this case was conducted by the Federal Bureau of Investigation and the Navajo Nation Division of Public Safety. The prosecution was handled by Dimitra H. Sampson, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-14-8059-PCT-DGC
RELEASE NUMBER: 2014-059_YazzieFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Temple Couple Sentenced to Federal Prison for Postal Theft Scheme Involving in Excess of 50,000 Pieces of United States MailRead the Press Release
More than 2,000 individuals victimized as a result of the defendants' scheme
In Waco today, 39-year-old Charles Hattenbach and 29–year-old Kathryn Hubbert were sentenced to 81 months and 48 month in federal prison, respectively, for a postal theft scheme involving more than 50,000 pieces of mail and over $500,000 in other U.S. Government property from U.S. Post Offices in approximately 80 cities and towns across Texas announced U.S. Attorney Robert Pitman and U.S. Postal Inspection Service (USPIS) Inspector in Charge Robert Weymss, Houston Division.
In addition to the prison terms, United States District Judge Walter S. Smith, Jr., ordered the defendants to pay $103,720 restitution. Judge Smith also ordered that Hattenbach and Hubbert pay a $6,000 fine and $5,000 fine, respectively, and be placed on supervised release for a period of five years after completing their prison terms.
In July, Hattenbach pleaded guilty to one count of conspiracy to steal mail, one count of bank fraud, one count of theft of Government property and three counts of aggravated identity theft. In June, Hubbert pleaded guilty to one count of conspiracy to steal mail, one count of bank fraud, one count of theft of Government property and two counts of aggravated identity theft.
According to court records, from December 2013 until March 2014, the defendants conspired to steal U.S. mail and other Government property by breaking into U.S. Post Offices and blue mail receptacle boxes located outside of post offices in an area stretching from Midland to College Station and from Dallas to San Antonio. The defendants stole credit cards, personal checks, business checks, money orders, postage, W-2s, tax returns, items which contained personal identifying information, cash, gift cards and other items belonging to more than 2,000 victims.
The defendants also devised a scheme to defraud several financial institutions, including Extraco Bank in Round Rock, TX, by endorsing and depositing stolen money orders and checks. The defendants subsequently withdrew the deposits causing the financial institutions to lose more than $80,000. The defendants also activated numerous credit cards using victims’ personal identifying information, including names, social security numbers and driver’s license numbers and dates of birth, which they had previously stolen from the mail.
The defendants targeted United States Post Offices, collection boxes, parcel lockers and post office boxes in the following cities and towns: Alvarado, Austin (Balcones, Bluebonnet, Main, McNeil, Mockingbird, Northcross, South Campus, Southeast, and Town North branches), Bangs, Belton, Blanket, Brenham, Bryan, Buchanan Dam, Buckholts, Burton, Cameron, Campbellton, Carmine, Cedar Park, Chapel Hill, Clifton, Coleman, College Station, Colorado City, Copperas Cove, Corpus Christi (Gulfway branch), Dripping Springs, Early, Elgin, Florence, Gause, Georgetown, Gustine, Harker Heights, Hearne, Heidenheimer, Hewitt, Hillsboro, Holland, Hutto, Jerrell, Jonesboro, Kemper, Killeen, Lampasas, Lawn, Leander, Ledbetter, Liberty Hill, Lockhart, Loraine, Lorena, May, McDade, Meridian, Merkel, Midland, Milano, Millican, Mound, Navasota, Nolanville, Novice, Paige, Pendleton, Pflugerville, Red Oak, Rising Star, Roby, Rockport, Rogers, Rosebud, Round Rock, Salado, San Angelo, San Marcos, Santa Anna, Sinton, Sterling City, Sweetwater, Taylor, Temple, Thorndale, Treat, Troy, Tye, Valley Mills, Waco (Highlander and Woodway branches), Walnut Springs, Washington and Weir.
“The Postal Inspection Service has sought those who steal mail for hundreds of years. The ability to use the mail in a safe and secure manner is at the core of the Postal Inspection Service's mission,” stated USPIS Inspector in Charge Robert Weymss.
This case resulted from an investigation conducted by USPIS and the Bell County Organized Crime Task Force (BCOTF). The BCOTF is comprised of investigators from the United States Marshals Service, Bell County Sheriff’s Office and police departments from Temple, Belton, Killeen, Copperas Cove and Harker Heights. Assistant United States Attorney Greg Gloff prosecuted this case on behalf of the Government.
Tax and Social Security Check Thief SentencedRead the Press Release
Boston - A former Worcester resident was sentenced in U.S. District Court in Worcester today for leading a scheme to steal and launder over $100,000 in government money.
Marvin Lubin, 22, was sentenced by U.S. District Court Judge Timothy S. Hillman to one year and one day in prison, three years of supervised release, and was ordered to pay $110,299 in restitution to the federal government. In April 2014, Lubin pleaded guilty to theft of government money.
In early 2013, Lubin and a Florida man, Sniders Jean-Jacques, recruited couriers to open bank accounts in the name of sham businesses. Social Security benefits and IRS tax refund payments, all illegally obtained using stolen identities, were then deposited to the accounts. At the direction of Lubin and Jean-Jacques, cash was immediately withdrawn following each deposit and delivered by the couriers as instructed. All of the money involved represents funds stolen from the United States government.
On October 10, 2013, during the execution of a search warrant of Lubin’s home, law enforcement agents recovered evidence including a debit card associated with one of the sham business bank accounts and a list of 375 names with dates of birth and Social Security numbers. Law enforcement agents interviewed Lubin, who admitted to his role in this scheme.
Five others have pleaded guilty in connection with this scheme, including Jean-Jacques; couriers Juanita Hall, Natalia Santana, and Shantelle Smith; and Emeline Lubin, Lubin’s sister, who stole names and Social Security numbers from her then employer, Tufts Health Plan, and supplied the stolen information to Jean-Jacques for use in the scheme.
United States Attorney Carmen M. Ortiz; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; William P. Offord, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; Lisa A. Quinn, Special Agent in Charge of the U.S. Secret Service; Phillip Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of the Inspector General, Office of Investigations; and Worcester Police Chief Gary J. Gemme, made the announcement today. The case was prosecuted by Special Assistant U.S. Attorney Timothy Landry of Ortiz’s Major Crimes Unit.
Street Gang Members Charged with Drug Conspiracy, Firearms Violations, Carjacking, and Violent Crime in Aid of Racketeering ActivityRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Hugo J. Barrera, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Division, and Manuel Orosa, Chief, Miami Police Department (MPD), announce charges against 21 members and associates of the Big Money Team, a street gang operating in the Little Havana and Allapattah neighborhoods of Miami. The second superseding indictment includes charges of conspiracy to possess and possession of controlled substances with intent to distribute, in violation of Title 21, United States Code, Sections 841 and 846, possession of firearms in furtherance of drug trafficking and violent crime, in violation of Title 18, United States Code, Section 924, firearm and ammunition possession by convicted felons, in violation of Title 18, United States Code, Sections 922 and 924, carjacking, in violation of Title 18, United States Code, Section 2119, and commission of violent crime in aid of racketeering, in violation of Title 18, United States Code, Section 1959.
The following 17 individuals are charged in the second superseding indictment: Maurin Chacon a/k/a “Tiny,” a/k/a “Peludo,” a/k/a “Yung Patron,” 27; Christopher Altamirano a/k/a “Tango,” a/k/a “”Peter Baitz,” 22; Rodolfo Portela a/k/a “Papo L. Desperado,” 29; Dayaan Zerquera a/k/a “Dsbf BMT Kid,” 24; Raymond Moore a/k/a “Flaco,” a/k/a “Dinero Banks,” a/k/a “Young Gunna,” 22; Alioth Salas, a/k/a “Ali,” 27; Luis Salas a/k/a “Chico Black,” 22; Christian Ramirez a/k/a “Joker,” 31; Joseph Thompson a/k/a “Joe,” 29; Carlos Tinoco a/k/a “C-Lo,” 22; James Dixon a/k/a “Smoke,” 20; Steven Castro a/k/a “YM Stevo,” 23; Dwight Forte, 22; Jay Anthony Flores a/k/a “Jay Gambino,” 19; Joel Diaz a/k/a “Borie,” a/k/a “El Paisa,” and a/k/a “Buom Clock,” 25; Fernando Roberto Darce a/k/a “Bonesz,” 20; and Mario Balboa, 29; all of Miami.
