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Monday 22 September 2014
Former Nurse and Home Healthcare Provider Pleads Guilty to Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – John Jaramillo, 45, of Albuquerque, N.M., entered a guilty plea this morning to federal child pornography charges. The guilty plea was entered without the benefit of a plea agreement.
Jaramillo was arrested on April 24, 2014 by special agents of Homeland Security Investigations (HSI) on a criminal complaint charging him with receiving and possessing visual depictions of minors engaged in sexually explicit conduct. At the time of his arrest, Jaramillo was a registered nurse employed by two home healthcare providers that provides mental health and medical care for children and adolescents.
On May 21, 2014, Jaramillo was indicted and charged with one count of receipt of child pornography and one count of possession of child pornography. The indictment alleged that Jaramillo received and possessed child pornography from June 2013 to March 2014 in Bernalillo County, N.M. During today’s proceedings, Jaramillo pled guilty to both counts of the indictment.
According to court filings, the investigation leading to Jaramillo’s arrest began in Nov. 2013, when an agent with the New Mexico State Police identified an IP address that was being used to share child pornography while conducting an investigation targeting those who share child pornography on peer-to-peer file sharing networks. Subsequent investigation revealed that the IP address was subscribed to Jaramillo’s residence in west side of Albuquerque.On April 24, 2014, HSI, the New Mexico State Police, the Bernalillo County Sheriff’s Office, and the Albuquerque Police Department, all agencies that participate in the New Mexico Internet Crimes Against Children (ICAC) Task Force, executed a federal search warrant at the residence and seized Jaramillo’s computer and computer-related media. A forensic examination of Jaramillo’s computer recovered images and videos consistent with child pornography.
Jaramillo has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Jaramillo faces a federal prison term of not less than five years and not more than 20 years. Jaramillo also will be required to register as a sex offender.This case was investigated by the Sexual Predator Exploitation and Enforcement Detail (SPEED) of HSI in Albuquerque, the New Mexico State Police, the Bernalillo County Sheriff’s Office and the Albuquerque Police Department.
The case is being prosecuted by Assistant U.S. Attorney Jacob A. Wishard as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The Operation also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 74 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Former Lexington Attorney Sentenced to 20 Years for Fraud, Obstruction of Justice, and Conspiracy to Distribute Controlled SubstancesRead the Press Release
LEXINGTON, KY -A former Lexington attorney was sentenced today to 20 years in prison for wire fraud, mail fraud, tax fraud, obstruction of justice, and distribution of synthetic marijuana..
U.S. Senior District Court Judge Joseph M. Hood sentenced 35-year-old Seth J. Johnston and ordered him to serve three years of supervised release following the completion of his prison sentence. Under federal law, Johnston must serve at least 85 percent of his prison sentence. Restitution will be determined at a later date. Johnston pleaded guilty to the charges in October of 2013.
“Mr. Johnston relentlessly pursued a course of criminal conduct that is breathtaking in both its scope and audacity,” said Kerry B. Harvey, U.S. Attorney for the Eastern District of Kentucky. “He seemingly missed no opportunity to defraud those with whom he dealt; often abusing his status as an attorney to do so. The sentence imposed today is just punishment for reprehensible conduct that victimized so many who placed their trust in Mr. Johnston.”
In a related hearing held on September 4th and 5th, 2014, Judge Hood found that Johnston engaged in multiple fraud schemes, resulting in a total loss amount of over $4 million dollars, to more than 250 victims, and that his crimes involved the abuse of a position of trust. In addition, Judge Hood found that Johnston had violated a prior order of the court and had engaged in obstructive conduct, including instructing others in the commission of criminal activity.
Johnston previously admitted that he was responsible for collecting money for plaintiffs in a civil lawsuit, as part of a settlement regarding the diet drug Fen-Phen. Johnston diverted $14,963.15 of the collected money for his personal use. Angela Ford, the Lexington attorney representing the plaintiffs in the lawsuit, hired the law firm where Johnston worked to garnish assets of the defendants in that lawsuit, William Gallion, Shirley Cunningham and Melbourne Mills, Jr. This fraud scheme started in 2008 and continued through 2010.
In addition, Johnston admitted to defrauding Ford when she hired Johnston to establish multiple corporate bank accounts to hold $3.5 million of Ford’s money. Johnston acknowledged that he diverted a significant amount of Ford’s money for his own personal gain, some of which he used to purchase property for other clients. To cover up this scheme, Johnston provided Ford with fraudulent bank documents regarding the status of her money.
Johnston also admitted that in 2010 he perpetrated a scheme to defraud the residual heirs of an Estate for which he provided representation. According to court records, he diverted approximately $1.1 million dollars that should have gone to the residual heirs of the Estate.
Johnston further admitted that, as part of a drug conspiracy, he provided approximately $100,000 to others, to purchase synthetic marijuana to be distributed in Lexington.
Johnston also acknowledged that in 2013, he instructed witnesses, under subpoena to provide records to the grand jury regarding the fraud offenses, to destroy documents so that certain evidence would not be available. Johnston further admitted that, in 2011, he under reported his taxable income to the IRS. Specifically, Johnston reported an income of $26,372 when, in fact, his income was $208,950.
Kerry B. Harvey, United States Attorney for the Eastern District of Kentucky; Howard S. Marshall, Special Agent in Charge, FBI; Christopher Henry, Special Agent in Charge, IRS; James V. Allen, Acting Special Agent in Charge, DEA, and Ronnie Bastin, Chief of the Lexington Division of Police, jointly announced the sentence.
The investigation was conducted by the FBI, IRS, DEA and Lexington Police. Assistant U.S. Attorneys Erin M. Roth and Robert Duncan Jr., prosecuted the case on behalf of the federal government.
Former Chief of Longwood Police Department IndictedRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Thomas S. Jackson (57, Longwood) and Samer S. Majzoub (53, Heathrow) with one count of conspiracy and three counts of bribery concerning programs receiving federal funds. If convicted, each faces a maximum penalty of five years in federal prison for the conspiracy count and ten years’ imprisonment for each bribery count. Jackson was arrested last week in Ashville, North Carolina. He made his initial appearance in the Western District of North Carolina on September 19, 2014, and was released on a bond.
Jackson was the Chief of the Longwood Police Department from 1997 to May 28, 2010. According to the indictment, between October 2007 and the date of Jackson’s retirement from the Longwood Police Department, Majzoub paid Jackson more than $30,000 in bribes, in six different payments. The payments ranged from $3,700 to $6,200. In return, Jackson appointed Majzoub as an officer with the Longwood Police Department. Jackson also gave Majzoub the supervisory titles of Commander, Lieutenant, and Sergeant, and provided Majzoub with badges and credentials that represented him as an officer of the Longwood Police Department. Majzoub is a convicted felon. As a result of his prior federal felony conviction, Majzoub is prohibited from possessing a firearm or ammunition. Under Florida law, a convicted felon is not eligible to be employed or appointed as a law enforcement officer.
An indictment is merely a formal charge that a defendant has committed a violation of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service – Criminal Investigation, with assistance from the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Longwood Police Department. It will be prosecuted by Assistant United States Attorney Roger B. Handberg.
Former Apartment Complex Manager Sentenced to Federal Prison for Embezzlement of Public Housing FundsRead the Press Release
Orlando, FL – U.S. District Judge Roy B. Dalton, Jr. sentenced Liliam Patricia Urbina (46, Sanford) today to one year in federal prison for embezzlement from programs receiving federal funds. As part of her sentence, the Court also entered a money judgment in the amount of $80,168.16, the funds Urbina obtained through the offense. She pleaded guilty on June 3, 2014.
According to court documents, Urbina was employed as the manager of an apartment complex that is owned and operated by the Winter Park Housing Authority. The complex receives federal funding and provides affordable housing. As the manager, Urbina collected rent from the tenants. She deposited some of the payments that she received from tenants into bank accounts that she controlled, and then used the money to pay her own rent and purchase a vehicle for herself.
Urbina provided false information on her initial employment application in order to obtain the position as manager, using her daughter’s social security number and thereby concealing her prior criminal record. She also concealed the year-long criminal conduct by altering the books of the apartment complex that she managed.
This case was investigated by the Department of Housing and Urban Development, Office of Inspector General. It was prosecuted by Assistant United States Attorney Daniel C. Irick.
Five 7-Eleven Franchisees and Operators Plead Guilty to Multi-State Scheme Involving the Employment and Victimization of Alien EmployeesRead the Press Release
BROOKLYN, NY – Earlier today, Farrukh Baig, Malik Yousaf, Bushra Baig, Shahnawaz Baig, and Zahid Baig pleaded guilty at the federal courthouse in Central Islip, New York, to committing wire fraud and concealing and harboring illegal aliens employed at 7-Eleven, Inc. (7-Eleven) franchise stores located throughout Long Island and Virginia. When sentenced, Farrukh Baig and Malik Yousaf face up to 20 years’ imprisonment, and Bushra Baig, Shahnawaz Baig, and Zahid Baig face up to 10 years’ imprisonment.
The pleas were announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York; James T. Hayes, Jr., Special Agent-in-Charge, Homeland Security Investigations, New York Field Office (HSI); Joseph A. D’Amico, Superintendent, New York State Police; Edward Webber, Commissioner, Suffolk County Police; and Irv Miljoner, District Director, United States Department of Labor.
“Using the 7-Eleven brand, the defendants dispensed wire fraud and identity theft, along with Big Gulps and candy bars. In our backyards, the defendants not only systematically employed illegal aliens, but concealed their employment by stealing the identities of children and even the dead. The defendants also exploited their alien employees, stealing their wages and requiring them to live in unregulated boarding houses,” stated United States Attorney Lynch. “We are committed to preserving the rule of law and protecting our communities from the abuses of corrupt businesses seeking to gain illegal advantage. I would like to thank our partners at HSI, New York State Police, Suffolk County Police and the United States Department of Labor for their hard work on this important and ongoing investigation.”
“These defendants knowingly hired illegal aliens to feed their greed, stole the identities of unsuspecting U.S. citizens, and swindled more than 2.6 million dollars in wages from their enslaved workers,” said HSI Special Agent-in-Charge Hayes. As a result of this investigation, HSI and its law enforcement partners have recorded the largest worksite enforcement forfeiture in the United States. This case serves notice to employers – that they will be severely punished
if they seek to profit on the back of an illegal workforce.”
According to court filings and facts presented in court, the defendants, who owned, managed, and controlled fourteen 7-Eleven franchise stores during the course of the conspiracies, allegedly hired dozens of illegal aliens, equipped them with more than 20 identities stolen from United States citizens, housed them at residences owned by the defendants, and stole substantial portions of their wages. During the scheme, the defendants generated over $182 million in proceeds from the 7-Eleven franchise stores. Profits from those stores were shared by the defendants and 7-Eleven.
These are the first convictions in the government’s ongoing inquiry, which is already one of the largest criminal alien employment investigations ever conducted by the Department of Justice and the Department of Homeland Security. The defendants have agreed to forfeit the franchise rights to ten 7-Eleven stores in New York and four 7-Eleven stores in Virginia, as well as five houses in New York worth over $1.3 million. According to the Department of Homeland
Security, the case announced today constitutes the largest criminal immigration forfeiture in its history. In addition, the defendants agreed to pay $2,621,114.97 in restitution for the back wages that they stole from their workers. Two additional defendants in this case have previously pleaded guilty.
The sentencing proceedings for these defendants have not yet been scheduled but will be held before United States District Judge Sandra J. Feuerstein, at the federal courthouse in Central Islip, New York. The pleas were taken by United States Magistrate Judge Steven I. Locke.
The government’s case is being prosecuted by Assistant United States Attorneys Christopher A. Ott, Brian Morris and Elliot M. Schachner.
This prosecution was the result of efforts by President Obama's Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. Attorneys’ Offices, and state and local partners, it’s the broadest coalition of law enforcement, investigatory, and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state, and local authorities; addressing discrimination in the lending and financial markets, and conducting outreach to the public, victims, financial institutions, and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit http://www.StopFraud.gov.
Tips and Information
For questions or concerns about immigrant workers and job seekers, contact the New York State Department of Labor Division Policies and Affairs (DIPA) at its toll-free worker hotline (1-877-466-9757).
E.D.N.Y. Docket No. 14-CR-351(SJF)
The Defendants:
FARRUKH BAIG
Citizenship: Naturalized United States Citizen
Age: 58
Head of Harbor, New York
BUSHRA BAIG
Citizenship: Naturalized United States Citizen
Age: 50
Head of Harbor, New York
MALIK YOUSAF
Citizenship: Naturalized United States Citizen
Age: 52
South Setauket, New York
ZAHID BAIG
Citizenship: Naturalized United States Citizen
Age: 53
Chesapeake, Virginia
SHANNAWAZ BAIG
Citizenship: Naturalized United States Citizen
Age: 63
Virginia Beach, Virginia
Final Defendant in Scheme That Smuggled Drugs Through TSA Screening Checkpoints at LAX Sentenced to Nearly 7 Years in PrisonRead the Press Release
LOS ANGELES – A former screener with the Transportation Security Administration who conspired to smuggle narcotics through screening checkpoints at Los Angeles International Airport was sentenced today to 80 months in prison.
Naral Richardson, 32, of South Los Angeles, who was the facilitator of the scheme that involved three TSA screeners at LAX, was sentenced by United States District Judge Margaret M. Morrow. Richardson is the last of seven defendants in this case to be sentenced to federal prison.
Richardson made arrangements so that 45 kilograms of cocaine, 4 kilograms of methamphetamine and 22 kilograms of marijuana were allowed to pass through security screening checkpoints at LAX.
Richardson pleaded guilty in March to a drug-trafficking conspiracy count, admitting that he used his contacts at LAX to facilitate and profit from five “pass-throughs” of drugs at LAX. During these pass-throughs, Richardson arranged for corrupt TSA screeners to look the other way as couriers carried suitcases containing cocaine, methamphetamine and marijuana through the airport for distribution around the country. As part of the scheme, Richardson arranged for the couriers and corrupt screeners to meet beforehand so they would recognize each other and the courier would get into the correct screening lane.
Richardson worked as a screener until he was terminated by the TSA in February 2011, and while employed at LAX he “routinely allowed high-volume drug traffickers to pass drugs through his security screening lane for as much as $1,000 per pass-through,” prosecutors wrote in a sentencing memorandum filed with the court.
The co-defendants previously sentenced in this scheme are:
John Brandon Whitfield, 25, of Los Angeles, a former TSA screener, who received a sentence of 70 months imprisonment;
Joy Lenisha White, 29, of Compton, a former TSA screener, who was sentenced to 70 months in prison;
Capeline Sheri McKinney, 27, of Los Angeles, a former TSA screener, who received a sentence of 50 months imprisonment;
Duane Lewis Eleby, 30, of Downey, a drug courier, who was sentenced to 90 months in prison;
Terry Dean Cunningham, 30, of Los Angeles, a drug courier, who received a sentence of 18 months imprisonment; and
Stephen Anthony Bayliss, 30, of Los Angeles, a drug courier, who was sentenced to 41 months in prison.
The investigation into this case was conducted by the Drug Enforcement Administration and IRS-Criminal Investigation, under the auspices of the Los Angeles High Intensity Drug Trafficking Area (HIDTA).
Substantial assistance was provided by the Transportation Security Administration, the Office of the Inspector General for the Department of Homeland Security, the Los Angeles Police Department, the Los Angeles Sheriff's Department, the Los Angeles International Airport Narcotics Task Force, and the Los Angeles Airport Police.
Release No. 14-125
Federal Defendant Sentenced to 15 Years in Prison After Being Convicted on Drug ChargesRead the Press Release
Defendant, a Career Offender, had Two Prior Federal Drug Trafficking ConvictionsPORTLAND, Ore. – Lawrence Orlando Lee, 36, of Portland, Oregon, was sentenced to 15 years in federal prison for intent to distribute methamphetamine. At sentencing, the Court found that Lee qualified as a “Career Offender.” Following his federal prison sentence, Lee will be required to serve eight years of supervised release, which includes a condition prohibiting him from associating with any known gang members.