According to the second superseding indictment, these 17 defendants and co-defendants Nadim Guzman, 21, Angel Martinez, a/k/a “Telly,” a/k/a “Tboy,” 22, Kevin Diaz, 19, and Miguel Rodriguez, a/k/a “Fat Boy,” a/k/a “Barba,” 19, each of Miami, were members or associates of the “Big Money Team,” a street gang that engaged in violent crime, such as, robbery, assault, directed prostitution, armed street-level drug trafficking and obstruction of justice.
As alleged in the second superseding indictment, Big Money Team enriched its members and associates through, among other things, robbery, prostitution, and distribution of controlled substances, such as crack cocaine, Molly, and marijuana; preserving and protecting the power, territory, and profits of the gang through assault, obstruction of justice, intimidation, violence, and threats of violence; and keeping victims and witnesses in fear of the gang members and associates through threats of violence and violence.
Additionally, defendant Luis Salas is charged with one count of carjacking on or about May 31, 2014.
Co-defendants Nadim Guzman, Angel Martinez, and Kevin Diaz charged by a prior indictment on June 13, 2014, previously pled guilty to charges of conspiracy to possess controlled substances with intent to distribute, in violation of Title 21, United States Code, Section 846. Co-defendant Miguel Rodriguez, also charged by the prior indictment, previously pled guilty to charges of conspiracy to possess and possession of controlled substances with intent to distribute, in violation of Title 21, United States Code, Sections 841 and 846. Sentencing for Nadim Guzman is scheduled for October 15, 2014, before U.S. District Judge Kathleen M. Williams. Sentencing for Miguel Rodriguez, Kevin Diaz, and Angel Martinez is scheduled for December 2, 2014, also before Judge Williams. Defendants Nadim Guzman, Angel Martinez, and Kevin Diaz each face up to 40 years in prison, to be followed by up to five years of supervised release. Defendant Miguel Rodriguez faces up to 200 years in prison, to be followed by up to five years of supervised release.
Co-Defendants Maurin Chacon, Christopher Altamirano, Rodolfo Portela, Dayaan Zerquera, Raymond Moore, Christian Ramirez, and James Dixon, originally charged by a prior indictment on June 13, 2014, are scheduled for trial commencing on December 1, 2014, before Judge Williams.
Defendants Carlos Tinoco, Luis Salas, Fernando Roberto Darce, Steven Castro, Jay Anthony Flores and Dwight Forte made their initial appearances before U.S. Magistrate Judge Goodman. Defendant Joseph Thompson is expected to make his initial appearance next week before U.S. Magistrate Judge Alicia M. Otazo-Reyes. Defendants Alioth Salas, Joel Diaz and Mario Balboa remain at large.
If convicted, each of the defendants faces up to life in prison for conspiring to possess controlled substances with intent to distribute. Defendant Maurin Chacon, Christopher Altamirano, Rodolfo Portela, Dayaan Zerquera, Raymond Moore, Christian Ramirez, and James Dixon face up to twenty years in prison for possession of controlled substances with intent to distribute. Defendant Maurin Chacon, Christopher Altamirano, Rodolfo Portela, Dayaan Zerquera, Christian Ramirez, Joseph Thompson, Carlos Tinoco, Dwight Forte, and Joel Diaz face up to life in prison for possession of firearms in furtherance of drug trafficking or violent crime. Defendants Maurin Chacon and Dayaan Zerquera face up to ten years in prison for firearm and ammunition possession by convicted felons. Defendants Rodolfo Portela and Joseph Thompson face up to life in prison for firearm and ammunition possession by convicted felon armed career criminals. Defendants Maurin Chacon, Christopher Altamirano, Joseph Thompson and Dwight Forte faces up to twenty years in prison on the commission of violent crime in aid of racketeering charge. Defendant Luis Salas faces up to fifteen years in prison on the carjacking charge.
U.S. Attorney Wifredo Ferrer stated, “Today’s charges are possible because of the continued cooperation between federal and local law enforcement to combat gang-related crime in our communities. The arrest of these defendants represents a significant victory to the residents of Little Havana and Allapattah, as we have effectively removed eighteen members and associates of the violent street gang, ‘Big Money Team.’ We will continue to prosecute individuals whose violent criminal conduct and brazen threats paralyze neighborhoods with fear as federal law, including the Violent Crime in Aiding and Abetting Racketeering statute, charged today, provides stiff penalties for repeat offenders, drug traffickers, and firearm violators. Our office is proud of this collaborative relationship and looks forward to many more operations – like this one – aimed at making our communities safer.”
“Today’s arrests demonstrates law enforcement’s commitment to dismantle violent drug trafficking gangs that are affecting the quality of life of our law abiding citizens in the community. The key to this fight is bringing the resources of all levels of government to empower law enforcement to target organized groups of violent criminals with enhanced punishment and criminal penalties through the utilization of federal statutes, such as, the Violent Crime in Aiding and Abetting Racketeering statute. This sends a clear message that our community will not tolerate the heinous activity perpetrated by gangs like Big Money Team, and evidences our commitment to work together to dismantle violent street gangs,” stated Hugo Barrera, Special Agent in Charge, ATF, Miami Field Division.
Chief of Police Manuel Orosa stated, “I am committed to improving the neighborhood of Little Havana and ridding it of thugs and drug dealers. This community is special to me because it is the neighborhood I grew up in.”
Mr. Ferrer commended the investigative efforts of ATF and the MPD Gang Intelligence Detail through their participation in the Miami-Dade County Multi-Agency Gang Task Force. Mr. Ferrer also thanked Miami-Dade Police Department’s Robbery Bureau and Street Gang Section, MPD’s Little Havana Problem Solving Team, MPD’s Robbery Unit, Miami-Dade Corrections and Rehabilitation Department’s Security Threat Group Unit, Miami-Dade State Attorney’s Gang Strike Force, the U.S. Marshals Service, the Homestead Police Department, the Miami-Beach Police Department and the Florida Department of Law Enforcement for their assistance in the investigation and arrests of the defendants. This case is being prosecuted by Assistant U.S. Attorneys Ignacio J. Vàzquez, Jr. and Ilham Hosseini.
An indictment is merely an allegation, and every defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Attachment:
BMT Second Superseding Indictment (PDF)
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Spokane Man Sentenced to Fifteen Years in Federal Prison for Receipt of Child Pornography ImagesRead the Press Release
Spokane –Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Timothy Joseph Carlson, age 58, of Spokane, Washington, was sentenced today after having previously pleaded guilty on August 8, 2014 to Receipt of Child Pornography. Senior United States District Judge Justin L. Quackenbush sentenced Carlson to a fifteen year term of imprisonment, to be followed by a life term of court supervision after he is released from Federal prison. In addition, Carlson will be required to register as a sex offender.
According to court records, between May 2009 through November 15, 2013, Carlson received child pornography images using the Internet. Following an investigation by the Federal Bureau of Investigation (FBI) concerning a foreign website used to distribute child pornography, law enforcement officers executed a search warrant at Carlson’s residence in Spokane on November 15, 2013. During the search of his residence, Carlson admitted to FBI Special Agents that he had knowingly received and traded images of child pornography over the internet. The FBI’s subsequent forensic examination digital media and a computer seized from Carlson’s residence revealed numerous child pornography images.
Michael C. Ormsby said, “Prosecuting offenders who are receiving child pornography is a priority of the United States Attorney’s Office in the Eastern District of Washington. This Office, together with its Federal and state law enforcement partners, is and will continue to be committed to prosecuting aggressively and seeking appropriate punishment for child pornography crimes.”
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. The Project Safe Childhood Initiative (“PSC”) has five major components:
- Integrated federal, state, and local efforts to investigate and prosecute child exploitation cases, and to identify and rescue children;
- Participation of PSC partners in coordinated national initiatives;
- Increased federal enforcement in child pornography and enticement cases;
- Training of federal, state, and local law enforcement agents; and
- Community awareness and educational programs.
For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
This investigation was conducted by the Federal Bureau of Investigation and the Spokane Police Department. The case was prosecuted by James A. Goeke, an Assistant United States Attorney for the Eastern District of Washington.CR-14-00072-JLQ
Sex Offender to Serve 40 Years in Prison Producing Child Porn of ToddlerRead the Press Release
Oklahoma City, Oklahoma – Today, ANTHONY RAY SACKETT, 35, of Norman, Oklahoma, was sentenced by United States District Judge Joe Heaton to serve 40 years in federal prison for producing child pornography, announced Sanford C. Coats, United States Attorney for the Western District of Oklahoma.
On January 31, 2014, Sackett engaged in sexually explicit conduct with an approximately two-year-old child and took pictures and made videos of it with his cell phone. Sackett then swapped the images with others during child pornography trading sessions using the cell phone application, Kik. At the time of his offense, Sackett was a registered sex offender due to a 2002 Cleveland County conviction for possession of child pornography. He also had a 2011 Cleveland County conviction for failure to register as a sex offender.