“The defendant was a drug dealer who helped poison the community for his own personal profit,” stated United States Attorney Amanda Marshall. “Unfortunately, almost everyone involved in the criminal justice system is well aware of the direct and indirect harms that drug dealing, especially methamphetamine and heroin, has wrought here in Oregon and elsewhere. Whether it is drug-affected individuals unable to fully function in society; drug affected parents unable to care for their children; individuals who steal and rob to support drug addictions; or drug-fueled violence, it is safe to say that methamphetamine and heroin, both the dealing and abuse of them, are true blights within our community that adversely affects all of us.”
In December 2011, the Metro Gang Task Force (MGTF) received information from multiple sources that the defendant, identified by his street moniker of “G,” was selling methamphetamine and heroin in the greater Portland, Oregon metropolitan area. On August 12, 2012, as part of their ongoing investigation, MGTF officers arrested the defendant and executed a search warrant on his residence. During the search of the defendant’s residence officers found:
● 330 net grams of methamphetamine (containing 295 grams of actual methamphetamine);
● 98 net grams of heroin;
● $1,665 in U.S. Currency;
● A Interdynamic Luger 9mm Model #KG-99 handgun, with a loaded magazine;
● A Fabrinor Victoria Firestorm .45 caliber handgun, with two loaded magazines; and,
● A Glock 27, .40 caliber handgun, with two loaded magazines.The defendant told the police he had been selling drugs due to his inability to get a legitimate job. When he was asked about the guns, the defendant acknowledged that drug dealing was dangerous and that one of the reasons he had the guns was for his protection.
The defendant was indicted in federal court on August 14, 2012, and had prior felony drug trafficking convictions in 1998 and 2008. He pled guilty in this case on February 19, 2014.
This case was investigated by the Metro Gang Task Force, which is made up of special agents and officers from the FBI; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Portland Police Bureau; the Beaverton Police Department; and, the Tigard Police Department. The case was prosecuted by Assistant U. S. Attorney Scott Kerin, the Chief of the U.S. Attorney’s Office Drug Unit.
Eagle Butte Man Sentenced for Assaulting His Common-Law WifeRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of Domestic Violence Assault by Striking, Beating and Wounding, was sentenced on September 17, 2014, by U.S. Magistrate Judge Mark A. Moreno.
Harold Picotte III, age 40, was sentenced to 18 months of probation, 6 months of home confinement, and a $25 special assessment to the Federal Crime Victims Fund.
Picotte was indicted for Assault by Strangulation by a federal grand jury on May 13, 2014. He pled guilty to Assault by Striking, Beating and Wounding on July 17, 2014. The conviction arose from an incident on February 20, 2014, at Eagle Butte, when Picotte got into an argument with the victim, a woman with whom he was cohabitating. Subsequent to the verbal argument, Picotte struck, beat, and wounded the victim, his common-law wife, with whom he has lived as a spouse for several years.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Eagle Butte Man Sentenced for Assaulting A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man charged with Assaulting, Resisting and Impeding a Federal Officer pled guilty and was sentenced on September 15, 2014, by U.S. Magistrate Judge Mark A. Moreno.
Cleveland Buckman, age 37, was sentenced to 12 months in custody, 1 year of supervised release, and $25 to the Federal Crime Victims Fund.
The conviction stems from an incident that took place on June 3, 2014, when Buckman forcibly assaulted a Cheyenne River Sioux Tribal Officer while the officer was engaged in the performance of his official duties.
The investigation was conducted by the Cheyenne River Sioux Law Enforcement Division. The case was prosecuted by Assistant U.S. Attorney Mikal Hanson.
Buckman was remanded to the custody of the U.S. Marshals Service to begin serving his sentence.
District Man Sentenced to over 11 Years in Prison for Child Pornography and Child Sexual Abuse ChargesMore Than 700 Videos and 100 Images of Child Pornography Seized in Search of Defendant’s ResidenceRead the Press Release
WASHINGTON – Cristian Gutierrez, 22, of Washington, D.C., was sentenced today to 11 years and three months in prison on child pornography and child sexual abuse charges, announced U.S. Attorney Ronald C. Machen Jr., Clark E. Settles, Special Agent in Charge, U.S. Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI), Washington, D.C., and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
Gutierrez pled guilty in June 2014 in the U.S. District Court for the District of Columbia to one count of possession of child pornography and two counts of second-degree child sexual abuse. He was sentenced by the Honorable Senior Judge Gladys Kessler. Upon completion of his prison term, Gutierrez will be placed on 15 years of supervised release. During his supervised release, Gutierrez is subject to limitations on computer and Internet use and restrictions on contact with minors. He also must undergo sex offender testing and treatment. Finally, he must register for at least 25 years as a sex offender.
According to the government’s evidence, a law enforcement investigation determined that, between May 4, 2013 and Aug. 13, 2013, Gutierrez received and possessed child pornography on his personal laptop computer and other electronic storage devices at his residence. On various dates during that time-frame, he downloaded numerous images and videos depicting child pornography to his computer using a peer-to-peer file sharing program and made those files available for downloading by other users of the program.
On Aug. 16, 2013, pursuant to a warrant, law enforcement searched the defendant’s residence. Law enforcement located a total of more than 700 videos and more than 100 images depicting child pornography on the laptop and other electronic storage devices. Gutierrez initially denied possessing child pornography, but eventually admitted that he downloaded the suspected child pornography files that were on the laptop computer.
The search led to evidence of the defendant’s other conduct. An investigation revealed that between April and August of 2013, on at least five occasions, Gutierrez touched the genitals on top of the clothing of two 12-year-old boys.
In announcing the sentence, U.S. Attorney Machen, Special Agent in Charge Settles, and Chief Lanier praised the work of the HSI Special Agents who investigated the case and expressed appreciation for the assistance of MPD detectives. They also commended the efforts of Assistant U.S. Attorney Cassidy Kesler Pinegar, who prosecuted the case.
14-212Cuyahoga County to Get Justice Department Grant to Combat Domestic Violence HomicidesRead the Press Release
Attorney General Eric Holder announced Monday that the Justice Department has selected four sites to receive a total of $2.6 million in grants to implement promising models aimed at reducing domestic violence homicides. Over the next two years, these sites—Pitt County, North Carolina; Cuyahoga County, Ohio; Contra Costa County, California; and the Borough of Brooklyn, New York—will institute screening models and evidence-based strategies that will allow them to anticipate potentially lethal behavior, take steps to stop the escalation of violence, and – ultimately – save lives. The National Institute of Justice will conduct an evaluation of the models in each of the selected sites to identify the key components needed to successfully adapt the domestic violence homicide prevention models nationwide.
“Domestic violence is more than a crime against just the victim,” said Attorney General Holder in a video message posted on the Justice Department’s website. “It is a crime against all of us as a society. And our collective response must treat it as such.”
The complete text of the Attorney General’s video message is below:
“Domestic violence is a devastating crime that claims far too many lives. Studies have shown that, on average, three women die every day in America at the hands of their partner or ex-partner. And from 2009 to 2012, 40 percent of mass shootings started with the killer targeting a girlfriend, wife, or ex-wife. These are tragic and shocking statistics, and the Justice Department is working hard to bring an end to this horrific status quo.
“Under the Violence Against Women Act, which was reauthorized last year, the Department of Justice is taking vital action to protect and empower women and partners who are being exploited and abused. Through our Office on Violence Against Women, we are working to support victims and hold perpetrators accountable by promoting a coordinated community response. And in the reauthorized Act, this Administration helped to secure important new protections for women in Indian Country, LGBT individuals, and others.
“These are important achievements – but we must do more. That’s why, in 2013, I was proud to stand with Vice President Biden to unveil a new grant-funded initiative to help reduce domestic violence homicides. This funding provided twelve communities– in states across the country – with the opportunity to reduce domestic violence homicides by effectively identifying potential victims and monitoring high-risk offenders.
“And today, I am pleased to announce that four sites have been selected to receive a total of $2.6 million to implement promising models aimed at reducing domestic violence homicides. In Pitt County, North Carolina; in Cuyahoga County, Ohio; in Contra Costa County, California; and in the Borough of Brooklyn, New York – these two-year awards will make a tremendous difference, helping local officials to put their anti-violence initiatives into practice.
“In that time, they will institute screening models and evidence-based strategies that will allow them to anticipate potentially lethal behavior, take steps to stop the escalation of violence, and – ultimately – save lives. These innovative programs can then be studied and replicated in order to protect those who are at risk – and stop would-be abusers – across the United States.
“We have come a long way since the time when these incidents of abuse were considered private, household matters. But we have a ways to go still. Domestic violence is more than a crime against just the victim. It is a crime against all of us as a society. And our collective response must treat it as such.
“Going forward, the Justice Department will continue to build our important efforts to end violence against women and girls – no matter who they are or where they live – because all Americans deserve to feel safe and secure in their homes, on their college campuses, and on the streets of our communities.
“As we strive to end the epidemic of domestic and intimate partner violence, all of us have a great deal of work to do. But this Administration, this Department of Justice – and I personally – will not waver in that effort: to shine a light on violence and abuse; to protect and empower women; and to make domestic violence homicide a thing of the past.”The full video of the Attorney General’s message is available at http://www.justice.gov/agwa.php.
Cookeville Resident Pleads Guilty to EmbezzelmentRead the Press Release
Woman Embezzled More Than $370,000 from Local Credit Union
Latisha Cochran, 36, of Cookeville, Tenn., pleaded guilty today in U.S. District Court, to one count of credit union embezzlement, announced David Rivera, United States Attorney for the Middle District of Tennessee.
In a hearing before U.S. District Court Chief Judge William J. Haynes, Cochran admitted issuing fraudulent loans in the names of fictitious individuals, while employed by the Middle Tennessee Federal Credit Union. Cochran admitted that she used the funds from the fraudulent loans for her own personal use, and also used fraudulent credit cards associated with the loans to make personal purchases.
Cochran also admitted taking actions to conceal her embezzlement, including opening accounts in fictitious names, using fictitious addresses, fabricating loan documentation, conducting transactions outside of normal business hours, making loan payments using embezzled funds, and shredding loan files. Cochran acknowledged to the Court that she embezzled more than $370,000, and agreed to make full restitution to the Middle Tennessee Federal Credit Union.Cochran is scheduled to be sentenced by Judge Haynes on December 12, 2014. She faces up to 30 years in prison and a fine of up to $1,000,000.
The case was investigated by the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney William F. Abely.
Colorado Springs Doctor Agrees to Pay over $85,000 to Settle Allegations That He Improperly Billed TRICARERead the Press Release
DENVER – A Colorado Springs doctor has agreed to pay $86,675.68 to settle allegations that he inappropriately billed TRICARE, the United States military health insurance program, the U.S. Attorney’s Office for the District of Colorado and the Defense Criminal Investigative Service announced. The U.S. District Court for the District of Colorado also entered a consent judgment against the doctor, David Hatfield, age 48, and his company, DBH. As part of the terms of the settlement Dr. Hatfield has to pay $1,400 per month.
TRICARE is the United States military health insurance program. It pays for, among other things, therapy services to developmentally disabled children who are children of military members. While TRICARE pays for this type of therapy, it does not pay for administrative services.
Dr. Hatfield provided therapy services to developmentally disabled children. The United States alleged that from 2008 through 2013, Dr. Hatfield and DBH also improperly submitted hundreds of claims to the TRICARE program for administrative services. In particular, Dr. Hatfield and DBH improperly collected substantial payments from TRICARE on claims for such things as time spent filling out timesheets, time spent for cancelled appointments where no therapy was provided, or time or money spent on supplies or food.
Dr. Hatfield and DBH have agreed to pay the United States $86,675.68 to resolve these allegations. Dr. Hatfield and DBH further agreed to the entry of a consent judgment against them in the amount of $1,283,027.04 based on this conduct. If Dr. Hatfield does not make the payments based on the settlement agreement, the government can enforce the consent judgment, which would result in Dr. Hatfield having to pay the entire amount of the judgment.
“Healthcare providers can only bill the government for the healthcare services they provide,” said U.S. Attorney John Walsh. “When they charge the government for money not owed to them, such as administrative services in this case, they can and will be held responsible for that conduct.”
“Dr. Hatfield and Developmental Behavioral Health, Inc., overbilled the TRICARE program that provides health care for our military warfighters, their families, and military retirees,” said Janice M. Flores, Special Agent in Charge of the Defense Criminal Investigative Service (DCIS) Southwest Field Office, Arlington, Texas. “If health care providers want to be paid for their services with taxpayer dollars, they have to play by the rules. Americans deserve to know that they are getting their money’s worth. This settlement highlights the Federal Government's continuing resolve to ensure those who defraud the Department of Defense, and ultimately the American taxpayers, are held accountable for their actions.”
This matter was investigated by the Defense Criminal Investigative Service. The Defense Health Agency, Office of Program Integrity, provided significant assistance. It was handled by Assistant U.S. Attorneys Marcy Cook and Zeyen Wu.
Cherokee County Man Pleads Guilty to Multiple Felony Counts in “Sextortion” ProsecutionRead the Press Release
ATLANTA – Destin Whitmore has pleaded guilty to threatening and extorting teen girls with sexually explicit images of themselves, and to distributing and possessing child pornography.
“Whitmore preyed on vulnerable girls who had the misfortune of crossing his path, both in person and online,” said United States Attorney Sally Quillian Yates. “We cannot emphasize enough the dangers to children of revealing personal information and sexually explicit images to others online. This case shows that those images could resurface in the most unexpected and unfortunate ways.”
J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office, stated: “Today’s guilty plea will begin the process of removing a manipulative child predator from our streets. The criminal conduct of Mr. Whitmore, as well as those like him, ensures that the FBI will continue to work with our law enforcement partners in providing significant investigative resources toward the protection of our nation’s youth from those that would exploit or harm them.”
“In our continued partnership with the F.B.I., the Cobb County District Attorney’s Office, and the U.S. Attorney’s Office, and as a member of I.C.A.C. (Internet Crimes Against Children) Task Force, the Cobb County Police Department’s Crimes Against Children Unit will continue to aggressively pursue and prosecute those individuals who seek to exploit and harm our children,” said Sergeant Dana Pierce, Public Information Officer, Cobb County Police Department.
According to United States Attorney Yates, the criminal indictment, and information presented in court: In April 2012, a teen girl in Arizona reported that she was contacted using a popular social media website by an individual using a profile name “Ralph Jenkins.” The individual using the “Jenkins” profile, later identified as Destin Whitmore, sent back to the teen compromising images of herself that she had previously sent to Whitmore, and threatened to send those images to others, including her family members, if she did not immediately create additional images for him.
A subsequent investigation of that profile, along with a profile using the name “Lenny Carlington” showed that both profiles were used by the Defendant, along with his own social media accounts, to transmit pornographic images of numerous teen girls back to the girls to extort them for additional images. If they did not comply with his demands, he threatened to distribute the pornographic images to others and post them on various websites for public consumption. Many of the girls Whitmore extorted were known to him through personal relationships or through long term communications using web cameras with the girls online. Some of the girls had previously sent sexually explicit images to Whitmore or had provided such images to others, which Whitmore subsequently obtained.
Whitmore, 23, of Canton, Ga., pleaded guilty to five counts of extortion, three counts of distribution of child pornography, and two counts of possession of child pornography. Sentencing for Whitmore is scheduled for December 9, 2014, at 10:30 a.m. before U.S. District Court Judge Charles A. Pannell, Jr.
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.This case was investigated by the Cobb County Police Department and the Federal Bureau of Investigation.
Assistant United States Attorneys Jill E. Steinberg and Mary L. Webb are prosecuting the case.
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.
Cedar Rapids Man Pleads Guilty to Possession of A Firearm as A FelonRead the Press Release
A man who pawned a handgun stolen during a burglary pled guilty today in federal court in Cedar Rapids.
Tanner Williams, age 25, from Cedar Rapids, Iowa, was convicted of one count of being a felon in possession of a firearm.