Today, Judge Heaton sentenced Sackett to serve 40 years in federal prison. After serving his prison term, Sackett must serve 10 years of supervised release and will be required to register as a sex offender for the remainder of his life.
This case is the result of an investigation by ICE Homeland Security Investigations and the Los Angeles County Sheriff’s Department in California. The case was prosecuted by Assistant U.S. Attorney Brandon Hale.
Rogers County Jail Inmate Sentence for Making Threat to the President of the United StatesRead the Press Release
TULSA, Okla. — United States District Judge John E. Dowdell sentenced Hunter Lee Hines, 19, of Claremore, to serve six months to run concurrent with his undischarged term of imprisonment in Rogers County for unrelated convictions, to be followed by three years of supervised release, for threatening the life of the President of the United States, announced Danny C. Williams Sr., United States Attorney for the Northern District of Oklahoma.
“Regardless of who makes the threat or how the threat is communicated, whether it is a mailed letter, a phone call, or via social media, the threat against the President’s life will be taken seriously by law enforcement,” said Williams. “I commend the Rogers County Jail for quickly notifying the U.S. Secret Service about the contents of the threatening letter.”
According to court documents, Hines admitted that on December 15, 2013, he wrote and mailed a life threatening letter to the President of the United States. On February 5, 2014, a Federal grand jury charged Hines by Indictment for threatening to kill, kidnap or inflict bodily harm on the President. Hines pleaded guilty on July 7, 2014.
The case was investigated by the U.S. Secret Service and Assistant U.S. Attorney Gary L. Davis II prosecuted on behalf of the United States.
Raceland Man, Johnny Smith, Sentenced to 24 Years for Sexual Exploitation of Chldren and Possessing Child PornographyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JOHNNY SMITH, age 43, a resident of Raceland, Louisiana, was sentenced today after previously pleading guilty to the sexual exploitation of children and possession of images depicting the sexual victimization of children under the age of twelve-years-old.
U.S. District Judge Sarah S. Vance sentenced SMITH to 292 months imprisonment, followed by a lifetime of supervised release. In addition, SMITH will have to register as a sex offender. A restitution hearing has been scheduled for December 10, 2014.
According to the court documents, after a lengthy investigation Federal Bureau of Investigation (“FBI”) special agents executed a search warrant on SMITH’S home on July 23, 2013, during which they seized several items of electronic evidence. During a review of the evidence, agents found videos SMITH recorded in which he engaged in sexually explicit conduct with a three-year-old girl. SMITH recorded the videos between about May 12, 2013, and June 23, 2013. Agents also found approximately seven videos of seventeen images depicting children under the age of twelve engaged in sexually explicit conduct that SMITH had downloaded and saved to his computer.
U.S. Attorney Polite stated, “Today’s sentence of 24 years imprisonment is most appropriate, given that Mr. Smith engaged in, and made video recordings of, sex acts with a three-year-old. Our Office will remain vigilant in bringing to justice all those who create and circulate these hideous depictions of the sexual exploitation of children.”
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.”
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant United States Attorney Jordan Ginsberg is in charge of the prosecution.
Omaha Man Previously Convicted of Murder Earns His Third Stroke by Committing Bank Robbery in Sioux CityRead the Press Release
An Omaha man was sentenced to life imprisonment when, in a case of first impression, his conviction for unpremeditated murder in an Army court-martial was determined to qualify as a triggering offense for application of 18 U.S.C. § 3559(c)—the federal three strikes law.
Richard Allen Shaffer, age 54, from Omaha, Nebraska, received the prison term on September 5, 2014, after a February 10, 2014, guilty plea to one count of bank robbery.
Information presented by the United States at a change of plea and sentencing hearing revealed on October 12, 2012. Shaffer walked into a bank in Sioux City, Iowa, approached a teller, and handed her a note demanding money.The note read: “Be Quiet (GUN) Gimmie the money in the drawer and the replenishment drawer 100, 50, 20 10, 5, Now Be Quiet!”
The teller gave Shaffer $3,710 and Shaffer fled with the money. Police arrested Shaffer the next day on an outstanding warrant. Police then searched Shaffer’s girlfriend’s home, with her consent, where they found the clothes Shaffer had worn during the robbery and the note he handed to the teller.
Shaffer committed this robbery after he was released from federal prison for six 2004 bank robbery convictions. Because Shaffer was sentenced for all six convictions at the same time in 2004, those six convictions counted as only one predicate felony under the three strikes law. Shaffer’s criminal history also included a 1979 conviction in a United States Army General court-martial for unpremeditated murder, for which he was sentenced to 25 years confinement at hard labor and served 18 years.
Shaffer was sentenced in Sioux City by United States District Court Judge Mark W. Bennett who found, in a case of first impression that the Army court-martial conviction was a qualifying serious violent felony, that along with the 2004 bank robberies, and the present bank robbery conviction, triggered application of three strikes law as requested by the United States. Shaffer was, therefore, sentenced to life imprisonment. A special assessment of $100 was imposed, and he was ordered to make $4,710 in restitution to Heritage Bank, Sioux City, Iowa. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system.
Shaffer is being held in the United States Marshal’s custody until he can be transported to a federal prison.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-4077
The case was investigated by the Sioux City, Iowa Police Department, The Omaha, Nebraska Police Department, United States Probation, and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Forde Fairchild.
Ohio Man with Prior Felony Drug Conviction Discovered with Firearm in West Virginia, Sentenced to 10 Years in PrisonRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Tara Tighe, Public Affairs SpecialistWHEELING, WEST VIRGINIA – Stedmund Creech, a 25 year old Steubenville Ohio native with a prior felony drug conviction, was sentenced to ten years in prison after he was discovered in the Wheeling, West Virginia area in possession of a firearm, United States Attorney William J. Ihlenfeld, II, announced today.
Creech was previously convicted in the Court of Common Pleas of Jefferson County Ohio of the felony offense of drug trafficking with juvenile specification, possession of crack cocaine, and felonious assault.
As part of the current sentence, Creech must also forfeit his Taurus .40 caliber firearm, pay a $100 special assessment fee, and serve three years of supervised release.
Creech pled guilty in February 2014 after an investigation led by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Randy Bernard prosecuted the case on behalf of the government.
Chief U.S. District Judge John Preston Bailey presided.
Nine Montgomery Gang Members Arrested for Drug and Gun CrimesRead the Press Release
Montgomery, Alabama - Earnest Lee “Junior” Stromer, age 31; Earl Sadiki “Cujo” Wilson, age 30; Sanquez Deontra “Quez” Bivens, age 23; and Dewayne “Kemonte” Thomas, a.k.a. D’Wayne Thomas, age 20, all from Montgomery, were arrested today for conspiring to distribute powder cocaine, crack cocaine, and marijuana, as well as for using and carrying a firearm, during and in relation to the drug conspiracy, announced George L. Beck, Jr., U.S. Attorney for the Middle District of Alabama. Marquis Tamel Tymes, age 33; and Aaron Key “Keith” Reynolds, age 40; also all from Montgomery, were arrested today and charged in a separate indictment for conspiring to distribute powder cocaine, crack cocaine, and marijuana, in violation of federal law. Raydreco Gardner, Earnest Stromer (a different person than Earnest Lee “Junior” Stromer) and Sabrina Stinson were also arrested on State of Alabama drug charges.
In 2010, the FBI’s Safe Streets Task Force and the Montgomery Police Department began an investigation into a Montgomery neighborhood gang, called the Vineyard Gang. All of the defendants named above were members of the Vineyard Gang. The Vineyard Gang lived and operated in an area of Montgomery known as the “Vineyard”. The “Vineyard” is a high-crime neighborhood located in south Montgomery, Alabama, consisting of John Morris Avenue and Martin Patton Avenue. The two streets join to form a “U” shaped neighborhood off of Norman Bridge Road. The criminal gang members who lived and conducted their criminal activity in the “Vineyard” also refer to themselves as the “Two Street” gang, referencing the two streets that make up the “Vineyard” neighborhood. Violent crime in the “Vineyard” includes shootings, home invasions, and murder.
“Violent street gangs terrorize communities all over this country and Montgomery is not immune,” stated U.S. Attorney Beck. “We are dedicated to wiping out this violent crime and will continue to prosecute those who are involved in neighborhood street gangs to the fullest extent of the law. Our local police risk their lives each day to protect us from violent crime. We owe those heroes our eternal gratitude for their dedication and service.”