In a plea agreement, Williams admitted that on April 7, 2014, he was convicted of the felony offense of Theft 2nd Degree in the Iowa District Court for Linn County. Then, on May 18, 2014, a Cedar Rapids home was burglarized. Among the items stolen during the burglary was a .22 caliber handgun. On May 20, 2014, Williams pawned the handgun at Marion Guns and Gold. At the plea hearing, the United States asserted that the evidence at sentencing will show Williams had committed the burglary and notified Williams that it would be seeking a sentencing enhancement based on that conduct.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Williams remains in custody of the United States Marshal and will remain in custody pending sentencing. Williams faces a possible maximum sentence of ten years’ imprisonment, a $250,000 fine, $100 in special assessments, and three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney C.J. Williams and was investigated by Federal Bureau of Investigation’s Safe Streets Task Force and the Cedar Rapids Police Department.
Court file information is available at ttps://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-0071.
Career Offender Pleads Guilty to Robbing Queenstown Diamond StoreRead the Press Release
Baltimore, Maryland – Roy Lee Tolbert, age 43, of Washington, D.C., pleaded guilty on September 18, 2014, to the armed robbery of a diamond store in Queenstown, Maryland.
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; Colonel Marcus L. Brown, Superintendent of the Maryland State Police; and Queen Anne’s County State’s Attorney Lance G. Richardson.
According to the facts agreed to at the plea hearing, on May 19, 2013, Roy Lee Tolbert, entered a diamond store in Queenstown wearing a ball cap, wig, fake beard, sunglasses, an oversized suit jacket, jeans, and dark colored shoes. Tolbert went to the back of the store, removed a handgun from his waistband and pointed it at one or more employees of the store, demanding the diamonds that were in the display case. An employee complied with his demands and Tolbert stole approximately 59 engagement-style diamond rings worth an estimated $362,000, placing them into a gray backpack that he was wearing over his stomach.The robbery was witnessed by an off-duty Maryland State Police sergeant, who provided Tolbert’s description to a 9-1-1 operator, then followed Tolbert as he left the store. The State Police sergeant saw Tolbert run behind a building to a waiting motorcycle. Tolbert removed his disguise and placed it into the backpack, then put on a black and neon motorcycle helmet and a black and neon motorcycle jacket. The State Police sergeant continued to follow Tolbert and saw him flee onto a section of Nesbit Road in Grasonville, Maryland, that is a dead-end street. The State Police Sergeant blocked the road until uniformed troopers arrived on the scene. They located Tolbert running through a nearby open field. Tolbert was able to reach the wood line in the area and escape capture. Found hidden on the property of a nearby residence was the motorcycle, the motorcycle helmet and jacket, and the disguise worn by Tolbert in the robbery.
Tolbert’s DNA was recovered from the fake beard and helmet. The owner of the motorcycle, which had been reported stolen in 2010, was Tolbert’s girlfriend. In July 2013, she had filed a request for a protection order, in which she mentioned that Tolbert had a gun, and further described him in a confrontation “pacing the lot with something silver in his hand”. This matches the description of the weapon used during the robbery, which was a semi-automatic handgun with a silver slide.
Tolbert told another person that he committed the robbery, and showed this individual the diamonds. Tolbert also offered to sell diamonds to a co-worker.Tolbert faces a maximum penalty of 20 years in prison for the commercial robbery; and a mandatory minimum of seven years, consecutive to any other sentence, and up to life in prison for brandishing a firearm during a crime of violence. U.S. District Judge Catherine C. Blake scheduled sentencing for December 17, 2014 at 9:00 a.m.
United States Attorney Rod J. Rosenstein praised the FBI, Maryland State Police and Queen Anne’s County State’s Attorney’s Office for their work in the investigation and prosecution. Mr. Rosenstein thanked Assistant U.S. Attorney Bonnie S. Greenberg, who is prosecuting the case.Buffalo Man Convicted of Conspiracy to Distribute Crack CocaineRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Nathaniel Clark, 31, of Buffalo NY, pleaded guilty before District Court Judge Richard J. Arcara to conspiracy to possess with intent to distribute and to distribute crack cocaine. The charge carries a maximum sentence of 40 years in prison, a $5,000,000 fine, or both.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that the charge stems from an investigation into the trafficking of cocaine base and cocaine from the Cleveland, Ohio area into Western New York, and the distribution of those drugs in North Tonawanda, Niagara Falls, Lockport, and Buffalo.
Charges are pending against co-defendant Raysean Clark, 27, of Buffalo. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty. Co-defendants Kayla Combs, 24, of Buffalo, and Tommy Clark, 29, of Niagara Falls, were convicted of conspiracy to possess with intent to distribute and to distribute crack cocaine. Combs will be sentenced on December 10, 2014 at 12:30 p.m., and Tommy Clark will be sentenced on January 15, 2015 at 12:30 p.m. before Judge Arcara.
The plea is the culmination of an investigation on the part of Task Force Agents and Special Agents of the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division, in conjunction with the Niagara County Sheriff's Department and Niagara County Drug Task Force, under the direction of Sheriff James Voutour, and the North Tonawanda Police Department, under the direction of Chief William Hall.
Sentencing is scheduled January 30, 2015 at 12:30 p.m. before Judge Arcara.The plea is the culmination of an investigation by the Federal Bureau of Investigation and 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.
Sentencing is scheduled for January 28, 2015, at 9:00 a.m. before Judge Skretny.Brazilian Man Sentenced on Firearms Trafficking ChargesRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Hugo Barrera, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Office, announce that Sergio Carvalho, 50, formerly of Boca Raton and Brazil, was sentenced on September 19, 2014, on charges of making false statements in a firearm sales record, in violation of Title 18, United States Code, Section 924(a).
Chief U.S. District Judge K. Michael Moore in Fort Pierce sentenced Carvalho to two years in prison, to be followed by two years of supervised release.
According to statements made in open court and documents filed in the case, Carvalho together with his colleague Moizes Maia Nogueira, 44, of Pembroke Pines, visited a federally licensed firearms dealer named Vincent Olavarria, Jr., 48, of Port St. Lucie, on March 30, 2001, in Port St. Lucie. The two men purchased 12 semiautomatic rifles from Olavarria, requesting that Olavarria conceal their names from the firearms sales records. Olavarria agreed to the request, and falsely placed the rifles in the names of other straw purchasers, when completing the sales paperwork required by federal law. Both Nogueira and Carvalho then resold and delivered rifles to Vicente de Paula Vieira, and his son Marcos Barbosa Vieira, two Brazilians who were exporting firearms illegally from the United States to Brazil. Olavarria recruited other straw purchasers to lend their names to false sales records concealing the actual destination of the rifles.
An ATF investigation into the sales records discrepancies led ATF Special Agents to question Carvalho in April 2011 about his purchase of rifles from Olavarria. Carvalho falsely denied knowledge of the rifles. Carvalho also did not volunteer the existence or involvement of Nogueira or the father and son team of the Vieiras, and their respective exports of firearms to Brazil. Following a federal Grand Jury indictment of the defendants in September 2012, all of the other charged defendants have pled guilty and been sentenced by Chief Judge Moore. In June 2013, Olavarria was sentenced to 34 months in prison, and Nogueira was sentenced to 30 months in prison. Straw buyer Darren Cuff, 26, of Port St. Lucie, was sentenced in June 2013, to 21 months in prison, and in September 2013, straw buyer Anthony Olavarria, 49, of Juana Diaz, Puerto Rico, was sentenced to five months in prison. Both Vicente de Paula Vieira and Marcos Barbosa Vieira have been arrested in Brazil by the Brazilian Federal Police and charged with crimes of firearms importation under Brazilian law.
Carvalho was found and arrested on April 30, 2014, in New Orleans, Louisiana, on the arrest warrant from his indictment in this case, and the U.S. Marshals Service returned him to Fort Pierce to face the pending charges.
This case is a result of Project Safe Neighborhoods (PSN). PSN is a Department of Justice nationwide initiative that combines traditional law enforcement activities with community-based support and intervention programs. The two primary goals of the PSN initiative are to reduce and prevent violent crimes and to help past offenders adjust and re-enter the community.
Mr. Ferrer commended the investigative efforts of ATF and the U.S. Marshals Service. The case is being prosecuted by Assistant U.S. Attorney Theodore Cooperstein.
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.
Boston Woman Pleads Guilty to Social Security and Tax FraudRead the Press Release
BOSTON – A Boston woman pleaded guilty today to taking more than $220,000 in Social Security payments to which she was not entitled and failing to pay taxes on that income.
Frances Kenney Moseley, 65, pleaded guilty before U.S. District Judge Indira Talwani to theft of public money and tax evasion. In September 2014, Moseley was charged in a felony information. Sentencing is scheduled for Dec. 22, 2014.
Following the death of Moseley’s father in 2003, and, unaware that he was deceased, the Social Security Administration continued to deposit his retirement benefits into his bank account. Moseley, who was not herself entitled to the benefits, regularly withdrew the deposited Social Security funds after her father’s death. Between 2003 and 2010, Moseley withdrew approximately $222,172 in Social Security funds paid to her deceased father. Moseley also failed to report the money as income on her federal income taxes.
During the same period of time, TIAA-CREF, a private investment/annuity company, unaware that Moseley’s father had died, continued to deposit annuity payments into the father’s account. Between 2003 and 2010, Moseley regularly withdrew the annuity payments, totaling approximately $248,016. Under the terms of the annuity, the payments were to have ceased upon the death of Moseley’s father.
This case is brought as part of an ongoing effort by the U.S. Attorney’s Office in partnership with the Social Security Administration to investigate and prosecute the posthumous fraud of Social Security benefits. In many of these cases, family members, knowing they are not entitled to government benefits, continue to withdraw and spend the funds after a relative has died.
In August 2014, George Bergstrom of Shrewsbury was sentenced to one year of probation and was ordered to pay $57,948 in restitution—which he paid in full in August—for taking his deceased mother’s Social Security benefits, which were directly deposited into a joint bank account after her death in 2009.
In July 2014, Mary Murphy of Dorchester pleaded guilty to taking her deceased mother’s Social Security and Civil Service retirement benefits totaling $349,777, which were directly deposited into a joint bank account after her death in 1977. Murphy is scheduled to be sentenced on Oct. 22, 2014.
In March 2014, Richard Oldham of Old Orchard Beach, Maine, pleaded guilty to taking his deceased mother’s Social Security payments totaling $195,862 since her death in 1993. After his mother died, Oldham retrieved her Social Security checks from a post office box in Hopkinton, endorsed the checks in his mother’s name, and cashed them. Oldham is scheduled to be sentenced on Oct. 1, 2014.
In October 2013, John Flaherty of Newburyport was sentenced to 10 months in prison and was ordered to pay $168,830 in restitution for taking his deceased mother’s Social Security benefits, which were directly deposited into a joint bank account after her death in 1993.
United States Attorney Carmen M. Ortiz; Scott Antolik, Special Agent in Charge of the U.S. Social Security Administration, Office of the 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; and Lisa A. Quinn, Special Agent in Charge of the U.S. Secret Service, made the announcement today. The Moseley case is being prosecuted by David G. Tobin and Timothy Landry of Ortiz’s Major Crimes Unit.
Barker Woman Pleads Guilty to Drug ChargeRead the Press Release
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Erin Dwyer, 34, of Barker, NY, pleaded guilty to conspiracy to import alpha-PVP, a synthetic narcotic, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison, a fine of $1,000,000 or both.
Assistant U.S Attorney Mary Catherine Baumgarten, who is handling the case, stated that between September 2013, and January 16, 2014, Dwyer, along with co-defendants Richard Dwyer and David Jackson, conspired to import the synthetic narcotics from China using the Internet. The packages were then delivered to Richard Dwyer via the United States Postal Service. Richard Dwyer will be sentenced on November 13, 2014 at 1:00 p.m., and David Jackson will be sentenced on November 26, 2014 at 1:00 p.m.
The plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, and the United States Postal Inspection Service, under the direction of Special Agent in Charge Shelly Binkowski.
Sentencing is scheduled for January 29, 2015 at 1:00 p.m. before Judge Arcara.
Attorney General Holder Announces $2.6 Million in Grants for Domestic Violence Homicide PreventionRead the Press Release
Attorney General Eric Holder announced Monday that the Justice Department has selected four sites to receive a total of $2.6 million in grants to implement promising models aimed at reducing domestic violence homicides. Over the next two years, these sites—Pitt County, North Carolina; Cuyahoga County, Ohio; Contra Costa County, California; and the Borough of Brooklyn, New York—will institute screening models and evidence-based strategies that will allow them to anticipate potentially lethal behavior, take steps to stop the escalation of violence, and – ultimately – save lives. The National Institute of Justice will conduct an evaluation of the models in each of the selected sites to identify the key components needed to successfully adapt the domestic violence homicide prevention models nationwide.
“Domestic violence is more than a crime against just the victim,” said Attorney General Holder in a video message posted on the Justice Department’s website. “It is a crime against all of us as a society. And our collective response must treat it as such.”
The complete text of the Attorney General’s video message is below:
“Domestic violence is a devastating crime that claims far too many lives. Studies have shown that, on average, three women die every day in America at the hands of their partner or ex-partner. And from 2009 to 2012, 40 percent of mass shootings started with the killer targeting a girlfriend, wife, or ex-wife. These are tragic and shocking statistics, and the Justice Department is working hard to bring an end to this horrific status quo.
“Under the Violence Against Women Act, which was reauthorized last year, the Department of Justice is taking vital action to protect and empower women and partners who are being exploited and abused. Through our Office on Violence Against Women, we are working to support victims and hold perpetrators accountable by promoting a coordinated community response. And in the reauthorized Act, this Administration helped to secure important new protections for women in Indian Country, LGBT individuals, and others.
“These are important achievements – but we must do more. That’s why, in 2013, I was proud to stand with Vice President Biden to unveil a new grant-funded initiative to help reduce domestic violence homicides. This funding provided twelve communities– in states across the country – with the opportunity to reduce domestic violence homicides by effectively identifying potential victims and monitoring high-risk offenders.
“And today, I am pleased to announce that four sites have been selected to receive a total of $2.6 million to implement promising models aimed at reducing domestic violence homicides. In Pitt County, North Carolina; in Cuyahoga County, Ohio; in Contra Costa County, California; and in the Borough of Brooklyn, New York – these two-year awards will make a tremendous difference, helping local officials to put their anti-violence initiatives into practice.
“In that time, they will institute screening models and evidence-based strategies that will allow them to anticipate potentially lethal behavior, take steps to stop the escalation of violence, and – ultimately – save lives. These innovative programs can then be studied and replicated in order to protect those who are at risk – and stop would-be abusers – across the United States.
“We have come a long way since the time when these incidents of abuse were considered private, household matters. But we have a ways to go still. Domestic violence is more than a crime against just the victim. It is a crime against all of us as a society. And our collective response must treat it as such.
“Going forward, the Justice Department will continue to build our important efforts to end violence against women and girls – no matter who they are or where they live – because all Americans deserve to feel safe and secure in their homes, on their college campuses, and on the streets of our communities.
“As we strive to end the epidemic of domestic and intimate partner violence, all of us have a great deal of work to do. But this Administration, this Department of Justice – and I personally – will not waver in that effort: to shine a light on violence and abuse; to protect and empower women; and to make domestic violence homicide a thing of the past.”
The full video of the Attorney General’s message is available at http://www.justice.gov/agwa.php.
Another U.S. Medical Center Supervisor Pleads Guilty to Concealing Assault on InmateRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a second supervisor at the U.S. Medical Center for Federal Prisoners in Springfield, Mo., pleaded guilty in federal court today to dissuading an inmate at the facility from reporting an assault by a correctional officer.
Justin K. Flowers, 39, of Ozark, Mo., pleaded guilty before U.S. Magistrate Judge David P. Rush to dissuading a federal inmate from reporting the possible commission of a federal offense. In a separate but related case, James C. Myrick, 42, of Nixa, Mo., pleaded guilty to the same offense on Wednesday, Sept. 17, 2014.