“Through the combined efforts of local, state, and federal law enforcement, this violent criminal enterprise has been disrupted,” stated Robert F. Lasky, Special Agent in Charge of the FBI Mobile division. “Violence and drugs have a devastating effect on our communities and we will continue to work with our law enforcement partners to make this state a safer place.”
“We appreciate our valuable partnerships with the FBI, the U.S. Attorney’s Office and other law enforcement agencies as we work to build safer communities and combat crime. Last year we referred to several longer-term initiatives that we had undertaken in the Montgomery area, and today’s arrests are indicative of the success we are realizing,” said Montgomery Public Safety Director J. Christopher Murphy.
The indictments are merely accusations, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, each faces a maximum sentence of 40 years in prison for the drug conspiracy, and a maximum sentence of life for the weapons violation.
This case is being investigated by the Federal Bureau of Investigation’s Safe Streets Task Force, with assistance from the Montgomery Police Department, the Montgomery County Sheriff’s Office and the Elmore County Sheriff’s Office, and is being to prosecuted by Assistant United States Attorney’s Susan Redmond and John Geer.
PRESS CONTACT: Clark Morris
Email: [email protected]
Telephone: (334) 551-1755
Fax: (334) 223-7617Nine Joplin Residents among those Indicted in Meth ConspiracyRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that 11 defendants have been indicted by a federal grand jury for their roles in a conspiracy to distribute methamphetamine in the Joplin, Mo., area.
Miriam Deleon, 33, of Brownsville, Texas, her brother, Jose Luis Deleon, Jr., 35, and Jack Holguin, 45, Ashley Lynn Mobley, 30, Brian Ashton, 29, Jeremy McClean, 32, Billy Duane Henson, 60, Eric Allen Meyer, 31, Brian Stark, 40, and Juan Leonardo Simmons, 31, all of Joplin, and Israel Belmontes-Cisneros, 32, a citizen of Mexico residing in Sugarland, Texas, were charged in a 12-count indictment returned under seal by a federal grand jury in Springfield, Mo., on Sept. 30, 2014. The superseding indictment was unsealed and made public upon the arrest and initial court appearance of Stark on Tuesday, Oct. 7, 2014.
The federal indictment alleges that all of the defendants participated in a conspiracy to distribute methamphetamine from April 1, 2013, to July 31, 2014.
According to an affidavit filed in support of the original criminal complaint, Miriam Deleon was identified as the leader of a drug-trafficking organization and as a major source of supply in the Joplin area as the result of a year-long, multi-agency investigation into an international organization based in Matamoras, Mexico, with members across the United States, including Texas, Oklahoma and Missouri.
In addition to the drug-trafficking conspiracy, Miriam Deleon and Blemontes-Cisneros are charged together in one count of aiding and abetting each other to distribute 50 grams or more of methamphetamine on July 31, 2014.
Jose Deleon, Holguin, Meyer and Ashton are also charged with one count each of being a felon in possession of a firearm. Ashton is also charged with two counts of being a felon in possession of a firearm and one count of possessing a shotgun that was not registered to him. Jose Deleon and Ashton are charged together in one count of aiding and abetting each other to possess firearms in furtherance of a drug-trafficking crime. Simmons and Meyer are also each charged with one count of possessing firearms in furtherance of a drug-trafficking crime.
The federal indictment also contains several forfeiture allegations, which would require the defendants to forfeit to the government any property derived from the proceeds of the alleged violations or any property used to commit the alleged violations, including $5,642 that was seized from Holguin by law enforcement officers and $3,658 that was seized from Meyer by law enforcement officers. Simmons would be required to forfeit an AMT .380-caliber handgun; Ashton would be required to forfeit a Mossberg 12-gauge shotgun, a Glock .40-caliber handgun and a Kirikkale 9mm handgun; and Meyer would be required to forfeit a Harrington and Richardson .32-caliber revolver and a Taurus .38-caliber revolver. Holguin and Jose Deleon would also be required to forfeit various ammunition.
Dickinson cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorneys Ami Harshad Miller and Cindy Hyde. It was investigated by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the FBI, the Jasper County Drug Task Force, the Joplin, Mo., Police Department, the Missouri State Highway Patrol, the Kansas Bureau of Investigations, IRS-Criminal Investigations, the Bureau of Indian Affairs and the Newton County, Mo., Prosecuting Attorney.New Jersey Man Charged with Health Care Fraud Scheme and Illegally Selling SteroidsRead the Press Release
PHILADELPHIA – An indictment was unsealed today in federal court charging Eric C. Opitz, 45, of Phillipsburg, New Jersey with health care fraud, mail fraud, and the illegal distribution human growth hormones (“HGH”) and anabolic steroids, announced United States Attorney Zane David Memeger.
The indictment alleges that the defendant used Medicare Part D benefits to obtain HGH and anabolic steroids, which he then sold by advertising on the internet. HGH and anabolic steroids are frequently used by athletes and body builders for unapproved purposes such as enhancing performance and building muscle mass. These drugs can present serious health risks when not properly administered under the supervision of a licensed physician. It is alleged that the defendant typically sold human growth hormone, for approximately $450 per 5 mg kit, to any interested buyer. The defendant was not a licensed physician, nor did he have any medical training.
If convicted, the defendant faces a substantial term of imprisonment and is subject to criminal forfeiture proceedings.
The case was investigated by Immigration and Customs Enforcement - Homeland Security Investigations, the FDA Office of Criminal Investigations, and the Department of Health and Human Services - Office of the Inspector General. It is being prosecuted by Assistant United States Attorney M. Beth Leahy.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Click here to view the indictment.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Muskogee Man Sentenced to 60 Months for Failure to Register as Sex OffenderRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that JUSTIN WAYNE RIGGS, age 26, of Muskogee, Oklahoma, was sentenced to 5 years of probation with 6 months of home detention, for Failure to Register as Sex Offender, in violation of Title 18, United States Code, Sections 2250(a)(1), 2250(a)(2)(A) and 2250(a)(3).
The charge arose from an investigation by the United States Marshal Service. The defendant was indicted in March, 2014 and pled guilty in April, 2014.
The Indictment alleged that from in or about April 2013, until on or about October 16, 2013, in the Eastern District of Oklahoma, and elsewhere, the defendant, an individual required to register as a sex offender under the Sex Offender Registration and Notification Act, after having been Court-Martialed and convicted of felonies by the United States of America Department of the Army on or about May 6, 2011, for the offenses of knowing possession of images of child pornography and distribution of child pornography, knowingly failed to register and update his registration as required by the Sex Offender Registration and Notification Act.
The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing.
Assistant United States Attorney Dean Burris represented the United States.
Mississippi Woman, Kim Parish, Pleads Guilty to Defrauding Local BusinessRead the Press Release
U.S. Attorney Kenneth A. Polite announced that KIM PARISH, age 50, a resident of Picayune, Mississippi, pled guilty today to bank fraud and wire fraud.
According to court documents, PARISH worked as an accountant for a New Orleans information technology services business. For approximately four years, PARISH defrauded the business through two schemes. The first scheme involved PARISH issuing more than 200 checks to herself and to “petty cash” by forging the signature of the business’s owner. The second scheme involved PARISH improperly crediting herself with bonus pay through the business’s payroll system. PARISH took a variety of steps to conceal the schemes and defrauded the business of approximately $540,201.
PARISH faces up to 30 years imprisonment and up to a $1,000,000 fine for her bank fraud conviction and up to 20 years imprisonment and up to a $250,000 fine for her wire fraud conviction. Sentencing is scheduled on January 21, 2015 before U.S. District Judge Sarah S. Vance.
U.S. Attorney Polite praised the work of the Defense Criminal Investigative Service, the Naval Criminal Investigative Service, and the U.S. Marshals Service for investigating this matter. Assistant United States Attorney Chandra Menon is in charge of prosecution.
(Download Factual Basis )
Michigan Home Health Agency Owner Pleads Guilty in $22 Million Medicare Fraud ConspiracyRead the Press Release
A former owner and manager of two Detroit-area home health care agencies has pleaded guilty in federal court for his role in a $22 million Medicare fraud conspiracy.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Barbara L. McQuade of the Eastern District of Michigan, Special Agent in Charge Paul M. Abbate of the FBI’s Detroit Field Office, Special Agent in Charge Lamont Pugh III of the Department of Health and Human Services Office of Inspector General (HHS-OIG), Chicago Regional Office and Acting Special Agent in Charge Jarod Koopman of Internal Revenue Service, Criminal Investigation (IRS-CI) made the announcement.