According to today’s plea agreement, Shawn Springer, an inmate at the U.S. Medical Center for Federal Prisoners, was struck by a correctional officer, identified as Officer D.P., on Dec. 3, 2012. The incident occurred while Springer was in the lieutenants’ office, which Flowers and Myrick shared. Springer had been involved in a dispute with a nurse, the wife of the correctional officer, the prior day.
Flowers and Myrick have each admitted that, immediately after the incident, they encouraged Springer not to tell anyone that he was struck in the head by Officer D.P. Springer was offered improved cell accommodations for his silence. After leaving the lieutenants’ office, Springer was moved to a cell where he had access to a television. As a result of Flowers and Myrick’s inducement, Springer told a nurse that he had hit his head while cleaning his bunk, instead of telling the nurse that he was hit in the head by Officer D.P. in their presence.
The next day, Springer reported to a psychologist that he had been assaulted by Officer D.P. During the investigation that followed, Myrick and Flowers each submitted a memo that claimed Springer’s head injury was pre-existing and made no mention of Officer D.P. using force on Springer. This statement was contradicted by other staff members who provided sworn affidavits that supported the conclusion that Springer’s injury was not pre-existing to his visit to their office.
An investigator from the U.S. Department of Justice Office of the Inspector General was dispatched to the Federal Medical Center and interviewed Flowers, Myrick and others. Flowers and Myrick each initially claimed no force was used on Springer. They claimed that Springer’s injury was pre-existing. Myrick later admitted that he failed to report that Springer had been struck by Officer D.P. in his office. He also admitted that his original memo was intentionally misleading.
Officer D.P. admitted striking Springer but denied trying to conceal the matter. Officer D.P. told the investigator that he asked if a memo was required and was told by Myrick that it wasn’t required. In a subsequent interview, Flowers then admitted his statements from the first interview were false and that his original memo was intentionally misleading. Flowers stated that Officer D.P. had in fact struck Springer.
Under federal statutes, Flowers and Myrick are each subject to a sentence of up to three years in federal prison without parole, plus a fine up to $250,000. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
These cases are being prosecuted by Assistant U.S. Attorney Abram McGull, II. They were investigated by the U.S. Department of Justice Office of the Inspector General and the U.S. Medical Center for Federal Prisoners – Special Investigation Unit.Another Detroit Man Pleads Guilty to Drug Distribution in HuntingtonRead the Press Release
HUNTINGTON, W.Va. – United States Attorney Booth Goodwin announced today that Joey Jamal Braggs, 30, of Detroit, Michigan, pled guilty in federal court in Huntington to a charge of distribution of oxymorphone. On July 25, 2014, a confidential informant working with law enforcement, contacted Eric Silverstein to arrange the purchase of 10 40-milligram oxymorphone pills. Silverstein drove the confidential informant to the 1400 block of 4th Avenue in Silverstein's vehicle. Braggs then met Silverstein and the confidential informant and got into the back seat of Silverstein's car where the drug transaction took place. Braggs sold the confidential informant 10 oxymorphone pills in exchange for $600. On July 28, 2014, Braggs made an additional sale of oxymorphone to the confidential informant, with Silverstein again serving as the middle man. Silverstein has been indicted for his role in the drug conspiracy and is awaiting trial scheduled for November 13, 2014, in federal court in Huntington.
Braggs faces up to 20 years imprisonment and a $1 million fine when he is sentenced on January 12, 2015.
This case was investigated by the Huntington Violent Crime and Drug Task Force. This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill and heroin trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.
Anchorage Man Sentenced to 120 Months for Conspiracy to Possess and Distribute MethamphetamineRead the Press Release
Anchorage, Alaska-Acting U.S. Attorney Kevin R. Feldis announced today that a man from Fairbanks, Alaska was sentenced in federal court in Anchorage for conspiracy to possess methamphetamine with intent to distribute.
Thony Yang, 24, was sentenced today by United States District Court Judge Timothy M. Burgess. Yang received a sentence of 120 months in prison and 5 years of supervised release for his conviction of conspiracy to possess methamphetamine with intent to distribute.
On March 5, 2014, law enforcement officers identified a suspicious package that was scheduled to be delivered to an address in Anchorage, Alaska. Officers obtained a search warrant for the package and found 1,400 grams of actual methamphetamine inside. Law enforcement officers replaced the methamphetamine with “sham” or fake methamphetamine and then delivered the package to the Anchorage address where it was picked up by a co-conspirator of Yang. Yang appeared to be conducting surveillance at the residence when the package was delivered. Yang confirmed that he was waiting for the parcel and he expected to receive a portion of the methamphetamine in the package.
Before imposing the sentence, Judge Burgess commented that Mr. Yang had dug himself into a very deep hole at a very young age.
Mr. Yang's co-defendant, Cha Tony Vue, is scheduled to be sentenced on November 6, 2014.
Mr. Feldis commended the Drug Enforcement Administration and the Internal Revenue Service Criminal Investigation Division for the investigation leading to the successful prosecution of Mr. Yang.
Albuquerque Man Sentenced to 125 Months for Conspiring to Distribute Crack Cocaine in Bernalillo and Santa Fe CountiesRead the Press Release
ALBUQUERQUE – Sam Elyicio, Jr., 38, of Albuquerque, N.M., was sentenced this morning to 125 months in federal prison followed by four years of supervised release for participating in a cocaine base trafficking conspiracy. Eylicio previously had entered a guilty plea to a drug trafficking conspiracy count on June 23, 2014.
Elyicio was one of five men who were indicted in April 2013, on federal narcotics and firearms charges as the result of “Operation Rio Grande Stucco,” a DEA led investigation into an organization that allegedly manufactured and distributed cocaine base, more commonly known as “crack” or “crack cocaine,” in Bernalillo and Santa Fe Counties, N.M.
The five-count indictment charged Elyicio, Robert Romero, 26, and Michael Jaramillo, 24, both of Santa Fe, and Albuquerque residents, Gabriel Mirabal, 33, and Dominic Anaya, 33, with conspiracy to distribute crack cocaine in Bernalillo and Santa Fe Counties between May 2012 and April 2013. The indictment also charged three of the defendants with the following substantive crimes: Romero also was charged with possession of crack cocaine with intent to distribute in Santa Fe in July 2012, and with using and carrying a firearm in furtherance of a drug trafficking crime; Jaramillo also was charged with distributing crack cocaine in Santa Fe in March 2012; and Mirabal also was charged with possessing cocaine with intent to distribute in Albuquerque in Feb. 2013.
Jaramillo entered a guilty plea on March 21, 2014, to the conspiracy count and admitted purchasing crack cocaine from two of his co-defendants and then reselling it to others. On July 30, 2014, Jaramillo was sentenced to 78 months in federal prison followed by four years of supervised release.
Romero entered a guilty plea on May 13, 2014, to two drug trafficking charges and a firearms charge. He was sentenced on Aug. 13, 2014 to120 months in federal prison followed by four years of supervised release.
Anaya entered a guilty plea to conspiracy to distribute crack cocaine on Aug. 5, 2014, and faces a prison term of not less than five years and not more than 40 years when he is sentenced. Anaya remains in custody pending his sentencing hearing which is scheduled for Nov. 3, 2014.
Mirabal has entered a not guilty plea to the indictment. If convicted, Mirabal faces a maximum penalty of not less than five years or more than 40 years in prison. He remains in custody pending trial. An indictment is merely an accusation, and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the DEA and the HIDTA Region III Drug Task Force, with assistance from the 1st Judicial District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorney Nicholas J. Ganjei.
The Region III Drug Task Force is comprised of officers from the New Mexico State Police, Santa Fe Police Department and the Santa Fe County Sheriff’s Office and receives support from the HIDTA – High Intensity Drug Trafficking Area – program. HIDTA is a program of the White House Office of National Drug Control Policy that provides assistance to federal, state, local, and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States.
The investigation leading to the indictment, has been designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program, a nationwide Department of Justice initiative that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
"DOJ Law Jobs" to be Available on iTunes and the Play StoreRead the Press Release
The U.S. Department of Justice unveiled a new mobile app, called DOJ Law Jobs, which will provide attorneys and law students with a quick and easy way to find an attorney position or law student internship with the department. DOJ Law Jobs is available for free now on iTunes for Apple iPhone, and additional versions for iPad and Android devices will be available in the next few weeks. The mobile app was developed by the Office of Attorney Recruitment and Management and Office of the Chief Information Officer. Users of the app will be able to create personalized job searches based on practice area, geographic preference, and hiring organization.
DOJ Law Jobs includes the following key features: provides instructions on how to apply to attorney jobs and legal internships; saves search criteria for quick access to future opportunities; allows users to save, share, and email their favorite jobs; and provides access to hundreds of attorney jobs and legal internships at the U.S. Department of Justice. The DOJ Law Jobs logo was developed in-house, following a DOJ-wide request for ideas.
“The new app directly aligns with President Obama’s digital government strategy aimed at delivering better digital services to the American people,” said Director Jamila Frone of the Office of Attorney Recruitment and Management. “We are very excited about this app as it allows an increasingly mobile workforce to quickly and affordably access legal employment opportunities with the department and conduct personalized searches at the touch of a button.”
“Mobility is the future,” said DOJ Chief Information Officer Joseph Klimavicz. “The Department of Justice is committed to changing the way citizens interact with government information. We are tailoring our mobile strategy to align with the needs of American citizens.”
The Department of Justice is the world’s largest law office, employing more than 10,000 attorneys nationwide. The Office of Attorney Recruitment and Management oversees the department’s outreach and recruitment efforts for law students and attorneys with the goal of attracting a highly-qualified and diverse talent pool. For more information, please visit www.justice.gov/legal-careers.
$20,000 Methamphetamine Deal Sends Wichita Man to Federal Prison for 8+ YearsRead the Press Release
WICHITA, KAN. – A Wichita man who arranged to sell an undercover buyer a pound of methamphetamine for $20,000 was sentenced Monday to 100 months in federal prison, U.S. Attorney Barry Grissom said.
Wyatt Leedy, 36, Wichita, Kan., pleaded guilty to one count of conspiracy to distribute methamphetamine. In his plea, Leedy admitted he and co-defendant Patrick C. Hains were arrested Jan. 14, 2014, at Pelican Point Apartments, 2150 N. Meridian, after a Wichita police officer working undercover paid them $20,000 for a pound of methamphetamine. In telephone conversations with the undercover officer, Leedy set up the meeting with Hains in which the money changed hands.
Co-defendants include:
Patrick C. Hains, who was sentenced to 121 months in federal prison.
Jose Ramon Montelongo-Castrejon, who was sentenced to two years on federal supervised release.Grissom commended the Wichita Police Department and Assistant U.S. Attorney Jason Hart for their work on the case.
Sunday 21 September 2014
Investigation into $3.6 Million in Food Stamp Fraud Concluded; Eleven Individuals Convicted in Federal Court,Read the Press Release
Six Retailers Barred from Participating in the Supplemental Nutrition Assistance ProgramPROVIDENCE, R.I. –Eleven individuals have been convicted in federal court and sentenced, and six Providence area convenience stores have been disqualified from participating in the federally funded Supplemental Nutrition Assistance Program (SNAP), concluding a more than two-year federal investigation that uncovered $3.6 million dollars in food stamp fraud by numerous convenience store owners and employees. Sentences imposed by U.S. District Court Judge Mary M. Lisi include court orders that the defendants pay full restitution of stolen government funds to the food stamp program.
In September 2013, United States Attorney Peter F. Neronha, the U.S. Department of Agriculture (USDA), Office of Inspector General, the USDA Food and Nutrition Service - Retailer Investigations Branch, Internal Revenue Service Criminal Investigation and the Rhode Island State Police announced that an investigation revealed that the criminally charged store owners and/or their employees allowed SNAP benefit recipients to use their Electronic Benefit Transfer (EBT) cards to exchange their SNAP benefits for cash, a violation of the program’s laws and regulations. In return, the defendants added a surcharge to the recipients’ withdrawal of SNAP benefits, usually an amount equal to that of the amount of cash benefit received by the recipient.
United States Attorney Peter F. Neronha commented “The sad reality is that there are many hard-working Rhode Island residents who, despite their efforts, have difficulty meeting their family’s basic needs. The SNAP program is designed to help meet one of those basic needs – hunger. Accordingly, every dime from the SNAP program ought to go to a person – in particular a child – who would otherwise go hungry. Yet SNAP fraud, like other federal program fraud, is widespread. There are those, like the defendants here, who see in this worthy and necessary program an opportunity to line their own pockets. When they do so, they reduce the available pool of benefits. Put plainly, they steal food from the mouths of children. Equally plain is what we need to do in response: continue to aggressively investigate and prosecute these cases.”
USDA Office of Inspector General, Special Agent-in-Charge William G. Squires Jr. stated, “The Supplemental Nutrition Assistance Program was created to provide food and nutrition to those who truly need this assistance. Those who are involved in fraud and abuse of SNAP and other USDA programs will be aggressively pursued by our office. Our joint investigation with the U.S. Attorney’s Office, the Internal Revenue Service and the Rhode Island State Police has brought to justice several individuals who sought to profit from the SNAP program through illegal schemes. The USDA Office of Inspector General will continue to dedicate resources and work with our state and local law enforcement partners in order to protect the integrity of these programs and to prosecute those who commit fraud.”
On Friday, , owner of Stop & Go convenience store in Providence, was sentenced to 18 months in federal prison to be followed by three years supervised release, and ordered to pay the government restitution in the amount of $400,000. Rasheed pleaded guilty in February 2014 to conspiring to defraud the food stamp program, food stamp fraud and money laundering; , the manager of Stop & Go, pleaded guilty in December 2013 to one count of conspiracy to commit food stamp fraud and seven counts of food stamp fraud. Mehta was sentenced in April 2014 to time served in federal prison, 3 years supervised release and ordered to pay restitution in the amount of $400,000; , an employee of Stop & Go, pleaded guilty in December 2013 to one count each of conspiracy to commit food stamp fraud and making false statements. He was sentenced in March 2014 to two years probation and ordered to pay restitution to the government in the amount of $1,402.
, owner of the Corner Store and the Regency Mart in Providence, was sentenced on September 5, 2014, to 36 months in federal prison to be followed by three years supervised release and ordered to pay restitution to the food stamp program in the amount of $1,927,755. He pleaded guilty in February 2014 to one count of conspiracy to commit food stamp fraud, three counts of food stamp fraud, eight counts of wire fraud and six counts of money laundering; , manager of Corner Store, was sentenced in March 2014 to 5 years probation and ordered to pay restitution to the food stamp program in the amount of $1,634,755. He pleaded guilty in December 2013 to conspiracy to commit food stamp fraud; , an employee of Regency Mart, pleaded guilty in February 2014 to one count of conspiracy to commit food stamp fraud and four counts each of food stamp fraud and wire fraud. He was sentenced on September 5, 2014, to 3 years probation and ordered to pay restitution to the government in the amount of $293,000; and , an employee of Regency Mart, pleaded guilty in February 2014 to one count of food stamp fraud. He was sentenced in May 2014 to two years probation and ordered to pay restitution to the food stamp program in the amount of $2,662.88.
On May 22, 2014, owner of Express Food Mart in Warwick, was sentenced to 5 years probation, the first 12 months to be served in home detention, and ordered to pay restitution in the amount of $580,000. Waqif Qadir’s wife was sentenced to 3 years probation and ordered to pay $580,000 restitution. Waqif and Asra Qadir pleaded guilty in February 2014 to conspiring to defraud the food stamp program.
, owner of the Dugout convenience store in Providence, was sentenced in December 2013 to 18 months in federal prison to be followed by 3 years supervised release – the first 6 months to be served in home confinement - and ordered to pay restitution in the amount of $398,000 to the food stamp program. Lopez pleaded guilty on October 4, 2013, to conspiracy to commit food stamp fraud, money laundering and filing a false tax return.
On December 19, 2013, , owner of Cristina’s Market in Providence, was sentenced to12 months and 1 day in federal prison to be followed by 3 years supervised release – the first 8 months to be served in home confinement - and ordered to pay restitution in the amount of $399,000 to the food stamp program. Ramirez pleaded guilty on October 4, 2013, to conspiracy to commit food stamp fraud and money laundering.
As a result of the findings of the investigation, convenience store owners charged in this matter are disqualified by the USDA from participating in the Supplemental Nutrition Assistance Program.
“These convictions send a strong message to others who would try to manipulate the SNAP program for their own personal financial gain,” stated William Offord, Special Agent, IRS-Criminal Investigation. “There are serious consequences to these types of financial crimes, including potential prison time and being branded a convicted felon.”
Colonel Steven G. O’DonnellSuperintendent of the Rhode Island State Police added, “The food stamp program is in place to assist those who genuinely are in need of assistance. As is clearly evident in this case, those who make the decision to take advantage of the system for no reason other than greed will face consequences. I commend the United States Attorney, members of the Rhode Island State Police and federal agents for rooting out these individuals and continuing to collaborate to ensure the integrity of the food stamp program.”
Criminal cases in this matter were prosecuted by Assistant U.S. Attorneys Sandra R. Hebert and Richard B. Myrus. Assistant U.S. Attorney Leslie J. Kane represented the government in U.S. District Court in appeals brought by retailers disqualified from participating in the Supplemental Nutrition Assistance Program.###
To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]
Saturday 20 September 2014
New York State Youth Courts to Meet Monday in SyracuseRead the Press Release
Youth Courts meet at Syracuse University College of Law
MONDAY– September 22, 2014- 9amSYRACUSE, NEW YORK – U.S. Attorney Richard S. Hartunian and Retired New York State Court of Appeals Judge Judith Kaye will speak at the annual meeting of New York State Youth Courts at the new Syracuse University College of Law at Dineen Hall.
U.S Attorney Hartunian stated “Youth Courts are one of the most effective ways to reduce juvenile crime. More Communities need to support this innovative way of deterring teens from becoming involved in the criminal justice system”
Syracuse area youth court students will be conducting a mock hearing exercise.
9:00am Guest Speakers – Dean Hannah R. Arterian, Syracuse University College of Law & Richard S. Hartunian, United States Attorney Northern District of New York
Keynote Address – Judge Judith S. Kaye, Co-Chair, NYSBA Committee on Youth Courts
10:15-10:45am – Mock Hearing, Melanie Gray Ceremonial Courtroom
11:00am-12:00pm – Concurrent Workshops:
Innovative Practices and Volunteer Training – MacNaughton Collaboratory
Presenters: Katherine Chambers, Warren County Youth Court and Sharese Crouther, Brownsville Youth Court
Positioning for Sustainability – Conference Room 222
Presenter: Jack Levine, NAYC Program Director
12:00-1:00pm – Lunch, MacNaughton Collaboratory1:00-2:00pm –Melanie Gray Ceremonial Courtroom
Implications of “Raising the Age” in NYS on Youth Courts – Center for Youth Executive Director Elaine Spaull, PhD., JD2:00-3:15pm – Facilitated Roundtable Discussions, MacNaughton Collaboratory
How Youth Courts can prepare for changes in NYS – Facilitated by Marilyn MoreyMan Sentenced in Federal Court for Robbery at Topeka RestaurantRead the Press Release
TOPEKA, KAN. - A man was sentenced Monday to 84 months in federal prison for committing an armed robbery at a Topeka restaurant, U.S. Attorney Barry Grissom said.
Derick Renee Crawford, 24, Topeka, Kan., pleaded guilty to one count of robbery, one count of brandishing a firearm during the robbery and one count of unlawful possession of a firearm following a felony conviction. In his plea, he admitted he and co-defendant Travis Jeremy Coffman committed an armed robbery Aug. 18, 2013, at the Red Robin restaurant at 6230 S.W. 6th in Topeka.
Armed with a can of mace, Coffman ordered an employee inside the restaurant and forced her to retrieve money from the safe. Crawford remained outside holding the remaining employees as gunpoint. Crawford told the employees that he would kill anyone who called the police.
Co-defendant Travis Jeremy Coffman is set for sentencing Nov. 3.
Grissom commended the Topeka Police Department, the FBI, the Shawnee County District Attorney’s Office and Assistant U.S. Attorney Jared for their work on the case.
Friday 19 September 2014
Week in Review – South BendRead the Press Release
South Bend, Indiana — The United States Attorney’s Office announced the following activity in Federal Court:
PLEA
- Alfred Frank Dillard, 55, of South Bend, Indiana pled guilty to the felony offense of being a felon in possession of a firearm. The magistrate judge is recommending that the district court accept the tendered guilty plea. Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Sentencing has been set for 12/22/2014. This case is being prosecuted by Assistant United States Attorney Donald Schmid.
- Carlis Young, 37, of Indianapolis, Indiana pled guilty to the felony offense of being an unlawful user of a controlled substance while possessing a firearm. The magistrate judge is recommending that the district court accept the tendered guilty plea. Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Sentencing has been set for 12/18/2014. This case is being prosecuted by Assistant United States Attorney Jesse Barrett.
- Jesus A. Campos, 35, of Mexico pled guilty to the felony offense of conspiracy to distribute and possess with the intent to distribute marijuana in excess of 100 kilograms. The magistrate judge is recommending that the district court accept the tendered guilty plea. Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Drug Enforcement Administration. Sentencing has been set for 12/23/2014. This case is being prosecuted by Assistant United States Attorney William T. Grimmer.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
DISPOSITIONS
- Melvin Darnell White, 27, of Elkhart, Indiana was sentenced to time served with 3 years supervised release and 9 months home detention after pleading guilty to the felony offense of being a felon in possession of a firearm. According to documents filed in this case, White had previously been convicted of a felony drug charged in LaPorte County, Indiana in 2009. On July 2nd, 2012, White had in his possession an Iberia Hi Point JC caliber pistol that he had agreed to sell to someone. This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives. This case was prosecuted by Assistant United States Attorney William T. Grimmer.
- Shan Skinner, 44, of South Bend, Indiana was sentenced to 30 months imprisonment with 2 years supervised release after pleading guilty to the felony offense of being a felon in possession of a firearm. According to documents filed in this case, Skinner possessed a Cobra handgun in Laporte County, Indiana. He had been convicted of a felony firearm violation in Illinois in 2005. This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives. This case was prosecuted by Assistant United States Attorney Frank Schaffer.
- David Carranza, 31, of Goshen, Indiana was sentenced to 1 year probation and to pay a fine of $1000 after pleading guilty to the felony offense of using a communication facility in causing or facilitating another felony. According to documents filed in this case, Carranza used a telephone to facilitate a narcotics transaction. This case was the result of an investigation by the Drug Enforcement Administration. This case was prosecuted by Assistant United States Attorney Frank Schaffer.
- Africa Gunn, 37 of South Bend, Indiana was sentenced to 27 months imprisonment, 2 years supervised release and to pay $106,225.91 in restitution after pleading guilty to the felony offense of conspiracy to defraud the government with respect to claims. According to documents filed in this case, Gunn participated with others in a false tax return preparation and filing scheme in South Bend, Indiana. Individuals prepared and submitted Forms 1040, U.S. Individual Income Tax Returns, with false or inflated Forms W-2 to obtain false tax refunds. As a result of this scheme, approximately 1,189 tax returns were submitted in tax years 2008-2010, requesting approximately $3,543,794.00 in false tax refunds. Gunn opened and controlled bank accounts that received refunds from the false taxes returned and shared in the proceeds from these false returns. This case was the result of an investigation by the Internal Revenue Service – Criminal Investigation Department. This case was prosecuted by Assistant United States Attorney Frank Schaffer.
Week in Review – HammondRead the Press Release
Hammond, Indiana — The United States Attorney’s Office announced the following activity in Federal Court:
PLEAS
- Montrell Jolly, 24, of Gary, Indiana pled guilty to the felony offense of being a felon in possession of a firearm. This charge was filed as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Sentencing has been set for 12/11/14. This case is being prosecuted by Assistant United States Attorney Thomas McGrath.
- Andy Mitchell, 55, of Michigan City, Indiana pled guilty to the felony offense of conspiracy to defraud the United States. This charge was filed as a result of an investigation by the United States Postal Service. Sentencing has been set for 12/10/2014. This case is being prosecuted by Assistant United States Attorney Toi Houston.
- Toni Alexander, 43, of Calumet City, Illinois pled guilty to the felony offense of conspiracy to defraud the United States. This charge was filed as a result of an investigation by the United States Postal Service. Sentencing has been set for 12/9/2014. This case is being prosecuted by Assistant United States Attorney Toi Houston.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
DISPOSITIONS
- James Gerodemos, 51, of Schererville, Indiana was sentenced to 6 months incarceration, to pay a fine of $50,000 with 1 year of supervised release after pleading guilty to the felony offense of engaging in the business of dealing in explosive materials without a license to do so. According to documents filed in this case, in June of 2013, Gerodemos was found to be in possession of over 16,000 lbs. of commercial and illegal explosives that he intended to sell. This case was the result of an investigation by the Federal Bureau of Investigation. This case was prosecuted by Assistant United States Attorney Thomas McGrath.
Week in Review – Fort WayneRead the Press Release
Fort Wayne, Indiana — The United States Attorney’s Office announced the following activity in Federal Court:
PLEAS
- Henry C. Purifoy, III, 23, of Fort Wayne, Indiana pled guilty to the felony offense of being a convicted felon in possession of a firearm. The magistrate judge is recommending that the district court accept the tendered guilty plea. Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Fort Wayne Police Department. Sentencing has not been set. This case is being prosecuted by Assistant United States Attorney Lovita Morris King.
- Derrell L. Hayes, 29, of Fort Wayne, Indiana pled guilty to the felony offense of being a convicted felon in possession of a firearm. The magistrate judge is recommending that the district court accept the tendered guilty plea. Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Allen County Police Department. Sentencing has not been set. This case is being prosecuted by Assistant United States Attorney Anthony W. Geller.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
DISPOSITIONS
- Edward Williams, 32, of Fort Wayne, Indiana, was sentenced to 120 months imprisonment with 2 years supervised release after pleading guilty to the felony offenses of being a convicted felon in possession of a firearm and possession with intent to distribute crack. According to documents filed in this case, Williams participated in selling cocaine and a firearm to a confidential informant (CI). During the course of this investigation, Williams had made arrangements to meet the CI at an established location. Williams was seen arriving, entering and exiting the residence carrying a Nike shoe box. When Williams left the residence, he was stopped by police and a firearm and crack cocaine were found inside the Nike shoe box. This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Fort Wayne Police Department. This case was prosecuted by Assistant United States Attorney Lesley J. Miller Lowery.
Washington, D.C. Man Sentenced for Role in 2013 String of Armed Bank RobberiesRead the Press Release
ALEXANDRIA, Va. – Tayron Tyree Weeks, 24, of Alexandria, pleaded guilty yesterday to engaging in the sex trafficking of a child.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Colonel Edwin C. Roessler Jr., Fairfax County Chief of Police; Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office; and Earl L. Cook, Alexandria Chief of Police, made the announcement after the plea was accepted by U.S. District Judge T. S. Ellis, III.
In a statement of facts filed with the plea agreement, Weeks admitted that he met a 14-year-old girl at the Braddock Road Metro Station and eventually took the girl to a friend’s apartment in Alexandria, where Weeks engaged in sexual acts with her. Weeks then asked the victim if she was interested in earning money by selling her body, and Weeks encouraged the girl to do so. The victim told Weeks that she was only 14 years old, and Weeks responded “money is money,” and something to the effect of “You might as well get paid for something most girls do for free.”
The victim eventually contacted the police and allowed the police to use her Facebook account. While posing as the victim, police personnel told Weeks about a fictitious girl named “Alisha,” who purportedly wanted to be prostituted. A Fairfax County Police detective posed as “Alisha” and called Weeks on the telephone. Weeks described to “Alisha” how the prostitution would work. Weeks also informed “Alisha” that she and the victim would perform sex acts with the same customer because customers would pay more for this simultaneous service.
On a few occasions, Weeks and “Alisha” discussed the unlawfulness of prostituting underage girls, and Weeks conceded to “Alisha” that his prostitution of the victim and “Alisha” could result in imprisonment for many years. Weeks also informed a friend that he intended to prostitute underage girls, and the friend told Weeks that such conduct would constitute “sex trafficking,” that sex trafficking was unlawful and immoral, and that this conduct would likely result in Weeks being imprisoned. Weeks responded that he did not think the police would catch him.
Weeks faces a maximum penalty of life in prison when he is sentenced on Dec. 12, 2014. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
This case was investigated by the Fairfax County Police Department, the FBI’s Washington Field Office, and the Alexandria Police Department. Assistant U.S. Attorney Michael J. Frank is prosecuting the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:14-cr-313.Washington, D.C. Man Sentenced for Role in 2013 String of Armed Bank RobberiesRead the Press Release
ALEXANDRIA, Va. – James Link, 57, of Washington, D.C., was sentenced today to 35 years in prison, followed by five years of supervised release for two counts of brandishing a firearm during a crime of violence.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office; and M. Douglas Scott, Arlington County Chief of Police, made the announcement after sentencing by U.S. District Judge T.S. Ellis, III.
According to court records, the FBI identified Link and co-defendants James McNeal, 63, of Hyattsville, Maryland, and Alphonso Stoddard, 59, of Forest Heights, Maryland, as possible suspects in a string of bank robberies in late 2013. On Dec. 27, 2013, Link, McNeal and Stoddard were followed by law enforcement agents as they cased two banks in Arlington, Virginia. One of the banks the defendants were seen casing was a Wells Fargo branch on South George Mason Drive.
On Dec. 31, 2013, McNeal left his residence in Hyattsville and picked up Link and Stoddard before returning to the Wells Fargo branch in Arlington. At approximately 1:15 p.m., Stoddard and Link entered the bank. Inside the bank, Link brandished a firearm while Stoddard removed approximately $47,000 in cash from teller drawers. The two men exited the bank and returned to the vehicle where McNeal was waiting. The FBI and Arlington police officers arrested the defendants shortly after exiting the Wells Fargo branch. A handgun and cash were found in the vehicle.
A search of McNeal’s house led to the discovery of an additional firearm believed to be used in earlier bank robberies, cash and gloves. Stoddard admitted to his involvement in armed robberies at a Wells Fargo in Rockville, Maryland on Oct. 29, 2013 and the Bank of Georgetown in Vienna, Virginia on Oct. 30, 2013. Link admitted he was involved in the Bank of Georgetown robbery and an armed robbery at a Wells Fargo in Arlington on Nov. 25, 2013.
Link pleaded guilty to two counts of brandishing a firearm during a crime of violence and admitted his involvement in four bank robberies. Stoddard was convicted at an August 2014 trial on charges involving three separate bank robberies, and McNeal was convicted for his involvement in one bank robbery. Stoddard faces a mandatory life sentence because of prior convictions for armed bank robberies, and McNeal faces a mandatory minimum sentence of seven years and a maximum sentence of life in prison. Stoddard and McNeal will be sentenced on Nov. 7, 2014.
The investigation was conducted by the FBI’s Washington Field Office, with assistance from FBI’s Baltimore Division and the Arlington County and Fairfax County police departments. The U.S. Attorney’s Offices for the District of Columbia and the District of Maryland also provided assistance in the investigation. Special Assistant U.S. Attorney Jennifer A. Clarke is prosecuting the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:14-cr-76.
Washington, D.C. Man Admits to Taking A Nine Year Old Girl to His Government Office to Have SexRead the Press Release
Agrees to be Sentenced to Between 144 and 210 Months
Greenbelt, Maryland – Kevin Robinson, age 53, of Washington, D.C., pleaded guilty today to transporting a minor to engage in sex.The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Acting Chief of Police Robert D. MacLean of the U.S. Park Police; and Special Agent in Charge William Winter of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).