Usman Butt, 40, of Shelby Township, Michigan, pleaded guilty before U.S. District Judge Bernard A. Friedman in the Eastern District of Michigan to conspiracy to commit health care fraud and aiding or assisting in preparing a fraudulent tax return on Aug. 27, 2014, and the case was unsealed today. Sentencing has been scheduled for Jan. 13, 2015. His plea follows that of his former business partner and co-conspirator, Muhammad Aamir, who pleaded guilty on Aug. 20, 2014.
According to plea documents, Butt admitted that beginning in 2008 and continuing through January 2013, he conspired with others to bill Medicare for home health care services that were not actually rendered, not medically necessary, and procured through paying illegal kickbacks.
Specifically, Butt admitted that the physical therapy and skilled nursing services provided by his companies, Prestige Home Health Services Inc., based in Troy, Michigan, and Royal Home Health Care Inc., of Clawson and Troy, Michigan, were not medically necessary or even rendered. Butt also admitted that he fabricated patient files to give the false appearance that the services were medically necessary and actually provided.
During the scheme, Butt submitted or caused the submission of false claims to Medicare, which in turn caused Medicare to pay approximately $12,607,262. According to court records, the conspiracy resulted in the submission of fraudulent claims that caused Medicare to pay more than $22 million. Butt also admitted that he assisted a co-conspirator in filing a false corporate tax return for Prestige, deducting illegal kickbacks as “business expenses” to save Prestige at least $321,485 in taxes due for 2009.
This case was investigated by the FBI, HHS-OIG, and IRS-CI, and was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Eastern District of Michigan. This case is being prosecuted by Trial Attorneys Niall M. O’Donnell and James P. McDonald of the Criminal Division’s Fraud Section.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 2,000 defendants who have collectively billed the Medicare program for more than $6 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov.
Mexican Man Sentenced to Prison for Possession with Intent to Distribute MethamphetamineRead the Press Release
On October 8, 2014, Juan Carlos Garcia-Gamino, 26, a citizen of Mexico, was sentenced to 57 months in prison for possession with intent to distribute 500 grams or more of methamphetamine in Lincoln. Garcia-Gamino was ordered to serve four years on supervised release following the prison term. However, it is likely he will be deported upon completion of his prison sentence.
In December of 2013 and January of 2014, Garcia-Gamino sold one-ounce quantities of methamphetamine to an undercover officer in Lincoln on three occasions. On April 4, 2014, Garcia-Gamino was contacted in Lincoln and consented to a search of his car. During that search, officers found 906 grams, (approximately two pounds), of a substance later found to contain methamphetamine.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
Mexican Citizen Sentenced to Six Years' Imprisonment for Unlawful Use of Identification Documents and Aggravated Identity TheftRead the Press Release
A Mexican citizen who was twice convicted using the identity of a dead American citizen who attempted to obtain new identification documents and gain employment in that name was sentenced today to six years in federal prison.
Abel Fajardo-Guizar, age 38, a citizen of Mexico, living in Cedar Rapids, Iowa,
received the prison term after a May 7, 2014, guilty plea to two counts of unlawful use of identification documents and two counts of aggravated identity theft.In a plea agreement, Fajardo-Guizar admitted he was twice convicted under the name of another real person who died in 1995. Fajardo-Guizar was convicted under the other person’s name in Texas in 2001 for importing marijuana into the United States and in Iowa in 2010 for possession of a firearm by a felon and unlawful drug user. On November 22, 2013, while falsely claiming to be a U.S. citizen, Fajardo-Guizar used the date of birth, the Social Security Card and Social Security Number of another real person, someone he personally knew, to obtain a State of Iowa Identification Card in that person’s name. On December 18, 2013, again falsely claiming to be a U.S. citizen, Fajardo-Guizar used the date of birth, the Social Security Card and Social Security Number of another real person, and the recently acquired State of Iowa Identification Card when completing forms required to work in this country. On March 1, 2014, Fajardo-Guizar attempted to obtain a State of Iowa driver’s license using that the name, date of birth and Social Security Number of that other real person. When arrested on Federal charges on March 19, 2014, defendant had in his possession that other person’s birth certificate.
Fajardo-Guizar was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Fajardo-Guizar was sentenced to 72 months’ imprisonment. A special assessment of $400 was imposed. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Fajardo-Guizar is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Assistant United States Attorney Daniel C. Tvedt and was investigated by agents from the Department of Homeland Security, Immigration and Customs Enforcement.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-38.
Metairie Man, Timothy Duckworth, Charged with Making False Statements on Tax ReturnRead the Press Release
U.S. Attorney Kenneth A. Polite announced that TIMOTHY DUCKWORTH, age 44, of Metairie, Louisiana, was charged today in a one-count Bill of Information with making false statements on income tax returns.
According to the Bill of Information, DUCKWORTH made false statements on his tax return for the year 2007 by under-reporting his income in the amount of approximately $610,495, which resulted in DUCKWORTH having taxes due and owing in the amount of approximately $213,579.
If convicted, DUCKWORTH faces a maximum term of imprisonment of three years incarceration, one year of supervised release after any term of imprisonment, and a $100,000 fine.
United States Attorney Polite reiterated that the Bill of Information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the Internal Revenue Service – Criminal Investigations. Assistant United States Attorney Jordan Ginsberg is in charge of the prosecution.
(Download Bill of Information )
Merrick Doctor Arrested for the Illegal Distribution of Oxycodone to an Undercover Police OfficerRead the Press Release
Michael Belfiore, an Merrick, New York, doctor, was charged this morning pursuant to a criminal complaint1 with illegally distributing oxycodone, a highly addictive prescription pain medication. The defendant is scheduled to be arraigned this afternoon before United States Magistrate Judge Gary R. Brown at the United States Courthouse located in Central Islip, New York.
The charge was announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York, James J. Hunt, Acting Special Agent-in-Charge, Drug Enforcement Administration (DEA), New York, and Thomas C. Krumpter, Acting Commissioner, Nassau County Police Department (NCPD).
This morning, as part of a federal and state Prescription Drug Initiative in the Eastern District of New York, Belfiore surrendered to members of a DEA Tactical Diversion Squad, comprising DEA agents and officers of the Nassau County Police Department, Rockville Centre Police Department, and Port Washington Police Department, on charges of illegally distributing oxycodone between March 15, 2013 and August 12, 2013. According to the complaint, over the course of six months, Belfiore issued six prescriptions for oxycodone to an undercover Nassau County Police Officer without a legitimate medical purpose in exchange for thousands of dollars.
United State Attorney Lynch stated, “Dr. Belfiore used his prescription-writing privileges not to help patients as was his duty but to pad his bank account. Doctors who issue prescriptions without a legitimate medical need are violating the law and will be held accountable.” Ms. Lynch extended her grateful appreciation to each of the law enforcement agencies for their assistance in this case.
DEA Acting Special Agent in Charge stated, “There is no excuse for doctors to write unnecessary prescriptions in exchange for cash, nor has there ever been. Dr. Belfiore has been added to the list of those who perpetuate the spread of opioid addiction by allegedly facilitating the distribution of over half a million of oxycodone throughout the streets of Long Island. I commend the men and women of the Long Island Tactical Diversion Squad and the US Attorney’s Office Eastern District of New York for their tenacious work on this investigation.”
Oxycodone is a scheduled controlled substance that may be dispensed by medical professionals only for a legitimate medical purpose in the usual course of a doctor’s professional practice. It is a powerful and highly addictive drug and is increasingly abused because of its potency when crushed into a powder and ingested, leading to a heroin-like euphoria.
If convicted, the defendant faces a maximum sentence of 20 years’ imprisonment and a $1 million fine.
This case is the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York as part of the Prescription Drug Initiative. In January 2012, this Office and the DEA, in conjunction with the five District Attorneys in this jurisdiction, the Nassau and Suffolk County Police Departments, the New York City Police Department, and New York State Police, along with other key federal, state, and local government partners, launched the Prescription Drug Initiative to mount a comprehensive response to what the United States Department of Health and Human Services’ Center for Disease Control and Prevention has called an epidemic increase in the abuse of so-called opioid analgesics. So far, the Prescription Drug Initiative has brought over 160 federal and local criminal prosecutions, including the prosecution of 15 health care professionals, taken civil enforcement actions against a hospital, a pharmacy, and a pharmacy chain, removed prescription authority from numerous rogue doctors, and expanded information-sharing among enforcement agencies to better target and pursue drug traffickers. The Initiative also is involved in an extensive community outreach program to address the abuse of pharmaceuticals.
The government’s case is being prosecuted by Assistant United States Attorney Lara Treinis Gatz.
The Defendant:
Name: MICHAEL BELFIORE
Age: 51
Residence: Westbury, New York
___________________________________________________________________________
1 The charge announced today is merely an allegation, and the defendant is presumed innocent unless and until proven guilty.
Belfiore Complaint
Member of A Major Methamphetamine Distribution Conspiracy Is Sentenced to Serve 18 Years in Federal Prison on Conspiracy and Money Laundering ConvictionsRead the Press Release
DALLAS — A member of a major methamphetamine distribution conspiracy that operated in the Dallas-Fort Worth metroplex and elsewhere since October 2012, was sentenced this afternoon in federal court in Dallas, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Adiel Fuentes, a/k/a “Mack,” 34, of Dallas, was sentenced by U.S. District Judge Jorge A. Solis to 216 months in federal prison for conspiring to possess with intent to distribute and distribute 500 grams or more of methamphetamine and 180 months in federal prison for conspiring to launder monetary instruments. Judge Solis ordered the sentences run concurrently. Fuentes previously agreed to forfeit a vehicle and two firearms.
This summer, the local cell head of the conspiracy, Gerardo Cisneros, aka “Tatuado,” “Gera,” and “Jerry,” 27, was sentenced by Judge Solis to serve a total of 20 years in federal prison. Cisneros pleaded guilty in October 2013 to the same offenses and agreed to forfeit five vehicles and a firearm.
Fuentes and Cisneros have been in custody since their arrest in August 2013 when special agents with the Drug Enforcement Administration (DEA) and other law enforcement members executed numerous arrest warrants for defendants charged in the methamphetamine conspiracy as outlined in a federal indictment returned the previous month. The methamphetamine was imported into the U.S. from Mexico, and it was delivered to the Dallas area for distribution.
According to documents filed in the case, Cisneros acted as the local cell head of the conspiracy. He worked with co-defendants to set up a receipt and distribution center for controlled substances, including methamphetamine and marijuana. Cisneros admitted that he received and distributed methamphetamine in multi-kilo quantities, collected money from his customers and returned money to his supply source in Mexico. Cisneros admitted sending money to Mexico via couriers to conceal the nature, location, source, ownership or control of the drug proceeds.
Fuentes admitted collecting drug proceeds at Cisneros’ request and delivering the drug proceeds to Cisneros so that Cisneros would continue to supply Fuentes and others with the methamphetamine.
Fuentes and Cisneros also admitted conspiring to launder money. During this conspiracy, they collected drug proceeds from the sale of methamphetamine and sent the money to individuals in Mexico. The money was sent to Mexico so that their source of supply would continue to send them methamphetamine and so that they could continue to profit from their illegal activity.
Twenty-four defendants were charged in the conspiracy. The case against one defendant was dismissed, and one defendant is awaiting trial. All other captured defendants have pleaded guilty and have been sentenced or are awaiting sentencing.
This Organized Crime and Drug Enforcement Task Force (OCDETF) case was investigated by the DEA, the Dallas Police Department, Grand Prairie Police Department, Garland Police Department, Rockwall Police Department and the Arlington Police Department.
Assistant U.S. Attorney George Leal is leading the prosecution with assistance from Assistant U.S. Attorneys Brian Poe and John DeLaGarza.
Manager of Three Los Angeles Medical Clinics Indicted in $4 Million Medicare Fraud SchemeRead the Press Release
An indictment was unsealed today charging two managers and operators of three Los Angeles medical clinics with Medicare fraud and conspiracy to pay illegal kickbacks for medical procedures that were never actually provided.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division; Acting U.S. Attorney Stephanie Yonekura of the Central District of California; Special Agent in Charge Glenn R. Ferry of the Los Angeles Region of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) and Assistant Director in Charge Bill Lewis of the FBI’s Los Angeles Field Office made the announcement.
Hovik Simitian, 47, of Los Angeles, and Anahit Shatvoryan, 49, of Glendale, California, were each charged in the Central District of California with one count of conspiracy to commit health care fraud, six counts of health care fraud and one count of conspiracy to pay health care kickbacks.
According to allegations in the indictment, Simitian and and Shatvoryan managed and operated three medical clinics – Columbia Medical Group Inc., Life Care Medical Clinic and Safe Health Medical Clinic – out of two suites in the same Los Angeles office building. From approximately February 2010 through June 2014, Simitian and Shatvoryan paid marketers illegal kickbacks to recruit Medicare beneficiaries to the clinics. They then submitted false claims to Medicare for services – including procedures such as anorectal manometry and nerve conduction tests – that were not medically necessary and never actually provided.
From approximately February 2010 through June 2014, the clinics allegedly submitted a total of $4,526,791 in false and fraudulent claims to Medicare, and Medicare paid $1,668,559 on those claims.
The charges contained in an indictment are merely accusations, and a defendant is presumed innocent unless and until proven guilty.
This case is being investigated by the FBI and HHS-OIG, and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Central District of California. This case is being prosecuted by Trial Attorneys Blanca Quintero and Alexander F. Porter of the Criminal Division’s Fraud Section.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 2,000 defendants who have collectively billed the Medicare program for more than $6 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov.
Luzerne Man Charged with Heroin Trafficking ConspiracyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a criminal Information was filed yesterday charging a Pittston resident with participating in a conspiracy to distribute heroin during January 2010 through February 2014.
According to United States Attorney Peter Smith, the Information alleges that Sal Biscotto, age 38, conspired with others to distribute and possess with intent to distribute heroin in Luzerne County and elsewhere.
The charge stems from an investigation by special agents of the Federal Bureau of Investigation and Pittston Police.
Biscotto faces a potential maximum sentence of 20 years in prison and a $1 million fine if he is convicted of the charge.
The case is being prosecuted by Assistant U.S. Attorney Francis P. Sempa.
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.
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.
Lawn Care Business Owner Pleads Guilty to Lying to Receive Workers' Compensation BenefitsRead the Press Release
LAFAYETTE, La. –United States Attorney Stephanie A. Finley announced that a Breaux Bridge man pleaded guilty to falsely claiming he was unemployed in order to continue receiving workers’ compensation benefits even though he owned and operated a lawn care business.
Mervin J. Noel, 51, of Breaux Bridge, La., entered a conditional guilty plea Tuesday to one count of making false statements to continue receiving workers’ compensation benefits under the Longshore and Harbor Workers’ Compensation Act to U.S. Magistrate Judge C. Michael Hill. The plea will become final when accepted by U.S. District Court Judge Elizabeth E. Foote.
According to evidence presented at the guilty plea, Noel began receiving workers’ compensation and Social Security disability benefits after sustaining an injury while working on an offshore oil platform in 1994. In 2007, Noel began operating a lawn care business without informing either the Louisiana Workers’ Compensation Corporation (LWCC) or Social Security Administration that he was employed and earning income. Noel instead falsely reported on four occasions to LWCC officials that he had no earnings from employment. Noel also falsely reported to Social Security Administration officials on April 11, 2014 that he had not worked since becoming disabled. Noel received $20,776 in workers’ compensation benefits and $118,220 in Social Security benefits to which he was not entitled.
Noel faces up to five years in prison, three years supervised release, and a $10,000 fine. A sentencing date of February 6, 2015 has been set.
The investigation was conducted by the Social Security Administration. Assistant U.S. Attorney David C. Joseph is prosecuting the case.
Larose Man, Justin Doucet, Sentenced to 5 Years for <br /> Receipt of Child PornographyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JUSTIN DOUCET, age 21, a resident of Larose, Louisiana, was sentenced today for receipt of child pornography.
U.S. District Judge Helen G. Berrigan sentenced DOUCET to 5 years imprisonment, followed by 5 years of supervised release, and restitution of $8,000 to the victims. In addition, DOUCET will have to register as a sex offender.
According to court documents, on February 8, 2012, Special Agents of the Federal Bureau of Investigation obtained and executed a search warrant for evidence of child pornography at the defendant’s residence. During the search, Special Agents seized several pieces of computer equipment that were later determined to contain child pornography.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
U.S. Attorney Polite praised the Federal Bureau of Investigation in investigating this matter. Assistant United States Attorney G. Dall Kammer is in charge of the prosecution.
Lafayette, Tennessee, Man Sentenced to 240 Months in Prison After Pleading Guilty to Two Bank Robberies in Kentucky and CarjackingRead the Press Release
BOWLING GREEN, Ky. – A Lafayette, Tennessee, man was sentenced today in United States District Court by Senior District Judge Thomas B. Russell to 240 months in prison followed by a three year period of supervised release and ordered to pay $90,800 in restitution, for the robbery of two banks located in Kentucky, and one-count carjacking in Adair County, Kentucky, announced David J. Hale, United States Attorney for the Western District of Kentucky.