According to his plea agreement, on October 18, 2013, Robinson drove a nine year old girl and her parents to their home from a dental appointment, and dropped the parents off. Robinson then drove with the girl and other passengers to his girlfriend’s house, where he dropped off the other passengers. Robinson drove the girl to the Beltsville Agricultural Research Center (BARC) in Greenbelt, Maryland where he worked.
They entered his office and the girl began playing games on Robinson’s computer. Robinson then told the victim to remove her clothes. Robinson licked the victim’s chest and bit her breast, cutting the skin and causing a mark. Robinson attempted to have sex with her and the victim told him to stop. The victim put her clothes back on and they left BARC.
Once in his vehicle, Robinson told the victim to perform oral sex, which she did. Robinson then drove the victim back home. The victim told her parents what happened. The parents called the police. The victim was taken to the hospital. DNA analysis identified Robinson’s saliva on the victim’s breast.
As part of his plea agreement, Robinson must register as a sex offender in the place where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
Robinson and the government have agreed that if the Court accepts the plea agreement, Robinson will be sentenced to between 144 to 210 months in prison followed by a lifetime of supervised release. U.S. District Judge Roger W. Titus has scheduled sentencing for January 14, 2015 at 10:00 a.m.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about internet safety education, please visit www.justice.gov/psc and click on the "resources" tab on the left of the page.
United States Attorney Rod J. Rosenstein commended the U.S. Park Police and HSI Baltimore for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Hollis Weisman, who prosecuted the case.
United States Attorney’s Office Announces Sentence in Child Pornography CaseRead the Press Release
Kokomo man sentenced to 72 months for distributing child pornography
INDIANAPOLIS – Josh J. Minkler, the Acting United States Attorney, announced today the sentencing of a Kokomo man for distribution of child pornography. Brandon Tooley, 33, Kokomo, was sentenced to 72 months (six years) by U.S. District Judge Sarah Evans Barker.
“This Office initiated Operation Community Watch over two years ago with an unwavering resolve to find and prosecute those who exploit our children,” Minkler said. “You are not anonymous online and if you engage in this type of behavior, you will be held accountable.
On October 2, 2013, a federal search warrant was executed on Tooley’s Yahoo! Inc. email account. Agents from Immigration and Customs Enforcement, Homeland Security Investigations (HSI ), discovered emails distributed and received by Tooley that were determined to contain image and video files of child pornography. Two days later, agents acting in an undercover capacity, made contact over Yahoo! Messenger with Tooley. During that conversation, Tooley distributed to the agents an image which was determined to be of a minor engaging in sexually explicit conduct.
On October 7, 2013, federal agents served a search warrant at Tooley’s residence. Agents located an HP desktop computer in the living room of the residence next to the television which was being used as a monitor for the computer. A forensic analysis of the HP desktop computer revealed approximately 45 videos and over 100 images of child pornography.
This case was investigated by HSI and the Hamilton County Metro Child Exploitation Task Force.
“Those who trade child pornography over the Internet mistakenly believe that cyberspace shields them from detection by law enforcement," said Gary Hartwig, special agent in charge for HSI Chicago. "However, as this sentence makes abundantly clear, child sex predators will be caught, prosecuted, and handed the justice they deserve for their despicable actions.”
According to Assistant U.S. Attorney MaryAnn T. Mindrum, who prosecuted this case for the government, Tooley faces ten years of supervised release after serving his sentence.
This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. The greatest measure of the PSC program’s impact is the identification and rescue of child victims of sexual exploitation and abuse.
Led nationally 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.
Two Sentenced for Structuring Financial TransactionsRead the Press Release
LITTLE ROCK, AR – Christopher R. Thyer,United States Attorney for the Eastern District of Arkansas, and Christopher A. Henry, Special Agent in Charge of the IRS-Criminal Investigation Nashville Field Office announced today that Unites States District Judge D.P. Marshall, Jr. sentenced Anas N. Atrach of McAllen, Texas, to 3 years’ probation, the first six months of probation TO be home detention with electronic monitoring. Atrach was also ordered to serve 300 hours of community service with at least 100 hours each year. A $5,000 fine plus interest was imposed to be paid immediately or at least $500 per month. A Cadillac Escalade was forfeited. Anas N. Atrach pled guilty to one count of Conspiracy to Structure Currency Transactions on April 10, 2014.
Special Agent in Charge Henry commented, “Structuring financial transactions to avoid currency reporting requirements is a criminal violation of federal law under the Bank Secrecy Act. Deliberately avoiding BSA requirements is a form of money laundering that will be vigorously investigated by IRS Criminal Investigation."
In March 2013, Doris Ann Miles, Anas N. Atrach, and Anwar Alatrach were indicted by a federal grand jury for conspiracy to structure currency transactions, structuring, and causing a business to file a report containing a material omission and/or misstatement.
The charges in the Superseding Indictment, state that in July 2011, Doris Ann Miles, Anas N. Atrach, and Anwar Alatrach knowingly and intentionally conspired with each other to structure currency transactions with financial institutions in order evade the reporting requirements of those financial institutions. The structured currency was used to purchase a 2011 Cadillac Escalade in the amount of $82,035. The Escalade was ordered and a down payment was made with a $9,800 cashier’s check from an e-Banking account at Bank of America in Little Rock on July 22, 2011. On July 25, 2011, Miles deposited and then purchased a cashier’s check for $9,800. On July 26th, Miles and Anas N. Atrach both gave separate unnamed individuals $9,800 cash to purchase a cashier’s check. On July 27, 2011, Miles gave another two individuals cash and Atrach gave two individuals cash to purchase cashier’s checks. That same day, Anwar Alatrach deposited $9,800 in cash at a bank in Little Rock to purchase a cashier’s check. All of the cashier’s checks were taken to Parker Cadillac, Inc. on July 27, 2011. The next day, July 28th, Miles and Alatrach picked up the 2011 Escalade after Alatrach paid the remaining $200 balance with a VISA checkcard.
On January 29, 2014, Doris Ann Miles, 53, of Eldorado, pled guilty to one count of Conspiracy to Structure Currency Transactions. Miles was sentenced May 15, 2014, to 3 years’ probation and 120 hours of community service. She is required to perform at least 40 hours of community service each year. The forfeiture of the Cadillac Escalade is final as to Miles also.
After his indictment, Anwar Alatrach did not appear for his initial appearance and the judge then issued a bench warrant for his arrest. He is currently a fugitive.
The case was investigated by IRS-Criminal Investigation with valuable assistance from the Benton Police Department. Assistant United States Attorneys Jana K. Harris and Assistant United States Attorney Cameron C. McCree prosecuted the case for the United States.
Tampa Man Sentenced to 30 Years in Prison for Producing Child Pornography on MacDill Air Force BaseRead the Press Release
Tampa, Florida – U.S. District Judge Richard A. Lazzara sentenced Erich Clifford Mandell Ramos (27, Tampa) today to 30 years in federal prison for production of child pornography. The Court also ordered him to serve a lifetime of supervision and to register as a sex offender following his release from prison. He pleaded guilty on June 20, 2014.
According to court documents, Mandell Ramos sexually abused a minor while visiting a home at MacDill Air Force Base. He took sexually explicit photographs of the minor victim and instructed her not to tell her mother. Mandell Ramos paid the minor approximately $20.00. At the time of the offense, the victim was less than 12 years old.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Stacie B. Harris.
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 (CEOS), 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.projectsafechildhood.gov.
Seven Southern Illinois Residents Plead Guilty to Drug OffensesRead the Press Release
Follow @SDILNewsSeven Southern Illinois residents have plead guilty to drug offenses in federal court in Benton, Illinois, Stephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced today.
On September 17, 2014, Maurice L. Robinson, a/k/a “Ray Ray,” 34, and Harold Lawayne Barron, a/k/a “Wayne,” 51, both of Murphysboro, pled guilty to conspiracy to distribute crack cocaine. The crack cocaine offense occurred between May 2013, and September 2013, in Jackson County. Additionally, Barron pled guilty to conspiracy to manufacture methamphetamine. The methamphetamine offense occurred between August 2012, and October 2013, in Jackson and Perry Counties. Both offenses carry penalties of up to 20 years in federal prison, to be followed by 3 years’ supervised release, and a fine of $1,000,000. Robinson and Barron are currently being held without bond pending December 22, 2014, sentencing hearings. Co-defendant Jamie Kay Kelly, a/k/a “Jamie K.” and “Jamie K. Short,” previously pled guilty to the crack cocaine and methamphetamine offenses.
In a separate case, On September 17, 2014, Jeffry M. Presutti, Jr., 37, of Pomona, Illinois, pled guilty to an indictment charging conspiracy to manufacture methamphetamine. The offense occurred between April 2013 and October 2013, in Jackson County. Evidence at the plea hearing established that Presutti was involved with others in the manufacture of methamphetamine. Presutti sometimes manufactured methamphetamine at his Pomona residence. In October 2013, police officers and DCFS workers went to Presutti’s residence to investigate complaints that Presutti was manufacturing methamphetamine inside the residence, when children were present. Officers recovered a methamphetamine lab and observed evidence of multiple burned areas inside the residence. Presutti suffered methamphetamine-related burns when he fled from the officers. The methamphetamine offense carries a penalty of up to 20 years in prison, to be followed by 3 years’ supervised release, and a fine of $1,000,000. Presutti is currently being held without bond pending a December 22, 2014, sentencing hearing.
Again, on September 17, 2014, Sarah Lindsey, 30, of Marion, Illinois, pled guilty to an indictment charging conspiracy to manufacture methamphetamine. This offense occurred between 2012 and January 22, 2014, in Williamson and Jackson Counties. Evidence at the plea hearing established that Lindsey was involved with others in the manufacture of methamphetamine. Lindsay obtained pseudoephedrine pills for herself or others to use to manufacture methamphetamine. During a January 22, 2014, Illinois Department of Corrections compliance check, agents located a methamphetamine lab at Lindsey’s Marion residence. This methamphetamine offense carries a penalty of up to 20 years in prison, to be followed by 3 years’ supervised release, and a fine of $1,000,000. Lindsey is currently being held without bond, pending a January 8, 2015, sentencing hearing.
Also, on September 17, 2014, Frank R. Johnson, a/k/a “Mo,” 44, of Elkville, Illinois, pled guilty to a one-count indictment charging conspiracy to distribute heroin. Evidence at the plea hearing established that Johnson was transporting ounce amounts of heroin from northern Illinois to Elkville for distribution. On numerous occasions, Johnson sold heroin to a confidential source working for law enforcement and to an undercover agent. When agents executed a search warrant at Johnson’s residence, they recovered heroin, digital scales, drug packaging materials, and a large amount of U.S. currency. The offense occurred between 2012 and January 2014, in Jackson and Franklin Counties. The heroin offense carries a penalty of up to 20 years in prison, to be followed by 3 years’ supervised release, and a fine of $1,000,000. Johnson is currently being held without bond, pending a January 7, 2015, sentencing hearing.
Finally, on September 17, 2014, Brandon K. Craig, 31, of Carbondale, and Larry E. Recar, 38, of Murphysboro, each pled guilty to an indictment charging conspiracy to manufacture methamphetamine. This offense occurred between 2010 and January 2014, in Jackson, Williamson, Union, and Franklin Counties. Evidence at the plea hearings established that Craig and Recar were involved with others in the manufacture of methamphetamine. Other persons supplied pseudoephedrine pills to Craig and Recar to use to manufacture methamphetamine. Two co-defendants have previously been sentenced for their role in the methamphetamine conspiracy. Two co-defendants have pled guilty and are awaiting sentencing. Six co-defendants have pled not guilty and are awaiting jury trial. Possible punishment includes a penalty of up to 20 years in prison, followed by 3 years’ supervised release, and a fine of $1,000,000. Craig and Recar are also being held without bond pending January 7, 2015, sentencing hearings.
All of these ongoing investigations were conducted by the Jackson County Sheriff’s Office, Southern Illinois Enforcement Group, Murphysboro Police Department, Illinois State Police, and the Drug Enforcement Administration. The Jackson County State’s Attorney’s Office assisted in the investigation.
All of the cases are assigned to Assistant United States Attorney Amanda A. Robertson for prosecution.
September Grand JuryRead the Press Release
United States Attorney Deborah R. Gilg announced the federal Grand Jury for the District of Nebraska has returned 25 indictments charging 27 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Fredy Aguilar-Portilo, age 31, Jose Salazar-Billalba, age 44, and Daniella Erickson, age 37, are charged with conspiracy to distribute and possess with intent to distribute 500 grams or more of a mixture containing methamphetamine and 5 kilograms or more of a mixture containing cocaine from an unknown date but at least as early as August 23, 2014, up to and including August 28, 2014. The maximum possible penalty if convicted is Life imprisonment, a $10,000,000 fine, a 5 year term of supervised release, and a $100 special assessment.
* Inocente Bonilla-Fraire, age 34, of Omaha, is charged with illegal reentry into the United States on or about August 19, 2014, following deportation. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Adrian Montoya Carlos, aka Ariel Montoya Carlos, age 29, of Lincoln, is charged with being an illegal alien in possession of a firearm and ammunition on or about September 3, 2014. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Raul Delgado-Medina, age 51, is charged in a four-count Indictment. Count I of the Indictment charges the defendant with conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine from an unknown date but at least as early as August 7, 2014, up to and including September 5, 2014. The maximum possible penalty if convicted is Life imprisonment, a $10,000,000 fine, a 5 year term of supervised release, and a $100 special assessment. Counts II, III and IV of the Indictment charge Delgado-Medina with possession with intent to distribute 50 grams or more of methamphetamine on or about August 8, 2014, on or about August 29, 2014 and on or about September 5, 2014. The maximum possible penalty if convicted is Life imprisonment, a $10,000,000 fine, a 5 year term of supervised release, and a $100 special assessment for each count.
* James Kim Gatluak, aka Kim J. Gatluak, aka James Keem Gatluak, age 25, of Omaha, is charged with being a felon in possession of a firearm and ammunition on or about September 2, 2014. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.* Levi Hallett, age 26, is charged in a three-count Indictment. Count I of the Indictment charges the defendant with production of child pornography on or about May 17, 2013. The maximum possible penalty if convicted is not less than 15 years in prison up to 30 years imprisonment, a $250,000 fine, supervised release for Life, and a $100 special assessment. Count II of the Indictment charges Hallett with receipt and distribution of child pornography from on or about December 4, 2012 to on or about August 27, 2013. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, supervised release for Life, and a $100 special assessment. Count III of the Indictment charges the defendant with possession of child pornography from on or about December 4, 2012 to on or about August 27, 2013. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, supervised release for Life, and a $100 special assessment. The indictment also alleges property used or intended to be used as part of this violation should be forfeited to the United States.
* Larry L. Hathaway, age 54, of Union, Nebraska, is charged in a two-count Indictment. Count I of the Indictment alleges on or about May 25, 2011, the defendant submitted fraudulent statements on behalf of Lake WaConDa and Cass County SID #1 to the Federal Emergency Management Agency (FEMA) by submitting claims exceeding $245,000 for repairs to a boat ramp and boat trailer parking area knowing the statements were false. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges Hathaway with making false claims to FEMA on or about May 25, 2011. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Juan Andres Garcia Ibarra is charged with conspiracy to distribute and possess with intent to distribute 500 grams or more of a mixture containing methamphetamine from an unknown date but at least as early as September 2, 2014, up to and including September 3, 2014. The maximum possible penalty if convicted is Life imprisonment, a $10,000,000 fine, a 5 year term of supervised release, and a $100 special assessment.
* Juan Francisco Jaime-Gayton, age 35, of Omaha, is charged in a three-count Indictment. Count I of the Indictment charges the defendant with misuse of a Social Security Number on or about March 26, 2012. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Count II of the Indictment alleges on or about March 26, 2012, the defendant made a false statement and claimed to be a United States citizen with the intent to receive Federal and State benefits and to be employed in the United States. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Count III of the Indictment charges that on or about March 26, 2012, Jaime-Gayton misused a Social Security Card and a State of Nebraska Identification Card, knowing that said documents were not issued lawfully for his use. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Sonia Lopez-Perez, age 35, of Crete, Nebraska is charged in a two-count Indictment. Count I of the Indictment alleges the defendant misused a Social Security Card and a Missouri Identification Card, knowing that said documents were not issued lawfully for her use on or about April 12, 2013. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges the defendant with misuse of a social security number on or about April 12, 2013. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Cirilo Mendez-Parra, age 34, of Omaha, is charged with illegal reentry into the United States on or about July 28, 2014, following deportation. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Enrique Najar, age21, and Brett Booker, age 20, are charged in a nine-count Indictment. Count I of the Indictment charges the defendants with conspiracy to distribute and possess with intent to distribute a mixture containing 25B-NBOMe, beginning on or about March 1, 2014, and continuing to on or about September 10, 2014. The maximum possible penalty if convicted is 20 years imprisonment, a $1,000,000 fine, a 3 year term of supervised release, and a $100 special assessment. Counts II, III, IV, V, VI, and VII of the Indictment charge Najar with distribution of a mixture containing 25B-NBOMe on or about March 26, 2014, April 9, 2014, April 29, 2014, June 18, 2014, July 16, 2014, and July 24, 2014. The maximum possible penalty if convicted is 20 years imprisonment, a $1,000,000 fine, a 3 year term of supervised release, and a $100 special assessment for each count. Count VIII of the Indictment charges Najar with possession with intent to distribute a mixture containing 25B-NBOMe on or about September 10, 2014. The maximum possible penalty if convicted is 20 years imprisonment, a $1,000,000 fine, a 3 year term of supervised release, and a $100 special assessment. Count IX of the Indictment charges Booker with possession with intent to distribute a mixture containing 25B-NBOMe on or about September 10, 2014. The maximum possible penalty if convicted is 20 years imprisonment, a $1,000,000 fine, a 3 year term of supervised release, and a $100 special assessment. The indictment also alleges any and all property constituting or derived from any proceeds obtained directly or indirectly as a result of the violation alleged in Count I of the indictment, including but not limited to United States currency seized on September 10, 2014 at the residence of the defendant Brett Booker should be forfeited to the United States.
* Jose Orellana-Sales, age 38, of Omaha, is charged with illegal reentry into the United States on or about September 9, 2014, following deportation as a felon. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Wilfredo Rodriguez-Ortega, age 29, is charged with distribution of 50 grams or more of methamphetamine on or about July 2, 2014. The maximum possible penalty if convicted is Life imprisonment, a $10,000,000 fine, a 5 year term of supervised release, and a $100 special assessment.
* Becky Ryan, age 44, of Valparaiso, Nebraska, is charged in an eight-count Indictment. Counts I thru VIII of the Indictment charge Ryan with aiding and assisting in the preparation of eight different fraudulent U.S. Individual Income Tax Returns, Form 1040, on behalf of various taxpayers. The maximum possible penalty if convicted is 3 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment for each count.
* Sergio Adrian Saldana-Arredondo, age 30, of Omaha, is charged with illegal reentry into the United States on or about September 3, 2014, following deportation. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Jose J. Solorzano-Farias, age 24, of Las Vegas, Nevada and Jose A. Solorio-Salinas, age 33, of Burnsville, Minnesota, are charged in a two-count Indictment. Count I of the Indictment charges the defendants with possession with intent to distribute 500 grams or more of a mixture containing methamphetamine on or about September 6, 2014. The maximum possible penalty if convicted is Life imprisonment, a $10,000,000 fine, a 5 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges the defendants with possession with intent to distribute 100 grams or more of a mixture containing heroin. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment.
* Felix C. Uzoechi, age 48, of Omaha, is charged in a three-count Indictment. Uzoechi is the owner and operator of Kabada Enterprises, L.L.C., doing business as African Farms, a retail grocery store. The indictment alleges Uzoechi committed fraud by allowing the benefits to be exchanged for cash. Counts I, II and III of the Indictment charge Uzoechi with exchanging benefits for cash on April 4, 2014, June 3, 2014 and July 2, 2014. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment for each count.
* Shantoria Valentine-Deguenon, age 23, of Omaha, is charged with bank robbery of approximately $1,213 from Wells Fargo Bank, 4725 South 84th Street, Ralston, Nebraska, on or about July 28, 2014. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Alberto Sanchez Villareal, age 37, is charged with possession with intent to distribute 5 grams or more of methamphetamine on or about August 19, 2014. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment. The indictment also alleges any and all property constituting or derived from any proceeds obtained directly or indirectly as a result of the violation alleged in Count I of the indictment, including but not limited to $10,247.00 in United States currency seized from 7416 Blondo Street, Apartment #1, Omaha, Nebraska, on August 19, 2014, should be forfeited to the United States.
* Phillip M. Weber, age 38, is charged with car jacking a 2005 Mitsubishi Lancer from a person by force, violence, and intimidation, with the intent to cause death and serious bodily harm on or about June 6, 2014. The maximum possible penalty if convicted is 15 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Daniel Webster III, age 22, of Macy, Nebraska, is charged with second degree murder on or about August 28, 2014. The maximum possible penalty if convicted is Life imprisonment, a $250,000 fine, a 5 year term of supervised release, and a $100 special assessment.
* Robert Weikle, age 44, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with possession with intent to distribute 5 grams or more of methamphetamine on or about August 5, 2014. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges Weikle with distribution of a mixture containing methamphetamine on or about February 25, 2014. The maximum possible penalty if convicted is 20 years imprisonment, a $1,000,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Yusuf Xasan, age 21, of Grand Island, is charged with possession of a stolen firearm and ammunition on or about August 19, 2014. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Arturo Zepeda-Tovar, age 30, of Omaha, is charged with illegal reentry into the United States on or about August 25, 2014, following deportation. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.Seattle Gang Member Sentenced to 8+ Years in Prison for Illegal Firearm PossessionRead the Press Release
A Seattle man with known gang ties was sentenced today in U.S. District Court in Seattle to 101 months in prison following his conviction at trial for being a felon in possession of a firearm, announced U.S. Attorney Jenny A. Durkan. JIMMY GENE MILLER, 29, was arrested on June 13, 2013 after Seattle Police responded to reports of a beating behind a nightclub in Seattle’s Capitol Hill neighborhood. MILLER was convicted following a three day jury trial. At sentencing U.S. District Judge Richard A. Jones said MILLER had continued a pattern of “violence and drug dealing that had gone on for many years,” and he noted the danger “of bringing a firearm into a public arena.”
“Too many youths in our community are lost to the lure of gangs and the violence they breed,” said U.S. Attorney Jenny A. Durkan. “This defendant, barely six months out of prison, thought he could rule the streets through violence and intimidation. He guessed wrong. I commend the FBI and Seattle Police Department for their quick work on this case, and bringing him to justice.”
“Seattle embraces diverse groups and people working together for the community, not those trying to rip it apart,” said Special Agent in Charge Frank Montoya, Jr. of the FBI’s Seattle Division. “It is imperative that people like Jimmy Gene Miller face justice for their heinous violence. The FBI will continually stand with the Seattle Police Department against gangs, against criminals, and against those who attempt to bring violence to our streets.”
According to records in the case and testimony at trial, MILLER encountered a rival gang member at ‘The Garage,’ a bar/pool hall/bowling alley on Capitol Hill in Seattle. MILLER flashed a firearm in the waistband of his pants as he took the victim out the alley door of the nightclub. In the alley MILLER assaulted the victim. Portions of the assault were captured on surveillance video. The victim was found stripped naked and beaten. The surveillance cameras photographed MILLER jumping into the passenger seat of a distinctive black Camaro. Seattle Police moved quickly after getting reports on the assault, locating the car a few miles from the club. MILLER and his associates were found nearby. The victim’s wallet was found in the front passenger seat. A court-authorized search of the car revealed a .40 caliber Glock pistol in the glove compartment in front of where MILLER had been sitting. Text messages introduced at trial revealed MILLER discussing an extended magazine for the semi-automatic weapon with an associate in the weeks before the assault.
MILLER was prosecuted as part of the U.S. Attorney’s Office’s comprehensive and strategic approach to gun law enforcement. In King County the close partnerships between federal, state and local prosecutors and law enforcement allows these programs to be effective and enhances public safety.
The case was investigated by the FBI Seattle Safe Streets Task Force, which is composed of the FBI, Seattle Police Department, and other law enforcement partners. The case was prosecuted by Assistant United States Attorneys Vince Lombardi and Jerrod Patterson.
Rothstein Associates Charged with Conspiracy to Commit Wire FraudRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Donnell Young, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, announce the filing of charges against David Boden, 52, of Hallandale Beach, and Richard L. Pearson, 57, of Miami, for conspiring to commit wire fraud in connection with the operation of the former Fort Lauderdale law firm of Rothstein, Rosenfeldt and Adler, P.A. (RRA). In 2009, it was discovered that RRA was being utilized by its Chairman and Chief Executive Officer, Scott W. Rothstein, to commit a massive Ponzi scheme stemming from the sale of fictitious confidential settlements.
According to the information which was filed earlier today, Boden was an attorney who, in April 2008, began employment at RRA as a non-equity shareholder. Pearson agreed to act as a broker for Rothstein’s settlements. In February 2009, Boden began assisting Pearson in the sale of the settlements. Pearson would receive a sales commission from Rothstein derived from the money paid by the investor, and would pay a portion of that sales commission to Boden for his services. Beginning in September 2009, a group of investors (hereinafter referred to as “the Investor Group”) began investing in the confidential settlement agreements following a meeting with Rothstein. Boden and Pearson agreed that the Investor Group would pay a sales commission directly to Pearson. The Investor Group was not informed by Boden or Pearson that they were also receiving an additional undisclosed sales commission from the money paid by the Investor Group to Rothstein. The information further charges that Boden and Pearson, through material misstatements and omissions made to the Investor Group, caused it to incur a loss of approximately $2,400,000.
If convicted, the defendants face a maximum statutory sentence of up to five years in prison.
Mr. Ferrer commended the investigative efforts of the IRS-CI and FBI. This case is being prosecuted by Assistant U.S. Attorneys Lawrence D. LaVecchio, Paul F. Schwartz, and Jeffrey N. Kaplan.
An information is only an accusation and a defendant is presumed innocent unless and until proven guilty.
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.
Rochester Man Arrested, Charged with Enticing, Threatening MinorRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Johnnie Jones, 31, of Rochester, NY, was arrested and charged in a criminal complaint with enticing a minor to engage in sexual acts, and with threatening the minor with the intent to tamper with evidence. The charges carry a minimum sentence of 10 years in prison and a maximum of life.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that according to the complaint, Jones communicated with a minor by mobile telephone. The defendant repeatedly sent the minor sexually explicit messages over a period of several weeks and attempted to entice the minor to have sex with him. Jones also threatened to kill the minor and the minor’s family members if the minor did not delete the incriminating messages and images that he had sent.
Jones made an initial appearance today before U.S. Magistrate Judge Jonathan Feldman. The defendant is being held pending a detention hearing on September 26, 2014 at 9:30 a.m.
The criminal complaint is the culmination of an investigation by Special Agents of Federal Bureau of Investigation.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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.Previously Deported Mexican National Pleads Guilty to Aggravated ID Theft and Drug and Firearms OffensesRead the Press Release
SACRAMENTO, Calif. — Eliecer Reyes Huerta, 31, a Mexican national residing in Vallejo, pleaded guilty today to possessing methamphetamine with intent to distribute, unlawfully possessing a firearm, and aggravated identity theft arising from false statements he made in an application for a U.S. passport, United States Attorney Benjamin B. Wagner and U.S. Department of State, Diplomatic Security Service Special Agent-In-Charge David Zebley announced.
According to court documents, Huerta is a removable alien who was previously removed from the United States in 2006 and lacks lawful immigration status to be in the United States.
On July 30, 2012, Huerta submitted an application for a U.S. passport to a passport acceptance officer in Vallejo. In the application, Huerta provided a false name belonging to a real person, a false birthdate, and a false birthplace in Puerto Rico. Huerta presented a birth certificate issued for the ID theft victim and a California driver’s license bearing Huerta’s photograph and the victim’s name and birthdate.
On January 9, 2014, law enforcement agents executed search warrants at Huerta’s residence in Vallejo that he had used as his for his 2012 passport application and his California driver’s license.
During the search of the residence, agents found baggies containing methamphetamine, cocaine, and marijuana; two digital scales and substances that may be used in the manufacture of controlled substances; a respirator/breathing device, miscellaneous supplies such as plastic bags, rubber bands, rubber gloves, sheets of paper, and a notebook consisting of “pay-owe” sheets or ledgers. In Huerta’s bedroom closet, agents found a 9 mm semi‑automatic Sig Sauer Model P226 handgun. Next to the firearm was a Sig Sauer handgun magazine or clip loaded with seven rounds of 9 mm ammunition. There were two children living in the home.
This case is the product of an investigation by the U.S. State Department’s Diplomatic Security Service with assistance from the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and California Department of Motor Vehicles. Assistant United States Attorney Nirav Desai is prosecuting the case.
Huerta remains in custody awaiting sentencing. He is scheduled to be sentenced by Judge Burrell on December 12, 2014. Huerta faces the following possible maximum sentences: for aggravated identity theft — two years and a $250,000 fine; for the methamphetamine-related offense — five to 40 years in prison and a $5 million fine; for the firearms offense — 10 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Philadelphia Man Sentenced to Life in Prison for Deadly Firebombing of Federal Witness's FamilyRead the Press Release
A Philadelphia man was sentenced today to life in prison for his role in the Oct. 9, 2004, retaliatory firebombing that killed six members of a federal witness’s family, including four children.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Zane David Memeger of the Eastern District of Pennsylvania and Special Agent in Charge Edward J. Hanko of the FBI’s Philadelphia Division made the announcement. U.S. District Judge R. Barclay Surrick imposed the sentence.
Robert Merritt, 34, was convicted following a jury trial on May 13, 2013, of conspiracy to participate in a racketeering enterprise and the murders of the family members of a federal witness, Eugene Coleman.
At the direction of convicted drug kingpin Kaboni Savage, Merritt and his cousin, Lamont Lewis, participated in the firebombing of the Coleman family home in retaliation for Coleman’s testimony against Savage. Evidence introduced at trial showed that Merritt threw a gas can with a lit cloth fuse, and then a second gas can, into the occupied Philadelphia row house in the predawn hours of Oct. 9, 2004. Six people, including four children ranging in age from 15 months to 15 years, were killed in the ensuing fire.
Co-defendants Kaboni Savage and Kadida Savage were also convicted at the May 2013 trial of the firebombing. Kaboni Savage was sentenced to death for 12 counts of murder in aid of racketeering. Kidada Savage was sentenced to life in prison. Lamont Lewis, who pleaded guilty before trial, is awaiting sentencing.
The case was investigated by the FBI, the Internal Revenue Service – Criminal Investigations, the Philadelphia Police Department, the Philadelphia District Attorney’s Office, and the Maple Shade, New Jersey, Police Department. The United States Bureau of Prisons, the United States Marshals Service, and the Philadelphia / Camden High Intensity Drug Trafficking Area Task Force also assisted in the investigation.
The case is being prosecuted by Trial Attorney Steve Mellin of the Criminal Division’s Capital Case Section and Assistant U.S. Attorneys David E. Troyer and John M. Gallagher of the Eastern District of Pennsylvania.
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Pennsylvania Accountant Sentenced for Conspiring with Members of Organized Crime Family in Fraud SchemeRead the Press Release
A Pennsylvania accountant was sentenced today to serve 40 months in prison for conspiring to defraud FirstPlus Financial Group Inc. (FirstPlus), a Texas-based financial services company, which had been targeted for extortionate takeover and looting by a group led by Lucchese organized crime family member Nicodemo S. Scarfo.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney Paul J. Fishman of the District of New Jersey made the announcement.
Howard Drossner, 53, of Ambler, Pennsylvania, previously pleaded guilty before U.S. District Judge Robert B. Kugler to a superseding information charging him with conspiracy to commit wire fraud. Judge Kugler imposed the sentence today in the District of New Jersey.