On July 9, 2014, Eugene Earl Gentry, age 63, pleaded guilty to four counts of a federal indictment including two counts of bank robbery through force, violence, and intimidation, one count of brandishing a firearm during a crime of violence and one count of carjacking. Gentry admitted in court to robbing the United Citizens Bank, located at 1582 Campbellsville Road, in Columbia, Kentucky, of approximately $90,000 on October 15, 2012. On the same day, in Adair County, Kentucky, Gentry stole a 1998 Ford Ranger Pickup from United Citizens Bank manager and in doing so brandished a semi-automatic handgun which carries an additional charge of carjacking. One year later, on October 29, 2013, Gentry attempted to rob the Citizens Bank, located at 209 Campbellsville Bypass, located in Campbellsville, Kentucky. Gentry fled from the bank and was pursued by Campbellsville Police until his car crashed in to a parked 18-wheel style truck trailer loaded with logs. The loaded Hi-Point C9, 9mm semi-automatic pistol, found on Gentry at the crash scene was traced and came back as being sold to him in 2004.
This case was prosecuted by Assistant United States Attorney Randy Ream and was investigated by the Federal Bureau of Investigation (FBI) with assistance from the Campbellsville Police Department, Columbia Police Department and the Adair County, Kentucky, Sheriff’s Department.
Jacksonville Cocaine Dealer Sentenced to More Than 19 Years in Federal PrisonRead the Press Release
Jacksonville, Florida – U.S. District Judge Henry Lee Adams, Jr. today sentenced Amelio Mack to 19 years and seven months in federal prison for conspiracy to distribute cocaine. The Court also ordered him to forfeit two bank accounts, three vehicles, and jewelry, including a 4.8 karat engagement ring, that are traceable to proceeds of the offense. Mack pleaded guilty on May 12, 2014.
According to court documents, between 2005 and February 2014, Mack, who has a prior federal gun conviction, distributed in excess of 150 kilograms of cocaine in the Jacksonville area. At the time of his arrest, February 2014, law enforcement officers seized two firearms, $281,850 in cash, and other evidence linking him to the crime.
This case was investigated by the Jacksonville Sheriff’s Office. It was prosecuted by Assistant United States Attorney Julie Hackenberry.
Governor’s Former Campaign Manager Sentenced to Prison for Computer Intrusion and False Statement ConvictionRead the Press Release
ALBUQUERQUE – Jamie Estrada, 41, of Los Lunas, N.M., was sentenced today by U.S. District Judge William P. Johnson for his conviction on unlawful interception of electronic communications and false statement charges arising out of the unlawful interception of wire communications intended for others, including New Mexico Governor Susana Martinez and members of her staff. Estrada was sentenced to nine months of imprisonment followed by three years of supervised release. Estrada also was ordered to perform 100 hours of community service and to pay a $10,000 fine. Estrada is to voluntarily surrender to a federal correctional institution to be designated by the U.S. Bureau of Prisons.
In announcing Estrada’s sentence, U.S. Attorney Damon P. Martinez said, “This prosecution demonstrates the Justice Department’s commitment to protecting Americans from those who seek to violate their privacy. In an electronic age, much of our personal, professional and financial information is repeatedly transmitted on a daily basis by email and other wireless device. Each and every one of us has a right and an expectation of privacy in our electronic communications, including our emails, and individuals who violate the law by diverting, stealing or otherwise misappropriating our private communications should face serious consequences.”
“Jamie Estrada stole the emails that were the subject of this case, plain and simple. He took private information that didn't belong to him, and lied about it,” said Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division. “I thank the FBI special agents and professional staff for their hard work on this case, and congratulate the U.S. Attorney’s Office for a successful prosecution. This sentencing occurs during National Cyber Security Awareness Month, which since 2004 has reminded Americans of the importance of protecting our own privacy online as well as our country's national security.”
Estrada was charged in a 14-count indictment filed in May 2013. The first 12 counts of the indictment alleged that, between July 2011 and June 2012, Estrada unlawfully intercepted wire communication intended for individuals who had email accounts on an internet domain owned by the Governor’s political organization. The final two counts charged Estrada with making false statements to the FBI in Sept. 2012, in which he denied taking certain actions to unlawfully intercept wire communications as charged in first 12 counts of the indictment. The indictment subsequently was superseded in Oct. 2013 and May 2014 to add two more false statement charges.
According to court filings, in summer 2009, Governor Martinez, who was then the District Attorney in Dona Ana County, N.M., began assembling a political campaign as she prepared to enter the Nov. 2010 gubernatorial race. In July 2009, a political supporter of the Governor registered an internet domain designated as susana2010.com (the Domain) for a two-year period through an online service. The supporter donated the Domain, including its username and password, to the Governor’s political organization. The username and password were required for making administrative changes to the Domain, including posting content to the Domain’s website and creating email accounts associated with the Domain. They also were required to renew the registration for the Domain, which was scheduled to expire on July 18, 2011. As the owner of the Domain, the Governor’s political organization had the exclusive right to renew the registration before it expired and during a 42-day grace period following the expiration date.
During the gubernatorial campaign, the Domain became an important tool for the Governor’s political organization. Members of the campaign staff, including the Governor, maintained email accounts on the Domain which they used to communicate with each other, the Governor’s political supporters, and the media. Estrada, who joined the Governor’s political organization as the campaign manager in July 2009, was provided with the username and password for the Domain. When Estrada left the campaign in Dec. 2009, the Governor requested that he cooperate in efforts to remove his access to and privileges regarding the campaign’s accounts.
After Governor Martinez was inaugurated in Jan. 2011, the Governor, members of her staff and others continued to use the email accounts associated with the Domain. In July 2011, individuals who had email accounts on the Domain began receiving reports that emails sent to those accounts were bouncing back to the senders and soon determined that the emails were not getting delivered because the Domain had expired. Their efforts to re-register the Domain were unsuccessful because they could not locate or recall the Domain’s username and password. In July 2011 and as part of their efforts to locate the username and password, the Governor’s staff asked Estrada to provide this information and he did not respond.
On June 16, Estrada entered guilty pleas to Counts 6 and 16 of the second superseding indictment, charging him with unlawful interception of electronic communications and false statements, respectively. In his plea agreement, Estrada admitted that on July 29, 2011, he logged onto the Domain and altered the customer profile using a fictitious name with a Colorado address. Estrada also admitted renewing the Domain under the fictitious name and paid for the renewal with a pre-paid gift card so that the renewal could not be traced back to him.
According to the plea agreement, Estrada changed the settings for the Domain to direct all incoming email to an email account he controlled so that the emails were routed to him instead of the intended recipients. From July 2011 through June 2012, Estrada intercepted hundreds of email messages intended for recipients at the Domain, including the Governor. The intercepted emails included personal emails, internal political communications and emails from ordinary citizens to the Governor or her staff. In his plea agreement, Estrada admitted sharing the emails he unlawfully intercepted with the Governor’s political opponents to disseminate the emails to news media and other outlets.
Estrada admitted unlawfully intercepting an email dated Jan. 4, 2012, which was entitled “Confidential RGA [Republican Governors’ Association] Update” and was intended for the Governor, as charged in Count 6 of the second superseding indictment. In his plea agreement, he also acknowledged unlawfully intercepting the eleven other emails described in Counts 1 through 5 and 7 through 12 of the indictment.
Estrada also admitted making false statements to FBI agents on Sept. 19, 2012, when they executed a search warrant at his residence. Specifically, Estrada told the FBI agents that he had not paid for the renewal of the Domain using a pre-paid gift card as charged in Count 16 of the second superseding indictment. In his plea agreement, he also acknowledged making the false statements charged in Counts 13, 14 and 15 of the indictment.
This case was investigated by the Albuquerque Division of the FBI and is being prosecuted by Assistant U.S. Attorneys Fred J. Federici and Jeremy Pena.
Goodwin Charges Mason County Man with Swindling Elderly CoupleRead the Press Release
Defendant defrauded couple out of $210,000 in bogus investment scheme, charge says
CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin today charged Mark Anthony, 40, of Point Pleasant, West Virginia, with defrauding a senior-citizen couple in Mason County.
Between May 2004 and January 2013, Anthony solicited approximately $210,000 from his victims, according to today's charge. Anthony falsely represented to the victims that their money would be invested in annuities and money market accounts offered by legitimate financial-services companies and that the investments would yield substantial returns. In reality, Anthony simply spent the victims' money on his own personal expenses and purchases. Anthony's fraud scheme continued after the husband in the victim couple passed away in 2007, leaving the wife widowed.
As part of the scheme, Goodwin says, Anthony used the United States Postal Service to send the victims checks that were purportedly income from investments he made for them, along with IRS forms that pretended to reflect their investment income. The checks were actually from Anthony’s personal funds and were intended to trick the victims into believing that Anthony had placed their money in legitimate investment accounts. The IRS forms were also fraudulent.