According to court documents and evidence introduced at the trial of his coconspirators, Scarfo is a made member of the Lucchese organized crime family. In April 2007, Scarfo, Salvatore Pelullo and others devised a scheme to take over FirstPlus. Scarfo and Pelullo used threats of economic harm to intimidate and remove the prior management and board of directors and replaced those officers with individuals beholden to Scarfo and Pelullo.
Drossner, a certified public accountant (CPA), joined the conspiracy in February 2008 when he helped Scarfo and Scarfo’s then-fiancée secure a $500,000 mortgage to purchase a house for $715,000 in Egg Harbor Township, New Jersey. At the direction of Pelullo, Drossner created false tax returns to help Scarfo’s fiancée qualify for a mortgage. Scarfo used money looted from FirstPlus for the $215,000 down payment on the house. The false tax returns, which exaggerated Scarfo’s fiancée’s income so she could qualify for the mortgage without naming Scarfo, were used to secure the mortgage.
After the First Plus scheme was shut down by federal law enforcement in May 2008, Scarfo was unable to pay the mortgage and the house ultimately went into foreclosure. It was sold by the bank in 2010.
In addition to the prison term, Judge Kugler sentenced Drossner to three years of supervised release and fined him $125,000. Under the terms of his plea agreement, Drossner was required to notify the Pennsylvania State Board of Accountancy of his guilty plea and consent to the voluntary suspension of his CPA license.
Four other members of the conspiracy – Scarfo, a member of the Lucchese La Cosa Nostra (LCN) family; Pelullo, an associate of the Lucchese and Philadelphia LCN families; William Maxwell, a Texas lawyer; and John Maxwell, who acted as the nominal CEO of FirstPlus after the takeover – were convicted of several offenses, including racketeering conspiracy, in July 2014 after a six-month trial. They are all awaiting sentencing. The indictment also named Nicodemo S. Scarfo’s father, Nicodemo D. Scarfo – the former boss of the Philadelphia LCN family – and Vittorio Amuso – the boss of the Lucchese family – as unindicted co-conspirators. Both are serving lengthy prison sentences.
Three other defendants charged in the indictment – John Parisi, manager of Scarfo’s shell company; Lisa Murray-Scarfo, Scarfo’s then-fiancée and a participant in the mortgage fraud conspiracy; and Cory Leshner, a participant in the looting of FirstPlus – have pleaded guilty and are awaiting sentencing. Todd Stark, also charged in the indictment, previously pleaded guilty and was sentenced for providing ammunition to Scarfo and Pelullo despite knowing that they were convicted felons.
This case was investigated by the FBI’s Newark and Philadelphia Field Offices, the Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations for the New York Region and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
This case is being prosecuted by Trial Attorney Adam L. Small of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys Steven D’Aguanno and Howard Wiener of the District of New Jersey.
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Pennsylvania Accountant Sentenced to 40 Months in Prison for Conspiring with Members of Organized Crime Family in Mortgage Fraud SchemeRead the Press Release
CAMDEN, N.J. – A Pennsylvania accountant was sentenced today to 40 months in prison for conspiring to defraud FirstPlus Financial Group Inc. (FirstPlus), a Texas-based financial services company, which had been targeted for extortionate takeover and looting by a group led by Lucchese organized crime family member Nicodemo S. Scarfo.
New Jersey U.S. Attorney Paul J. Fishman and Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division made the announcement.
Howard Drossner, 53, of Ambler, Pennsylvania, previously pleaded guilty before U.S. District Judge Robert B. Kugler to a superseding information charging him with conspiracy to commit wire fraud. Judge Kugler imposed the sentence today in Camden federal court.
According to court documents and evidence introduced at a related trial:
Scarfo is a made member of the Lucchese La Cosa Nostra (LCN) organized crime family. In April 2007, Scarfo, Salvatore Pelullo, and others devised a scheme to take over FirstPlus. Scarfo and Pelullo used threats of economic harm to intimidate and remove the prior management and board of directors and replaced those officers with individuals beholden to Scarfo and Pelullo.
Drossner, a certified public accountant, joined the conspiracy in February 2008 when he helped Scarfo and Scarfo’s then-fiancée secure a $500,000 mortgage to purchase a house for $715,000 in Egg Harbor Township, New Jersey. At the direction of Pelullo, Drossner created false tax returns to help Scarfo’s fiancée qualify for a mortgage. Scarfo used money looted from FirstPlus for the $215,000 down payment on the house. The false tax returns, which exaggerated Scarfo’s fiancée’s income so that she could qualify for the mortgage without naming Scarfo, were used to secure the mortgage.
After the First Plus scheme was shut down by federal law enforcement in May 2008, Scarfo was unable to pay the mortgage and the house ultimately went into foreclosure. It was sold by the bank in 2010.
In addition to the prison term, Judge Kugler sentenced Drossner to three years of supervised release and fined him $125,000. Under the terms of his plea agreement, Drossner was required to notify the Pennsylvania State Board of Accountancy of his guilty plea and consent to the voluntary suspension of his CPA license.
Four other members of the conspiracy – Scarfo; Pelullo, an associate of the Lucchese and Philadelphia LCN families; William Maxwell, a Texas lawyer; and John Maxwell, who acted as the nominal CEO of FirstPlus after the takeover – were convicted of several offenses, including racketeering conspiracy, in July 2014 after a six-month trial. The indictment in which they were charged also named Nicodemo S. Scarfo’s father, Nicodemo D. Scarfo – the former boss of the Philadelphia LCN family – and Vittorio Amuso – the boss of the Lucchese family – as unindicted co-conspirators. Both are serving lengthy prison sentences.
Three other defendants charged in the indictment – John Parisi, manager of Scarfo’s shell company; Lisa Murray-Scarfo, Scarfo’s then-fiancée and a participant in the mortgage fraud conspiracy; and Cory Leshner, a participant in the looting of FirstPlus – have pleaded guilty and are awaiting sentencing. Todd Stark, also charged in the indictment, previously pleaded guilty and was sentenced for providing ammunition to Scarfo and Pelullo despite knowing that they were convicted felons.
U.S. Attorney Fishman and Assistant Attorney General Caldwell credited special agents of the FBI under the direction of Special Agent in Charge Aaron T. Ford in Newark; special agents of the Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the direction of Special Agent in Charge Cheryl Garcia, New York Region; and the ATF, under the direction of Special Agent in Charge George P. Belsky in Newark, for the investigation leading to today’s sentencing. They also thanked the FBI under the direction of Special Agent in Charge Edward J. Hanko in Philadelphia for its assistance.
The government is represented by Assistant U.S. Attorneys Steven D’Aguanno and Howard Wiener of the New Jersey U.S. Attorney’s Office’s Camden Office and Trial Attorney Adam L. Small of the Organized Crime and Gang Section in the Department of Justice’s Criminal Division in Washington.
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Defense counsel: Christopher D. Adams Esq., Roseland, N.J.Peanut Corporation of America Former Officials and Broker Convicted on Criminal Charges Related to Salmonella-Tainted Peanut ProductsRead the Press Release
A federal jury returned guilty verdicts against two former officials of and one broker for the Peanut Corporation of America (PCA), the Department of Justice announced today.
Stewart Parnell, of Lynchburg, Virginia, and Michael Parnell, of Midlothian, Virginia, were convicted of conspiracy, mail and wire fraud, and the introduction of misbranded food into interstate commerce. Steward Parnell was also convicted of the introduction of adulterated food. Stewart Parnell and Mary Wilkerson, of Edison, Georgia, were also convicted of obstruction of justice. The convictions all arise from the unlawful sale of salmonella-tainted peanuts and peanut products.
Expert evidence at trial showed that tainted food led to an outbreak in 2009 with more than 700 reported cases of salmonella poisoning. According to the Centers for Disease Control and Prevention (CDC), based on epidemiological projections, that number translates to more than 22,000 total cases.
The verdicts followed a seven-week trial in the Middle District of Georgia during which prosecutors presented the testimony of 45 witnesses and introduced 1,001 documents into evidence. Among those who testified were Samuel Lightsey and Daniel Kilgore, both of Blakely, Georgia, both former operations managers for PCA and both of whom earlier pleaded guilty to several crimes for their roles in the sale of the salmonella-tainted food by PCA.
“As this verdict confirms, the salmonella outbreak that caused nationwide panic five years ago was a direct result of the actions of these individuals,” said Attorney General Eric Holder. “This verdict demonstrates that the Department of Justice will never waver in our pursuit of those who break our laws and compromise the safety of America’s food supply for financial gain. All Americans must be able to rely on the safety of the food they purchase. And any individual or company who puts the health of consumers at risk by criminally selling tainted food will be caught, prosecuted, and held accountable to the fullest extent of the law.”
The government presented evidence at trial to establish that Stewart Parnell and Michael Parnell – with Lightsey and Kilgore – participated in several schemes by which they defrauded PCA customers and jeopardized the quality and purity of their peanut products. Specifically, the government presented evidence that defendants misled customers about the presence of salmonella in their products. For example, as the evidence demonstrated, the Parnells, Lightsey and Kilgore fabricated certificates of analysis (COAs) accompanying various shipments of peanut products. COAs are documents that summarize laboratory results, including test results concerning the presence or absence of pathogens in food. According to the evidence, on several occasions, the Parnells, Lightsey and Kilgore participated in a scheme to fabricate COAs that stated that the food at issue was free of pathogens when in fact there had been no testing of the food or tests had revealed the presence of pathogens.
The government also presented evidence that when FDA officials visited the plant to investigate the outbreak, Stewart Parnell, Lightsey and Wilkerson gave untrue or misleading answers to questions posed by those officials.
“We are gratified by the jury’s verdict,” said Joyce R. Branda, Acting Assistant Attorney General for the Civil Division. “The jury delivered a powerful message that there will be serious consequences for criminals who put profit above the welfare of their customers and knowingly sell contaminated food. The Department of Justice will not hesitate to pursue any person whose criminal conduct risks the health of Americans and the safety of the nation’s food supply.”
“In this great country, we take for granted the safety of the food we feed our families,” said U.S. Attorney Michael J. Moore of the Middle District of Georgia. “We expect, and rightfully so, for food suppliers to follow the rules and regulations, and to never sacrifice public safety for profits. In this case, these defendants were willing to put tainted food onto the shelves of stores across the country. After this trial, it should be clear that individual accountability, not just corporate responsibility, for criminal conduct that puts public safety in jeopardy is now the norm in the eyes of the Department of Justice. And while the evidence over the last few weeks has focused on the criminal acts of these defendants, let’s not forget that there were real victims in this case who became ill and suffered greatly because making money, at least to the defendants, was more important than making sure that the peanut products they put into the marketplace were safe.”
Attorney General Holder, Acting Assistant Attorney General Branda and U.S. Attorney Moore thanked the jury for its service, and, especially, for its careful consideration of the evidence.
In all, the jury convicted Stewart Parnell of multiple counts of conspiracy, mail fraud, wire fraud, the sale of misbranded food, the sale of adulterated food, and obstruction; Michael Parnell of multiple counts of conspiracy, mail fraud, wire fraud, and the sale of misbranded food; and Mary Wilkerson of one count of obstruction. The judge has not yet set a date for sentencing.
The case was prosecuted by Trial Attorneys Patrick Hearn and Mary M. Englehart of the Consumer Protection Branch of the Civil Division and Assistant U.S. Attorney Alan Dasher of the Middle District of Georgia.
Peanut Corporation of America Former Officials and Broker Convicted on Criminal Charges Related to Salmonella-Tainted Peanut ProductsRead the Press Release
WASHINGTON - A federal jury returned guilty verdicts against two former officials of and one broker for the Peanut Corporation of America (PCA), the Department of Justice announced today.Stewart Parnell, of Lynchburg, Virginia, and Michael Parnell, of Midlothian, Virginia, were convicted of conspiracy, mail and wire fraud, and the introduction of misbranded food into interstate commerce. Steward Parnell was also convicted of the introduction of adulterated food. Stewart Parnell and Mary Wilkerson, of Edison, Georgia, were also convicted of obstruction of justice. The convictions all arise from the unlawful sale of salmonella-tainted peanuts and peanut products.
Expert evidence at trial showed that tainted food led to an outbreak in 2009 with more than 700 reported cases of salmonella poisoning. According to the Centers for Disease Control and Prevention (CDC), based on epidemiological projections, that number translates to more than 22,000 total cases.
The verdicts followed a seven-week trial in the Middle District of Georgia during which prosecutors presented the testimony of 45 witnesses and introduced 1,001 documents into evidence. Among those who testified were Samuel Lightsey and Daniel Kilgore, both of Blakely, Georgia, both former operations managers for PCA and both of whom earlier pleaded guilty to several crimes for their roles in the sale of the salmonella-tainted food by PCA.
“As this verdict confirms, the salmonella outbreak that caused nationwide panic five years ago was a direct result of the actions of these individuals. This verdict demonstrates that the Department of Justice will never waver in our pursuit of those who break our laws and compromise the safety of America’s food supply for financial gain,” said Attorney General Eric Holder. “All Americans must be able to rely on the safety of the food they purchase. And any individual or company who puts the health of consumers at risk by criminally selling tainted food will be caught, prosecuted, and held accountable to the fullest extent of the law.”
The government presented evidence at trial to establish that Stewart Parnell and Michael Parnell – with Lightsey and Kilgore – participated in several schemes by which they defrauded PCA customers and jeopardized the quality and purity of their peanut products. Specifically, the government presented evidence that defendants misled customers about the presence of salmonella in their products. For example, as the evidence demonstrated, the Parnells, Lightsey and Kilgore fabricated certificates of analysis (COAs) accompanying various shipments of peanut products. COAs are documents that summarize laboratory results, including test results concerning the presence or absence of pathogens in food. According to the evidence, on several occasions, the Parnells, Lightsey and Kilgore participated in a scheme to fabricate COAs that stated that the food at issue was free of pathogens when in fact there had been no testing of the food or tests had revealed the presence of pathogens.
The government also presented evidence that when FDA officials visited the plant to investigate the outbreak, Stewart Parnell, Lightsey and Wilkerson gave untrue or misleading answers to questions posed by those officials.
“We are gratified by the jury’s verdict,” said Joyce R. Branda, Acting Assistant Attorney General for the Civil Division. “The jury delivered a powerful message that there will be serious consequences for criminals who put profit above the welfare of their customers and knowingly sell contaminated food. The Department of Justice will not hesitate to pursue any person whose criminal conduct risks the health of Americans and the safety of the nation’s food supply.”
“In this great country, we take for granted the safety of the food we feed our families,” said U.S. Attorney Michael J. Moore of the Middle District of Georgia. “We expect, and rightfully so, for food suppliers to follow the rules and regulations, and to never sacrifice public safety for profits. In this case, these defendants were willing to put tainted food onto the shelves of stores across the country. After this trial, it should be clear that individual accountability, not just corporate responsibility, for criminal conduct that puts public safety in jeopardy is now the norm in the eyes of the Department of Justice. And while the evidence over the last few weeks has focused on the criminal acts of these defendants, let’s not forget that there were real victims in this case who became ill and suffered greatly because making money, at least to the defendants, was more important than making sure that the peanut products they put into the marketplace were safe.”
Attorney General Holder, Acting Assistant Attorney General Branda and U.S. Attorney Moore thanked the jury for its service, and, especially, for its careful consideration of the evidence.
In all, the jury convicted Stewart Parnell of multiple counts of conspiracy, mail fraud, wire fraud, the sale of misbranded food, the sale of adulterated food, and obstruction; Michael Parnell of multiple counts of conspiracy, mail fraud, wire fraud, and the sale of misbranded food; and Mary Wilkerson of one count of obstruction. The judge has not yet set a date for sentencing.
The case was prosecuted by Trial Attorneys Patrick Hearn and Mary M. Englehart of the Consumer Protection Branch of the Civil Division and Assistant U.S. Attorney Alan Dasher of the Middle District of Georgia.