“Sadly, elderly West Virginians too often become the targets of financial fraud,” said U.S. Attorney Goodwin. “Preventing that fraud and prosecuting those who perpetrate it have always been top priorities for me, and this case builds on that commitment.”
Today’s charge was filed in a court document known as an “information.”
The investigation is being conducted by the West Virginia State Police Bureau of Criminal Investigation. Counsel to the United States Attorney Steven Ruby and Assistant United States Attorney Gabriele Wohl are handling the prosecution.
Click here to view a copy of the information.
Note: An information is only a charge and is not evidence of guilt. A defendant is presumed innocent unless and until proven guilty.
Get Away Driver Pleads Guilty to Three Bank RobberiesRead the Press Release
Committed Three Bank Robberies While on Supervised Release for Previous Gun Convictions
Greenbelt, Maryland – Dillian Nathaniel Tucker, age 36, of Greenbelt, Maryland, pleaded guilty today to three bank robberies.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; and Chief Mark A. Magaw of the Prince George’s County Police Department.
According to Tucker’s plea agreement, on April 6, Tucker drove himself and co-defendant Reginald Lasley to a SunTrust bank in Landover, Maryland. Lasley entered the bank, presented the teller with a note demanding money and took $4,810. Lasley got into the black van being driven by Tucker and they left the scene. On April 9 Tucker drove himself and Lasley to a Sun Trust Bank in Upper Marlboro, Maryland, in the same black van. Lasley again presented the teller with a note demanding money and stole $5,370, leaving the area in the van driven by Tucker.Two days later, on April 11, 2012, Tucker drove himself and Lasley in the same black van to the M&T Bank, in Largo, Maryland. Tucker entered the bank, approached a teller window, and asked for change. Tucker then exited the bank and advised Lasley to enter the bank to rob it. Several minutes later, Lasley entered the bank and handed the teller a note demanding money. The teller complied and Lasley stole $1,390. Lasley exited the bank, got into the black van, and Tucker drove away from the bank.
Later on April 11, 2012, Prince George’s County police officers saw the black van and attempted to pull it over. Tucker, who was still driving the van, made a quick U-turn and attempted to flee. After a short chase, Tucker stopped the van, and Tucker and Lasley attempted to run away. Police officers caught and arrested Tucker immediately. Lasley was caught later that day, and law enforcement officers recovered from Lasley a robbery demand note and the money stolen earlier from the M&T Bank. Officers also recovered from the black van another robbery demand note and the hat and shirt that Lasley wore during the M&T bank robbery.
Tucker committed each of the robberies while on supervised release in connection with firearm convictions in the Superior Court for the District of Columbia.
Tucker and the government have agreed that if the Court accepts the plea, Tucker will be sentenced to 92 months in prison. U.S. District Judge Peter J. Messitte has scheduled sentencing for January 8, 2015 at 9:30 a.m.
U.S. District Judge Peter J. Messitte previously sentenced Reginald Anthony Lasley, age 42, of Silver Spring, Maryland, to a total of 18 years in prison - 16 years for the robbery of a store and three bank robberies and an additional two years in prison for violating his supervised release in connection with previous federal bank robbery convictions. Judge Messitte also ordered Lasley to pay restitution of $29,150.
United States Attorney Rod J. Rosenstein praised the FBI and Prince George’s County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Adam K. Ake, who is prosecuting the case.
Georgia Man Pleads Guilty in Scheme to File False Tax Returns Using Stolen IdentitiesRead the Press Release
PITTSBURGH - A resident of the State of Georgia pleaded guilty on Tuesday in federal court to a charge of wire fraud conspiracy, United States Attorney David J. Hickton announced today.
Rogers Ladell Price, Jr., 39, formerly of Summerville, Ga., and currently incarcerated, pleaded guilty to one count before United States District Judge Nora Barry Fischer.
In connection with the guilty plea, Price and others conspired to steal identities of other persons which were used to file false electronic federal tax returns between 2010 and 2012.
Judge Fischer scheduled sentencing for January 30, 2015 at 9 a.m. The law provides for a maximum total sentence of not more than 20 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Gregory C. Melucci is prosecuting this case on behalf of the government.
The Internal Revenue Service-Criminal Investigation conducted the investigation that led to the prosecution of Price.
Fredericksburg Man Charged for Theft of Millions in Investments Promised for Development of Quantico Corporate Center and Other PropertiesRead the Press Release
RICHMOND, Va. – James Ashby Moncure, Jr., 42, of Fredericksburg, Va., was charged with five counts of Wire Fraud, one count of Mail Fraud, and two counts of Engaging in Unlawful Monetary Transactions. If convicted on all charges, Moncure faces up to 140 years in prison and a fine of $2,000,000.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Adam S. Lee, Special Agent in Charge of the FBI’s Richmond Field Office; Thomas J. Kelly, Special Agent in Charge, Washington, D.C. Field Office, IRS-Criminal Investigation (IRS-CI); and Gary Barksdale, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service, made the announcement after the indictment was returned by the federal Grand Jury.
According to allegations in the indictment, Moncure, as a partial owner of Moncure Brothers LLC, partnered with The Silver Companies to develop property known as the Quantico Corporate Center (QCC). The QCC is a business park located in Stafford County, Va., along Interstate 95 and US 1, adjacent to Marine Corps Base Quantico. The indictment alleges that beginning prior to January 2010 and continuing through March 2014, Moncure solicited individuals for investment opportunities in exchange for short term promissory notes offering returns ranging from 10 percent up to 25 percent. In connection with those investments, the indictment charges, Moncure represented that the investment funds would be used for acquiring and developing land for the QCC or another specified property. The defendant also allegedly made misrepresentations about how the promised returns would be generated and about the security of investment funds.
The indictment alleges that Moncure misappropriated the overwhelming majority of the more than $9 million in investment funds he received, using them for payment of returns to earlier investors, transfers to investment trading accounts from which the defendant day-traded stocks and options, and other unauthorized purposes. The indictment charges several transactions where the defendant received investment funds, followed by the defendant’s immediate wire transfer of those same funds to his Options Express, Inc., or Fidelity Investments trading accounts.
This case was investigated by FBI’s Fredericksburg Field Office, Internal Revenue Service-Criminal Investigations, and U.S. Postal Inspection Service. Assistant U.S. Attorney Michael Gill is prosecuting the case on behalf of the United States.This investigation has been coordinated by the Virginia Financial and Securities Fraud Task Force, an unprecedented partnership between criminal investigators and civil regulators to investigate and prosecute complex financial fraud cases in the nation and in Virginia. The task force is comprised of several federal and state agencies, including the Virginia Attorney General’s Office, and it also serves as an investigative arm of the President’s Financial Fraud Enforcement Task Force (FFETF), an interagency national task force. For more information on FFETF, visit www.stopfraud.gov.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the EasternDistrict of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER.
Former Union President Sentenced to 18 Months in Prison for Extortion Conspiracy Involving Christmastime Tribute PaymentsRead the Press Release
NEWARK, N.J. - The former president of the International Longshoremen’s Association (ILA) Local 1235 was sentenced today to 18 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.
Vincent Aulisi, 82, of West Orange, New Jersey – the president of ILA Local 1235 from 2006 through 2007 – 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:
Aulisi and two other former ILA officers – Thomas Leonardis, 57, of Glen Gardner, New Jersey, the president of the union from approximately 2008 through 2011; and Robert Ruiz, 55, of Watchung, New Jersey, the delegate of the union from approximately 2007 through 2010 – 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.
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 Aulisi to serve one year of supervised release and fined him $10,000.
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.
14-367Defense counsel: Joseph Fusella Esq., Bloomfield, New Jersey
Former Union President Sentenced to 18 Months in Prison for Extortion Conspiracy Involving Christmastime Tribute PaymentsRead the Press Release
NEWARK, N.J. B The former president of the International Longshoremen’s Association (ILA) Local 1235 was sentenced today to 18 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.
Vincent Aulisi, 82, of West Orange, New Jersey – the president of ILA Local 1235 from 2006 through 2007 – 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:
Aulisi and two other former ILA officers – Thomas Leonardis, 57, of Glen Gardner, New Jersey, the president of the union from approximately 2008 through 2011; and Robert Ruiz, 55, of Watchung, New Jersey, the delegate of the union from approximately 2007 through 2010 – 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.
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 Aulisi to serve one year of supervised release and fined him $10,000.
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.
14-367
Defense counsel: Joseph Fusella Esq., Bloomfield, New Jersey